A. Factors in Determining Best Interest of Children
The Holley factors below are a non-exclusive list of factors to consider:
• Desires of the child;
• Emotional and physical danger to child now and in future;
• Parental abilities;
• Programs available to assist parents;
• Plans for the child by individuals or agency seeking custody;
• Stability of home or proposed placement;
• Any acts or omissions of a parent indicating the relationship is not proper; and
• Any excuse for the acts or omissions of a parent. Holley v. Adams, 544 S. W. 2d 367 (Tex. 1976)
Factors in determining the best Interest of the child include, but are not limited to:
• Child's age and physical and mental vulnerabilities;
• Frequency and nature of out-of-home placements;
• History of abusive or assaultive conduct by the child's family or others with access to home;
• History of substance abuse by child's family or others with access to home;
• Whether the perpetrator of the harm to child has been identified; and
• For children 16 years of age or older, whether the permanency plan includes services to help the child transition from foster care to independent living. See Tex. Fam. Code § 263.307.
In considering the factors established by Tex. Fam. Code § 263.307, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest.