Texas law requires that the caseworker must consider the following factors in determining whether a child’s parents are willing and able to provide a child with a safe environment. The same factors are useful in determining whether reunification is a permanency goal that serves the child’s best interest. Factors to consider are:
• the child’s age and physical and mental vulnerabilities;
• the frequency and nature of out-of-home placements;
• the magnitude, frequency, and circumstances of the harm to the child;
• whether the child has been the victim of repeated harm after the initial report and intervention by DFPS or another agency;
• whether the child is fearful of living in or returning to the child’s home;
• the results of psychiatric, psychological, or developmental evaluations of the child, the child’s parents, other family members, or others who have access to the child’s home;
• whether there is a history of abusive or assaultive conduct by the child’s family or others who have access to the child’s home;
• whether there is a history of substance abuse by the child’s family or others who have access to the child’s home;
• whether the perpetrator of the harm to the child is identified;
• the willingness and ability of the child’s family to seek out, accept, and complete counseling services and to cooperate with and facilitate an appropriate agency’s close supervision;
• the willingness and ability of the child’s family to effect positive environmental and personal changes within a reasonable period of time;
• whether the child’s family demonstrates adequate parenting skills, including providing the child and other children under the family’s care with:
• minimally adequate health and nutritional care;
• care, nurturance, and appropriate discipline consistent with the child’s physical and psychological development;
• guidance and supervision consistent with the child’s safety;
• a safe physical home environment;
• protection from repeated exposure to violence even though the violence may not be directed at the child; and
• an understanding of the child’s needs and capabilities; and
• whether an adequate social support system consisting of an extended family and friends is available to the child.
Texas Family Code §263.307(b)
Leave a Comment: