Having your children taken away by the State of Utah is terrible. The Utah Division of Child and Family Services (“DCFS”) is tasked with preventing child abuse, child neglect and child sex abuse. If you are suspected of abusing your children, DCFS will take your children and then give you around twelve months to fix the problems. You have legal rights and opportunities for a shelter hearing and an eventual opportunity for a full trial in front of the Juvenile Court Judge. Having a Utah Juvenile trial attorney who knows his ways around the courthouse will help you get your kids back. If your kids have been taken by the State of Utah, here is the timeline you can expect in a Utah child welfare case: Child Protective Services Worker Interviews your Child. When the State of Utah and DCFS alleges that your children are being abused, as defined under the Utah Juvenile Act, they will often interview your children at school, without your knowledge. The DCFS child protection worker may come to your home and ask for an interview with you, calling it a “Welfare” home check. The DCFS worker may call you on the telephone and record the telephone call without your knowledge. Law enforcement may also be involved in more serious cases that rise to the level of criminal child abuse charges. Anytime a police officer is talking to you, expect that they will have body camera footage. If you are interviewed at the police station, you will be recorded and there are also one way mirrors. If you are called by the police, expect that they also will be recording the conversation.
5th Amendment—Assert it!
When dealing with the police or DCFS workers, you generally should not speak with them until you talk to an attorney about your legal rights. The United States Constitution and the Utah Constitution both have the right to remain silent and the right against self-incrimination. You should use these legal rights rather than talking to the police or the DCFS worker. As a general rule, you will not do yourself any good by speaking with the police or DCFS. They are trained investigators and work on these cases daily. Petition for Protective Services: DCFS or any interested person may file a petition with the Juvenile Court alleging that your children are being abused, neglected or deprived. The petition must be verified and state the facts and legal grounds for the relief sought.
