Jensens face charges

Ten days after state child protection agencies said they would drop their attempts to force a Sandy boy into chemotherapy treatments, a juvenile court judge has ordered his parents to stand trial on charges of medical neglect.

Judge Robert Yeates ordered the Nov. 17 trial after a two-hour hearing Wednesday in which Daren and Barbara Jensen continued to resist placing their son Parker, 12, into chemotherapy treatments. Multiple physicians — including Dr. Martin Johnston, Boise, who examined Parker last month — have diagnosed Parker with Ewing's sarcoma, a rare form of bone cancer for which chemotherapy is the recommended treatment.

The Jensens said in an Sept. 5 agreement with the state that they would comply with Johnston's recommendations. Johnston testified before the court by phone Wednesday.

Yeates had ordered that treatment begin in August and placed Parker in state custody. His parents ignored both orders, which triggered criminal kidnapping charges and set off a series of negotiations between the family, the governor's office, the Division of Child and Family Services, the Utah Attorney General's Office and the Guardian Ad Litem.

Juvenile court trials are civil proceedings, so the Jensens would not face jail time if Yeates finds them guilty of medical neglect. He could, however, order Parker back into state custody and demand that his existing order for chemotherapy be enforced, guardian ad litem Mollie McDonald explained.

Last week, DCFS and the Attorney General's Office, which serves the attorney for DCFS, said they would not force chemotherapy treatments because they believe Parker's mental disposition would make the situation unworkable.

A trial could still be avoided if the Jensens and the state can reach a compromise by Oct. 24, when a pretrial conference is scheduled.

A new deal drafted by the Attorney General's Office was presented to all the parties Tuesday, said Mark May, chief of the office's child protection division. May declined to comment on the specifics, saying it would be unfair because he did not know if the Jensens have reviewed it with their attorney, Blake Nakamura.

DCFS director Richard Anderson said the agency is open to any agreement that ensures Parker is getting treatment. That could include treatment other than chemotherapy, but as yet, the Jensens have not detailed what those treatments might be, Anderson said.

Anderson said state law compels his agency to continue to work toward an agreement. To dismiss the case and walk away would be "neglectful," he said.