Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
March 16, 1979
MARK WHITE
Attorney General
supems cmln suildinp Honorable Jerome Chapman Opinion No. NW-5
P.O.ear ,m Texas Department of Human
Au&n. TX.78711
512,47S-25ol Resources Re: Whether the Department of
John H. Reagan Building Human Resources and a county
Austin, Texas 78701 which jointly operate an infant
101cumwce.Suite200 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
Honorable Jerome Chapman - Page Two (MN-5)
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