Lawmakers examine 'mature minor' provision

State officials want to see what considerations need to be made if Utah lawmakers persist in the adoption of a "mature minor" provision in state child welfare laws.

Rep. LaVar Christensen, R-Sandy, proposed such a provision in the 2004 legislative session, which was approved by both houses.

In essence, the provision would allow a court-deemed "mature minor" to refuse medical treatment, even if it runs contrary to the recommendations made by medical professionals.

The measure was supported by the family of Parker Jensen, who ran up against the state child welfare system when they resisted chemotherapy treatment for a rare form of cancer diagnosed by a doctor.

Lawmakers advocating for more deference on the part of parental decisions approved the measure, but the bill, HB140, was ultimately vetoed by Gov. Olene Walker.

Assistant Attorney General Mark May said the mature minor provision in the bill could lead to minors being sanctioned by courts in seeking abortion or contraceptives without their parents' consent.

Robin Arnold-Williams, executive director of the Department of Human Services, told members of the Legislature's Child Welfare Legislative Oversight Panel Thursday that a subcommittee has been formed to look at the issue.

Arnold-Williams said the subcommittee, working under the auspices of the standing committee on Child and Family Law, said members would look at what "expanded emancipation" options the state could explore, as has been done in some other states.

In those instances, minors who, for example, are "aging out" of foster care or other state custody, could apply before turning 18 to direct their own medical care. Other states have given deference to some juveniles who object to certain medical treatments on religious grounds.

But May said one of the primary flaws in Christensen's proposal is that it contained several unintended consequences, pitting state officials against a minor should the "mature" designation be sought.

"It is shifting the focus of prosecution from the parent to the child," May said. "While it is undisputed that it is the parent's responsibility to provide necessary medical care, the rub is what is 'necessary.' "

May said one of those unintended consequences of Christensen's "mature minor" provision is that "parents would pressure a severely ill child to say that they are the one who is refusing treatment."

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