C.G. v. State, Division of Child & Family Services
C.G. v. State, Division of Child & Family Services
Opinion of the Court
MEMORANDUM DECISION
T1 C.G. appeals a juvenile court order dismissing his Amended Petition Against Substantiation in DCFS Licensing Database. This case is before the court on a sua sponte motion for summary disposition.
12 In 2006, the Division of Child and Family Services (DCFS) received a report of child abuse, neglect, or dependency regarding C.G.'s children. The report required DCFS to conduct an investigation and make a finding. After the investigation, DCFS made a "supported" finding of non-supervision. In the same investigation, DCFS made an "unsupported" finding on an allegation of domestic violence related child abuse. DCFS advised C.G. of his statutory right to challenge the "supported" finding by returning a request for an administrative hearing within thirty days. C.G. initiated the request. DCFS then conducted an internal review and advised C.G. in October 2006 that it had amended the non-supervision finding to be "unsupported" and removed his name from its licensing database. However, C.G. asserted that he had a right to a hearing on . his claim that DCFS should change both of the "unsupported" findings to be "without merit."
13 On May 29, 2007, an Administrative Law Judge (ALJ) concluded that there was no legal basis to consider a challenge to an "unsupported" finding. C.G. sought judicial review in the juvenile court. The juvenile court ruled:
Utah Code §$ 62A-4a-1009 spells out the process for an individual to challenge a "supported" finding made by the Division. Section 62A-4a-1009 only gives individuals an opportunity to challenge "supported" findings. Section 62A-4a-1009 does not give individuals the ability to challenge "unsupported" findings. Therefore, [C.G.] has no legal basis to challenge the Division's "unsupported" finding.
T 4 When DCFS conducts an investigation based upon a referral, the results will be reported as "supported," "unsupported," or
15 The ALJ concluded that the agency lacked jurisdiction to consider whether a finding should be changed from unsupported to without merit. Similarly, the juvenile court correctly determined that Utah Code section 62A-4a-1009(5)(b) did not authorize the court to consider a challenge to an unsupported finding. See id. § 62¥A-4a-1009(5)(b); id. § 63-46b-1(8) (2004) ("Nothing in this chapter may be interpreted to provide an independent basis for jurisdiction to review final agency action."). We affirm the dismissal by the juvenile court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.