Child welfare measure goes to House

Despite some lawmakers' concerns the bill goes too far and carries too many unknown ramifications, a legislative committee voted 7-4 Thursday to advance a comprehensive child welfare measure to the House.

HB202, in its second version and destined for more amendments, proposes several changes in the state child welfare system, including elevating the evidentiary standard in child abuse and neglect cases from a preponderance of evidence to clear-and-convincing evidence.

Sponsored by Rep. Wayne Harper, R-West Jordan, the bill is the result of five years work and "hundreds" of interviews with parents, caseworkers, DCFS officials and others.

The bill seeks to clarify definitions of child abuse and neglect, institutes safeguards for parents when it comes to making medical decisions on behalf of their children and establishes a rebuttable presumption that discipline of a child does not constitute abusive conduct. Under the measure, parents will also have more say in treatment plans, and if violated, do not risk having their parental rights terminated.

Rep. David Litvack, D-Salt Lake, argued passionately against the bill, saying that in his four years on the Hill, DCFS and the system has come under constant attack.

"Ultimately, you can't take back the abuse the child went through because we didn't intervene early enough."

Rep. Pat Jones, D-Salt Lake, wanted the measure sent to an interim committee for additional study, citing too many unknowns.

"This is such a moving target, and I don't aim very well."

But Harper, joined by supporters such as Rep. LaVar Christensen, R-Sandy, argued the time for study was past, the bill was a good compromise and simply seeks to restore balance to a system that has been tilted against parents.

"I know we are on delicate ground . . . but to simply punt and go back to interim on this, to go all or nothing, would be a huge mistake."

The committee refused to take public testimony on the measure, a move that drew groans of protest from the packed audience.

House chair Rep. Mike Morley, R-Spanish Fork, said two meetings with public testimony had already been devoted to the issue, but agreed to accept specific questions directed at the measure.

Adam Trupp, policy analyst with DCFS, said the broad measure poses a concern to his agency and others in the system because they are unsure of the impacts.

"It could have a very detrimental effect in some cases or it could be a benefit. to parents. We're not sure."

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