Senate adopts statutory definition of in loco parentis after heated debate on grandparents and stepparents

Senator Thomas sponsored a bill to put the common‑law doctrine of in loco parentis into statute, arguing the change would clarify that such arrangements are temporary and voluntary and should not be used to assert parental rights contrary to biological parents.

A lengthy floor debate followed. Senator McCoy and others warned that the statutory change could unintentionally remove a gap‑filling tool that courts use to protect grandchildren and children raised by grandparents or stepparents, particularly where custody (not merely visitation) is at issue. McCoy offered a substitute amendment that would have added grandparents and step‑parents to persons who could rely on the doctrine; that substitute failed. The Senate adopted Amendment 3 under Senator Thomas’s name to make clear the bill does not alter grandparents’ visitation rights under Title 30 and Title 33.

Supporters argued the bill preserves the parent's default position and avoids creating a permanent claim to custody by non‑parents. Opponents urged caution, noting a Utah Supreme Court case pending at the time and warning of unintended consequences for families where non‑biological caregivers have acted as parents.

After debate, the Senate passed the first substitute of House Bill 148 by roll call (15 yes, 12 no, 2 absent). The bill was referred to the House for further action.