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WEST VALLEY CITY, Utah (AP) -- Police plan to use the case of a malnourished 5-year-old girl who was not immediately taken from the care of her mother's boyfriend to train officers on what is and is not allowed under state child welfare law.
The girl, whose weight dwindled to 12-13 pounds, was taken to the hospital last month after her grandfather obtained a protective order. She was released Friday from Primary Children's Medical Center and the man whose care she was under has been charged with second-degree felony child abuse.
"Unless you have (obviously) exigent circumstances, it is difficult to remove (children from their homes)," West Valley Police Capt. Tom McLachlan said.
Paramedics reported that the girl's vital signs were stable when they were called to the home last month and officers suggested she be taken to the hospital, but declined to take her. Four days later, the girl's grandfather received a court order and had the girl taken to the hospital.
"I don't disagree with the Legislature because I'm for parental rights, but it's hard to lay down a blanket rule because there's always going to be exceptions. Hopefully those exceptions don't turn up in a tragic situation," McLachlan said.
The girl's mother was away while serving in the U.S. Army and left her daughter in the care of her boyfriend.
Three years ago, the state sought custody of 12-year-old Parker Jensen so he could be treated with chemotherapy for cancer. The boy's parents did not want their son to receive the treatment and fled the state, leading to a long and highly publicized battle.
The state ultimately halted its efforts and the Jensens have filed a civil lawsuit in federal court. According to his parents, Parker Jensen is now a healthy teenager.
After the case, lawmakers pushed for new regulations on when children can be taken from parents or legal guardians.
Carol Sisco, a spokeswoman for the Division of Child and Family Services, said the state generally tries to keep children with their families when possible.
"I think on our side we're a little bit more cautious, but we're certainly going to go in and do our job and if a child needs to be removed right away, we'll do it," Sisco said. "Before the laws and after the laws, in general, we tried to keep children with their families if there's any way we could do it."
------ Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
