The West Jordan Republican said his new bill has the same goal as last session's version, which was defeated by a single vote in the final hours of the 2004 Legislature. His intent is to "balance out the needs to protect children as well as support the rights of parents," Harper told the Child Welfare Oversight Panel Tuesday.

In its original version -- covering 82 pages -- Harper's bill was the first measure calling for a rewrite of Utah's child protection code since the Child Welfare Reform Act was passed in 1994. The reform act passed as Utah was sued in federal court for alleged deficiencies that were deemed unconstitutional, such as unsafe foster homes.

Today, Utah remains under court oversight, although the case settled in 1994.

Harper revived his narrowly defeated bill and began distributing new copies to state agencies and advocates in July. He is still receiving comments on his draft but believes his bill will have the votes to pass this time around.

"It's going to be in a more clear and cleaner form," he said.

One concern over Harper's proposal is the raising of evidentiary standards that juvenile court judges use in ruling on the placement of children. Harper calls for tougher standards in seven areas.

Mark May, chief of the Utah Attorney General's Child Protection Division, is worried about increasing the standard for shelter hearings. At these initial court appearances, a judge determines whether a child taken into state custody must remain there or should go home.

Harper says his bill will require a judge to find "clear and convincing" evidence to support continued state custody. May contends that level will be difficult to prove in the three days between a child entering state custody and the shelter hearing.

"How do I find that amount of evidence in three days?" May asked.

Harper's bill also will call for evidence of abuse and neglect "beyond a reasonable doubt" before a judge can terminate parental rights. His previous bill ran into opposition because that standard -- required for criminal convictions -- is higher than the level deemed adequate by the U.S. Supreme Court for termination cases.

"Next to the Board of Pardons allowing someone to be put to death, that's the next most serious thing the state does," Harper said.

The Utah Division of Child and Family Services (DCFS) is not opposed to the entire bill, but objects to Harper's new definitions of abuse and neglect, said Adam Trupp, a DCFS legal administrator.

DCFS officials support his proposed limitation on the division's ability to deny visitation and restrictions on what caseworkers can require parents to do as part of a treatment plan.