OFFICE OF THE A-ITORNEY GENERAL OF TEXAS ’
i AU-
--ls= Q.0,
l;rse Violet 9. Greenhill, Chief
Dlvisi~n of Child xelrare
stats Departiaent or i?ublic
Austin, Texas
Dsar lfrs. Greenhillr
This department h r request ror an
oplnlon. Y.-e quote the ;ert r, your letter as
r0u0ws I
bond required for such
t or brought into Texas
been given in confoinity
and in co$‘orzity with
‘;tates Co.mlttee
for the caze of European children, that the
children brought to ‘&is oountry will Lot be-
cone a ?ubllo charge?
*The imediate need for your 0pid.0n in
this netter has arisen out of a request from
a Texas resident VisitirE: in New York. This
individual has asked to be advised of the
yrs. Violet 9. Greenhill, Page 2
2’
formalities required,, under Taxas law, to
bring a refugee child to this State to live
, in his home for the duration of the Xar.
~e+a~eHatte.ching a copy of this let+.er.
.
The letter to which you refer in the final para-
graph of the foregoing, reads:
mA Client oi mine, who is a resident
0r your state, end who is in this city at
the present time, is desirous of taking
with him a refugee child now in the Chited
States and to give the child a hone gra-
tuitously with himself and his raaily for
the duration of the war.
“1 would appreciate it very much if
you would advise me whether any preliminary
formalities must be met vjith before the
child can be made a resident of your state.
“1 wish to repeat that the child is
now lawfully in ,tierica, and my client, out
of the kindness of his heart, wants .to give
him all the necessaries of life, and have
the child live with him uutil he Can, be
sent back to his own pareqts abroad.*
,
The Acts of 1931, 42nd Legislature, Senate F&11,No.
375, Chapter 194, Fage 323, or,ated the Division of Child Uel-
fare in the Board of Control and defined, its rUW2tiORS as
r0110ws t
sec. 2. “It shall be the duty of the
Board to promote through the Child Y:elfare
Division the enforcessnt of all laws for the
proteotion, of defective, illegitimate, de-
endent, neglected and delinquent children
P * * and to take the initiative in all mat-
ters Involving the interest of such children
where adequate provision therefor has not
already been nade.”
Sections 0 and 7 0r that Act areincorporated in
Ve~rnon’s Annotated Penal Code as titicle 606a. That Article
provides:
c
73s
‘. yrs. Tliolet 9. Greenhill, Page 3
, .i
I..’
QArt. 606a. ’
Bringing child into state
for placing out or adcytion without consent
i of State Board or Control
*Sec. 0. It *shall be unlaxfkl ror any
person, for timself or as agent or re?resenta-
tive of another, to bring or send into this
Sta.te any child below the age of sixteen (16)
years for the Qurpose 0r placing him out or
proouring his adoption without first having
obtained tha consent of the State Board or
Control, which may be lcaas by application
directly to the Board of Control, or through
the County Child Xelfsre Board. Said consent
shall be given on a regular rors to be pra-
scribed by the Board of Control snd no person
shall bring any such child into this State
without such permit and without having filed
with the Eoard of Control a bond payable to _ _.-
the State, JZI a form to be prescribed by the
Attorney Genaral, and apgroved by the Board
in the penal sum of One Tho;lsand ($l,OOO.OOj
..,Dollars, conditioned that the: Person bringing
or sending such child into this State u-i.11
not send or bring any child \*ihOis incorrigible
:, or unsound of mind or budy; that he v:ill re-
.:move any such child why becomes a public
charge or pay the eqe.lse of removal of such
’ charge, who, in the opi’nion of the Board of
Control, beccaes a menc:e to the oozmunity
prior to this adolMon or becoming of legal
age; that he will place the child under a
written contract approved by the County Child
Welfare Board and the Board of Control; and
that the person with whom the child Is ?l+zed
shall be responsible for his proper care and
training. Before any child shall be brought
or sent into the State for the purpose of
placing him in a foster home, the person ao
bringing or sendin: such child shall first
notify the Eoard of Control of his intention
and the Board of Control shall ifrzedietely
notify the County Child :;elfarz Board, who
shall make a report to the Board of Control
on the person whom it is indicated will have
oharge of the child, and shall obtain from
.:--.-
739
us. Violet S. Greenhill, Page 4
the Board of Control a Certificate stating
that such home is, :ond such person or persons
fn charge, are in the opinion of the Board of
Control, -uitsble to have charge ?? such .~.
ohlld . Suoh notification shall state the
name, age and description of the child, the
name and address of the person to whom the
same is to be placed, and such other iniorna-
tion as may be required by the Board of Con-
trol, and the mm shKL1 be sworn to by such~
Qerson. The 3oard of Control shall require
the person sending said child into this State,
or the person who is in charge of the same
after he has beon brought here, to make a
report at certain stated times, snd in the
event such reports are not mde suc,h. Board
shall be authorized to deport said child
from this State and the expenses thereof
shall be recovered under said bond; provided,
however, tha~t nothing herein shall be deened
to prohibit a resident of this State from
bringi= into the State a relative OF child
for adoption into his own family. The 5oard
of Control and Child Zelfare Eoards shall not
allo:? minors to come into and be brought into
this State in violation of this Act.
“Sec. 7 If any’person shall bring into :
this State OS direct, conspire, or cause to
‘,e brought into or San’:. into this State any
ehlld in violation of the foregoing section,
he shall be guilty of a misiemearxr and upon
conviction therzof 33211 be r’ined in a sum
not less than Twenty-five ($25.00) Dollars
nor more than One Thousand ($l,OOO.CO) Dol-
I lars, or by confineaent in the County Jail
not exceeding t:%;elve months, or by both such
rim and imprisonment, Acts 1931, 42nd Leg.,
Q. 323, ch. 194.”
The language of Article G06a, supra, is not aabigu-
OUS. By the passage of this .Ict, the Legislature sought to
correct an existing evil; caoely, the importation of defective,
illegitimate, dependent, neglected, or delincuect children
Into this State by irresponsible persons or agencies. XOre
than frequently, these children becme yublic charges and OC-
cassioned an overcrowded condition in our State Institutions.
(See Seotion 14 of the Act).
. .
,Llrs.
Viol&t S. Oreenhill, Fage 5
The Legislature qualified the application of this
statutory provision, however, to those persons or agencies
who bring or send children under sixteen (IS) years of age
into the State for the purpose of “plhctng them outW or
wyrocuring their adoption.” In the instant case, a person
desires to bring a refugee child into this State and provide
it with all the necessities of life and have the child live
with him. k bzLs QKYL ~JUIUX
wP.U Q-..&~II.,~ =&Yu& wti% +Jn-e
ahild’s return to his rightful parents.
In the described situation, no bond need be made
for reason there is neither a “plaoing out* nor the procure-
ment of an adoption.
In the event there is a “placing out’ or the pro-
curement of an adoption, the provisions of Article 606a,
supra, nust be set and conplied with for there is no evident
exemption of war refugee ahfldren. The Act applies to *any
child below the age of sixteen (16) * * *.*
We trust that the foregoing answers your inquiry.
Yours very truly
ATTORNEYGEFiEE.LCB TEXkS
Wm. J. Fan-~Lng
Ass1&ant
GX:RS ARPROVmS= 30, 1S40
Untitled Texas Attorney General Opinion
Combined Opinion