Defending DCFS Findings Against an Individual in Utah
Defending DCFS Findings Against an Individual
Being the subject of a Child Protective Services (CPS) investigation for abuse or neglect of a child — often referred to as a DCFS investigation (Division of Child and Family Services) — is a frightening and stressful experience.
As a family law attorney, I have successfully defended multiple individuals who find themselves the subject of a DCFS investigation. Should you find yourself the subject of such an investigation, it is important to hire a competent attorney promptly to represent you.
The State’s Compelling Interest
The State of Utah has a compelling interest to protect its vulnerable citizens, particularly children. To that end, the legislature has granted DCFS broad investigatory powers.
As a result, DCFS generally casts a “wide net” to catch those guilty of abuse. In the process, DCFS also implicates and investigates individuals who are innocent of child abuse or neglect.
Why DCFS Findings Are Sometimes Wrong
In my experience as a practicing family law attorney, when DCFS investigators and case managers are unsure if abuse actually occurred — or who perpetrated the abuse — the investigator will err on the side of caution and make findings of abuse or neglect against the accused individual.
Through no fault of their own, DCFS case managers and investigators in Utah are extremely overloaded with cases. This makes it difficult for them to attend to detail, even in high-stakes cases such as child abuse.
If the DCFS investigator or case manager knows that the subject of the investigation has legal representation, they are more likely to make sure they have solid evidence of abuse before making findings against the alleged perpetrator.
The Importance of Early Legal Representation
If a person suspected of child abuse retains legal counsel early in the case — particularly during the investigatory stage — it is possible that DCFS will drop the case altogether for lack of evidence.
This is a huge win, since DCFS has the power to investigate an individual or family and then make negative findings of abuse or neglect without a trial or even a hearing.
Challenging DCFS Findings
Although public policy mandates that Utah’s children be diligently protected from abuse, the current system compels the accused individual to shoulder the burden of challenging unfounded findings at the administrative level.
If that person cannot get the findings removed at an administrative hearing, they may elevate the case for a review from Juvenile Court. If the individual does not prevail at this level, they may appeal an adverse decision to the state appellate level.
This process can easily take a year or more and is arduous and expensive. This is one more reason to hire an attorney who will work diligently to block the findings in the first place.
The Burden of Proof Is on the Accused
The current civil procedure can seem unfair and may leave the accused individual feeling like the concept of “innocent until proven guilty”, rooted in the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution, has been flipped around.
Under the statutory powers DCFS currently holds, the department is permitted to issue findings against an individual — which is akin to issuing a guilty verdict for abuse or neglect.
This means the accused must prove their innocence to have the findings removed from their record, rather than the State proving guilt.
DCFS is even permitted to issue these findings before the accused individual has their “day in court.”
Heightened Scrutiny in Utah
Sadly, Utah has recently seen a string of high-profile cases involving severe child abuse against children who were not sufficiently on Utah’s CPS radar.
These tragic cases have motivated Juvenile Court judges, Assistant Attorneys General, Guardians ad Litem, and state DCFS workers to be on heightened alert to even the slightest possibility of child abuse or neglect.
Given the current legal environment, it is more important than ever to retain competent legal representation.
Why Even “Non-Severe” Findings Matter
If you are being investigated by DCFS — or DCFS has made findings against you, even “non-severe” ones — the stakes are high.
A DCFS representative may attempt to convince you otherwise by saying:
The record of the findings is not available to the general public
The findings of abuse or neglect can be expunged after a period of time
Even non-severe findings can have serious legal, professional, and social repercussions.
Entities that have access to these findings include those involved with:
Employment in child care or education
Adoption or foster applications
Immigration status reviews
Child custody proceedings
My Experience Defending DCFS Cases
I have successfully represented individuals who are under investigation or have findings against them for abuse or neglect. My clients have included:
Health care professionals
Adoptive parents
Business managers
Educators
Single parents
Contact Me for a Free Consultation
If you wish to know more regarding the process and fees for me to represent you in a DCFS case, call me at (801) 373-6345.
I offer a brief, free legal consultation to discuss your case.
About Attorney Wendy Vawdrey 
Wendy Vawdrey is an associate attorney at Howard Lewis & Petersen, P.C., joining the firm in 2022. She focuses primarily on family law, including divorce and child custody matters, and brings a compassionate yet strategic approach to helping her clients navigate difficult legal challenges.
Before joining the firm, Wendy served as a pro-bono attorney supporting victims of domestic violence while also teaching university courses in her undergraduate field.
Wendy earned her B.S. in Plant Sciences from Brigham Young University and her Juris Doctor from the University of Utah S.J. Quinney School of Law. During law school, she earned several honors, including:
Barbara S. Dickey YAA Scholarship
Best Overall Brief in Moot Court
Distinguished Pro Bono Award from the Utah State Bar
Outstanding Achievement Award in Lawyering Skills
She also served as Student Chair of the J. Reuben Clark Law Society.
Commitment to Access to Justice
Wendy is deeply committed to improving access to justice for Utah’s underserved populations. She contributed over 200 hours through the S.J. Quinney School of Law’s Pro Bono Initiative, working with:
Rainbow Law at the Utah Pride Center
The American Indian Legal Clinic
Immigration, expungement, and family law clinics
Military veterans’ legal clinics
As both a foster parent and a proctor parent trainer within Utah’s foster care system, Wendy has worked extensively with case managers and guardians ad litem. Currently, she and her husband volunteer for My Hometown Initiative, providing legal referrals for Utah’s refugee and immigrant populations.
Beyond the Courtroom
In addition to her legal practice, Wendy continues to teach as an adjunct professor for the College of Life Sciences at Brigham Young University. Her unique combination of legal expertise, teaching experience, and hands-on work with Utah families gives her a well-rounded perspective in every case she handles.
