In re B.L.D.

2015 UT App 82
THE UTAH COURT OF APPEALS
S TATE OF U TAH , IN THE INTEREST OF B.L.D., A PERSON UNDER
EIGHTEEN YEARS OF AGE .
B.L.D.,
Appellant,
v.
S TATE OF U TAH ,
Appellee.
Per Curiam Decision
No. 20140494-CA
Filed April 9, 2015
Third District Juvenile Court, Salt Lake Department
The Honorable C. Dane Nolan
No. 142590
Monica Maio, Pamela L. Vickrey, and William R.
Russell, Attorneys for Appellant
Sean D. Reyes and Tera J. Peterson, Attorneys
for Appellee
Before JUDGES S TEPHEN L. R OTH , JOHN A. PEARCE, and
K ATE A. TOOMEY .
PER CURIAM:
¶1 	B.L.D. appeals the juvenile court’s dispositional order
imposing thirty days of detention as a result of an adjudication
of curfew violation. This case is before the court on the State’s
motion for summary reversal and remand, which the State filed
in lieu of a brief. We grant that motion.
¶2 	B.L.D.’s appeal raises the single issue of whether the
juvenile 	court 	erred 	in 	ordering 	thirty 	days 	of 	detention,
suspended, 	following 	an 	adjudication 	of 	curfew 	violation
because the curfew violation is an offense that is ineligible for

In re B.L.D.
detention. We review a trial court’s interpretation of a statute for
correctness. See State v. Graham, 2011 UT App 332, ¶ 14, 263 P.3d
569 (“Questions of statutory interpretation are matters of law,
which we review for correctness.”). The State concedes that the
juvenile court erred by imposing detention for thirty days for a
curfew violation, even if suspended, and agrees that the relief
requested by B.L.D. on appeal should be granted.
¶3 	Under Utah law, a juvenile court may order detention
only for “an act which if committed by an adult would be a
criminal offense” or for “contempt of court.” Utah Code Ann.
§ 78A-6-117(2)(f)(ii) 	(LexisNexis 	2012). 	The 	curfew 	violation
B.L.D. admitted is a juvenile status offense that applies only to a
minor 	under 	the 	age 	of 	sixteen.1 	See 	Davis 	County 	Code
§ 9.08.010 (“It is unlawful for any minor under the age of sixteen
(16) years to be in or on any public street, park, square or any
public place between the hours of eleven p.m. and daylight.”).
Because detention may only be ordered after adjudication for
“an act which if committed by an adult would be a criminal
offense” or for “contempt of court”, the juvenile court erred in
ordering thirty days of detention, suspended.
¶4 	Accordingly, we grant the State’s motion to reverse the
juvenile 	court’s 	dispositional 	order 	committing 	B.L.D. 	to
detention for thirty days, suspended, and remand for further
proceedings consistent with this decision.2
1. A juvenile status offense is a violation of the law that would
not be a violation “but for the age of the offender.” Utah Admin.
Code R547-13-3(2).
2. In response to the State’s motion, B.L.D. requests that the
juvenile court also be directed to “delete any and all references
to the order of stayed detention in C.A.R.E.” While we decline to
direct the juvenile court on this matter, the relief may be sought
from the juvenile court in the proceedings after remand.
20140494-CA 	2 	2015 UT App 82