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Relating to the modification of an order establishing the conservatorship or possession of or access to a child after a conservator's death.
No significant fiscal implication to the State is anticipated.
HB 1849 would make the death of a child’s conservator a material and substantial change of circumstances sufficient to justify a temporary order or modification of an existing conservatorship order. It would also require a court, when modifying an order under such circumstances, to first consider whether any limitations in the original order on the parent’s access to the child are still in the best interest of the child. If they are, the court would be permitted but not required to keep them in place.
Texas Action supports HB 1849 because it would add a due process protection for parents in possession order modification proceedings. A court should be required at every reasonable opportunity to review limitations on a parent's access to their child and determine whether those limitations continue to be in the child's best interest. HB 1849 would further bolster parents' presumption of right over their children in legal proceedings.