HSLDA | Utah Legislation 2005�Senate Bill 83: Supports a Parent or Guardian's Right to Make Medical Decisions

March 15, 2005

Senate Bill 83: Supports a Parent or Guardian's Right to Make Medical Decisions

Author:
Senator Thomas

Summary:
This bill modifies provisions of the Utah Criminal Code and the Judicial Code regarding child abuse and neglect. Specifically, it has two provisions:

A health care decision made by a child's parent or guardian does not constitute neglect unless the state or other party to the proceeding shows, by clear and convincing evidence, that the decision is not reasonable and prudent.

A parent or guardian has the right to a second medical opinion.

Status:

12/16/2004		Numbered
01/17/2005		(S) Senate/ to standing Senate Health and Human Services Committee
01/17/2005		(S) Senate/ read 1st (introduced)
01/19/2005		(S) Senate Health and Human Services Committee - favorable recommendation
01/20/2005		(S) Senate 2nd reading calendar report favorable
01/24/2005		(S) Senate/ Floor amendment
01/24/2005		(S) Senate/ Pass 2nd
01/25/2005		(S) Senate/ Pass 3rd
01/25/2005		(S) Senate/ To House with amendments
02/07/2005		(H) House Health and Human Services Committee - favorable recommendation
02/08/2005		(H) House/ Read 2nd time
02/09/2005		(H) House/ Read 3rd time, passed 3rd reading
02/09/2005		(S) Senate/ Received from House
03/11/2005		Governor signed

Action Requested:
None at this time.

HSLDA's Position:
Support. This bill clearly states, "The Legislature recognizes that parents have a fundamental liberty interest in the care, custody, and management of their children, as protected by the 14th Amendment." This bill makes sure that judges know the standard for child neglect proceedings is the high evidentiary standard of "clear and convincing evidence," and does not allow the social worker to overrule the parent's decision unless the parent's decision is not reasonable or prudent, as proven by this high standard.