First Substitute H.B. 148

Representative LaVar Christensen proposes the following substitute bill:

1 PARENT AND CHILD AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaVar Christensen
5 Senate Sponsor: David L. Thomas
6
7 LONG TITLE
8 General Description:
9 This bill defines "in loco parentis" as a voluntary and temporary delegation of parental
10 authority.
11 Highlighted Provisions:
12 This bill:
13 . defines "in loco parentis" to be a legally recognized, voluntary and temporary
14 delegation of parental power;
15 . prohibits the use of "in loco parentis" to grant parent-time, visitation, custody, legal
16 guardianship, child support, or an adoption of a minor child;
17 . allows a biological or adoptive parent to terminate the temporary and voluntary
18 delegation of parental authority between a person standing in "loco parentis" and
19 their minor child or children;
20 . provides that in loco parentis may not be maintained or legally recognized contrary
21 to the expressed desires of a parent of a minor child; and
22 . provides that this bill does not effect any rights provided under Title 30, Husband
23 and Wife.
24 Monies Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 78-62-1, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 11. Section 78-62-1 is enacted to read:
34 78-62-1. In loco parentis.
35 (1) "In loco parentis" means the legal recognition of a voluntary and temporary
36 delegation to another person of parental authority for a minor child.
37 (2) "Person" means an individual acting on their own behalf or in such capacity as
38 provided by statute.
39 (3) Unless specifically authorized by statute, in loco parentis may not be used as the
40 basis for granting to any person:
41 (a) parent-time or visitation:
42 (b) legal or physical custody:
43 (c) status as a legal guardian;
44 (d) child support; or
45 (e) an adoption.
46 (4) In loco parentis may not be maintained or legally recognized contrary to the
47 expressed desires of a parent of a minor child.
48 (5) A biological or adoptive parent who has not been adjudicated as an unfit parent
49 may at any time terminate a relationship between a person standing in loco parentis and their
50 minor child or children.
51 (6) This section does not effect any rights provided under Title 30, Husband and Wife.

*HB0148S01*