the “Best Interest of the Child”Definition.
My public comment for the Juvenile Justice & Family Issues Examination of the Best Interest of the Child definition.
My name is Robert Garza, and I am here to comment on the Best Interest of the Child standard as defined in the Texas Family Code, focusing on its application in issues of conservatorship and access.
The federal government has established specific guidelines for acting in the best interest of a child under the Social Security Act Title IV-E and the Child Abuse Prevention and Treatment Act (CAPTA). According to Title IV-E Section 472 and Section 471(a)(15)(D)(i-iii), a court must adhere to these guidelines, which specify that intervention is warranted ONLY IF A PARENT HAS COMMITTED MURDER OR SERIOUS BODILY INJURY AGAINST A CHILD.
This aligns with CAPTA’s definition of child abuse, which includes recent acts OR FAILURES TO ACT RESULTING IN DEATH, SERIOUS HARM, OR IMMINENT RISK OF SERIOUS HARM.
CAPTA’s Section §5106a(b)(2)(B)(xvi)(I-VI) also supports this standard, mandating that federal grants for child abuse prevention align with these definitions.
In essence, the federal laws already define when it is appropriate for a court to act in the best interest of a child. States are required to comply with these federal guidelines to receive federal funding. However, some states, including Texas, have been found to deviate from these guidelines, potentially defrauding the federal government of billions in grant funding. This deviation contributes to systemic failures within the child welfare system, where state laws and practices may not align with federal standards.
The misuse of discretion by states has led to violations of constitutional rights, including the 1st, 4th, 5th, 6th, 10th, and 14th Amendments. Specifically, many states use best interest laws that improperly rely on hearsay in family courts, restraining orders, and child protective cases, which is illegal and in violation of these constitutional protections. This systemic issue reflects a broader problem where states prioritize fraudulent federal funding over adherence to constitutional and federal standards, undermining the integrity of child welfare processes and legal protections.
Thank you for the opportunity to present this testimony.
- Robert Garza & Daniel Robinson
