Case Information

*1 The Attorney General of Texas

March 16, 1979

MARK WHITE

Attorney General Opinion No. NW-5

supems cmln suildinp Honorable Jerome Chapman P.O. ear ,m Texas Department of Human Au&n. TX. 78711 Re: Whether the Department of 512,47S-25ol Resources John H. Reagan Building Human Resources and a county Austin, Texas 78701 which jointly operate an infant 101 cumwce. Suite 200 adoption program may charge fees. m(P. TX. 79202 tWl42.9944 Dear Mr. Chapman:

You have requested our opinion regarding the collection of adoption fees which are assessed in the infant adoption program. operated jointly by the Texas Department of -Human Resources land the Bell County Welfare Board. Child Welfare Boards are appointed by the county commissioners courts for’ the purpose of. improving the health, education and welfare of children in the state. V.T.C.S. art 6954 S 4. The local boards are entities of the Department of Human Resou~rces “for the purposes of providing coordinated state and local public welfare services for $hildren and their families and coordinated utilization of federal, state, and local funds for these servicesw Id. S 4(c). The Department of Human Resources has the duty to “[aldmhtfir or supervise all child welfare service, except as otherwise provided for by law.” V.T.C.S. art. 695c, S 4f2). Adopting parents have been charged a fee amounting to 7% of their ,ineome. The proceeds of the fees are used generally to underwrite the expenses of the adoption program.

There is no statutory authority for either the Department of Human Resources or Bell County to collect payments from adopting parents, whether such payments are characterized as a fee or reimbursement of government oosts. In the absence of specific statutory authorization, the state or county may not amess fees. Nueces County’v. Currington, 162 S.W.2d 667 (Ten. 1942); McCaUa v. City of Rockdale, 246 S.W. 654 (Tex. 1922); Attorney General Opinions Ii-1302 (1978); H-1052, H-990 (1977); H-702, H-647 (1975); H-443 (1974); WW-l482 (1962): V-l236 (1951); V-744 (1948); V.T.C.S. art. 5139ez, 5 9 (adoption investigation fee permitted in Orange County).

p. 14 *2 (MN-5)

Honorable Jerome Chapman - Page Two

SUMMARY Neither BeII County nor the Texas Department of Human Resources has authority to assess adoption fees.

MARK WHITE

Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

TED L. HARTLEY

Executive Assistant Attorney General

Prepared by David B. Brooks

Asdistant Attorney’General

APPROVED:

OPINION COMMITTEE

C. Rob& Heath, Chairman

David B. Brooks

Rick GiIpin

William G Reid

DavidYoung .

Bruce Youngblood

p- 15