Section 263.404 - Final Order Appointing Department As Managing Conservator Without Terminating Parental Rights(a) The court may render a final order appointing the department as managing conservator of the child without terminating the rights of the parent of the child if the court finds that:(1) appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development; and(2) it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator.(b) In determining whether the department should be appointed as managing conservator of the child without terminating the rights of a parent of the child, the court shall take the following factors into consideration:(1) that the child will reach 18 years of age in not less than three years;(2) that the child is 12 years of age or older and has expressed a strong desire against termination or has continuously expressed a strong desire against being adopted; and(3) the needs and desires of the child.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 944,Sec. 39, eff. 9/1/2015.Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. 9/1/1997. Renumbered from Family Code Sec. 263.403 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. 9/1/2001.