Measure pushes for higher burden of declaring parent negligent

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"We've been proven right today," Parker's dad, Daren, told the Senate Health and Human Services Committee on Wednesday, showing off his son, who he said is still healthy.

Parker's parents disagreed with the hospital and fled the state when authorities tried to force chemotherapy. The state eventually dropped its attempts to force treatment following a series of contentious court hearings.

Medical decisions: The bill, a result of the Parker Jensen case, wants "clear and convincing evidence" of danger to a child
By Thomas Burr
The Salt Lake Tribune

The state would face a higher burden to declare a parent is negligent for ignoring a doctor's prescribed treatment for their child under legislation that passed unanimously out of a Senate committee Wednesday.

Utah's Division of Child and Family Services, or another party, would have to show "clear and convincing evidence" - one of the highest legal standards - that a parent's decision on health care was neglect if Senate Bill 83 passes the Legislature. And if a parent disagrees with the state or a doctor's decision, SB83 would allow a parent to seek out a doctor of their choosing for a second opinion.

It's the second-year attempt by Sen. Dave Thomas, R-South Weber, to address the headline-grabbing debacle of Parker Jensen, who at the age of 12 was diagnosed by doctors at Primary Children's Medical Center with a rare form of cancer in 2003.

Parker's parents disagreed with the hospital and fled the state when authorities tried to force chemotherapy. The state eventually dropped its attempts to force treatment following a series of contentious court hearings.

"We've been proven right today," Parker's dad, Daren, told the Senate Health and Human Services Committee on Wednesday, showing off his son, who he said is still healthy.

A bill Thomas proposed last year to look at the character of parents in such situations died on the Senate floor on the last night of the session. His new bill demands the state show substantial proof of why it disagrees with the parent's choice. Thomas said that now when a parent makes a medical decision for their child, there's a presumption that the parent is wrong.

His bill would "make it so that when the parents make a health-care decision it's presumed that you're acting on their best behalf," he said.

Daren Jensen said parents should have the right to choose a doctor they want.

"I'm not talking about someone who burns incense and howls at the moon," he said. "There's got to be some credibility there."

No one spoke in opposition to the bill, though Sen. Ron Allen, D-Stansbury Park, questioned whether the legislation would prevent emergency workers in a trauma situation from treating a child whose parents don't believe is in need of help.

Assistant Attorney General Mark May said a police officer could still demand treatment in that scenario.

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