Concerns over protecting kids stalls legislation

One of the most far-reaching legislative proposals to revamp Utah's child welfare system stalled Tuesday in a legislative committee after opponents said it would set the state back years.

Alain Balmanno, the lead attorney for Utah in litigation brought against the state 10 years ago by a national children's advocacy group, said HB266 would "absolutely" invite more lawsuits and also present serious threats to the well-being of children.

"You are making it impossible to protect children," Balmanno said. "If you pass Rep. Harper's bill I will have to defend this and I will lose."

Balmanno said many of the provisions in the bill would violate agreements the state made when it entered into a consent decree in the suit settlement that requires certain performance standards.

And Barbara Feaster, a child abuse victim who now heads uFosterSuccess, passionately told lawmakers children can't be ignored. She was in tears when it appeared lawmakers were poised to pass out the bill.

The measure, by Rep. Wayne Harper, R-West Jordan, is not dead. The lawmaker vowed to continue to address agency concerns and come to some sort of acceptable compromise.

Harper was urged by committee members to do some retooling. They said the state needed to shift the balance so the system will not overrun families but more adequately address parental rights.

"I don't see this as a step in the wrong direction," said Rep. Eric Hutchings, R-Kearns. "They are literally strip mining a whole area to make sure we get the bad ones. We need to weed out the ones we don't necessarily need to catch."

Among other things, Harper's measure proposes to:

• Elevate the legal burden of proof to "beyond a reasonable doubt" in child welfare hearings to determine termination of parental rights or determine if state custody of a child should continue.

• Restrict removal to those cases where a child is in imminent risk of injury.

• Outline the right for parents to "reasonably" discipline a child.

• Streamline definitions of abuse and neglect.

"Is this bill perfect? No," Harper said. "Is this a child abuser bill? No. This bill supports families and I believe it protects children." Hutchings said he believes the state should have to meet a higher standard when it seeks to remove children from families.