Mother says DCFS goofed

A child neglect case that has become infamous among Utah child welfare workers, in the Attorney General's Office and even the governor's office has become the latest rallying cry for parents' rights.

Elizabeth Bierly, who says two of her children were wrongly and illegally taken away three years ago because of bureaucratic bungling and malice in the state's two main child protection agencies, is another example of Utah's child welfare system being a bully, say parent advocates who have scheduled a Capitol steps rally today at noon to raise public awareness of the case.

Bierly accuses the state of violating her constitutional rights and breaking a host of laws. She has filed a lawsuit in U.S. District Court seeking custody of her two children and $5 million in damages.

Bierly has had her parental rights terminated, although she is appealing, and her children have been placed separately. Her son, who was removed on an allegation of medical neglect, has been placed in six foster homes. A second adoption for him failed last week. Her daughter, who state records describe as healthy and behaving like a normal toddler when taken five days after her brother, is placed with an adoptive family.

Internal memos and records in the state Division of Child and Family Services show that while supervisors believe there initially was justification to remove her diabetic son, now 10, for medical neglect, taking her daughter, now 5, was a mistake and was done without a recommendation by DCFS to do so.

DCFS records show Bierly, who hasn't seen her children for 18 months, was outspoken but not a bad mom, noting that she has been generally cooperative and ultimately followed the requirements the agency imposed to have her children returned.

Two DCFS supervisors told internal investigators in the case that they believe Bierly's children should not have been taken and that she should have received in-home child welfare services first. But they say things have progressed so far now in the case, no one can really undo it.

The Attorney General's Office and the guardian ad litem, which oversees the legal rights of children who are in state custody, have maintained Bierly has an authority problem and was essentially failing to adjust to parenthood. They say she has been evasive, uncooperative and generally defiant to abiding by conditions imposed by the court.

Bierly said the allegations are patently false.