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Last-minute push: Senate debate on child welfare adds controversy
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated.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.

The Utah Senate waited until the bitter end to debate the two most controversial child welfare reforms of this legislative session, passing one that a state attorney warned could wreck the system.

Some senators sought to stall passage. Others used the bills as a bargaining chip with the House. But as one bureaucrat with the Division of Child and Family Services (DCFS) put it, "It's obvious these bills don't have much support."

No matter, the Senate endorsed House Bill 338, despite a stern warning from Assistant Attorney General Alain Balmanno that it will "destroy" the child welfare system. The measure is now one gubernatorial signature away from becoming law.

Gov. Jon Huntsman Jr. did not comment Wednesday on the bill.

He has until March 22 to decide to sign or veto legislation, or allow it to go into law without his signature.

Sponsoring Rep. LaVar Christensen, R-Draper, downplays the bill as a philosophical adoption of U.S. Supreme Court language that is "already the law of the land."

Salt Lake City Sen. Scott McCoy said, sarcastically: "I look forward to next year when we codify the language of Roe vs. Wade and Lawrence vs. Texas." He referred to the decision legalizing abortion and another striking down anti-sodomy laws.

On a more serious note, Balmanno warned senators, "the problem with philosophical statements is they mean something." The legislation would require caseworkers to use the "least restrictive" means when intervening to protect a child, and only when a parent poses "immediate" harm.

"From a practical standpoint, it's impossible to apply that test to a caseworker. If I talk to the neighbor [of an alleged abuser] or ask a school teacher for evidence, have I crossed the line?" asked Balmanno.

"Defense counsel could challenge all sorts of things using that test."

House Bill 202, also red-flagged by child advocates for its potential to hobble child abuse investigations, died as time expired.

But sponsoring Rep. Wayne Harper, R-West Jordan, and his parental-rights bill supporters were vowing to bring it back next year should it fail.

"We conceded and conceded," said Sandra Lucas of the Citizens Commission on Human Rights. "I'll come back next year with 35 bills."

Under the bill, only "serious" bruises qualify as abuse. And emotional maltreatment, such as terrorizing a child, would be permitted unless it could be proven that the child suffered as a result.

"What's a serious bruise?" asked Kristin Brewer, director of the Office of Guardian Ad Litem, noting light bruising sometimes indicates internal injury.

Officials with Utah's DCFS were officially neutral on the heavily amended 100-page bill, stressing it makes some improvements to the system.

But Brewer said, "I bet there's not one person who can tell you what this bill does exactly. This isn't a bill that anyone in the business of protecting children asked for."

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