Critics of the state child welfare system who assert the balance is tipped against parents cleared their first legislative hurdle Monday, with committee approval of a bill that would eliminate a "presumption of guilt" against parents accused of abuse or neglect.

HB89, sponsored by Rep. LaVar Christensen, R-Sandy, amends the state's current judicial code to repeal the "presumption" of responsibility related to the abuse or neglect of a minor.

Courts now determining a presumption of responsibility "is a nice way of saying there is a presumption of guilt," Christensen told members of the House law enforcement committee. "This unfairly puts the burden on the parent. It is like a cancer that runs through the code."

The repeal of the code was part of Christensen's sweeping child welfare overhaul legislation of last session. HB140 was passed but later vetoed by former Gov. Olene Walker.

Christensen brought the provision back this session specifically pinpointing the evidentiary problem he believes is offensive and contrary to fundamental liberties.

Assistant Attorney General Mark May, who heads the division of child protection, told committee members that prosecutors already have to prove that an injury is non-accidental to a child and that it happened at a particular time in which only the accused was present.

Removing any "presumption" is irrelevant, he said, noting that the code is really "a declaration of common sense" and a policy statement.

Adam Trupp, policy analyst with the state Division of Child and Family Services, said the change won't affect how the agency conducts its investigations. "We will still be doing the same thing," he said.

Parental rights were also the focus of other legislation approved by the committee Monday. SB72, sponsored by Sen. Dan Eastman, R-Bountiful, would ensure that parents in drug or alcohol rehabilitation, despite having a relapse, could still visit their children as long as authorities deem the children would not be at risk.

"We believe that a child should not be denied the right to see their parent even if the parent is struggling, as long as the visit would be appropriate," said DCFS director Richard Anderson.

"It is obviously in the best interest of the child to have regular visits with the parents . . . (but) we wouldn't want them to be traumatized from these visits or receive undue harm."

With the 2005 session in its third week, lawmakers are steadily marching toward making certain changes in the state child welfare system, many of them prompted by the 2003 outcry over the handling of the Parker Jensen case.

The state was embroiled in a tug of war with Daren and Barbara Jensen over Parker, who at 12 was said to have a life-threatening form of cancer requiring chemotherapy, treatment the state believed was needed. It sought custody to provide it. Parker Jensen never received it and remains healthy today.