No matter how the legal minutiae are disentangled in the next few days, the Jensen case is already creating legislative ripples.
Legislators are getting calls to make sure nothing like this ever happens again. Parents' rights advocates are rallying to stop what they call state nannying and bullying of families once and for all.
Rep. Mike Thompson, R-Orem, who has authored several bills dealing with parents' rights issues, said Tuesday he has talked to the Jensen family and plans to draft legislation that will strengthen parents' rights to do what they believe is best for their children.
"There is a plan for parents to have stewardship over their children, and that plan is not just going along with what the state says no matter what," Thompson said.
His bill to allow families to choose mental health therapists for children, not just those recommended by the state, was approved by the Legislature this past session.
"Maybe I'll have to try for the same thing on medical problems as well," Thompson said. "Does it have to be only doctors, who often have a conflict of interest with the state anyway, who tell you what you have to do?"
House Speaker Marty Stephens, R-Farr West, said Tuesday that he has been getting calls and e-mails from citizens and legislators upset over the Jensen matter. But the Legislature is not in session now — and may not be in session again until early January — and so "there is really not a lot we can do at this point. We can yell some, but this is in the courts, in the AG's office and in the governor's office and DCFS (the Division of Child and Family Services)."
However, Stephens, who is considering a run for governor himself next year, said the 2004 Legislature in January will likely see some bills aimed at the Jensen matter.
Saying the ideas are not original to him, Stephens said several areas will likely be addressed, such as trial by jury for similar high-conflict custody cases.
Perhaps adult court, not juvenile court, should determine cases where the state takes custody, he said. Hearings then could be conducted in public, not in the closed juvenile court system.
"Some are saying that in these medical situations there should be different procedures, more parental involvement in protecting the family's rights," he said.
Stephens said he has had private discussions with people in the AG's office and the governor's office where he has been told "there are other issues that state officials know of" concerning the Jensen situation "that have not been made public. And if they are, I'm told, then people will understand why what has happened" has occurred.
But, said Stephens, part of the problem is that not all the information is getting out to the public, resulting in a public outcry.
"A lot of strange things are going on that are not representative of how we want our state to interact with our citizens," he said. "We want to help people so they aren't distrustful of their government."
Parents are rallying Thursday to remind lawmakers how much distrust currently exists.
Utah's Eagle Forum, long a champion of parental rights, sent out an e-mail call for "hundreds, even thousands" to attend an 11 a.m. rally on the steps of the Capitol.
"You need to be there! No excuses! Ask for the time off at work, take your children out of school (this is about the children), change any appointment that you may have for that day," Eagle Forum president Gayle Ruzicka wrote. "If the Jensens cannot exercise their parental rights, neither can you."
Ruzicka is also encouraging sympathizers to call or write the governor's office, legislative leadership and their individual state representatives and senators to make their feelings known.
"We must do all that we can to stop the 'Nanny State' and put an end to the anti-parent agenda of DCFS and all the agencies and the courts that work with them," she wrote.
The Jensen family is also working on a Web site, www.mychildmychoice.org, and has set up an e-mail account, mychildmychoice@hotmail.com, to share information about their situation and to collect stories from other families who also believe they have been mistreated by DCFS.
Daren and Barbara Jensen said Monday they understood that their situation has left them as the poster family of the moment for the parents' rights movement. Both said that once their problems with the state are resolved they hope to help change the child welfare system.
"We're common people, we were doing our thing, we were living our lives. My biggest thing, you know, was what's for dinner and why won't my children practice (their musical instruments) more. And then this," Barbara Jensen said. "I think it could happen to anybody."
Family and friends are also trying to raise money for the family. Daren Jensen has lost his job as a software executive, and the family home in Sandy is being listed for sale to help cover legal, medical and living expenses, Daren's father, Robert Jensen, has said.
The Parker Jensen Support Fund has been established at Zions Bank, or contributions can be mailed directly to Daren's brother, Tracy Jensen, 9873 N. Meadow Lane, Highland, UT 84003. Checks should be made payable to Tracy Jensen.
Senate Majority Whip John Valentine, R-Orem and an attorney, said there has been tension between the state and people who say state and federal court actions don't reflect Utahns' values on family issues.
While the Eagle Forum may want to apply pressure to Gov. Mike Leavitt and legislators now, Valentine says there really is nothing that lawmakers can do. And it may not be wise to rush into anything, he said.
"First of all, we don't even know the extent of the problem. We're told (through the media) that three different, independent medical groups looked (at the boy's cancer). And we know the state has attempted to assert control over the boy's health. But it is hard for us as elected officials to know where the truth is."
In such cases, the Legislature best acts by waiting, he said.
E-mail: jthalman@desnews.com; bbjr@desnews.com; jdobner@desnews.com