A West Valley grandmother has filed a federal suit against the Utah Division of Child and Family Services, saying caseworkers intentionally kept her from consideration of taking custody of her grandchild.

In a suit filed in U.S. District Court Tuesday, V. Maurine Harward says DCFS officials failed to adequately train caseworkers regarding taking relatives of children into consideration first before sending them to live with foster families.

According to the suit, a child listed as "B.G." was taken from its mother's custody by court order at 18 months old by DCFS caseworkers. At the time, Harward says, the child was sheltered at her home with the consent of DCFS.

Sometime after April 2006, caseworkers removed "B.G." from Harward's home. Although she wanted to obtain kinship placement of her grandchild, she alleges DCFS caseworkers failed to notify the juvenile court. It wasn't until May 5, 2007, that the juvenile court was notified of the grandmother's desire, when she had an attorney enter an appearance on her behalf.

Until that time, Harward said she was told by caseworkers she was being considered for placement, even though the juvenile court was never told about her interest.

DCFS then further delayed placement by requiring that Harward pass a criminal background check, she said. Harward says she has an "unblemished" record.

By this time, DCFS workers said "B.G." already had developed a "secure attachment" with foster parents and said removing the child might present a risk.

Harward indicates she is seeking legal action because there is a chance her grandchild will be adopted.

DCFS spokeswoman Elizabeth Sollis said new federal requirements dictate that criminal background checks must be conducted on any noncustodial person seeking custody of a child.

As for allegations outlined in the suit, Sollis said DCFS cannot comment on pending litigation.

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