Attorney General Opinion WW-1474

Honorable Charles J. Lieck, Jr. Opinion No. WW-1474 Criminal District Attorney Bexar County Re: Whether a juvenile court, Courthouse after adjudging a minor San Antonio 5, Texas to be a delinquent child and placing said child in temporary custody of his parents, subject to the further orders of the court, has jurisdiction to have a fur~ther hearing after the minor has attained the age of 17 years and commit him to the custody Dear Mr. Lleck: of the Texas Youth Council. You have requested an opinion of this office in the above matter and in your request the following Is stated: "On April 24, 1962, Charles J. Lleck, Jr., Criminal District Attorney of Bexar County, Texas, filed his petition in 150th District Court of Bexar County, Texas, sitting as a Juvenile Court, asking that . . .be adjudged a delinquent child. The petition alleged that said child was born May 5, 1945, and that the offense constituting such child a delinquent child was the burglary of a private house with intent to commit theft, and that such offense was of the grade of felony as definedby the Penal Code of Texas. Service of notice was requested on the parents of said child, and a fiat of the District Judge was attached to said petition. The date of the offense was alleged as April 18, 1962, and the notice of hearing was for April 26, 1962. "On April 26, 1962, in conformity with said fiat of said Judge an order was entered in said cause in which it is recited that a hearing was had on said date at which time the parents of said child, his attorney, and the child in person ap- peared in court, and at such hearing the court Hon. Charles J. Lieck, Jr., page 2 (WW-1474) found tha'the child at the time of such hearing was 16 years of age; was a delinquent child and 'it is to the best interest-at he be placed, until final disposition of custody is made, in temporary custody of . . .I" (Emphasis added) "The order of the.courtrecited that the child Ibe and he is hereby placed, until final disposition of custody is made, in the temporary custody of . . .in San Antonio, Bexar County, Texas,- subject to the further orders of said- Court.1 (Emphasis added) "On May 7, 1962, as shown by order of court signed May 10, 1962, another hearing was had at which hearing the child appeared in person with his parents, . . .and his attorney, the recita- tion being that the court having heard the evidence is of the opinion and finds that it is to the best interest of said child that he be committed to the care, custody and control of the Texas Youth Council of Austin, Travis County, Texas; and it was ordered that he be committedto such agency for an Indeterminate period of time not to exceed the time he shall have become twenty-one years of age and that he should be conveyed forthwith by the Chief Probation Officer of Bexar County to the Gatesville State School for Boys. order of mined to II II . . . The question to be answered is thus: Does an initial commitment to the Texas Youth Council of a minor deter- be a delinquent child, have to be accomplished berore said child reaches 17 years of age in case of a male and 16 years of age in case of a female? Article 2338-1, Section 3, Vernon's Civil Statutes, defines a delinquent child as ". . .any female person over the age of ten (10) years and under the age of eighteen (18) years and any male person over the age of ten (10) years and under the age of seventeen (17) years," and then proceeds to elucidate the circumstances which bring a person, in the above age groups, under the provisions of the statute. Hon. Charles J. Lieck,, Jr., page ,~ Article 5143a, Section provides: 3 wq-1474.1 2, Vernon's Civil Statutes, "Any male person between the ages of ten (10) and seventeen (17) years who shall be lawfully com- mitted to the State Juvenile Training School as a delinquent child, and not possessing any of the disqualifications hereinafter mentioned, shall be received as an inmate of said training school." Section 12 of Article 5143~ reads as follows: "When any child is' adjudged delinquent under the provision of Section 13 of Chapter 204 of the General Laws of the Re ular Session of the Fort - eighth Legislature & 19 3, (Sec. 13, Article 233 - 8 1, of Vernon's 1948 Statutes), and the Court does not release suoh child unconditionally, or place him on orobation or in a suitable nublic or nri- vate institution or agency other Training School, the Court ,shal; the Council, but may suspend the the order of such commitment." Section 12 of Article 5143d same as the above quoted statute. From a perusal.of the above statutes, It can be said with certainty,, that a male 17 years of age or over and a female 18 years of age or over cannot be committed to the Juvenile Training Schools of this State, for the firsttime, at these ages, because they do not come within the age limits set forth in Article 2338-1, Section 3, sunra. These juris- dictional limits of age are mandatory and cannot be circumvented than a State commit him to execution of reads gubstantially the or altered by judicial action. Further a reading of the aforementioned statutes leaves no doubt that their clear and unambiguous meaning prohibits initial or first commitment to the Texas Youth Council of delinquent children after attaining the maximum age limit in each group. Therefore, we are of the opinion that the order entered on April 26, 1962, was not an order of commitment addressed to the Texas Youth Council and the order of Nay 7, 1962, entered after the subject child was 17 years of age, was a void and illegal com- mitment which the authorities of the Juvenile Training Schools must refuse to obey. - . Hon. Charles J. Lieck, Jr., Page 4 @W-14'74) Please be advised that our opinion pertains only to initial commitment and in no way affects recommitment after initial commitment Is lawfully obtained. Accept our thanks for the brief submitted in this matter. S UMMA.RY A juvenile court after adjudging a minor to be delinquentand placing said minor In temporary custody of his or her parents, subject to further orders of the court, has no jurisdiction to have a further hearing after the minor has attained the age of 17 years, in case of a male and the age of 18 years in case of a female and commit the said minor to the custody of the Texas Youth Council. An initial commitment order entered after a minor reaches the age of 17 years in case of a male and the age of 18 years in case of a female, is void and illegal and the authorities of the Juvenile Training Schools must refuse to obey the said order. Sincerely, WILL WILSON Attorney General of Texas, 0LB:mkh APPROVED: OPINION COMMITTEE J. C. Davis, Chairman Tom Peterson Malcolm Quick Grady Chandler REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore sistant