Utah advocates oppose HB 83 expanding DCFS powers after wrongful child custody cases

On April 24, 2025, a meeting of the Davis County Conservatives in Utah focused on the implications of House Bill 83 (HB 83), which proposes significant changes to the state's child welfare system. The discussions highlighted concerns regarding the balance between child protection and parental rights, particularly in the context of the Department of Child and Family Services (DCFS).

A key speaker at the meeting expressed strong opposition to HB 83, arguing that it shifts the burden of proof onto parents, effectively presuming guilt rather than innocence. This perspective was illustrated through an analogy comparing the situation to being accused of theft at a store, where individuals would struggle to prove their innocence over a long period. The speaker emphasized that under the current system, DCFS can write affidavits to secure warrants for search and seizure without sufficient oversight, raising alarms about potential abuses of power.

The speaker also criticized the juvenile court system, describing it as biased in favor of DCFS, where parents face a lower standard of evidence during shelter hearings. This, they argued, undermines the constitutional rights of parents and can lead to unjust outcomes, including the removal of children from their homes based on speculative claims rather than concrete evidence.

The discussion also touched on the tragic case of Gavin Peterson, a child who died after multiple reports of neglect were inadequately addressed by DCFS. This incident was cited as a catalyst for the proposed bill, which aims to grant DCFS more authority to intervene in suspected cases of child abuse. However, critics argue that the bill could lead to overreach and further erosion of parental rights.

In addition to HB 83, the meeting encouraged attendees to stay informed about other legislative measures, including HB 33, which may also impact family rights and child welfare.

The meeting underscored a growing concern among community members about the potential consequences of legislative changes on family dynamics and the rights of parents. As discussions continue, the implications of these bills will likely remain a focal point for advocates of parental rights and child welfare reform in Utah.