UTAH DCFS FINDINGS

Navigating Utah DCFS Findings After an Investigation

Facing Utah DCFS findings after an investigation can feel overwhelming. When the Utah Division of Child and Family Services (DCFS) comes knocking, you encounter one of three possible outcomes:

1. Protective Measures Without Removal

If DCFS finds that your children do not need removal, they will remain in your custody. However, DCFS may implement protective measures, such as:

• Voluntary Services: You can engage in Protective Services Counseling through a voluntary agreement with DCFS to ensure your children’s safety.
• Court-Ordered Services: If necessary, a child welfare petition may go to a Utah Juvenile Court, allowing your children to stay with you while under supervision.
• Intensive Services: When children are at immediate risk of removal, DCFS may provide intensive services for family preservation.

2. Child Removal

If DCFS determines that removal is necessary, a child protection worker and police will take your children into state custody. This outcome is understandably distressing and can have lasting effects on your family.

3. Supported Findings Without a Child Welfare Case

In some cases, DCFS finds evidence of child abuse without removing the child or opening a full child welfare case. This often occurs when the alleged perpetrator is not a parent or lives outside your home.

Understanding Utah DCFS Findings

After an investigation, the DCFS child protection worker will issue one of the following findings:

1. Supported Finding: This indicates sufficient evidence that abuse, neglect, or dependency occurred.
2. Unsupported Finding: This means the evidence is insufficient to conclude abuse, neglect, or dependency occurred, but it does not dismiss the validity of the allegations.
3. Without Merit: This finding indicates that no abuse, neglect, or dependency took place, or that the alleged perpetrator is not responsible.

Challenging Utah DCFS Supported Findings

If DCFS did not remove your children and no child welfare case opened, you can challenge the findings in the following ways:

• Internal Review: While DCFS may not overturn its own findings, you can request an internal review.
• Judicial Review: You can ask a Utah Juvenile Court to hold a substantiation hearing to contest the DCFS findings. Having an experienced attorney can significantly bolster your case.

What Is a Juvenile Court DCFS Substantiation Hearing?

A DCFS substantiation hearing allows you to contest the findings of child abuse and neglect. Utah’s rules of evidence apply, and live testimony from witnesses occurs. DCFS must provide adequate evidence to prove its findings are valid.

How to Request Your DCFS File

To appeal DCFS findings, submit a Utah GRAMA request to access your entire DCFS file. While you are entitled to see it, expect heavily redacted information.

Expunging Your DCFS Supported Findings — New Law As of 2020

If you lost your appeal, you might still be able to expunge a finding of child abuse or neglect. The 2020 law allows for the removal of certain findings from your record, which is crucial for protecting your reputation and future opportunities.

Utah DCFS Findings Eligible for Expungement and Waiting Periods

• Automatic Expungement After One Year: Findings categorized as “Without Merit” will automatically expunge after one year from the CPS case closure date, provided there are no subsequent allegations against you.
• Automatic Expungement After Five Years: Unsupported or unsubstantiated allegations will automatically expunge after five years if there are no subsequent cases.
• Expungement Upon Request After Five Years: You can request an expungement for specific unsupported findings after five years, provided there are no ongoing cases or criminal convictions for the same incident.
• Expungement Upon Request After Ten Years: You may request an expungement for certain supported findings after ten years, under similar conditions.

Allegations Never Eligible for Expungement

Certain serious allegations are never eligible for expungement, including those categorized as chronic or severe and any findings resulting from criminal convictions.

Utah DCFS Expungement Process

According to Utah DCFS administrative rule R512-76-3 (2021), you can submit a written application to expunge findings. If rejected, you must wait at least one year to reapply. If you meet the eligibility criteria, the findings must be expunged, as DCFS cannot deny your request.

Need Help Navigating Utah DCFS Findings?

For assistance with your DCFS findings, call or text (801) 373-6345 and ask for Jake. Don’t navigate this challenging process alone; seek the help you deserve.