The failure of a recent child welfare bill in Utah has cast a harsh national spotlight on the legal loopholes that allow suspected child abusers to easily evade law enforcement and child protective services.

Now, a video from a Washington State courtroom reveals a sitting judge actively encouraging parents to exploit those exact same loopholes.

In Utah, Russell and Eve Franke—survivors of severe abuse at the hands of Ruby Franke, and Jodi Hildebrandt—recently pleaded with lawmakers to reconsider “Gavin’s Bill.”

The legislation, named after a 12-year-old boy who died from starvation and abuse, was designed to give the Division of Child and Family Services and law enforcement additional authority when parents repeatedly ignore phone calls and door knocks during child welfare investigations.

The children’s father, Kevin Franke, highlighted the fatal flaw in the current system: authorities can knock on a door, but “the parents have no obligation to answer.”

If a parent refuses to cooperate, the case is often simply closed, leaving the children trapped with their abusers.

While advocates in Utah fight to close this deadly loophole, a video from the Clallam County Superior Court shows Judge Brent Basden actively advising a parent on how to use it.

“Law Enforcement Deepens the Problem”

In a trial regarding a family law case, Judge Basden was informed of a looming CPS interview prompted by a 911 call from a doctor’s office, which raised concerns about the children having “no food, no heat, no water.”

Instead of facilitating the investigation into the alleged neglect, Judge Basden actively discouraged cooperation from the bench.

“CPS’s desire to do an interview doesn’t require you to do an interview,” Basden stated from the bench.

He went on to assert that “whenever law enforcement gets involved for any reason, it necessarily involves the children again, and um, and that I think deepens the problem.”

While Basden phrased his directive to shut down the inquiry as being in “both of your interests,” the reality of the courtroom dynamic was starkly one-sided. Only one parent was actually facing the CPS allegations stemming from the doctor’s 911 call, who also happened to be a member of the LDS Port Angeles Stake, where Judge Basden served as Stake President.

When discussing the potential findings of a CPS or law enforcement investigation, the judge added, “I don’t think that they’re going to generate anything that’s helpful…”

You can watch the full video of the exchange below:

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