Honorable J.S. Murchison, Executive Director

State Department-of Public Welfare. Austin, Texas Dear Mr. Mnrchison:, Opinion No. O-4264-A

‘, Re: Interpretation of residence in determining eligibility.for aid to’dependent Children.

.Your. letter of request for an opinion from this department is as follows:*We would like to submit for your further consideration and opinion the following facts ‘inrelation to the interpretation ofthe r.esidence requirement for aid to dependent children.

‘Article III. Section Sld, ofthe Constitution, provides in part: Y‘ : . . . .The Legislature may .impose residential restrictions and such other restrictions, limitations, and regulations as to it may seem expedient.’ *House Bill 61,l. Section~ll. provides~ in part: ‘
. .,. “Dependent Chid” is any’individual:

“‘(2) Who has resided in this State .for a period of at least one (1) year immediately preceding thedate ofthe application for assistance; or .was born within the State one (1) year immediately preceding the date ofapplication, and whose mother has resided in the State for a period~of at least one (1) year immediately preceding the birth of such child; and
. . .‘~’ “The Department has heretofore submitted a request for an opini~oninterpreting the residence requirements for old age assistance, aid to the blind and aid to dependent children, and the opmion, No. O-4264, appeared tobe based on the constitutional requirement of

‘actual’ residence.. -

Honorable J.S. Murchison. Page 2; O-4264-A

“The constitutional amendment providing for old age assistand and aid tothe blind did require ‘actual’ residence; however, the constitutional amendment providing for aid to dependent children gives the Legislature the right or authority to make whatever rules and regulations that that body may deem expedient. “(1) Does ‘actual’ residence as defined and interpreted in Opinion No. O-4264 relate to aid todependent children? “(2) Ifthe first question is answered inthe negative, then what character of residence is required of children in order to qualify for aid to dependent children ? “(3) If the first question is answered inthe negative, then does the residence ofa child follow that of its parents; ifthe parents are separated, does it follow the residence of the parent with whom the child lives; ifboth parents are decease,d, how is the resideuce ofthe child determined ?” Opinion No. O-4264, towhich you refer, was wtitteu as applying to Sections 5ld and Sic ofArticle III of the Constitution. in e.ach ofwhich Sections, relating respectively to old age assistance and assistance to the needy blind, the requirement of “actual bona fide citizens of Texas” occurs. Emphasis was laid upon theword “actual”. Section 51d, from which you quote, contains no such q.ualification of residence as to assistauce to destitute children, but onthe contrary provides “the Legislature may impose residential restrictions, and such other restrictions, limitations, and regulations as to it:&myseem expedient.”

With respect to dependent children, the Legislature has provided in Section 17ofH. B. No. 

### 611ofthe Regular Sess.ion, 47th Legislature, that:

.

‘A idto dependent children shall’ be given under the provisions of this Act with respect to any dependent child.. ‘Dependent Child’ -_ is any individual: :, “(1) Who is a citizen ofthe Dnf@d,:States: Pad “(2) Who has resided in this State forka period ofat least one (1) year ~immediately preceding the date ofthe application forHonorable J.S. Murchisbn, Page ‘3,O-4264-A

ass.istance; or was born within the State one (1) year immediately preceding the date,of application, and whose mother has resided inthe State for a period of at least one (1) year immediately preceding the birth of such child; and “(3) Who is under the age of fourteen (14) years; and “(4) Who has been deprived of parental.support or care by reason ofthe death, continued absence from the home, or physical or mental incapacity of a parent; and

‘(5) Who is livirig with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home; and “(6) Who has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health.” Itwill be seen the Legislature has not qualified the residence of such child inthe manner adopted in the Constitution with respect to old age and the needy blind.

Sections 18and 19ofH. B. No. 611both refer to the residence, qualifications, and,the latter is especially indicative of a more liberal rule of construction than that pertaining to Sections 51b and Sic ofthe Constitution, providing as it does:

“When the investigation discloses that a child inwhose behalf application for assistance has been made is a needy depe.ndent child as defined inthis Act, and that such child is living or will live, with one or more ofthe relatives prescribx inthisAct, assistance may be allowed for the support ofsuch’child if other provisions of this Act are complied with.” (Emphasis **our ’** **s)** Your questions are therefore answered as follows: (1) For the reason first given above, your first question is answered No.Honorable J.S. Murchison,.Page 4,:O-4264-A

(2) In the light of the Constitution (Section 51d) and the **stat** ute above quoted applying to dependent childten, a liberal rule ofconstruction as to residential qualifications should be adopted. This is in keeping with the general purpose ofthe law, and does no violence to any other provision whatsoever.

(3) Ordinarily, the residence of a child follows that of its parents, and ifthe parents are separated, the residence follows that ofthe parent with whom the child lives. If both parents are deceased, the residence of the child is determined by the residence of the person with whom it lives. Very truly yours ATTORNE~Y GENERAL OF TEXAS

OS-Am BY .&+Ocie Speer Assistant

PROVED APR 6, 1945 

# kg*

ATTORNEY GENERAL OF TEXAS APPROVED OPINION COM TTEE B.Y& Chairman