Opinion
Case No. 20031022-CA.
Filed May 26, 2005. (Not For Official Publication).
Appeal from the Seventh District Juvenile, Price Department, 976916, The Honorable Scott N. Johansen.
Mark L. Shurtleff and Susan Eisenman, Salt Lake City, for Appellant.
Brent M. Johnson, Salt Lake City, for Appellee.
Before Judges Bench, Davis, and Thorne.
MEMORANDUM DECISION
The Division of Youth Corrections (the Division) 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.
The Division of Youth Corrections is now known as the Division of Juvenile Justice Services. See Utah Code Ann. § 62A-7-102 (Supp. 2004).
"[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.
WE CONCUR: James Z. Davis, Judge, William A. Thorne Jr., Judge.