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Kevin Franke, others share concern over Utah's protection of children

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SALT LAKE CITY — Kevin Franke, the estranged husband of Ruby Franke, was one of multiple concerned parents who spoke Thursday in front of Utah's Child Welfare Legislative Oversight panel.

The meeting came on the day the Utah Department of Health and Human Services released its findings on the investigation into the death of 12-year-old Gavin Peterson.

“I wouldn't be advocating for red flag laws if I didn't think they would have made a difference in the case of my own children and family and in the case of Gavin Peterson and his family,” said Franke.

“Every caseworker I've talked to has deeply cared about every situation they're in, and I agree that they are understaffed, underpaid, and they do not have the ability to work within the system to take care of our children,” another parent told the panel.

The Utah Department of Health and Human Services said it had received six reports claiming Peterson was being abused in his home leading up to his death starting in February of 2020.

“This poor boy was eating out of a garbage can, and they took him out of school and hid him out in the home,” said Gavin’s aunt. “Where were we? Why didn't we go back and check on that boy? That's my question, and no one's answered that question, and it breaks my heart.”

DCFS petitioned the juvenile court to address safety issues, with Franke adding that a child’s well-being shouldn’t depend on a judge’s decision.

“Do they really know what's going on?,” he asked. “They are three steps removed from the child, as opposed to individuals like teachers, neighbors, friends, ecclesiastical leaders, who are only one step removed from the child, and those individuals know best when something is wrong.”

The DHHS review of how DCFS handled the investigation happened behind closed doors for hours during the panel meeting.

“I would recommend to the legislature that they bring the public into this discussion,” said Franke. “So much of this discussion is going on behind closed doors, and I think that needs to stop.”

Much of Peterson's alleged abuse happened when the agency didn’t have contact with the boy, according to DCFS director Tonya Myrup

“Gavin's case really represents a kind of a unique and a small subset of child welfare cases,” said Myrup. “These are cases where parents may make active efforts to really try to avoid DCFS involvement, to avoid detection by the community, and hide abuse and neglect that may be happening in the home.”

Myrup added that DCFS is working with legislators to prevent a similar situation as Peteron's from happening to more children in Utah.

“We believe in continuous quality improvement, and will continue to make efforts to improve the system and improve those outcomes for children and families.”