First Substitute S.B. 248

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 13, 2007 at 10:29 AM by rday. -->

Senator Curtis S. Bramble proposes the following substitute bill:

1 PARENT AND CHILD AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill establishes public policy regarding in loco parentis.
10 Highlighted Provisions:
11 This bill:
12 . defines in loco parentis as a legally recognized, voluntary and temporary delegation
13 of parental power and preserves common law meaning of "in loco parentis";
14 . provides that in loco parentis, unless authorized by statute, may not be used to grant
15 parent-time, visitation, custody, legal guardianship, child support, or adoption of a
16 minor child or in a manner that violates public policy;
17 . allows a court of competent jurisdiction, under limited circumstances and through
18 clear and convincing evidence, to prevent the termination of an in loco parentis
19 relationship by a parent; and
20 . provides that this bill does not affect any established rights of a step parent or
21 grandparent.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

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Senate Committee Amendments 2-13-2007 rd/ecm 26

Utah Code Sections Affected:
27 ENACTS:
28 78-62-1, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 78-62-1 is enacted to read:
32 78-62-1. In loco parentis.
33 (1) As used in this section:
34 (a) (i) Except as provided in this section, "in loco parentis" has the same meaning and
35 application accorded that term under common law.
36 (ii) "In loco parentis" means the voluntary and temporary delegation to another person
37 of parental authority and responsibility for a minor child.
38 (b) "Person" means an individual acting on their own behalf or in a capacity provided
39 for by statute.
40 (2) In accordance with Section S. [ 62A-41-201 ] 62A-4a-201 .S , it is the public policy of
40a this state that
41 parents retain the fundamental right and duty to exercise primary control over the care,
42 supervision, upbringing, and education of their children. Unless specifically authorized by
43 statute, in loco parentis may not be used as the sole basis for granting to any person:
44 (a) parent-time or visitation;
45 (b) legal or physical custody;
46 (c) status as a legal guardian;
47 (d) child support; or
48 (e) an adoption.
49 (3) A biological or adoptive parent may at any time terminate a relationship between a
50 person standing in loco parentis and their minor child or children, unless a court of competent
51 jurisdiction concludes, based on clear and convincing evidence, that:
52 (a) the parent attempting to terminate an in loco parentis relationship is an unfit parent:
53 or
54 (b) the decision to terminate an in loco parentis relationship would harm the child.
55 (4) This section does not effect any established rights of a step parent or grandparent,
56 or rights provided under Title 78, Judicial Code, or Title 30, Husband and Wife.

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- 3 - 57 (5) In loco parentis may not be used in a manner that violates public policy.