Under an amended - some say "watered down" - version of parental rights legislation proposed last year, a parent's medical decision does not constitute neglect unless the state can prove by "clear and convincing" evidence that the decision was not "reasonable or prudent."

"Clear and convincing" is the second highest evidentiary threshold in law, a step below the "beyond a reasonable doubt" standard typically reserved for criminal proceedings - the standard that the bill's sponsor, Sen. Dave Thomas, proposed last year.

"The focus has changed. This is a consensus bill," said Thomas, R-South Weber. He noted the measure now has the support of the state Division of Child and Family Services (DCFS), which lobbied to kill it last year.

Before approving Senate Bill 83, one lawmaker voiced reservations about an amendment that Thomas introduced on the floor that would allow parents to seek a second "health care" opinion rather than a traditional doctor's opinion.

"Have we broadened this too much?" asked Salt Lake City Democratic Sen. Gene Davis. "Would this allow parents to get a second medical opinion and profess a treatment is appropriate, even when it's not?"

DCFS Director Richard Anderson said the word change doesn't "make much of a difference." He said his agency's support came from Thomas' willingness to collaborate on the bill, and is not the product of new marching orders from Gov. Jon Huntsman Jr.

Accountability Utah, an arch-conservative citizens group, calls the bill "a farce" because it does not require the medical decision to be "deadly serious" before the state is allowed to step in and because, the group says, that gives the appearance that due process is in place "when it is not."

SB83 is one of at least three parental rights bills that lawmakers will debate this year following a high-profile tug-of-war over Daren and Barbara Jensen's refusal last year to treat their then-12-year-old son Parker's cancer with chemotherapy. The bill now heads to a House committee, which will decide whether to send it to the House floor for a final vote.

kstewart@sltrib.com