OFFICE OF THE A-ITORNEY GENERAL OF TEXAS ’

i AU- --ls= Q.0,

l;rse Violet 9. Greenhill, Chief Dlvisi~n of Child xelrare stats Departiaent or i?ublic Austin, Texas Dsarlfrs. Greenhillr

This department h r oplnlon. Y.-equote the ;ert request ror an 

### r0u0wsI r,your letter as

bond required for such t or brought into Texas been given in confoinity andin co$‘orzity with

‘;tates Co.mlttee for the caze of European children, that the children brought to ‘&is oountry will Lot becone a ?ubllo charge? *The imediate need for your 0pid.0n in this netter has arisen out of a request from a Texas resident VisitirE: in NewYork. This individual has asked to be advised of theyrs. Violet 9. Greenhill, Page 2

2’ formalities required,, under Taxas law, to bring a refugee child to this State to live

, in his homefor the duration of the Xar. ~e+a~eHatte.ching a copy of this let+.er.

. The letter to which you refer in the final paragraph of the foregoing, reads:

mA Client oi mine, who is a resident 0r your state, end whois in this city at the present time, is desirous of taking with hima refugee child nowin the Chited States andto give the child a hone gratuitously with himself andhis raaily for the duration of the war.

“1 would appreciate it very muchif you would advise mewhether any preliminary formalities must be met vjith before the child can be madea resident of your state.

“1 wish to repeat that the child is nowlawfully in ,tierica, andmyclient, out of the kindness of his heart, wants .to give himall the necessaries of life, andhave the child live with himuutil he Can,be sent back to his ownpareqts abroad.*

, TheActs of 1931, 42nd Legislature, Senate F&11,No. 375, Chapter 194, Fage 323, or,ated the Division of Child Uelfare in the Board of Control and defined, its rUW2tiORS as r0110wst

sec. 2. “It shall be the duty of the Board to promote through the Child Y:elfare Division the enforcessnt of all laws for the proteotion, of defective, illegitimate, deP endent, neglected and delinquent children * * andto take the initiative in all matters Involving the interest of such children where adequate provision therefor has not already been nade.” Sections 0and 70r that Act areincorporated in Ve~rnon’s Annotated Penal Code as titicle 606a. That Article provides:‘

. yrs. Tliolet 9. Greenhill, Page 3

,.i I..’ QArt. 606a. ’ Bringing child into state for placing out or adcytion without consent i of State Board or Control

*Sec. 0. It *shall be unlaxfkl ror any person, for timself or as agent or re?resentative of another, to bring or send into this Sta.te any child below the age of sixteen (16) years for the Qurpose 0r placing him out or proouring his adoption without first having obtained tha consent of the State Board or Control, which maybe lcaas by application directly to the Board of Control, or through the County Child Xelfsre Board. Said consent shall be given on a regular rors to be prascribed by the Board of Control snd noperson shall bring any such child into this State without such permit andwithout having filed with the Eoard of Control a bond payable to the State, JZIa form to be prescribed by the Attorney Genaral, and apgroved by the Board in the penal sumof OneTho;lsand ($l,OOO.OOj

..,Dollars, conditioned that the:Person bringing or sending such child into this State u-i.11 not send or bring any child \*ihO is incorrigible :,or unsound of mind or budy; that he v:ill re- .:move any such child whybecomes a public charge or pay the eqe.lse of removal of such ’ charge, who, in the opi’nion of the Board of Control, beccaes a menc:e to the oozmunity prior to this adolMon or becoming of legal age; that hewill place the child under a written contract approved by the County Child Welfare Board and the Board of Control; and that the person with whomthe child Is ?l+zed shall be responsible for his proper care and training. Before any child shall be brought or sent into the State for the purpose of placing himin a foster home, the person ao bringing or sendin: such child shall first notify the Eoard of Control of his intention and the Board of Control shall ifrzedietely notify the County Child :;elfarz Board, who shall makea report to the Board of Control on the person whomit is indicated will have oharge of the child, and shall obtain from c 

## 73s

__.-us. Violet S. Greenhill, Page 4



### theBoard of Control a Certificate stating that such homeis, :ondsuch person or persons fn charge, are in the opinion of the Board of Control, -uitsble to have charge ?? such .~. ohlld

. Suohnotification shall state the name, age and description of the child, the nameand address of the person to whomthe sameis to be placed, andsuch other iniornation as maybe required by the Board of Control, and the mm shKL1be sworn to by such~ Qerson. The 3oard of Control shall require the person sending said child into this State, or the person whois in charge of the same after he has beon brought here, to makea report at certain stated times, snd in the event such reports are not mde suc,h.Board shall be authorized to deport said child from this State and the expenses thereof shall be recovered under said bond; provided, however, tha~tnothing herein shall be deened to prohibit a resident of this State from bringi= into the State a relative OF child for adoption into his ownfamily. The 5oard of Control and Child Zelfare Eoards shall not allo:? minors to come into and be brought into this State in violation of this Act. 

## .:- -.-739

“Sec. 7 If any’person shall bring into : this State OSdirect, conspire, or cause to
‘,e brought into or San’:.into this State any ehlld in violation of the foregoing section, he shall be guilty of amisiemearxr and upon

I conviction therzof 33211 be r’ined in a sum

not less than Twenty-five ($25.00) Dollars nor more than OneThousand ($l,OOO.CO) Dollars, or by confineaent in the County Jail not exceeding t:%;elvemonths, or by both such rim andimprisonment, Acts 1931, 42nd Leg., Q. 323, ch. 194.” Thelanguage of Article G06a, supra, is not aabiguOUS. Bythe passage of this .Ict, the Legislature sought to correct an existing evil; caoely, the importation of defective, illegitimate, dependent, neglected, or delincuect children Into this State by irresponsible persons or agencies. XOre than frequently, these children becme yublic charges and OCcassioned an overcrowded condition in our State Institutions. (See Seotion 14 of the Act).. .



### ,Llrs. Viol&tS.Oreenhill,Fage5

TheLegislature qualified the application of this statutory provision, however, to those persons or agencies whobring or send children under sixteen (IS) years of age into the State for the purpose of “plhctng themoutWor wyrocuring their adoption.” In the instant case, a person desires to bring a refugee child into this State and provide it with all the necessities of life and have the child live with him.k bzLsQKYL ~JUIUX wP.U Q-..&~II.,~ =&Yu&wti% +Jn-e ahild’s return to his rightful parents.

In 

### thedescribed situation, nobond need be made for reason there is neither a “plaoing out* nor the procurement of an adoption.

In the event there is a “placing out’ or the procurement of an adoption, the provisions of Article 606a, supra, nust be set and conplied with for there is no evident exemption of 

### warrefugeeahfldren. TheAct applies to *any child below the age of sixteen (16) * * *.*

Wetrust that the foregoing answers your inquiry. Yours very truly ATTORNEY

GEFiEE.L

CBTEXkS

Wm.J. Fan-~

Lng 

### Ass1&ant

GX:RS ARPROVmS= 30, 1S40