From Deseret News archives:

Child-welfare bill now law

Critics fear measure weakens protection under state system

Published: Wednesday, March 23, 2005 10:04 p.m. MST
 |  E-MAIL | PRINT | FONT + - 
Despite the emotional hand-wringing by some opponents over the possible implications of HB338, lawmakers endorsed the child-welfare measure, and Gov. Jon Huntsman Jr. signed the legislation on Tuesday.

Several groups were vehemently opposed to the proposal by Rep. LaVar Christensen, R-Draper, which sets in statute language from two U.S. Supreme Court decisions acknowledging constitutional protections related to parental rights.

Repeatedly during the 2005 Legislature, Christensen made impassioned pleas about the need for Utah law to incorporate that recognition into its laws dealing with child welfare, arguing the code fails miserably in assuring parents of their importance.

The statute declares that there is a "fundamental liberty interest of a parent" concerning the care, custody and management of their children and that the interest does not cease to exist if the child is placed in state custody.

Moreover, it states until the state proves parental unfitness, the child and the child's parents share a "vital" interest in preventing an erroneous termination of their relationship.

Story continues below
While some critics dismissed the measure as nothing more than preaching from a soapbox, others feared the premise of the bill jeopardizes the state's ability to wrest itself from continuing federal court monitoring. Court oversight was imposed as part of a settlement to a class action lawsuit brought in 1993 by an Oakland, Calif., civil rights group against the state's child welfare system.

The suit alleged that children in Utah's foster care system were not safe and perhaps endangered by the state's child protection system.

Many accountability measures have been put into place as a result of that lawsuit. Although the state Division of Child and Family Services and its related child protection agencies are far from perfect, a court-appointed monitor reports that the system is far better today than it was 12 years ago.

State officials have been hopeful a federal judge will release the system from the mandates of the settlement decree as early as 2006, but at least one attorney is concerned HB338 will derail that.

"My position has been very clear," said Alain Balmanno, the state's lead attorney helping to get Utah out from under federal oversight. "This is not a good bill and should not become law."

Balmanno said even though some merely view the measure as "philosophy" it does require those in the child welfare system to use the "least restrictive means" in accomplishing the state's interest.

Comments

You can be the first to comment on this story.

previousnext

Latest comments

No fractures on Emery's foot

to: screener of these posts. Was my last post abusive, offensive, off-topic...

Letters: Conservatives confused

On the topic of holier than thou comments "We will stay because we nkow we...

Utahns growing tired of Bennett

i am not sure how a senator really could be more conservative than Bennett...

plays the system, tries to toy with the investigators, and totally knows that...

Woods says he let family down

You cannot find it in your heart to forgive him? What on earth did he do to...

Unbeaten BYU takes trip to Logan

Reminder to As for the Color....BYU if you were watching the BYU/Utah game...

josh weezy is the legitest player on davis

GOP may dump primaries

This has come up before, and been defeated. DEFEAT IT AGAIN. It's really a...

I have worked at the U for over 18 years. To many Utah fans it is about...

The guy is living his dream. Persecuted, downtrodden, poor guy. Can't wait...

Advertisements