L / OFFICE OF THE ATTORNEY OENERALOFTEmS

AUSTIN

Q- c. MANN m-nnO=*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 submit6nclsupport 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 ohiliras an oqhan OT half-orphan by Peaeon f& t&e death of one of th0 gailrenta, or tlm dlroroement of the pir, cr thedesertian by the 0110or the otbor of the plrents .Dr. Chas. W

. Castner - pagla 2

Al'ticle6960, VBIpOu*s Civil Statutes, SQctlou 1, Subdiviaicm (Q),aeflnQs as f0110wst

yTh% tom *dopvzxIentchkldv meaus a ne0dy child uudQr the age of fourteen (14)years, vho has boon deprived of parental support orcare by 

### reason of tho death, continued absence from the home,
or physical ormental 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, andwho 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, etep**brother,** step-sister, uncle and aunt of the whole orhalf blood, uualo-in-law, aunt-in-law, great-uncle, or gmat-au& in a plaoemaintaiu8d by oue ormore of such relatives as his 

### orher holile..

Sections 22, 23 and 24 of theAat 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 ordi&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 Qxlietingin each ease, ax& in accordanae with the rulea and regulations made by the State Department, and &all be suffYcfent, when axldedto all othQr IncoW and SUppOrt avtilablo t0 the ohild to proP%d~ such child pritha reasonable subsistence compatible with deoenoyDr. Chas. G. cristnor - pago 3

aIlit health, Within thQ liadtatiom CUXIprovisicns 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 ieayappropriate and allocate to the State of Texas from time to tinroshall 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 ane~%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 shallhave jUrlsdiCtiOu 

### over general guidance of all children added.

*f&a. 24. llhentha l.ItYeetigation discloses that a ohild tn whose behalf application for aeeietanoe hae been twuiois a needy dapwdent child a6deMmxl in this Act, aud that euoh child is liviug, orwill 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.sAat are oomplled with.'

It will be aeon these Seotions are broad, and ooufer upon the DQpartaienta reasonable and liberal discretion in prodding for dopexrdontohildren elisjale for b8nQfitS. The *reasonable subsietenaey authorieed tobe 8Upp1it,d is detcrmillCdU$Wllthe 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.

### Thisansweris in&cd zWostgeneral,butwe

C;LA hardlybe morespaoifia in viewofthe generality Of your inquiry.



### Trusti~&+

thatthiswillbe a sufffclent anmw to your question, hovcver, weare