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Rep. Harper submits a 'compromise' child welfare reform bill
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated.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.

Rep. Wayne Harper is nothing if not committed to restoring balance to Utah's child welfare system.

For the fourth year in a row, the West Jordan Republican is toting out a sweeping reform bill that redefines child abuse - only this year's version is no longer so sweeping or controversial.

Described by child welfare officials and Harper as a "compromise bill" crafted after four months of negotiations, it seeks to refine the definition of child abuse by asserting what it's not. That is, reasonable discipline of a child, the use of reasonable and necessary physical restraint or force, and measures of self defense.

The measure also directs the Division of Child and Family Services (DCFS) to train caseworkers on recent U.S. Supreme Court decisions underscoring that the state's "role is secondary and supportive to the primary role of a parent."

"We're not feeling as if we got everything we wanted or he got everything he wanted," said Adam Trupp, a legal adviser to the state Department of Human Services.

DCFS officials and Harper were singing similar chords of Kumbaya last year near the close of the 2005 legislative session. But behind the scenes DCFS lobbied to kill the bill, according to Harper's supporters.

This year's legislation is a mere shadow of its former self. And Harper has no immediate plans to bring back some of its more provocative proposals.

It does not require higher standards of evidence before a court can remove children from the home or terminate a parent's rights. Nor does it seek to remove threatened physical harm, mental cruelty or repeated neglect as conditions for state intervention.

The measure does strike a clause in the law that directs DCFS to provide unwed parents services, such as parenting classes. But Trupp said that language used to apply to special services given unwed parents who will still be eligible for the same services as everyone else.

Lisa-Michele Church, the executive director of the Human Services Department, hopes this compromise will end lawmakers' annual scrutiny of DCFS caseworkers.

"Every year there are 300 changes," she said. "The rules of the playing field shouldn't change every single year."

Lawmakers have focused dozens of bills on the child welfare laws and the continuous tinkering has resulted in a major drop in morale, according to Church.

"It sent a message that the Legislature doesn't support them in their difficult job," she said.

Trupp said any proposal that changes the "heart" of Utah's child welfare system won't get the department's support.

"We aren't about to take those issues on without input from the courts and others," he said.

Harper anticipates running as many as five other bills involving child welfare, but said they mainly provide technical corrections or reflect current practices.

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Tribune Reporter Matt Canham contributed to this article.

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