STATE STATUTES Current Through March 2016 WHAT’S INSIDE Determining the Best Best interests definition Interests of the Child Guiding principles of best interests Courts make a variety of decisions that affect determinations children, including placement and custody determinations, safety and permanency planning, Best interests factors and proceedings for termination of parental rights. Other considerations Whenever a court makes such a determination, it must weigh whether its decision will be in the “best Full-text excerpts of interests” of the child. State laws All States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, To find statute and the U.S. Virgin Islands have statutes requiring information for a that the child’s best interests be considered whenever particular State, go to specified types of decisions are made regarding a child’s custody, placement, or other critical life issues. https://www.childwelfare. gov/topics/systemwide/ laws-policies/state/. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email:
[email protected] | https://www.childwelfare.gov Determining the Best Interests of the Child https://www.childwelfare.gov Best Interests Definition Best Interests Factors Although there is no standard definition of “best Approximately 22 States and the District of Columbia list interests of the child,” the term generally refers to the in their statutes specific factors for courts to consider in deliberation that courts undertake when deciding what making determinations regarding the best interests of the type of services, actions, and orders will best serve a child.5 While the factors vary considerably from State to child as well as who is best suited to take care of a child.