, . TEE AmORNEY GENERAL
OF TEXAS

April 30, 1952

Hon. Austin F. Anderson Opinion No. v-1446 Criminal District Attorney Bexar County Re: Which county agency San Antonio, Texas isresponsible for making investigations and reports independent orneglected Dear Mr.Anderson: childrents cases,

Your request for an opinion presents the following question:

"Whatgovernmental agency isresponsible for investigating Dependent
orNeglected Children's cases?"
Previously, the Children's Service Bureau, a charitable organization, made investigations in dependent and neglected children's cases before the 45th District Co,urt,which is the Juvenile Court of Bexar Co,unty. Due to a lack of funds, this practice has been discontinued, giving rise to the q'uestion ofwhat governmental agency isresponsible for making investigations of this kind.

Article 2338-1, V.C.S., establishes a juvenile co'urtIn each co,untyof the State and provides for the designation of one of the district co,urtsas the juvenile court in counties having two ormore district co,urts. The juvenile court isgiven exclusive original jurisdiction ofproceedings governing delinquent children. Additionally, in counties having two ormore district courts all cases of dependency and neglect must be filed in the district court which has been designated as the juvenile court, but these cases may later be transferred toanother district court. Art. 2338-1, Sec. 4.

Section 7ofArticle 2338-l provides:

"Anyperson may, and any Pease officer shall, give to the Judge, County Attorney,
or to the Probation Officer of the county,Hon. A,ustinF.Anserson, page 2 (v-1446)

information inhis possession that a child iswithin the provisions of this Act. Thereupon the Judge, the County Attorney or the Probation Officer shall make orhave made, preliminary inquiry to determine whether the interests of the public or of the child req,uirethat further action be taken. If either the Judge or the County Attorney shall determine that formal jurisdiction should be acquired, the County Attorney shall prepare and file in the court, or any attorney may prepare and file in the court, apetition alleging briefly the facts which bring said childwithin the provisions of thisAct, and stating: (1)the name, age and residence of the child; thenames and residences, (2) 9; ;;ErEa;;n;;i (3)ofhis legal g,uardian, ; (4) of the person or persons having custody or control of the child; and (5)of tne nearest known relative, ifno parent orguardian can be found. Ifany of the facts herein required
are not known by the petitioner, the petition shall so state. The proceedings shall be styled 'Inthe matter of
a delinquent childs."

We agree with yo'urconclusion that the d,uties required of the county attorney by Section 7of Article 2338-l relate only to delinquent children and that this statute does not impose any duties upon the county attorney inrespect to dependent and neglected children. This construction of the statute is substantiated by Section 24-A ofArticle 2338-1, which reads:

"ThisAct shall innowise alter or affect existing lawswith reference to dependent orneglected children as that term isdefined byArticle 2330, Revised Civil Statutes, 1925, and theDistrict Court only shall have original jurisdiction in all proceedings wherein it is sought to have a child adj,udgedtobe adependent or neglected child, and its findings in such
cases shall be entered in abook kept for that Sjurposetobe known as 'JuvenileRecord!.Hon. Austin F.Anderson, page 3 (v-1446)

It isnecessary, therefore, to look to other statutes dealing with dependent and neglected children to determine your question.

Jurisdiction~over dependent and neglected children isvested in the district court. Arts. 2330-2337, V.C.S. Article 2331 reads:

"Anyperson who is'aresident of the county, having knowledge .ofa child inhis county who appears tobe a 'dependent' or 'neglected' child may filewith the district clerk ofhis county awritten petition, setting forth the facts constituting the child 'dependent' or 'neglected;'which petition shall beverified by the affidavit of the petitioner. It shall be sufficient, if the affidavit shall be upon information and belief. Such petition shall set forth the
name of the parent orparents of such child, ifknown, and their residence; and if such child has no parent living, then the name and residence of the guardian of such child, if ithas one."
Article 2333 provides:

"Upon suchhearing of such case the child shall be brought before said court; whereupon, the court shall Investigate the facts, and ascertain whether the child is
a 'dependent child,' itsresidence, and, as far as possible, thewhereabo,utsof Its parents ornear adult relatives, when and how long the child had been maintained, in whole or inpart, by private orpublic charity, the occupation of the parents, if living,whether they,are supported by the public orhave abandoned the child, and to ascertain, as faras possible, if the child is fo,unddependent, the cause thereof. The court may compel the attendance ofwitnesses on such examination; and the clerk shall issue all process and the sheriff and other officers of the court shall
serve the same as in other cases. The county attorney, when requested by the court, shall appear Inany such examination inbehalf of the petition. It shallHon. Austin F.Anderson, page 4 (v-1446)

be the duty of the county attorney of such county, upon the request of thencourt or any petitioner, to file apetition and to conduct any necessary proceedings in any casewithin the provisions of this title."

