House Bill No. 1914 proposes an amendment to the Family Code by adding Section 156.107, which addresses the modification of possession orders and temporary possession of a child when a conservator becomes incapacitated. The bill defines "incapacitated" as a conservator experiencing a physical or mental condition, or a period of incarceration that significantly impairs their ability to provide for the child's needs. It establishes that the incapacitation of a conservator constitutes a material and substantial change in circumstances, allowing the other appointed conservator to assume possession of the child to ensure their health and welfare until the incapacitated conservator is capable of resuming care or until a court modifies the existing conservatorship order.

Additionally, the bill specifies that a possessory conservator cannot claim temporary possession if the existing order restricts their access to the child to prevent harm to the child's physical or emotional well-being. It also clarifies that the new provisions do not limit the rights of parties with standing to file for modification in response to significant changes in circumstances. The provisions of this bill will apply only to conservators who become incapacitated after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: ()