78B-24-202.  Applicability.
     This part does not apply to a transfer of custody of a child by a parent or guardian of the child to:

(1)  a parent of the child;

Terms Used In Utah Code 78B-24-202

  • Child: means an unemancipated individual under 18 years old. See Utah Code 78B-24-101
  • Custody: means the exercise of physical care and supervision of a child. See Utah Code 78B-24-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person recognized as a guardian under other law of this state. See Utah Code 78B-24-201
  • Parent: means an individual recognized as a parent under other law of this state. See Utah Code 78B-24-101
(2)  a stepparent of the child;

(3)  an adult who is related to the child by blood, marriage, or adoption;

(4)  an adult who, at the time of the transfer, had a close relationship with the child or the parent or guardian of the child for a substantial period, and whom the parent or guardian reasonably believed, at the time of the transfer, to be a fit custodian of the child;

(5)  an Indian custodian, as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903, of the child; or

(6)  a member of the child’s customary family unit recognized by the child’s indigenous group.

Enacted by Chapter 326, 2022 General Session