State v. 7thDistJuv (In re T.D.B.)

State v. 7thDistJuv (In re T.D.B.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of T.D.B.,
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. 20031022-CA
 

F I L E D
(May 26, 2005)
 

2005 UT App 236

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Seventh District Juvenile, Price Department, 976916

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 T.D.B. 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.

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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).