Protecting Utah’s Children: Legal Guidance Through Foster Care & Child Welfare Challenges

There’s no such thing as a “typical” family. Every home has its own heartbeat, its own rhythm. And sometimes, through no fault of their own, families in Utah find themselves swept into the child welfare system—confused, scared, and unsure of what tomorrow will bring.

Whether you’re a foster parent, a biological parent working to reunite with your child, or a relative stepping up in a time of crisis, one thing is certain: you shouldn’t have to navigate this system alone.

At Brown Family Law, we understand how deeply these moments impact your life. We’ve stood beside parents who just needed someone to believe in them. We’ve guided grandparents who opened their homes unexpectedly. And we’ve supported foster families trying to do the right thing for a child in their care.

The Stakes Are High

In Utah, when the Division of Child and Family Services (DCFS) gets involved, it’s almost always because someone is worried about a child’s safety or well-being. These cases often begin with a report—sometimes from a neighbor, a school, or even a family member—and lead to an investigation that can unfold quickly.

What many people don’t realize is how fast decisions are made in these cases. Within 24 to 72 hours of a removal, there’s usually a shelter hearing, where a judge determines whether the child should remain in state custody or return home. In many cases, families are scrambling for answers and legal representation while already in the thick of it.

That’s where we come in.

We make sure you understand what’s happening, what your options are, and what steps you can take right now—not weeks from now—to protect your family.

Understanding the Legal Process

Child welfare cases in Utah follow a structured legal process, but to families involved, it often feels like trying to read a map in a foreign language. Here’s a simplified breakdown:

  1. DCFS Investigation – This is the fact-gathering phase. Investigators assess the child’s safety, talk to family members, and look for signs of abuse or neglect.
  2. Shelter Hearing – A quick decision is made about temporary placement.
  3. Pretrial and Adjudication – The court reviews DCFS’s findings and determines whether there’s enough evidence to continue the case.
  4. Disposition Hearing – If the court agrees the child is at risk, it will order a permanency plan (e.g., reunification, adoption, guardianship).
  5. Review Hearings – These occur regularly to assess progress.
  6. Permanency Hearing – After 12 months (or sooner in some cases), the court decides on a permanent solution.

If you’re new to this process, it’s natural to feel overwhelmed. This is why having someone by your side—someone who speaks the court’s language and can translate it into human terms—is critical.

We’re here to make the complex clear and to make sure your voice is heard every step of the way.

For Parents Seeking Reunification

We’ve represented many parents who’ve lost custody—not because they don’t love their children, but because life got hard. Addiction, financial instability, mental health struggles… these things happen, and when they do, it doesn’t mean you’re a bad parent. It just means you need help, and maybe a second chance.

The court system gives that chance through a reunification plan, which outlines specific goals for regaining custody—like parenting classes, counseling, or maintaining steady employment.

But the path isn’t always smooth. Many parents feel like the system is stacked against them. That’s why we fight to make sure your progress is recognized, and your rights are protected.

We’ve seen parents turn their lives around—step by step—and we’ve helped them reunite with their children. It’s not easy, but it’s possible. And we’re proud to walk that road with you.

Need a place to start? Visit our Divorce FAQ section for answers to common questions that overlap with child custody and reunification.

For Foster Families and Kinship Caregivers

Foster parents and kinship caregivers are the unsung heroes of the child welfare system. You say “yes” when a child needs a safe place—often with little notice, and sometimes with even less information.

We’ve helped foster families who’ve developed strong bonds with a child and want to provide a permanent home. We’ve also helped grandparents, aunts, uncles, and older siblings pursue guardianship or adoption to keep a child within the family.

Kinship care, in particular, can be emotionally complex. You’re trying to balance family loyalty, legal obligations, and the needs of the child—all while figuring out how to navigate DCFS and court proceedings.

Our goal is to give you clear, straightforward divorce advice so you can make decisions with confidence. If you’re thinking about long-term custody or adoption, you may want to read more about our work in child custody and child support.

Why This Work Matters

In 2023, Utah’s foster care system served over 3,600 children, with family reunification being the outcome in more than 60% of cases. That means thousands of parents worked hard to get their kids back—and succeeded.

But for every successful reunification, there are families who never had the support or advocacy they needed. We believe legal representation can change that. When families know their rights and have a plan, outcomes improve. Children stay connected to loved ones. Healing becomes possible.

Our passion is helping families write better endings to difficult stories.

You Deserve a Guide You Can Trust

Every child welfare case is unique. No two situations are alike. That’s why we don’t believe in cookie-cutter solutions.

At Brown Family Law, we take time to understand your family dynamics, your challenges, and your goals. Then we craft a legal strategy that fits you—not just what’s convenient for the court.

This applies whether you’re navigating a divorce in Utah, dealing with property division, or facing child custody complications due to a DCFS case. Everything is connected, and our job is to help you manage it all with clarity.

We’re not just legal professionals. We’re advocates, guides, and—when needed—fighters.

Let’s Talk

If you’re facing a foster care or child welfare case in Utah, don’t wait to get the help you need. Early legal guidance can make all the difference in how your case unfolds.

Even if you’re just looking for answers or don’t know where to start, we’re here to listen. We’ve been down this road with others, and we know how to walk it with you.

Schedule a divorce consultation or give us a call at (801) 685-9999. We’ll sit down, talk through your situation, and help you build a plan. Because every child deserves a safe, loving home—and every family deserves to be heard.

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Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
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