SALT LAKE CITY (KUTV) — Two daughters of convicted child abuser Ruby Franke are urging Utah lawmakers to pass a child welfare bill that failed in the Utah House on Wednesday, saying it could help protect children from abuse.
Senate Bill 124, known as the “Gavin Peterson Bill,” would have allowed the Utah Division of Child and Family Services to seek a court warrant to physically see a child when there are serious safety concerns. Supporters, including DCFS and the governor’s office, said the measure would close critical gaps in the state’s child welfare system.
The bill passed the Senate but was voted down on the House floor.
The proposal is named after Gavin Peterson, a Utah boy who died in a severe child abuse case. Sponsor Sen. Luz Escamilla said there were warning signs in Peterson’s case, but investigators did not physically see the child for nearly a year.
Escamilla said the bill would not authorize the immediate removal of children from their homes. Instead, it would allow investigators to confirm a child’s safety. Any removal would still require a separate warrant and judicial process.
“There was a DCFS audit that just came out a couple of weeks ago also, addressing how hard it is for some of our DCFS workers to just have eyes on children,” Escamilla said. “We just want to see that they’re okay. There is no removal mechanism. They will have to go through another warrant process and judicial process for removal.”
Escamilla and other supporters acknowledged the proposal would likely face opposition from those concerned about government overreach and parental rights.
Eve Franke said in a statement to 2News, “As you may know my name is Eve, I’m doing this again, because the people making laws are being stupidagain.”
“Kids are dying and being traumatized left and right because, well I don’t know why, and that’s the problem, I see no reason with real logic behind it as to why this law shouldn’t be in place,” she said.
“I remember that for months police officers and DCFS knocked on our door, but they were never able to come in,” she said. “If they had I would’ve been saved from starvation, isolation, and just child abuse in general.”
“The only reason I survived at all was because my brother was brave enough to take a risk, but clearly the government doesn’t have the bravery of a twelve year old child, they can’t even take a risk to protect people,” she said.
Eve Franke added, “Ya, I probably would’ve died, but I was lucky, but not everyone is lucky, so many kids aren’t lucky, but with this law they at least have a chance.”
She also said, “Also, again, this was my idea, I actually support this law, and I was not told to say any of this, please I cannot handle another case so pass this law.”
Shari Franke said in a statement to 2News, “I am deeply disappointed in my state legislature for failing to recognize the protection this bill could bring to children across Utah.”
“This bill was prepared by members of both parties, and child abuse does not discriminate along party lines,” she said. “Yet every person that voted against it was Republican, and those who abstained are also Republican. Abstaining is still complicity.”
“I understand Utahns worry about the government overstepping. Some have said there’s enough laws already that need to be enforced better. Those laws failed Gavin Peterson. Those laws failed my siblings,” she said.
“I called the police a year before my mother’s arrest. I called DCFS. The police did all the right things, DCFS did the right things. But because I had no physical evidence, despite knowledge of Jodi and Ruby’s personalities and pasts, my siblings could not be saved before permanent damage had been done,” she said.
“Gavin was failed by the state, by no fault of DCFS. His guardians exploited loopholes that allowed them to dodge authorities,” she said.
“Why must we wait until children die until we call attention to abuse? The majority of other states allow for investigative warrants, and it’s time Utah stepped up,” she said.
Lawmakers have not indicated whether the measure will be reconsidered.
Kevin Franke released the following statement:
“I was tremendously disappointed with the Utah House of Representatives today. I watched the discussion of the bill prior to the vote and I was shocked to hear that so much of what was being said about the bill was simply untrue and speculative at best. It caused me to question of those dissenting had even read the actual revised bill. If I had to choose between the bruised egos of parents who are worried about misinformed government overreach and an actual child who is isolated and suffering, I will choose the child 10 times out of 10. Our lawmakers got it wrong today. Fortunately, there is still time to make it right. I implore everyone to contact your representative and make your voice heard on this issue. We need this bill to pass!”
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