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C.T. v. MARTINEZ

No. 900212.

845 P.2d 246 (1992)

C.T., individually and as parent and natural guardian for H.J., a minor child, Plaintiff and Appellant, v. Harold G. MARTINEZ, Angela Martinez, the State of Utah by and through its agent, Department of Social Services, and John Does 1 through 5, Defendants and Appellees.

Supreme Court of Utah.

December 29, 1992.

Attorney(s) appearing for the Case

David A. Wilde, Salt Lake City, for C.T.

R. Paul Van Dam, Debra J. Moore, Salt Lake City, for Department of Social Services.

STEWART, Justice:

Plaintiff appeals from a district court order dismissing her claim against the State of Utah under Rule 12(b)(6) of the Utah Rules of Civil Procedure. We affirm.

We accept as true the facts alleged in plaintiff's complaint. The Utah Department of Social Services (DSS) issued a license to Angela Martinez to provide family day-care services. Before issuing the license, DSS did not investigate whether...

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