L / OFFICE OF THE ATTORNEY OENERALOFTEmS AUSTIN Q- c.MANN m-nn O=*WL ;::f> - ,. / Honorabla Chas. II. Ca8tner, 6hlef %le8mo6ynary nlvlelon State Board of Oantrol Austin, Texas Dear Dr. Castuera 2bAsrlll a&n of your letter of lnqulrg, as fol~o~st Of the stat8 has submit- 6ncl support of a parent far a long porioa waause of the diroroe or tle60rtlon of a parent.** There is no gmaral statut0 deCLnlng the etatue of a ohilir as an oqhan OT half-orphan by Peaeon f& t&e death of one of th0 gailrenta,or tlm dlroroement of the pir, cr the desertian by the 0110 or the otbor of the plrents . Dr. Chas. W . Castner - pagla 2 Al'ticle 6960, VBIpOu*s Civil Statutes, SQctlou 1, Subdiviaicm (Q), aeflnQs as f0110wst yTh% tom *dopvzxIent chkldv meaus a ne0dy child uudQr the age of fourteen (14) years, vho has boon deprived of pa- rental support or care by reason of tho death, continued absence from the home, or physical or mental inoapaclty of a parent, and whose relatives Liable under the law for his support, are not able to provide adequate care or support for such child without publio assietauce, and who llvlug with his father, adoptive father, mother, adoptive mother, graudfather, grandf'athor-in-law, great-grandfather, gra.mZmother, graudmther-in-law, goat- grauduother, stopfather, stepmother (but not thQir pamnts), brother, brother of the half' blood, brother-in-law, adopfivs brother, sister, sleter of'the half bloQd, sister-in-law, adoptive sister, etep- brother, step-sister, uncle and aunt of the whole or half blood, uualo-in-law, aunt-in-law, great-uncle, or gmat-au& in a plaoe maintaiu8d by oue or more of such relatives as his or her holile.. Sections 22, 23 and 24 of the Aat are as followst wSaa. 22. The amount of assistance which shall be granted for any needy de- pondent ohild shall be dQter+ned by the State Department through its district or county agencies in thQ Oounty or di&riCt fn which the child FQsidQB, with dUQ re- gard t0 the l”Q8OUPCQs and XlQQQ5SMl.y QX- ponditures of the family of such child and the conditions Qxlieting in each ease, ax& in accordanae with the rulea and regu- lations made by the State Department, and &all be suffYcfent, when axlded to all othQr IncoW and SUppOrt avtilablo t0 the ohild to proP%d~ such child prith a reason- able subsistence compatible with deoenoy Dr. Chas. G. cristnor - pago 3 aIlit health, Within thQ liadtatiom CUXI provisicns of the Conetttutlon of Texas ac am non prcvidod, or nay later be provldod, and, in addlt.lon thereto, such funds as the l%ioral Ucwerment ieay appropriate and allo- cate to the State of Texas from time to tinro shall bo d%stributQd to the racipionts of assistance In like man- nQr as Stata funds are paid under the terms of this Aat. lsec. 23. Application for as- sistance for a ne~%y dependent obdld uuder the provisions of this Act shall b8 n&de in the manner and upon the form prescribed by the State De- parttn%nt. Dwin~:the perioddnrhdob assistance Is granted, the Stefe De- partment shall have jUrlsdiCtiOu o ver general guidance of all children add- ed. *f&a. 24. llhen tha l.ItYeetigation discloses that a ohild tn whose behalf application for aeeietanoe hae been twuio is a needy dapwdent child a6 de- Mmxl in this Act, aud that euoh child is liviug, or will l&ye, wit& one or more of the relativea presaribQd in this Act, assistanoo msy be alloyed for the support of such obild if other provieion~ of th4.s Aat are oomplled with.' It will be aeon these Seotions are broad, and ooufer upon the DQpartaient a reasonable and liberal dis- cretion in prodding for dopexrdont ohildren elisjale for b8nQfitS. The *reasonable subsietenaey authorieed to be 8Upp1it,d is detcrmillCd U$Wll the fW3tS %l'Jd CiXClltl~tt.tUAOS~ aurromdln~. the child at the time OS inquiry, or appliaa- tion for aid, rather than By any gzestion of the time dur- ing which the obild has been a depeudent ahild, or of the oausQ or cause6 whfcb may have prodmeil the COnaitiOile. This answer is in&cd zWostgeneral, but we C;LAhardly be more spaoifia in view of the generality Of your inquiry. Trusti~&+that this will be a sufffclent anmw to your question, hovcver, we are