Untitled Texas Attorney General Opinion ( 1971 )

April 23, 1971
Honorable Naomi Harney Opinion No. M.-a43
County Attorney
Potter County Courthouse Re: Authority of Potter
Amarillo, Texas 79101 County to contract with,
or employ personnel to
work with, a non-profit
agency for rehabilitation
of juvenile delinquents.
Dear Miss Harney:
You have requested an official opinion from this office con-
cerning the two questions which are specifically set out as fol-
lows:
"1. Whether Potter County can contract with Kids
Incorporated to furnish, for fees, special services to
youngsters who have been in trouble and are assigned
to Kids Incorporated by the Juvenile Probation Depart-
ment for its assistance in involving the child in
special activities such as improvement of school work,
recreation, family counseling, boy scouts and girl
scouts, church work, etc.
"2 . Whether Potter county Commissioner's Court
can employ a person to be under the supervision of the
Commissioners' Court or Potter County Probation
Officer to work with Kids Incorporated to assist with
children who have been in trouble and those who have
been placed on probation and assigned to Kids Incor-
porated by Juvenile Probation Department for special
assistance and special supervision."
Factually you have furnished us with the following:
Hon. Naomi Ilarney,page 2 (M-U43)
"Kids Incorporated is a non-profit organization
with a youth program and made up largely of voluntary
, workers. It is financed by a small fee paid by the
United Fund and the City of Amarillo .. .
“One divi.sion is basically designed to serve as
a volunteer probation department for Potter County.
Youngsters who are adjudged to be in trouble are
assigned to Kids Incorporated by the Potter County
Juvenile Probation Department and this division gives
special attention to these children ..." (Emphasis
added.)
As we view the matter presented by you, the basic differe:-.k:+
between the services sought to be obtained by the County in reg:;?
to the care and special supervision of the juvenile delinquents
who have been placed on probation is that your first question
proposes an employment by the county of a non-profit agency fo- -k?
furnishing of such services by the agency, while your second
question proposes only the employment of a person by the count:
to assist such juvenile delinquents who have been assigned to
such non-profit agency. In the first instance the county would
furnish payment for the care and supervision of such children
by the agency, and in the second, the county would furnish only
the person employed to assist the agency. It seems clear that
both of these proposed contracts are amply authorized by the
following provisions of law:
Article 2338-1, Section 13, Vernon's Civil Statutes, provixes
in pertinent part as follows:
II
...
"(c) If the judge or jury finds that the child
is delinquent, or otherwise within the provisions of
this Act, the Court may by order duly entered proceed
as follows: (1) place the child on probation or under
supervision in his own home or in the custody of a
relative or other fit person, upon such terms as the
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Ron. Naomi Harney, page 3 (M-843)
court shall determine (2) commit the child to a
suitable public institution or agency or to a suitable
private institution or aqency authorized to care for
children: or place the child in a suitable family home
or parental home for an indeterminate period of time,
not extending beyond the time the child shall reach the
age of twenty-one years; (3) make such further disposition
as the court may deem to be for the best interest of the
except as otherwise provided.' (Emphasis added.)
Article 2338-1, Section 11, Vernon's Civil Statutes, provides
in pertinent part as follows:
11
The court may make a general order desiq-
. . .
natinq such places of detention which may include
private foster or boarding homes for children, or
such other places of detention which to the court
seem desirable. The County Commissioners' Court
may pay for boardinq or foster home care for such
children to be detained, or all children coming
within the meaning of this Act whether prior to, or
after the child has been adjudged a 'delinquent
child'." (Emphasis added.)
Article 2338-3, Section 8, Vernon's Civil Statutes, provides
in pertient part as follows:
"The Judge of the Court of Domestic Relations
shall have authority to appoint such juvenile officers,
juvenile probation officers and investigators as might
be deemed necessary to the proper administration of its
jurisdiction in Potter County, provided such appoint-
ments are approved by the Commissioners' Court of such
county . ..'I
Whether the agency or tile person so employed to aid the agency
would be under the supervision of the Potter County Probation
Officer would be within the discretion of the Judge of the Court
of Domestic Relations of Potter County with the approval of the
Commissioners' Court. This office has upheld the authority of
Hon. Naomi Harney. page 4 (M-%43)'
the county to contract with others to carry out its statutory
duties to provide for public or governmental purposes. Attorne?
General Opinions No. M-605 (1970) and M-678 (1970).
In conclusion, we point out that in arriving at our holdint,
that the county is authorized by law to make such contracts, we
have taken into consideration the prohibition of Section 52 of
Article III of the Texas Constitution, in regard to a loan of
credit or grant of public money by the County to an individual,
association or corporation. We believe that the contracts in
question, so long as they are limited to statutory authorizatio::.
are not such as those that are prohibited by the Constitution ir
that the services to be received by the county in return for th(?
sums to be expended therefor by the county are such as to come
within the scope of authorized county business, involving "Quid
Pro Quo" as to the county, and the payments therefor are not
gratuitous in any sense. See, for example, Articles 5138 and
5143f, Vernon's Civil Statutes, which would authorize counties
to establish facilities for supervision of children in the
prevention or cure of delinquency. Attorney General opinions
No. 6125 (1944) and O-7102 (1946). The constitutional prohibit?
has been held inapplicable where a governmental or public purpose
for the expenditure exists. Weaver v. Scurry County, 28 S.W.83;
(Tex.Civ.App. 1894); State v. City of Austin, 160 Tex. 348, 331
S.W.Zd 737 (1960); Attorney General Opinions No. V-1067 (1950),
C-530 (1965), C-584 (1966), M-125 (1967) and M-138 (1967); 52
Tex. Jur.Zd 754-757, State of Texas, Section 43.
SUMMARY
Potter County may contract with a private
non-profit institution to expend public funds
for public or governmental services rendered
to the county in the care and supervision of
juvenile delinquents committed to such institu-
tion by the Judge of the Court of Domestic
Relations. The Judge of the Court of Domestic
Relations of Potter County has authority, with
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Hon. Naomi Harney, page 5 (M-843)
the approval of the Commissioners' Court, to
appoint such juvenile officers and juvenile
probation officers as might be deemed necessary
to the proper administration of its juris-
diction in assisting the Juvenile Probation
Department in giving special supervision to
juvenile delinquents on probation who are placed
in the care of a non-profit institution.
Yours very truly,
CRAWFORD C. MARTIN
Attorney General of Texas
BY
NOLA WHITE
First Assistant
Prepared by Sam Jones and R. L. Lattimore
Assistant Attorneys General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Dan Green
Jim Swearingen
Rex White
James Broadhurst
ALFRED WALRJZR
Executive Assistant
mE F. GRIFFIN
Staff Legal Assistant
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