# The Attorney General of Texas September 9, 1980 MARK WHITE Attorney General

Mr.RonJackson Executive Director Texas Youth Council 8900Shoal Creek Boulevard Austin, Texas 78766 Dear Mr.Jackson: Opinion No. MI+237 Re: Whether Texas Youth Council may provide residential care to an individual onadult probation

The Texas Youth Council (TYC) is presently providix 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 54.02 of the Family Code or for offenses committed after becoming seventeen years of age. The third wasinitially transferred pursuant to section 54.02, was convicted and placed onadult probation, and was then committed to TYC for delinquent conduct consisting of a felony committed prior to the offense for which he was convicted as an adult. Your question is whether TYC may provide residential care to, and exercise control over, a person who hes been validly committed to TYC for delinquent conduct when such person isalso onadult probation. The Texas Youth Council is governed by the Human Resources Code, which became effective September 1, 1979. See section 61.001et seq. Section 61.001(5)ofthe Code defines a“delinquentchild’ as a“child adjudged to be a delinquent child under Section 54.03 of the Family Code,” which distinguishes children who engage in “delinquent conduct” from those who merely engage in conduct “indicating a need for swervision.” The former are &fined insection 51.03as children whoengage in:

(a)

. ..conduct, other than a traffic offense, that violates: (1) a penal law of this state punishable by imprisonment or byconfinement injail; 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 inSubsection (b)(4)of this section.

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Pursuant to section 54.04(d) of the Family Code, a court may, following ahearing at which it is adjudged that a child hes engaged in delinquent conduct, commit the child to the Texas Youth Council. TYC shall, furthermore, “accept a child properly committed to it by ajuvenile court even though the child may be 17years of age or older at the time of commitment.” Section 54.04(e). The Human Resources Code directs TYC to administer the training, diagnostic treatment, and supervisory facilities and services ofthe state for “delinquent children” committed to it and authorize TYC to utilize state-owned detention, supervisory, educational, correctional and other facilities, institutions, and agencies for this purpcee and to enter into agreements with appropriate public or private agencies for the separate care and treatment ofjuveniles under its controL Sections 61.002,61.032, 61.036-.040. Delinquent children, assuming they are not released unconditionally, or placed onprobation or in some institution oragency other than astate training school, are to be committed to TYC, sections 61.062-.063, which then determines appropriate treatment and placement ofthe child. Section 61.071et 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 onhis orher 18thbirthday.” 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 asthe child reaches eighteen years ofage orisotherwise released from its jurisdiction. We can find nothing that indicates, or even suggests, that TYC forfeits its jurisdiction over a delinquent child whohas 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 whohas been validly committed for delinquent conduct, notwithstanding that such child isalso onprobation asan adult. SUMMARY The Texas Youth Council may provide residential care to, and exercise control over, a person who has been validly committed for delinquent conduct, even though the person is also onadult probation.

JOHN W.FAINTER, JR. First Assistant Attorney General kwNv.ea&

MARK WHITE Attorney General ofTexas

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Prepared byJon Bible Assistant Attorney General APPROVED: OPINION COMMITTEE C.Robert Heath, Chairman Jon Bible DawnBruner Susan Garrison Rick Gilpin Bruce Youngblood

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