The co~untyjuvenile board has general supervision of anonjudicial nature over ,dependentand neglected children, andhas the power to 'directone of the probation officers of said Bo~ardto file complaint against such child in some court of such county having jurisdiction tohear and determine such complaint." Art. 5140,V.C.S. This article also confers upon the board or itsmembers the authority to "bepresent at such hearing, either inperson orby one ormore of its probation officers, and make such inquiry concerning such child asmay be proper under the established rules ofprocedure In such court."

Article 5142 authorizes the appointment of
a juvenile officer,and assistant juvenile officers In certain counties of the State. In counties having a population of 150,000 ormorewhich contain a city of 100,000, in addition to the juvenile officer there may be appointed assistant juvenile officers not to exceed
one assistant to each 25,000 population. The duties of juvenile officers are defined as follows:

"Such officers shallhave a,uthorityand it shall be their d,utytomake investigations of all cases referred to them as such by such Board; tobe present in court and to represent the interest of the juvenilewhen the
case isheard, and to furnish to the court and s~uchBoard any information and assistance as such Board may require, and to take charge of any child before and after the trial and toperform such other services for the child asmay berequired by the court or said Board, and such juvenile officers shall be vested with all the power and authority ofpolice officers or sheriffs incident to their offices.

"The clerk of the court shallwhen practicable, notify such j,uvenileofficer when any juvenile is tobebrought before the court. It shall be the d,utyof such juvenile officer tomake investigation of .Hon. Austin F. Anderson, page 5 (v-1446)

any such case, tobe present in court to represent the,interest of the juvenilewhen the case is tried; to furnish to such court such information and assistance as the court may require and to take charge of~any juvenile before and after the trial as the court may direct.

. 0 .'
Section 1ofArticle 5142a requires the appointment of a chief probation officer by the county juvenile board in counties having a population ofmore than 350,000 and authorizes the selection of assistant probation officers in these counties. As first enacted in 1931, Article 5142a referred to these officers
as juvenile officers, and this desi nation continued f ,untilthe statute was amended in 19 9.

We have,been unable to find any authorities relative to the question involved. While your factual situation isnot free from doubtwe are impelled, by
reason of the language contained in the above statutes, to the conclusion that it isnot the duty of the office ofCriminal District Attorney to investigate dependent and neglected children's cases.

It appears from the above statutes that the County Juvenile Board ofBexar County isrequired to appoint a chief probation officer, who may be furnished with assistants tohelp carry out his duties. Article 5140 places certain powers and duties upon this officer in cases of dependent and neglected children, upon direction of the juvenile board. The language ofArticle 5140 authorizing 'such inquiry

. 0 0as may be proper under the established rules of the court' isnot entirely clear. However, when taken with the other statutes dealing with the j,uvenile board's supervisory powers, itis'our opinion that the inquiry isnot limited to inquiry at thehearing before the court, b,utwas intended to include all proper investigations and inquiries into matters affecting thewelfare of the child.

Article 5142 makes further provision for the d,utiesof "j,uvenileofficers" with respect to dependent and neglected children. This statute authorizes, but does not require, the appointment of
a juvenile officer inBexar County. We have not been informed whether Bexar County maintains both
a "probation officer" and a "j,uvenileofficer," andHon. Austin F. Anderson, page-6 (v-1446)

we are not here expressing an opinion as towhether itwould be proper for the co,untytomaintain both officers. ficer' andHowever,

"juvenilewhile the terms "probation ofofficer" are not fully interchangeable In these statutes, we are of the opinion that the duties imposed upon'a juvenile officerunder Article 5142 may also be performed by'the probation officer appointed by the county juvenile board under Article 5142a. Itwo,uldfollow that Article 5142,
aswell asArticle 5140, places investigative duties in these cases upon the'probation~offiber of the county.

A consideration of these statutes reflects
an intent onthe part of the Legislature to impose these investigative duties upon the juvenile authorities, under the supervision of the county juvenile board. Consequently, we are of the opinion that investigation of cases of dependentand neglected children InBexar County should be conducted by the juvenile authorities rather than by the Criminal District Attorney. True, Article 2333 requires the filing of apetition byyour office upon the request of the court or any petitioner; and also imposes the duty to appear in the examin&tion before the court and to conduct any necessary proceedings when requested to do so.' But we do **not** belleve this language contemplates the making of Investigations such as you are inquiring about. We think these provisions contemplate only 'thatthe county'attorney' (or ciminal district attorney) 'shallbe required to do those things necessary toan orderly conduct of the proceedings at thehearing before the court.

Based upon the foregoing, we agree with you that the duty of 'conductinginvestigationsfor the juvenile court ofBexar County in dependent and neglected cases is that of 'thejuvenile officers and not the office ofCriminal District Attorney.-. . Hon. Austin F.Anderson, page 

### 7 (v-1446)

SUMMARY

The duty of conducting investigations independent orneglected children's cases InBexar County is that of the juvenile officers of the county and not the office of Criminal District Attorney.

APPROVED:

J.C. Davis, Jr. County Affairs Division

Mary K. Wall Reviewing Assistant

Charles D. Mathews First Asslstant

BW:mh Yours very truly,

PRICE DANIEL Attorney General

BY Burnell Waldrep

Assistant