Few changes made in child welfare

Conservative lawmakers started out the 2004 legislative session clamoring for massive changes in the state's child welfare system to make it more parent-friendly.

But many of the most controversial and sweeping proposals were ultimately eviscerated, with lawmakers opting to put substantive changes up for "study" in the coming year, giving child welfare agencies a breather to rally their forces.

Lawmakers did decide to let a "mature" minor make medical decisions on their own behalf and slapped a gag order on the Guardian Ad Litem's office - the agency charged with being the independent voice for children.

But two of the most aggressive bills were still up for debate in the last hours of the session, with both backers and opponents strategizing in their respective corners.

HB266, by Rep. Wayne Harper, R-West Jordan, and SB90, by Sen. Dave Thomas, R-South Weber, were the subject of fierce late-hour lobbying by groups who were opposed to their massive changes, including establishing a "competent" parent standard for medical decisions made on behalf of their children.

Although promoted as "family friendly and parental rights" bills, state agencies involved in child welfare repeatedly warned lawmakers that the measures would invoke changes that would set the state back years and could potentially put children in harm's way.

"The kind of general concern is that in many of these sweeping changes there was not sufficient public input into the decisions," said Robin Arnold-Williams, executive director of the state Department of Human Services. "Many of them were designed with a case or two in mind and if you set those aside, the challenge is what does it mean for other cases and is it good for kids and families."

Urged on by the issues raised in last summer's controversial Parker Jensen case, lawmakers — Rep. LaVar Christensen, R-Sandy, among them — attempted to enact changes to restore what they say is needed balance in the system that recognizes parental rights.

Last year, Daren and Barbara Jensen became the poster parents for family rights against the system when they opted not to follow a doctor's order that their son, Parker, receive chemotherapy after being diagnosed with a rare form of cancer.

Although the state sought custody to force the treatment, it eventually backed off and the case became a rallying point for families who have long said child welfare workers abuse their authority and the system is fundamentally flawed.