may finally be beginning to understand
that the powers that be in family
court, child protective services and
other related activities of government
have gotten WAY out of hand and overzealous.
The system has been set up with all
kids of conflicts of interest, unqualified
people, unbridled power and other
flaws that not only allows but encourages
abuse of power. It is time for the
states to back off, respect the U.S.
Constitution and get out of our homes.
Te only reason to interfere is to
protect the physical safety of children.
Divorce, discipline within reason
that does not show real harm to a
child and other activites do NOT provide
a state interest and therefore the
state can not interfere.
U.S. Citizens are
taking back their rights to no be
interfered with in their own homes
and families. Join the cause!!
Date: Tue, 15 Nov
2005 23:38:45 -0800 (PST)
From: sue harbor <firstname.lastname@example.org>
Subject: Utah HB 202 - may take effect
on January 1, 2006
According to The Salt Lake Tribune
on Wednesday, February 23, 2005, article
title, "House bill redefines
child abuse" (front page and
New grounds for removing a child from
House bill 202 redefines abuse criteria
the state uses as grounds to remove
Under the bill,
* Threats of Physical harm no longer
merit state intervention.
* Mental harm must rate as mental
* Neglect must be chronic.
HB 202 also safeguards the right to
seek medical opinions from nontraditional
health care providers.
By Kirsten Stewart
House passes the bill, but Senate
may be a tougher sell
A child welfare overhaul that redefines
abuse passed the full house on Tuesday,
despite criticism from House members
who say it goes too far, and those
who say it doesn't go far enough to
protect falsely accused parents.
After an hour of debate that one lawmaker
remarked was "more confusing
than enlightening", House Bill
202 was approved by a solid 18-vote
margin. An attempt to strike the enacting
clause failed, but the bill was amended
so it would not take effect until
January 1, 2006.
Democrats and some moderate Republicans
opposed to the 100-plus-page measure
-- twice substituted and amended half-a-dozen
times -- say it's confusing and could
put children at risk. Under the bill,
threatened physical harm no longer
merits state intervention, mental
harm must rate as mental cruelty,
and neglect must be chronic.
"We don't see the faces of those
children who are abused or who might
be abused if this bill passes,"
said Rep. Patricia Jones, D-Holladay.
Rep. Margaret Dayton, R-Orem, criticized
the "whittled, revised and reworked"
bill as too soft on preserving parents'
rights to rear their children they
see fit. The bill no longer requires
higher standards of evidence before
a court can remove children from the
home or terminate a parent's rights.
But the bill's sponsor, Rep. Wayne
Harper, said that after hours of peace
talks with child welfare officials
and parental rights advocates, he
struck "a careful balance."
"Child abuse is wrong. Children
need to be protected. But families
also have rights," said the West
Jordan Republican, who has been a
foster parent and adopted a child
out of foster care.
"This bill will lessen the unnecessary
caseloads so caseworkers can focus
on the truly needy and abused,"
HB 202 safeguards the right to seek
medical opinions from non-traditional
health care providers. It establishes
that disciplining a child, including
and "reasonable physical restraint,"
does not necessarily constitute abuse.
And under the bill, a "dirty
or unkempt" home does not qualify
as grounds for removal of a child.
Rep. Lorie Fowlke, R-Orem, an attorney
who as represented abused children,
supports the measure because it standardizes
training for Utah's Division of Child
and Family Services [DCFS] caseworkers
and allows parents to participate
in the drafting of court-ordered steps
to regain custody of their children.
"A problem with juvenile court
is that many parents who come in don't
know what rights they have or how
to exercise them," Fowlke said.
Officials with DCFS say the measure
no longer risks violating the David
C. v. Leavitt lawsuit that has driven
welfare reform in Utah since 1994,
when the foster care system was deemed
But they say it tackles too much and
competes with other pending legislation
that proposes smaller changes.
"We are continually improving
the system. This is not the time to
be looking at major over-hauls,"
said DCFS Direct Richard Anderson.
Rep. Karen Lawrence fears the bill
is a "knee-jerk" reaction
to isolated complaints. For two years,
the East Millcreek Republican has
surveyed her constituents, who say,
"2 to 1, we have a balanced system."
But Rep. LaVar Christensen, R-Draper,
calls it a "long over-due"
look at righting "violently"
unbalanced child welfare system, that
in the wake of the David D. lawsuit,
has piled unfair restrictions upon
The bill now heads to a Senate committee,
where it is expected to run into opposition.
Kirsten Stewart, The Salt Lake Tribune
Back to List of Judicial Abuse Stories