Judges: MARK WHITE, Attorney General of Texas
Filed Date: 9/9/1980
Status: Precedential
Modified Date: 7/6/2016
Mr. Ron Jackson Executive Director Texas Youth Council 8900 Shoal Creek Boulevard Austin, Texas 78766
Re: Whether Texas Youth Council may provide residential care to an individual on adult probation
Dear Mr. Jackson:
The Texas Youth Council (TYC) is presently providing residential services to three juveniles who were committed to TYC for delinquent conduct pursuant to Title 3 of the Family Code and who, because of different offenses, are also on adult probation. Two were committed to TYC and were then tried as adults, either after discretionary transfer pursuant to section
The Texas Youth Council is governed by the Human Resources Code, which became effective September 1, 1979. See section 61.001 et seq. Section 61.001(5) of the Code defines a `delinquent child' as a `child adjudged to be a delinquent child under Section
(a) . . . conduct, other than a traffic offense, that violates:
(1) a penal law of this state punishable by imprisonment or by confinement in jail; or
(2) a reasonable and lawful order of a juvenile court entered under section 54.04 or 54.05 of this code, including an order prohibiting conduct referred to in Subsection (b)(4) of this section.
Pursuant to section
The Human Resources Code directs TYC to administer the training, diagnostic treatment, and supervisory facilities and services of the state for `delinquent children' committed to it and authorizes TYC to utilize state-owned detention, supervisory, educational, correctional and other facilities, institutions, and agencies for this purpose and to enter into agreements with appropriate public or private agencies for the separate care and treatment of juveniles under its control. Sections 61.002, 61.032, 61.036-.040. Delinquent children, assuming they are not released unconditionally, or placed on probation or in some institution or agency other than a state training school, are to be committed to TYC, sections 61.062-.063, which then determines appropriate treatment and placement of the child. Section 61.071 et seq. TYC may release under supervision any delinquent child in its custody in accordance with the provisions of section 61.081, but in any event `shall discharge from its custody a child not already discharged on his or her 18th birthday.' Section 61.084.
We think it clear from the foregoing provisions that TYC has jurisdiction of and control over any child who has been adjudged `delinquent' within the meaning of the Human Resources Code and the Family Code and has been properly committed to it until such time as the child reaches eighteen years of age or is otherwise released from its jurisdiction. We can find nothing that indicates, or even suggests, that TYC forfeits its jurisdiction over a delinquent child who has been properly committed to it, and who would otherwise clearly be under its control and eligible for its services, merely because the child is placed on adult probation following conviction of some other offense. Accordingly, the answer to your question is that TYC may provide residential care to, and exercise control over, a child who has been validly committed for delinquent conduct, notwithstanding that such child is also on probation as an adult.
Very truly yours,
Mark White Attorney General of Texas
John W. Fainter, Jr. First Assistant Attorney General
Prepared by Jon Bible Assistant Attorney General