The Attorney General of Texas
December 22, 1982
MARK WHITE
Attorney General
Honorable James S. McGrath Opinion No. MW-523
Supreme Court Building Criminal District Attorney
P. 0. Box 12546
Jefferson County Re: The special fund established
Austin, TX. 76711. 2546
512/475-2501
P. 0. Box 2553 by section 54.061(c) of the
Telex 9101674-1367 Beaumont, Texas 77704 Family Code
Telecopier 5121475.0266
Dear Mr. McGrath:
1607 Main St., Suite 1400
Dallas, TX. 75201-4709 You have asked two questions dealing with the special fund
2141742.6944 established by section 54.061 of the Family Code which reads:
(a) If a child is placed on probation under
4624 Alberta Ave.. Suite 160
El Paso. TX. 79905.2793
Section 54.04(d)(l) of this code, the juvenile
915l533.3484 court, after giving the child, parent, or other
person responsible for the child’s support a
reasonable opportunity to be heard, may order the
1220 Dallas Ave., Suite 202 child, parent, or other person, if financially
ti~uslon, TX. 77002.6966
713/650-0666
able to do so, to pay to the court a fee of not
mre than $15 a month during the period that the
child continues on probation.
606 Broadway. Suite 312
Lubbock, TX. 79401.3479 (b) Orders for the payment of fees under this
6061747-5238
section may be enforced as provided by Section
54.07 of this code.
4309 N. Tenth. Suite B
MAW”, TX. 76501-1685 (c) The court shall deposit the fees received
5121662-4547 under this section in the county treasury to the
credit of a special fund that may be used only for
200 Main Plaza, Suite 400 juvenile probation or community-based juvenile
San Antonio. TX. 762052797 corrections services or facilities in which a
5121225-4191 juvenile may be required to live while under court
supervision. (Emphasis added).
An Equal Opportunity/
Affirmative Action Employer Your questions are:
1. Can the county place the funds paid to it
by the Texas Youth Council pursuant to section
61.083 of the Human Resources Code in the special
fund?
2. Can the county place the funds paid to it
as an adoption investigation fee in the special
fund?
p. 1895
Honorable James S. McGrath - Page 2 (MW-523)
Section 54.061 limits the use to which the special fund created
can be put, but it does not restrict the sources from which the fund
may be augmented. It merely directs that certain receipts be credited
to that fund and no other.
Section 61.083 of the Human Resources Code authorizes contracts
between the Texas Youth Council and the various counties of the state.
The council may thereby obtain the services of the county's juvenile
probation department for the supervision of children on furlough from
a council facility. See V.T.C.S. arts. 5138d. 5142b. The statute
restricts the amount that may be paid to a county therefor, but it
does not restrict the use of the money after it is paid to the county.
We have found nothing in the law that would prevent a solvent county
from depositing into the special section 54.061 fund the moneys
received from the council. Cf. V.T.C.S. arts. 1630, 1709a.
Similarly, we find nothing to prohibit the county from depositing
in the special fund the money it might be allowed by a court as fees
for the conduct of adoption investigation social studies pursuant to
sections 11.12 and 16.031 of the Family Code. Section 16.031 requires
the court in a suit affecting the parent-child relationship to order
the making of a social study as provided in section 11.12.
The latter section permits the study to be made by "any person
appointed by the court." In our opinion "any person" includes an
agency of a county. See Code Construction Act, V.T.C.S. art. 5429b-2;
Family Code §ll.O1(7)>rown v. Brown, 521 S.W.2d 730 (Tex. Civ. App.
- Houston [14th Dist.] 1975, no writ). It was determined in Attorney
General Opinion H-362 (1974) that the court is authorized to impose
the cost of the study as court costs.
SUMMARY
Jefferson County may place in the special fund
established by section 54.061 of the Family Code
the funds it receives from the Texas Youth Council
pursuant to section 61.083 of the Human Resources
Code, and those it receives for conducting social
studies pursuant to section 16.031 of the Family
Code.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
p. 1896
Honorable James S. McGrath - Page 3 (m-523)
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Steve Martin
Jim Moellinger
Bruce Youngblood
p. 1897