%iS will acLn0Wled~e remi* of ;yDur letter of Ootober 17, 1640, requesting *he opF&.cn of this departmmt upon the folloting questimr "h&y the superinteirde~t of the ;Ysoo ::tate Ii0814 use fuads of that 'nstitution 5.n the plaoement of inllates in horns8 'outside the %ato of kBxas*, having in mind tne provisions of the last paragraph, pags SOX, of ths !:psoial Znws of the State of Twae, passed by the fsgular rbsaion of the Forty-Sixth ~gislature?" %otim 5 of ibuso Bill 266, Chapter 7, Speoial Lavcs i939, Forty-Sixth :,eg:slatme, pages 238, 301. reads, in part. 89 followsr "ixcapt a8 hersia othm?aise prov:dad, no money shall b expanded for 'iravel axpmarss sxoept that speoifically appropriated for said purposes provided this lixitat:or. shall not apply to travel and ~b=amport*tion expenses of patients. inmates and Alabama-Coushatbi indims, of Indian Rasemtion a?d institutional employees* travel in oonnsattlon with patients, ir,mtes, pupils and Plabam- C&&mtti .Indians, imludtig returning esoapes, transfera, parolns, and' plaoaaeuts of imates aud patients and transport&Son end travel expense of coweying iudians to wd from United Ymterr Indian hospitals in Oklabna mnd other hospital8 or olinios in Texas, of Board of Control employees whose salarisi we paid form inatitution~l finds, and of inat.itutional supefinteadents end the indiaa agm%, rrher&-, speoifio amounts are omitted from the itemized appropriations; and such travel and trhnsportatio~~ exparisas IW+y be paid fram'mJppartz and mai&wanae appropriations srld looal institutional funds." mla the provision) of the ElwmoaynaryApprop~litim Bill quotad abwq, take:; 5y itself, may bo libsrally oo+ruod to authorize the payment of trar;sprtation expense incurred ti aonnaotion with the plro-t Of mside;,ts of the I%OO State &WI, it mat bs interpreted tog&h- with other statues relating to the Vaao Stat0 %BIO, ORa of *hioh ia A~%010 9266, ~!.mo~.l~ Dnnotatsd Civil Statutes, whioh raads in part aa follorss *2 Honorable Chas, 17. Castner, Fags 2 O-2836

"SSO- 2. go ohild shall be dismissed from the ~aoo Stats iions *till mm suitable home has been found for~lt, or it has boo~.s self-suppot-t;ing and only then upon the mitten recommrsndations of thenxpsrdnt+>dent to the 3oard, or when any vmrd exmitted to sfvid Home has beoome ,,,arrJ,sd with the oonsent of the Board and superintendent. Children ,,,ay be plaoed for adoption only in homes approved by the Division of Child Relfare, State Eoard of Control. Gppon the adoption marriage of any suoh ohild, the Visitorial and regulatory powers of said hoard and suoh Board or representative oonosnAng the oonduot, snplo~, treatnent, or condition of said ohild. If in the judgnent of the Soard it should be for the best intarest of said child that it be returned to said Y+Go ?&ate Home. the Board is her&.enpowered to 'have it returned." (Underscoring ours)

?&to that any ohild not adopted going from the Home is under the oontin- usd supervision and guidance of the Board, and that the Roard or its representative are required to visit the pJaee where the child Is living at regular intervals; and the child nay subsequently be required to re- turn to the Home.

!hlder Arbiole 3259, the duty of supervision and the povmr of control remain in the Poard after a obild has been 110 plaoed, and not only would the diffioultiesof adniniatration be great indeed, if, as in the present ease, representatives of the Board were required to make regular visits to the child in its %lifonia homes but it. is quite possible that Texas as the sovereign parens patriae would completely lose jurisdiotion over the ohild to the Stats of California - Californda being bound to allow only by a oonity it night not ohoose to reoongnise the priority of the ~enas claim. Goldsmith v. Salkey (Sup. Ct. 1936), 131 Ten. ,139. 112 S. Ii. (Zd) 166. -pare ?Jilligan V. Stats (1884). 97 Ind. 365. hs stated by Hr. Juatioe Cordosa 40 .8. L R. 937:

*the jurisdiotion of a state to regulate the oustody of infants found within its territory doss not depend upon the domioile of the parenta. It has its origin in the proteotion that is due to the inoompetent or helpless . . 0 '

Consequently, it io the opinion .of this department and you are rerpeotfully advised that funds appropriated for the Woo State Hone may not bs used to defray transportation expenses of @n&ate8 in aonneotion with their plaoe- n&u in homes outside of Strite of Texas. *3 Hmorable &as, ga Oastner, ?age 3 O-2636

Verytrulypurr M'TORKXY GENERAL OF TEXAS I/ James D. Smullm v Jama D. !hmllen Assistent XWROV%U NOV. 19, 1340

s/ Gerald C. Menn

GERALD C. EUJH

AlTORNbT GUER4L OF TEXAS