C.T. v. Martinez

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 li*247cense, DSS did not investigate whether Angela Martinez or her husband, Harold Martinez, had previous criminal convictions. Sometime prior to August 1988, Mrs. Martinez began providing day-care services for plaintiff’s…