Today, Sen. Luz Escamilla presented S.B. 124, known as “The Gavin Peterson Bill,” before the House Judiciary committee. The legislation is named in honor of Gavin Peterson, a 12-year-old boy from West Haven whose death exposed a critical gap in Utah’s child welfare system.
Gavin interacted with the Division of Child and Family Services (DCFS) between 2013 and 2024. Over the years, there were reports of abuse, concerns raised, and clear red flags. Yet for the final year of his life, DCFS was unable to physically see him. On July 9, 2024, Gavin was taken to the emergency room. His body had shut down. He was severely malnourished. His organs were failing. He had bruises consistent with physical abuse. He died from sepsis due to pneumonia, dehydration, and infection. He was found wearing a saturated diaper at 12 years old.
“Even with years of reports of abuse, there was no legal tool for DCFS to access and lay eyes on Gavin during the final year of his life,” the bill sponsor said during committee. “This is not just a loophole. This is a failure of the state. We failed Gavin.”
The same systemic gap was publicly described by Kevin Franke, former husband of convicted child abuser Ruby Franke, in testimony before the Child Welfare Legislative Oversight Committee on July 9, 2024 — the same day Gavin died. Franke outlined how isolation, ignoring calls from caseworkers, and refusing to answer the door were enough under current law to prevent intervention, even amid credible reports of harm from friends, neighbors, and family.
Under existing statute, DCFS can be left without a clear legal mechanism to physically access a child when entry is denied, even when credible threats of serious harm exist, and removal is not yet justified. Social workers have expressed that this all-or-nothing structure can escalate situations unnecessarily and contribute to avoidable removals.
SB 124 closes that gap by creating a narrowly tailored investigative warrant process. The bill allows a court, not DCFS alone, to authorize limited access to a child when:
- There is credible, evidence-based concern of serious harm
- Access to the child has been denied
- Removal is not yet warranted
The warrant requires judicial review and probable cause and is specific and time-limited. It is not a removal tool and does not expand automatic state authority. Instead, it ensures that when credible threats exist, a caseworker and officer can physically verify a child’s safety.
In committee, S.B. 124 was supported by the Governor’s Office of Family and Children, Utah PTA, Victim Services Division, Utah Association for Marriage and Family Therapy, National Association of Social Workers, Voices for Utah Children, and survivors of child abuse.
“This bill does not erode parental rights,” the sponsor stated. “It protects family integrity while ensuring isolation cannot be used as a shield for abuse. It simply allows safe eyes on children when credible harm is reported. We cannot bring Gavin back, and we cannot erase the years of abuse the Franke children suffered. But we can make sure the law never again allows a child to disappear behind a closed door simply because no one answers it.”
SB 124 now moves forward in the legislative process. Senator Escamilla urges the community to contact their representatives and hopes that her colleagues in the House will pass this legislation to ensure Utah’s most vulnerable children are protected.
