Intervening in a DCFS Child Welfare Case

1. Sometimes a relative or friend seeks to intervene in a DCFS child welfare case. This post will explain some of the rules and process for doing so.

2. Under Utah law, when DCFS removes a child from the home, DCFS must seek to place the child with a friend or relative. If the child is of sufficient maturity, DCFS may seek the child's input on who he or she would prefer to reside. If no relative or friend is readily available, then DCFS will likely place the child in a foster home while the child's parents prepare to regain physical custody.

3. Utah law provides that if certain requirements are met, DCFS "and the juvenile court shall give preferential consideration to a relative's or a friend's request for placement of the child, if the placement is in the best interest of the child." U.C.A. 80-3-302(7). A relative or friend should notify DCFS in writing that they wish the child to be placed with them.

4. There are some important deadline to be met: The preferential consideration for a friend expires 120 days after the shelter hearing, and the preferential consideration for a relative expires eight months after the shelter hearing. Remember, 120 days for a friend and eight months for a relative.

5. The law also provides the following order of preference for placement:

(a) A noncustodial parent of the child.

(b) A relative of the child.

(c) A friend if the friend is a licensed foster parent.

(d) Other placements allowed by law.

6. Most friends are not licensed foster parents, so the law allows a parent (or older child) to designate a friend who is willing to become licensed as a foster parent. In this case, DCFS "shall fully cooperate to expedite the licensing process for the friend." U.C.A. 80-3-302(7)(e).

7. So, what's the process? NOTE: This is not customized legal advice and is only general information.

   (a) Notify DCFS in writing of your relationship with the child and your desire for DCFS to place the child with you--even if you live in another state.

   (b) Consider contacting an attorney and consider getting a home study, which will include interviews, home inspection, background checks, reference checks. The statute does not require a home study but having one can help show that living with you is in the best interest of the child--i.e., the child will be safe with you.

   (c) Your attorney may file a Motion to Intervene. Rule 13A of the Rules of Juvenile Procedure provides, "On timely motion, the court will permit a relative or friend to intervene in a child welfare matter for the limited purpose of being considered for a child placement under 80-3-302(6)." This does not make you a party to the child welfare case, but it will increase your chances of receiving the child.

   (d) Remember that the goal of juvenile law and our society is for parents to raise their own children in a safe and healthy environment, even though they may not be "model parents." So, be mentally prepared and willing to work with DCFS and the birth parents to facilitate visits and--hopefully--return the child to the parents' custody. Down the road, if the parents' rights are terminated, you will be in a good position to adopt the child.

We trust this information is helpful. Feel free to contact us with your questions. Best wishes to you from the Utah Adoption Law Center.