Case Information
*1 The Attorney General of Texas December 22, 1982
MARK WHITE
Attorney General
Honorable James S. McGrath Opinion No. MW-523 Supreme Austin, Telex 512/475-2501 Telecopier P. 0. Box 12546 9101674-1367 TX. 76711. Court Building 5121475.0266 [2546] Beaumont, Texas 77704 P. 0. Box 2553 Dear Mr. McGrath: Criminal District Attorney Jefferson County Family Code by section 54.061(c) of the Re: The special fund established 1607 Main St., Suite Dallas, 2141742.6944 TX. 75201-4709 [1400] established by section 54.061 of the Family Code which reads:
You have asked two questions dealing with the special fund (a) If a child is placed on probation under 4624 Alberta Ave.. Suite 160 Section 54.04(d)(l) of this code, the juvenile El Paso. TX. 79905.2793 court, after giving the child, parent, or other 915l533.3484 person responsible for the child’s support a reasonable opportunity to be heard, may order the 1220 Dallas Ave., Suite 202 child, parent, or other person, if financially ti~uslon, TX. 77002.6966 able to do so, to pay to the court a fee of not 713/650-0666 mre than $15 a month during the period that the
child continues on probation. 606 Broadway. Suite 312 Lubbock, TX. 79401.3479 (b) Orders for the payment of fees under this 6061747-5238 section may be enforced as provided by Section
54.07 of this code. 4309 N. Tenth. Suite B (c) The court shall deposit the fees received MAW”, TX. 76501-1685 5121662-4547 under this section in the county treasury to the
credit of a special fund that may be used only for juvenile probation or community-based juvenile 200 Main Plaza, Suite 400 corrections services or facilities in which a San Antonio. TX. 762052797 juvenile may be required to live while under court 5121225-4191 supervision. (Emphasis added).
An Equal Opportunity/ Your questions are: Affirmative Action Employer
1. Can the county place the funds paid to it by the Texas Youth Council pursuant to section 61.083 of the Human Resources Code in the special fund?
2. Can the county place the funds paid to it as an adoption investigation fee in the special fund?
Honorable James S. McGrath - Page 2 (MW-523)
Section 54.061 limits the use to which the special fund created can be put, but it does not restrict the sources from which the fund may be augmented. It merely directs that certain receipts be credited to that fund and no other.
Section 61.083 of the Human Resources Code authorizes contracts between the Texas Youth Council and the various counties of the state. The council may thereby obtain the services of the county's juvenile probation department for the supervision of children on furlough from a council facility. See V.T.C.S. arts. 5138d. 5142b. The statute restricts the amount that may be paid to a county therefor, but it does not restrict the use of the money after it is paid to the county. We have found nothing in the law that would prevent a solvent county from depositing into the special section 54.061 fund the moneys received from the council. Cf. V.T.C.S. arts. 1630, 1709a.
Similarly, we find nothing to prohibit the county from depositing in the special fund the money it might be allowed by a court as fees for the conduct of adoption investigation social studies pursuant to sections 11.12 and 16.031 of the Family Code. Section 16.031 requires the court in a suit affecting the parent-child relationship to order the making of a social study as provided in section 11.12.
The latter section permits the study to be made by "any person appointed by the court." In our opinion "any person" includes an agency of a county. See Code Construction Act, V.T.C.S. art. 5429b-2; Family Code §ll.O1(7)>rown v. Brown, 521 S.W.2d 730 (Tex. Civ. App.
- Houston [14th Dist.] 1975, no writ). It was determined in Attorney General Opinion H-362 (1974) that the court is authorized to impose the cost of the study as court costs.
SUMMARY Jefferson County may place in the special fund established by section 54.061 of the Family Code the funds it receives from the Texas Youth Council pursuant to section 61.083 of the Human Resources Code, and those it receives for conducting social studies pursuant to section 16.031 of the Family Code.
MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
Honorable James S. McGrath - Page 3 (m-523)
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Steve Martin
Jim Moellinger
Bruce Youngblood