At every stage in the proceedings, the court must make and record findings that the proposed treatment or permanency plan is in the best interest of the child. While everyone agrees that the child's best interest is the paramount consideration throughout every proceeding, it is a term that is neither defined in the statutes nor easily susceptible of definition. Rather than a goal to be achieved or a treasure to be discovered, it might be more accurate to think of it as a lens through which the entire proceeding should be viewed. It is the touchstone against which to test every decision as to placement and permanency. Every case commences with a family in crisis, a child in need or even in peril.
Some damage is inevitable.
Thus, almost invariably, alternatives must be selected and decisions driven on the basis of inflicting the least additional trauma. Finally, the discretion of the children's court to act in the best interest of the child, although broadly equitable in nature, is not boundless. While the best interest standard provides an additional safeguard for the child, it is not an acceptable substitute for the substantive requirements set forth in the Children's Code. In terms of procedure, the child's best interest is protected specifically through the appointment of and zealous representation by the GAL, whose duties and responsibilities are described more fully in Chapter 6. In general, the best interest of the child becomes the common denominator for all of the participants, who may differ in their views of the details or the best way to arrive at the desired result.