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Child protection actions by state may get limited
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

smh A House committee Tuesday signed off on legislation meant to limit state intervention in child protection cases.

House Bill 338 gives parental rights equal standing with government responsibility, limiting state action to the "least restrictive means" necessary to accomplish a "compelling state interest" to protect an abused child. Guardian ad litems - attorneys assigned to represent children in such cases - would not be routinely assigned.

Sponsoring Rep. LaVar Christensen, R-Draper, replaced his original legislation an hour before Tuesday's meeting to incorporate language from two Supreme Court cases. Christensen called it a "sanitized and streamlined" bill.

"I want to keep that delicate balance of child abuse prevention and false accusation," he said.

As the state, "you don't come running in, charging in. You come in carefully, judiciously, trying to use the lesser force the state has rather than the maximum force the state has."

Democratic committee members tried unsuccessfully to amend the bill to require state action when a "parent is unable or unwilling to render safe and proper parental care."

Instead, the bill makes state action an option in those cases.

Robert Allsop, father of three adopted children removed from their homes, said he spoke for the children: "When a child is falsely removed from his home, he suffers significant trauma."

But Ronda Rose, whose 16-year-old daughter was raped and had a guardian ad litem assigned as she left the police station, pleaded with lawmakers to leave guardians in place.

"I don't know how we would have survived the trial. I don't know how my daughter would have survived," Rose said. "Please don't do away with this office."

Committee members voted 8-3 along party lines, with Republicans in the majority, to send the bill to the House floor.

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