The Attorney General of Texas
June 5, 1978
Honorable Ron Jackson Opinion No. H- 1172
Executive Director
Texas Youth Council Re: Payment for return trans-
8900 Shoal Creek Blvd. portation to Texas of juvenile
Austin, Texas 78766 runaways.
Dear Mr. Jackson:
You ask whether an appropriation to the Texas Youth Council may be
. .
used to pay travel expenses incurred under Article IV of the Interstate
Compact on Juveniles, Family Code, chapter 25. The Executive Director of
the Texas Youth Council serves as compact administrator pursuant to section
25.05 of the Family Code. Article IV of the Compact provides a procedure
for returning a juvenile “who has not been adjudged delinquent but who has
run away. . . . ” Family Code 5 25.02, art. IV(a). Article IV(b) makes the state
to which the juvenile is returned responsible for payment of transportation
costs. Section 25.07 of the Family Code provides as follows:
The compact administrator may make or arrange for
the payments necessary to discharge the financial
obligations imposed upon this state by the compact or
by a supplementary agreement made under the com-
pact, subject to legislative appropriations.
You inform us that a nonadjudicated juvenile runaway was recently
taken into custody by South Carolina authorities. The juvenile and her
parents are residents of Texas. The compact administrator generally requires
the parents to pay the cost of the child’s return to Texas: however, in this
case they could not afford to. The South Carolina compact administrator
paid the costs of transportation and then requested reimbursement for this
expense pursuant to article IV of the Compact. You wish to know whether
you may reimburse this travel expense from item 5d in the appropriation to
the Texas Youth Council.
P. 4736
Honorable Ron Jackson - Page 2 (B-1172)
5. Community Services:
. . . .
c. Residential Contract Services
d. Non-residential Services
e. Residential Services (Halfway House Operation)
. . . .
General Appropriation Act, Acts 1977, 65th Leg., ch. 872, at 2786.
ln our opinion, the Compact provisions and section 25.07 provide preexisting
law which would support an appropriation to pay the cost of returning a
nonadjudicated runaway to Texas. See Tex. Const. art. 3, § 44; Austin National
Bank v. Sheppard, 71 S.W.2d 242 (TX 1934); Attorney General Opinion WW-340
(1957). However, we do not believe you are authorized to pay these transportation
costs from the item for “[nlon-residential services.” Your budget request to the
65th Legislature stated that the expenditure for nonresidential services would aid
the adjustment of Texas Youth Council parolees. Budget Estimates - Fiscal Years
1978 and 1979 at 101. Like the items for residential services with which the
appropriation groups the nonresidential services item, it appears to be directed at
persons already under the supervision of TYC. -See Attorney General Opinion H-822
(1976). The TYC appropriation specifically authorizes you to pay the costs of
deporting nonresident patients or students and returning Texas patients or students
from other states. General Appropriations Act, Acts 1977, 65th Leg., ch. 872, art.
II, 5 2e, at 2798. These provisions apply to persons under state supervision and not
to nonadjudicated juveniles. See Attorney General Opinion H-521 (1975).
We find no indication that the Legislature intended the nonresidential
services item to be used to pay the cost of returning nonadjudicated runaways: all
indications of legislative intent are to the contrary. Since you have generally not
paid such costs, we cannot draw any inferences from legislative acquiesence in
administrative practice. In our opinion, the proper course for South Carolina would
be to seek reimbursement under the Miscellaneous Claims Act. -See V.T.C.S. art.
4351b.
SUMMARY
The administrator of the Interstate Compact on Juveniles
may not use the appropriation to the Texas Youth Council
for nonresidential services to pay the cost of returning a
nonadjudicated juvenile runaway to Texas.
P. 4737
Honorable Ron Jackson - Page 3 (H-1172)
Attorney General of Texas
APPROVED:
7iii4
&y&?&d
C. ROBERT HEATH, Chairman
Opinion Committee
P. 4738