Medical-neglect proposal clears first hurdle

A controversial proposal that would limit the state's ability to remove a child to only the most life-threatening medical neglect cases has cleared its first hurdle to becoming law.

The favorable nod Friday by the majority of the Senate Health and Human Services Committee leaves Division of Child and Family Services officials unclear about the shape the agency's medical neglect investigations would take — and how much neglect the child would have to suffer.

"In order to get to medical neglect, we have to be focused more on the parent now," division director Richard Anderson said.

SB90, by Sen. Dave Thomas, R-South Weber, would allow the division to seek legal intervention in the alleged medical neglect of a child if a doctor says a child would die or suffer serious permanent disability within 120 hours.

A parent, according to Thomas' bill, is presumed competent to make medical choices for their child unless the state proves otherwise beyond a "reasonable doubt."

That shift, Anderson said, means less attention paid to the actual child in the early stages of an investigation and more of a "home study" on the parents to assess competency.

But Thomas said the measure brings balance back to the process.

"Over the years there has been an erosion of parental rights," he said afterward. "I believe this swings it more toward a true balance."

The measure is one of more than two dozen child welfare proposals on Capitol Hill, many of them targeting significant reforms in the system.

Many of the lawmakers aiming at reform concede last summer's controversy in the Parker Jensen case has been the catalyst for change — the springboard to propel the debate front and center.

Last summer, Barbara and Darin Jensen fled Utah with their son, who doctors believed had a life-threatening form of cancer requiring chemotherapy.

The Jensens objected to the treatment for fear of its effects, fought a custody order sought by DCFS and wound up facing felony kidnapping charges.

Although the state eventually backed off and the charges were reduced, the issue of parental choice sparked a nationwide debate and leveled Utah lawmakers' attention against state child protection officials.

Thomas said he has not talked to the Jensens about his bill, and the family has been noticeably absent from any discussions on the hill.

Senate Minority Whip Ron Allen, D-Stansbury Park, was one of two senators to vote against Thomas' measure, saying he felt the state should be more cautious about rushing into changes.

"Any time you have a huge and sweeping piece of legislation like this, I will maintain it belongs in a summer study session," he said.

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E-mail: amyjoi@desnews.com