L 

/ OFFICE OF THE ATTORNEY OENERALOFTEmS 

AUSTIN 

Q- c. MANN 

m-nn O=*WL ;:: f> 

- ,. / 

Honorabla Chas. II. Ca8tner, 6hlef 

%le8mo6ynary nlvlelon 

State Board of Oantrol 

Austin, Texas 

Dear Dr. Castuera 

2bAsrlll a&n of your letter 

of lnqulrg, as fol~o~st 

Of the stat8 

has submit6ncl support of a parent 

far a long porioa waause 

of the diroroe or tle60rtlon 

of a parent.** 

There is no gmaral statut0 deCLnlng the etatue 

of a ohilir as an oqhan OT half-orphan by Peaeon f& t&e 

death of one of th0 gailrenta, or tlm dlroroement of the 

pir, cr the desertian by the 0110 or the otbor of the 

plrents . 
Dr. Chas. W . Castner - pagla 2 

Al'ticle 6960, VBIpOu*s Civil Statutes, SQctlou 

1, Subdiviaicm (Q), aeflnQs as f0110wst 

yTh% tom *dopvzxIent chkldv meaus a 

ne0dy child uudQr the age of fourteen 

(14) years, vho has boon deprived of parental support or care by reason of tho 

death, continued absence from the home, 

or physical or mental inoapaclty of a 

parent, and whose relatives Liable under 

the law for his support, are not able to 

provide adequate care or support for such 

child without publio assietauce, and who 

llvlug with his father, adoptive father, 

mother, adoptive mother, graudfather, 

grandf'athor-in-law, great-grandfather, 

gra.mZmother, graudmther-in-law, goatgrauduother, stopfather, stepmother (but 

not thQir pamnts), brother, brother of 

the half' blood, brother-in-law, adopfivs 

brother, sister, sleter of' the half bloQd, 

sister-in-law, adoptive sister, etepbrother, step-sister, uncle and aunt of 

the whole or half blood, uualo-in-law, 

aunt-in-law, great-uncle, or gmat-au& 

in a plaoe maintaiu8d by oue or more of 

such relatives as his or her holile.. 

Sections 22, 23 and 24 of the Aat are as followst 

wSaa. 22. The amount of assistance 

which shall be granted for any needy depondent ohild shall be dQter+ned by the 

State Department through its district or 

county agencies in thQ Oounty or di&riCt 

fn which the child FQsidQB, with dUQ regard t0 the l”Q8OUPCQs and XlQQQ5SMl.y QXponditures of the family of such child 

and the conditions Qxlieting in each ease, 

ax& in accordanae with the rulea and regulations made by the State Department, and 

&all be suffYcfent, when axlded to all 

othQr IncoW and SUppOrt avtilablo t0 the 

ohild to proP%d~ such child prith a reasonable subsistence compatible with deoenoy 
Dr. Chas. G. cristnor - pago 3 

aIlit health, Within thQ liadtatiom 

CUXI provisicns of the Conetttutlon 

of Texas ac am non prcvidod, or nay 

later be provldod, and, in addlt.lon 

thereto, such funds as the l%ioral 

Ucwerment ieay appropriate and allocate to the State of Texas from time 

to tinro shall bo d%stributQd to the 

racipionts of assistance In like mannQr as Stata funds are paid under the 

terms of this Aat. 

l sec. 23. Application for assistance for a ne~%y dependent obdld 

uuder the provisions of this Act 

shall b8 n&de in the manner and upon 

the form prescribed by the State Departtn%nt . Dwin~:the perioddnrhdob 

assistance Is granted, the Stefe Department shall have jUrlsdiCtiOu o ver 

general guidance of all children added. 

*f&a. 24. llhen tha l.ItYeetigation 

discloses that a ohild tn whose behalf 

application for aeeietanoe hae been 

twuio is a needy dapwdent child a6 deMmxl in this Act, aud that euoh child 

is liviug, or will l&ye, wit& one or 

more of the relativea presaribQd in 

this Act, assistanoo msy be alloyed 

for the support of such obild if other 

provieion~ of th4.s Aat are oomplled 

with.' 

It will be aeon these Seotions are broad, and 

ooufer upon the DQpartaient a reasonable and liberal discretion in prodding for dopexrdont ohildren elisjale for 

b8nQfitS. The *reasonable subsietenaey authorieed to be 

8Upp1it,d is detcrmillCd U$Wll the fW3tS %l'Jd CiXClltl~tt.tUAOS~ 

aurromdln~. the child at the time OS inquiry, or appliaation for aid, rather than By any gzestion of the time during which the obild has been a depeudent ahild, or of the 

oausQ or cause6 whfcb may have prodmeil the COnaitiOile. 
This answer is in&cd zWost general, but we 

C;LA hardly be more spaoifia in view of the generality 

Of your inquiry. 

Trusti~&+ that this will be a sufffclent anmw 

to your question, hovcver, we are