Untitled Texas Attorney General Opinion ( 1959 )

THEATITORNEY GENERAL
OFTEXAS
December 16, 1959
Honorable James A. Turman Opinion No. WW-761
Executive Director
Texas Youth Council Re: Authority of the Comp-
Austin, Texas troller to issue warrants
covering the cost of
foster home care for
children in the custody
Dear Dr. Turman: of the Texas Youth Council.
You have requested the opinion of this office on the fol-
lowing questions:
"1. Can the Comptroller issue warrants covering
the cost of foster home care for children in the
custody of the Texas Youth Council, and presently
residing in Institutions under its jurisdiction, in
accordance with existing statutory authority (Article
5143d) at the rates specified in House Bill 4, Article
II, Section 40, Acts of the 56th Legislature?
"2. In the creation of the Texas Youth Council
and the delegation of the administrative responslbil-
ities thereto, was it the legislative intent that
children in the Waco State Home be provided less, in
terms of foster care provisions, than the other five
institutions under this agency?
"3. If the answer to the above is in the affirma-
tive, can the Comptroller approve warrants covering
the cost of foster home care for children being cared
for presently in the Waco State Home?
'%. If your answer to the above is in the afflrma-
tive, can the Comptroller approve warrants covering
the cost of foster home care for children presently
residing in foster homes at the rates specified in
House Bill 4, Article II, Section 40, Acts of the 56th
Legislature?"
Honorable James A. Thurman,page 2 (``-761)
As you have explained in your opinion request, Article
5143, VernonXs Civil Statutes, enacted by the 55th Legislature
in 1957, created the Texas Youth Council as successor to the State
Yout,hDevelopment Council and also placed under its jurisdiction
the Corsicana State Home, the Waco State Home, and the Texas Blind,
Deaf and Orphan School. Article 5143d, Sections 1,4(f), 8. Sec-
tion 8 provides:
"The Texas Youth Council shall succeed to and
be vested with all ri.ghts,powers, duties, facilities,
personnel, records and appropriations, relating to
the care, custody, and control of children, now held
by (a) the State Youth Development Council, including
the Gatesville State School for Boys, the Gainesville
State School for Girls, and the Crockett State School
for Negro Girls; (b) the Board for Texas State Hospi-
tals and Spec,iaLSchools in respect to the Corsicana
Sta,teHome and Texas Blind, Deaf and Orphan Home; and
(c) the Department of Public Welfare with respect to
the Waco State Home."
Section 25 of Article 514311reads in part as follows:
"(a) Por the parpose of,carrying out its duties,
the You,thCouncil is authorized to make use of law
enforcement, detention, supervisory, medical.,educa-
tional, correctional, segregative, and other facilities,
institutions and agencies within the state. When funds
are available for the purpose, the Youth Council may
enter into agreements with the appropriate private or
public'official for separate care and special treatment
in existing institutions of persons subject to the
control of the Youth Council."
We think this section is broad enough to encompass foster
homes, inc:LudSngchildren's boarding homes, as those terms are used
in child welfare work.
The currerat120 S.W. 9r
(1909) Motor Inv. Co. v. City of H 142 Tex. 486 179 S W.2d
278 (1444) 39 Tex.Jur., Statutes E)tiO.'Section25 of'Article 5143d
is authoriiy for foster home care'for all institutions under the
Council. It fixes no rate limit and leaves the Legislature free to
do so each time it appropriates money for foster care. We think
this scheme was intended to apply to all types of foster home care
at all the institutions, including the Waco State Home. We answer
your second question in the negative.
This answer to your second question makes a further answer
to the other two questions unnecessary.
SUMMARY
The Comptroller may issue warrants covering the cost
of foster home care for children in the custody of the
Texas Youth Council. It was the legislative intent, in
the enactment of Section 25 of Article 5143d, Vernon's
Civil Statutes, that the Waco State Home be on the same
terms as other institutions under the Council in regard
to foster home care provisions.
Yours very truly,
MKW:bh WILL WILSON
Attorney General of Texas
APPROVED:
OPINION COMMITTEE
W.V. Geppert, Chairman BY
Marvin H. Brown, Jr.
Cecil C. Csumnack,Jr.
James P. Ryan
REVIEWED FOR THE ATTORNEY GENERAL
BY:
Leonard Passmore