, . 

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 is responsible for 

making investigations 

and reports in dependent or neglected 

Dear Mr. Anderson: childrents cases, 

Your request for an opinion presents 

the following question: 

"What governmental agency is responsible for investigating Dependent 

or Neglected 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 of what governmental agency is responsible for 

making investigations of this kind. 

Article 2338-1, V.C.S., establishes a juvenile co'urt In each co,unty of the State and provides 

for the designation of one of the district co,urts as 

the juvenile court in counties having two or more 

district co,urts. The juvenile court is given exclusive original jurisdiction of proceedings governing 

delinquent children. Additionally, in counties having two or more 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 to another district court. Art. 2338-1, Sec. 4. 

Section 7 of Article 2338-l provides: 

"Any person may, and any Pease officer 

shall, give to the Judge, County Attorney, 

or to the Probation Officer of the county, 
Hon. A,ustin F. Anserson, page 2 (v-1446) 

information in his possession that a child 

is within the provisions of this Act. Thereupon the Judge, the County Attorney or the 

Probation Officer shall make or have made, 

preliminary inquiry to determine whether 

the interests of the public or of the child 

req,uire that 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, a petition alleging briefly the facts 

which bring said child within the provisions 

of this Act, and stating: (1) the name, age 

and residence of the child; the names and 

residences, (2) 9; ;;ErEa;;n;;i (3) of his 

legal g,uardian, ; (4) of the 

person or persons having custody or control 

of the child; and (5) of tne nearest known 

relative, if no parent or guardian can be 

found. If any of the facts herein required 

are not known by the petitioner, the petition shall so state. The proceedings shall 

be styled 'In the matter of 

a delinquent childs." 

We agree with yo'ur conclusion that the d,uties required of the county attorney by Section 7 of 

Article 2338-l relate only to delinquent children and 

that this statute does not impose any duties upon the 

county attorney in respect to dependent and neglected 

children. This construction of the statute is substantiated by Section 24-A of Article 2338-1, which 

reads: 

"This Act shall in no wise alter or 

affect existing laws with reference to dependent or neglected children as that term 

is defined by Article 2330, Revised Civil 

Statutes, 1925, and the District Court 

only shall have original jurisdiction in 

all proceedings wherein it is sought to 

have a child adj,udged to be a dependent or 

neglected child, and its findings in such 

cases shall be entered in a book kept for 

that Sjurpose to be known as 'Juvenile Record!. 
Hon. Austin F. Anderson, page 3 (v-1446) 

It is necessary, therefore, to look to 

other statutes dealing with dependent and neglected 

children to determine your question. 

Jurisdiction~over dependent and neglected 

children is vested in the district court. Arts. 

2330-2337, V.C.S. Article 2331 reads: 

"Any person who is 'a resident of the 

county, having knowledge .of a child in his 

county who appears to be a 'dependent' or 

'neglected' child may file with the district 

clerk of his county a written petition, setting forth the facts constituting the child 

'dependent' or 'neglected;' which petition 

shall be verified 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 or parents of such child, 

if known, and their residence; and if such 

child has no parent living, then the name 

and residence of the guardian of such child, 

if it has one." 

Article 2333 provides: 

"Upon such hearing 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,' its residence, and, as 

far as possible, the whereabo,uts of Its 

parents or near adult relatives, when and 

how long the child had been maintained, in 

whole or in part, by private or public charity, the occupation of the parents, if living, whether they,are supported by the 

public or have abandoned the child, and 

to ascertain, as faras possible, if the 

child is fo,und dependent, the cause thereof. The court may compel the attendance 

of witnesses 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 In any such examination in behalf of the petition. It shall 
Hon. Austin F. Anderson, page 4 (v-1446) 

be the duty of the county attorney of such 

county, upon the request of then court or 

any petitioner, to file a petition and to 

conduct any necessary proceedings in any 

case within the provisions of this title." 

The co~unty juvenile board has general supervision of a nonjudicial nature over ,dependent and neglected children, and has the power to 'direct one of 

the probation officers of said Bo~ard to file complaint 

against such child in some court of such county having 

jurisdiction to hear and determine such complaint." 

Art. 5140, V.C.S. This article also confers upon the 

board or itsmembers the authority to "be present at 

such hearing, either in person or by one or more of 

its probation officers, and make such inquiry concerning such child as may be proper under the established 

rules of procedure 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 or more which 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 shall have a,uthority and 

it shall be their d,uty to make investigations 

of all cases referred to them as such by such 

Board; to be present in court and to represent the interest of the juvenile when the 

case is heard, and to furnish to the court 

and s~uch Board any information and assistance as such Board may require, and to take 

charge of any child before and after the 

trial and to perform such other services 

for the child as may be required by the 

court or said Board, and such juvenile officers shall be vested with all the power 

and authority of police officers or sheriffs 

incident to their offices. 

"The clerk of the court shall when 

practicable, notify such j,uvenile officer 

when any juvenile is to be brought before 

the court. It shall be the d,uty of such 

juvenile officer to make investigation of 

. 
Hon. Austin F. Anderson, page 5 (v-1446) 

any such case, to be present in court to 

represent the,interest of the juvenile when 

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 1 of Article 5142a requires the appointment of a chief probation officer by the county 

juvenile board in counties having a population of more 

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 

,until the statute was amended in 19 f 9. 

We have,been unable to find any authorities 

relative to the question involved. While your factual 

situation is not free from doubt we are impelled, by 

reason of the language contained in the above statutes, 

to the conclusion that it is not the duty of the office of Criminal District Attorney to investigate dependent and neglected children's cases. 

It appears from the above statutes that the 

County Juvenile Board of Bexar County is required to 

appoint a chief probation officer, who may be furnished 

with assistants to help 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 

of Article 5140 authorizing 'such inquiry . 0 0 as 

may be proper under the established rules of the 

court' is not entirely clear. However, when taken 

with the other statutes dealing with the j,uvenile 

board's supervisory powers, itis'our opinion that 

the inquiry is not limited to inquiry at the hearing 

before the court, b,ut was intended to include all 

proper investigations and inquiries into matters 

affecting the welfare of the child. 

Article 5142 makes further provision for 

the d,uties of "j,uvenile officers" with respect to 

dependent and neglected children. This statute authorizes, but does not require, the appointment of 

a juvenile officer in Bexar County. We have not 

been informed whether Bexar County maintains both 

a "probation officer" and a "j,uvenile officer," and 
Hon. Austin F. Anderson, page-6 (v-1446) 

we are not here expressing an opinion as to whether 

it would be proper for the co,unty to maintain both 

officers. 

ficer' and 

However, 

"juvenile 

while 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. It wo,uld follow that Article 5142, 

as well as Article 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 In Bexar County should be conducted by the 

juvenile authorities rather than by the Criminal 

District Attorney. True, Article 2333 requires the 

filing of a petition by your 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 'that the county'attorney' (or ciminal 

district attorney) 'shall be required to do those 

things necessary to an orderly conduct of the proceedings at the hearing before the court. 

Based upon the foregoing, we agree with you 

that the duty of 'conducting investigationsfor the 

juvenile court of Bexar County in dependent and neglected cases is that of 'the juvenile officers and not the 

office of Criminal District Attorney. 
-. . 

Hon. Austin F. Anderson, page 7 (v-1446) 

SUMMARY 

The duty of conducting investigations 

in dependent or neglected children's cases 

In Bexar 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