People in re D.Z.B, 436 P.3d 534

Juvenile D.Z.B. had a lengthy history with the juvenile court and Arapahoe County Department of Human Services (the Department); earlier proceedings had resulted in various placements and probation.
In early 2014 D.Z.B. was adjudicated delinquent and sentenced to probation with placement at Jefferson Hills, a Department-managed residential treatment facility; he later was released to his father.
After new charges, defense counsel and the Guardian ad Litem requested residential placement preadjudication; the Department said it had placement options but objected to placement in lieu of bond and suggested Division of Youth Corrections if adjudicated.
The juvenile court held a hearing, ordered placement of D.Z.B. in Jefferson Hills in lieu of bond over the Department’s objection, and issued a written order (Sept. 22, 2014).
D.Z.B. was later adjudicated delinquent and sentenced to continue treatment at Jefferson Hills. The Department appealed only the September 22 order, arguing the court lacked authority to force preadjudication placement over its objection.
The Court of Appeals dismissed the appeal because the Department lacked standing; the court expressly declined to decide the underlying statutory authority issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Department has standing to appeal the juvenile court’s order placing D.Z.B. in Department custody preadjudication in lieu of bond	Department: temporary custody order imposed placement costs on it and thus created a cognizable, substantial grievance giving appellate standing	Public Defender (answering): Department lacked party status, the alleged cost is incidental to statutory duties and not a legally protected interest; statutory scheme does not confer standing	Court: Department lacks standing; alleged cost was incidental to its statutory duties and the Children’s Code does not confer a right of judicial relief to the Department to challenge preadjudication placement orders

First Comp Ins. v. Industrial Claim Appeals Office, 252 P.3d 1221 (Colo. App. 2011) (standing requires concrete injury and legally protected interest)
Ainscough v. Owens, 90 P.3d 851 (Colo. 2004) (standing is a threshold jurisdictional issue that may be raised anytime)
People in Interest of C.A.G., 903 P.2d 1229 (Colo. App. 1995) (nonparty county department had standing under unique facts where final order imposed special obligations)
AMCO Ins. Co. v. Sills, 166 P.3d 274 (Colo. App. 2007) (not every adverse effect on a nonparty creates substantial grievance sufficient for standing)
Barber v. Ritter, 196 P.3d 238 (Colo. 2008) (statutory claims require the statute to be reasonably read as granting a right to judicial relief)