State v. 7th DistJuv (In re M.P.)
Annotate this CaseIN THE UTAH COURT OF APPEALS
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State of Utah, in the interest
of M.P.,
a person under
eighteen years of age.
______________________________
State of Utah, Division of Youth Corrections,
Appellant,
v.
Seventh District Juvenile Court,
Appellee.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20040191-CA
F I L E D
(May 26, 2005)
2005 UT App 237
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Seventh District Juvenile, Price Department, 162659
The Honorable Scott N. Johansen
Attorneys: Mark L. Shurtleff and Susan Eisenman, Salt Lake City, for Appellant
Brent M. Johnson, Salt Lake City, for Appellee
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Before Judges Bench, Davis, and Thorne.
BENCH, Associate Presiding Judge:
The Division of Youth Corrections (the Division)(1) appeals an order of the juvenile court requiring the Division to place M.P. outside the boundaries of the Seventh Judicial District. We dismiss the Division's appeal for lack of standing.
"[T]he question of whether a given individual . . . has standing to request a particular relief is primarily a question of law, although there may be factual findings that bear on the issue. We will review such factual determinations made by a trial court with deference." LeVanger v. Highland Estates Props. Owners' Ass'n., Inc., 2003 UT App 377,¶8, 80 P.3d 569 (first alteration in original) (quotations and citations omitted). The facts of this case are, in all relevant respects, identical to the facts of In re W.S., 2005 UT App 235. In that case, this court held that the Division lacks standing to appeal an order of the juvenile court where the Division is only seeking to protect its interests as an executive agency. See id. at ¶9. Here, as in In re W.S., the Division appeals for the sole purpose of vindicating its own interests as an executive agency. Thus, we dismiss the Division's appeal in this case for lack of standing.
______________________________
Russell W. Bench,
Associate Presiding Judge
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WE CONCUR:
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James Z. Davis, Judge
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William A. Thorne Jr., Judge
1. The Division of Youth Corrections is now known as the Division of Juvenile Justice Services. See Utah Code Ann. § 62A-7-102 (Supp. 2004).
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