SB 1382 Summary

• Creates Chapter 17, Title 32 (De Facto Custodian Act) establishing a legal process for third parties related within the third degree of consanguinity or affinity to obtain custody of children they have cared for and financially supported.

• Defines de facto custodian as an individual who is a relative and has been primary caretaker and financial supporter for 6+ months (if child under 3 years old) or 1+ year (if child 3 years or older), excluding those placed through court order or voluntary placement agreements and those cohabiting with/married to a parent.

• Requires courts to find by clear and convincing evidence that petitioner meets de facto custodian requirements before determining best interests of child by preponderance of evidence, applying standards from section 32-717(1).

• Permits de facto custodians to file petitions for custody or motions to intervene in pending custody proceedings, with required notice to parents, guardians, and Indian tribes when applicable.

• Amends sections 15-5-207 and 15-5-213 to allow de facto custodians to initiate guardianship proceedings and grants them parental standing in guardianship proceedings when court determines recognition serves child's best interests.