"That is a very specific test used by the courts to determine the constitutionality of legislation," he said, adding the "strict scrutiny test is usually fatal to whatever the government action is."

But Huntsman, after several consultations with his legal staff, said he does not believe it will complicate the state's efforts in emerging from the "David C. vs. Leavitt" case.

"I was comfortable," he said.

Even with its mandate of a "least restrictive" approach in the handling of child welfare cases, DCFS administrators did not oppose HB338.

"Our position, as it was during the session, is that this doesn't require anything different from what we already do," said Adam Trupp, a policy analyst for the division. "We believe we already try the least restrictive means possible in cases."

Trupp pointed out that even Christensen, as sponsor, said several times he didn't expect Utah law to change, but merely wanted the rights of parents put into law.

Trupp did acknowledge is Balmanno's concern over the long-term legal implications of the measure: "Two years or three years from now if this goes before the Court of Appeals and they rule on what it means, then those concerns may come out."

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E-mail: amyjoi@desnews.com