UTAH DIVISION OF CHILD AND FAMILY SERVICES

Published During the Vernal Equinox by Rich King

In 1993, the National Center for Youth Law (NCYL) filed a class action suit against Utah on behalf of a class of plaintiffs, including children who were, or who would be in the custody of DHS [Department of Human Services] and who had been or would be placed by DHS in a shelter care facility, foster family home, group home, or institutional care. David C. vs. Levitt. The Plaintiff class also included children who were or would be reported to defendants as the victims of abuse or neglect and who, as a consequence of that report, are entitled to specific protective measures.

On May 24, 1994, the State of Utah and NCYL submitted to the court a complex Settlement Agreement, which requires Utah to comply with numerous standards and procedures, including deadlines for investigating reports of abuse or neglect of children, requirements for screening of abuse or neglect reports, requirements for the content of investigations, requirements for physical and mental health care, requirements for interviews of alleged victims and contents of such interviews.

The Settlement Agreement makes provisions for family services such as protective custody, reunification, peer parenting, and homemaking services. Utah’s Division of Child and Family Services is Utah’s administrative agency in charge of administering Utah’s program as implemented under the Settlement Agreement. DCFS conducts investigations of allegations of child abuse or neglect, and files protective services cases, protective custody cases, and parental termination cases against parents in Utah’s juvenile courts.

Thus, DCFS purports to investigate and prosecute abuse and neglect of children. Although there are some children who are abused, DCFS prosecutes law suits against ordinary parents who have not abused their children. DCFS case workers and investigators encourage citizens not to retain attorneys, telling parents that they don't need an attorney and that most people don't retain attorneys when dealing with DCFS.

DCFS then refers its cases to law enforcement for prosecution as criminal cases after they have obtained your cooperation, using your statements against you in criminal proceedings. Also, the State of Utah attempts to use records of confidential sealed Juvenile Court DCFS proceedings against you in criminal cases.

A parent that has been targeted by DCFS will have little doubt that DCFS is an extraordinary abuse of government power. Whether you have been contacted by DCFS, or DCFS has filed a case against you in Juvenile Court as a parent, you should immediately retain an attorney to represent you.

If you are contacted by DCFS or CPS for any reason, whether you are a parent or not, you should decline to speak to the case worker or investigator until you have an attorney present, and you should retain an experienced attorney without delay.