78B-24-203. Prohibited custody transfer.
| (1) |
Except as provided in Subsection (2), a parent or guardian of a child, or an individual with whom a child has been placed for adoption, may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see
Utah Code § 76-3-204Terms Used In Utah Code 78B-24-203
- Child: means an unemancipated individual under 18 years old. See Utah Code 78B-24-101
- Child-placing agency: means a person with authority under other law of this state to identify or place a child for adoption. 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
- Intermediary: means a person that assists or facilitates a transfer of custody of a child, whether or not for compensation. 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
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 78B-24-101
| (2) |
A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through:
| (a) |
adoption or guardianship; |
| (b) |
judicial award of custody; |
| (c) |
placement by or through a child-placing agency; |
| (d) |
other judicial or tribal action; or |
| (e) |
safe relinquishment under 5. |
|
| (3) |
| (a) |
A person may not receive custody of a child, or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates Subsection (1). |
| (b) |
This subsection does not apply if the person as soon as practicable after the transfer, notifies the Division of Child and Family Services of the transfer or takes appropriate action to establish custody under Subsection (2). |
|
| (4) |
A violation of this section is a class B misdemeanor. |
| (5) |
A violation of Subsection (1) is not established solely because a parent or guardian that transfers custody of a child does not regain custody. |
Amended by Chapter 330, 2023 General Session
