Child welfare can be full of land mines
"We are more cautious, I think, because of that," says West Valley Police Capt. Tom McLachlan, whose department's recent decision not to immedi- ately remove malnourished 5-year-old Jade Ferrando from her caretaker's custody has raised questions about when and how officials can intervene in parenting matters.
"It's not really ambiguous, but it is more difficult," McLachlan said. "Unless you have (obviously) exigent circumstances, it is difficult to remove (children from their homes)."
Late last month, West Valley police declined to remove Jade from the home of her mother's boyfriend, who was caring for the child while her mother was stationed out of state with the U.S. Army. Although the girl weighed only 12 or 13 pounds, paramedics reported that her vital signs were stable and police suggested Jade be taken to the hospital.
The girl was removed from the home four days later, after her grandfather obtained a protective order. The mother's boyfriend, Michael John Bowden, was arrested and charged with second-degree felony child abuse. Jade was released from Primary Children's Medical Center Friday in the care of her mother, Anahi Ferrando.
"You're taking a big step by removing the child from legal custody of the parent or guardian, and you can generate some civil liability over that vis-a-vis the Jensen boy situation," he said.
In 2003, child-welfare officials waged a high-profile and controversial effort to require the parents of 12-year-old Parker Jensen to seek medical treatment for what doctors said was a rare form of cancer. When Daren and Barbara Jensen, who doubted the diagnosis, declined to do so, the state sought custody of Parker.
The state ultimately halted its efforts and the Jensens have filed a civil lawsuit in Utah's federal court. According to his parents, Parker Jensen is now a healthy teenage boy.
The case led to a mass of proposed legislation by pro-parental rights lawmakers determined to clarify — and, in some cases, restrict — the situations in which children can be taken from their parents or legal guardians.
The new laws, and increased scrutiny, have caused the state Division of Child and Family Services to seek warrants more often when attempting to remove children believed to be in imminent danger, agency spokeswoman Carol Sisco said.
"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.
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