Utah probes DCFS case

In an unprecedented review, the legislative auditor general is probing the removal of a Midvale woman's children by state welfare officials.

Typically, legislative auditors conduct "performance" audits of state agencies and corresponding programs, detailing efficiencies and making recommendations on how improvements can be made.

But in the case of Lisa Bierly, whose parental rights were terminated after her two children were taken by the state nearly four years ago, top legislative leaders want to see what happened in that particular instance.

The Bierly case has become a cause celebre of agency action that even DCFS officials concede went awry. Internal records document that officials agree Bierly's daughter, now 5, was wrongly removed and without their recommendation.

Those mistakes, coupled with Bierly's determination to have her children returned to her, prompted House Speaker Marty Stephens, R-Farr West, to request a probe of the case.

"I have probably received over 100 e-mails from people weighing in on this issue claiming the family was treated unfairly," Stephens said.

He believes it is a good idea for auditors to re-examine the actions taken and determine what happened and why. "This is a good example to see if the system is working well or not."

State child welfare administrators say they have no problem with the audit request.

"We are always open to having people come in and look at these things," said state Division of Child and Family Services director Richard Anderson. "If it shows there is a problem with an individual case or there is a systemic issue, we would like to know about it."

The review is something Bierly has wanted for more than a year and something family rights advocates said should happen more frequently.

"We have been asking the lawmakers to do this for some time," said Bonnie Macri, with Justice, Economic Dignity and Independence for Women (JEDI Women). "And they've finally decided to do this. It not only needs to be done in her case, but in many, many cases."

Bierly said her nightmare with state officials began in the daylight of a fall afternoon, when Bierly's severely diabetic son was taken by the state while at a playground with friends.