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Win for Utah Families

An innocuous looking Senate bill, SB-99-Child Welfare Amendments, contained hidden language. The Department of Child and Family Services (DCFS) and Utah Attorney General’s Office added five lines to SB-99.

This language allowed the current practice of “withholding information from a petitioning parent to protect the privacy interest of the other parent or any caregiver who may also be a subject of their child’s records.”

Attorney Jane Tippets

Thanks to Jane’s eagle eyed husband Crossroads Urban Center advocate/associate director advocate, noticing the bill’s changes to the DCFS GRAMA statute. Attorney Greg Ferbrache wrote a letter testifying against the language in SB-99. After significant controversy, SB-99 was sent to the Utah House. It took three substitution and amendment, removing the problematic language.

The pro transparency/pro family bill version of SB-99 passed the House unanimously and unopposed! An impressive feat. This is a victory for the survivors of domestic abuse. Greg was proud to submit his testimony to the Stop of Fix SB-99 movement, resulting in DCFS having accountability to parents, especially low income parents so heavily impacted by these provisions.

Ferbrache Law is proud to serve it’s clients working to lobby for responsible laws and public policy. Helping Utah families, parents and individuals is a rewarding pursuit for Greg. A special thanks to the volunteers of the Conference Committee who worked very hard to get SB-99 fixed:

Sponsor Senator Harper wharper@le.utah.gov 801-566-5466

Senator Todd Weiler  tweiler@le.utah.gov 801-599-9823

Senator Luz Escamilla  lescamilla@le.utah.gov

Representative Paul Ray pray@le.utah.gov 801-550-6434

Representative Ashlee Matthews amatthews@le.utah.gov 801-725-2719

Representative Casey Snider cnider@le.utah.gov 435-890-3383

Feel free to call them and thank them for their work on this. It made a difference. If you’d like to know more about SB-99 Check out these useful documents:

SB 99 Concerns Fact Sheet Legal AnalysisDownload
SB 99 Concerns SummaryDownload
The word “Only” in SB 99Download
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Sentence Reduction In High Profile Oxycodone Case

After successful plea bargain negotiations Adam Patrick Hemmelgarn, 38 of Hooper was sentenced to 128 months of prison followed by three years’ probation. Prosecutors agreed to drop three other charges. Mr. Hemmelgarn will pay $15,100 in funeral expenses for the man who died after ingesting fentanyl-laced fake Oxycodone sold by Mr. Hemmelgarn.

The national media widely reported this and a related oxycodone case after the death of Jaydon Rogers on March 14, 2018. A Weber County Sheriff found Rogers unresponsive in his West Haven home on March 12, 2018, noticing a pill on the floor leading to an overdose investigation. Over the next few months Weber County Detectives and federal agents traced the fentanyl laced pills back to Mr. Hemmelgarn.

Rogers had been a wrestling coach at Freemont High School after college. He was a state wrestling champion in 2014 and won All-American honors at junior college.

Greg Ferbrache with co-council negotiated a plea deal for Mr. Hemmelgarn. Cases with intense media scrutiny, like this case can create pressure on prosecutors to seek harsh sentences. Opioid addiction and overdose is a national epidemic, garnering greater attention to individuals prosecuted for opioid offenses.
If you or someone you know is struggling with drug addiction please call: 801-583-2500. The University of Utah offers a program for drug addiction treatment. 

Greg Ferbrache is an experienced defense attorney and former prosecutor. Call him: (801) 440-7476 to ensure your right’s are protected. 

To find out more about this case: “Utah man who sold fake oxycodone that led to a death headed to prison” Desert News article published 9/19/2019

“Utah man who sold fake oxycodone that led to a death headed to prison” KSL.com published 9/19/2019

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