April 23, 1971

Honorable Naomi Harney County Attorney Potter County Courthouse Amarillo, Texas 79101

Dear **Miss** Harney: Opinion No. M.-a43
Re: Authority of Potter County tocontract with, or employ personnel to work with, a non-profit agency for rehabilitation of juvenile delinquents.

You have requested an official opinion 

### fromthis office concerning the twoquestions which are specifically set out as follows: "1. Whether Potter County can contract with Kids Incorporated to furnish, for fees, special services to youngsters who have been in trouble and are assigned to Kids Incorporated by the Juvenile Probation Department 

### for itsassistance in involving the child in special activities such as improvement of schoolwork, recreation, family counseling, boy scouts andgirl scouts, church work, etc. "2
. Whether Potter county Commissioner's Court can employ aperson to be under the supervision of the Commissioners' Court or Potter County Probation Officer towork with Kids Incorporated to assistwith children who have been in trouble and thosewho have been placed on probation and assigned toKids Incorporated byJuvenile Probation Department for special assistance and special supervision." Factually youhave furnished uswith the following:

### Hon.NaomiIlarney, page2 (M-U43)

, "Kids Incorporated is a non-profit organization with ayouth program and made up largely of voluntary workers. It is financed by a small feepaid by the United Fund and theCity ofAmarillo
... 

### “Onedivi.sionisbasically designed to serve as avolunteer probation department for Potter County. Youngsters who are adjudged tobe introuble are assigned to Kids Incorporated by the Potter County Juvenile Probation Department and this division gives special attention to these children
..." (Emphasis added.)
Aswe view the matter presented by you, the basic differe:-.k:+ between the services sought to be obtained by the County in reg:;? to the care and special supervision of the juvenile delinquents who have been placed onprobation isthat your first question proposes an employment by the county of anon-profit agency fo- -k? furnishing of such services by the agency, while your second question proposes only the employment of aperson by the count: to assist such juvenile delinquents who have been assigned to such non-profit agency. In the first instance the county would furnish payment for the care and supervision of such children by the agency, and in the second, the county would furnish only the person employed toassist the agency. It seems clear that both of these proposed contracts are amply authorized by the following provisions of law: Article 2338-1, Section 13,Vernon's Civil Statutes, provixes inpertinent part as follows:

II

... "(c) If the judge or jury finds that the child isdelinquent, or otherwise within 

### theprovisions 

### of thisAct, the Court 

### may by order duly entered proceed 

### as follows: (1)place the child onprobation or under supervision inhis own home or in the custody of a relative or other fitperson, upon such terms as the

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### Naomi Harney, page 3 (M-843)

court shall determine (2)commit the child to a suitable public institution or agency or to a suitable private institution or aqency authorized to care for children: orplace the child in a suitable family home orparental home for an indeterminate period of time, not extending beyond the time the child shall reach the age of twenty-one years; (3)make such further disposition as the court may deem to be for the best interest of the

except as otherwise provided.' (Emphasis added.) Article 2338-1, Section 11,Vernon's Civil Statutes, provides inpertinent part as follows:

11

. . .The court may make ageneral order desiqnatinq such places of detention which may include private foster orboarding homes for children, or **such** other places of detention which to the court seem desirable. The County Commissioners' Court may pay for boardinq or foster home care for such children to be detained, or all children coming within the meaning of thisAct whether prior to, or after the child has been adjudged a 'delinquent child'." (Emphasis added.) Article 2338-3, Section 8,Vernon's Civil Statutes, provides inpertient part as follows:

"The Judge of the Court of Domestic Relations shall have authority to appoint such juvenile officers, juvenile probation officers and investigators asmight be deemed necessary to theproper administration of its jurisdiction **in** Potter County, provided such appointments are approved by the Commissioners' Court of such county ...'I Whether the agency or tileperson so employed to aid the agency would be under the supervision of the Potter County Probation Officer would be within the discretion of the Judge of theCourt of Domestic Relations of Potter County with the approval of the Commissioners' Court. This office has upheld the authority of

### Hon.NaomiHarney.page4 (M-%43)'

the county to contract with others to carry out its statutory duties toprovide forpublic orgovernmental purposes. Attorne? General Opinions No. M-605 (1970)and M-678 (1970).
In conclusion, we point out that inarriving at our holdint, that the county is authorized by law tomake such contracts, we 

### have taken into consideration theprohibition of Section 52of Article III of theTexas Constitution, in regard to a loan of credit or grant of public money by the County toan individual, association or corporation. Webelieve that the contracts in question, so long as they are limited to statutory authorizatio::. are not such as those that areprohibited by the Constitution ir that the services tobe received by the county in return for th(? sums tobe expended therefor by the county are such as to come within the scope of authorized county business, involving "Quid Pro Quo" as to the county, and the payments therefor 

### arenot gratuitous in any sense. See, for example, Articles 5138 and 5143f, Vernon's Civil Statutes, which would authorize counties to establish facilities for supervision of children in the prevention or cure of delinquency. Attorney General opinions No. 6125 (1944)and O-7102 (1946). The constitutional prohibit? has been held inapplicable where agovernmental or public purpose for the expenditure exists. Weaver v. Scurry County, 28 S.W.83; (Tex.Civ.App. 1894); State v.City ofAustin, 160Tex. 348, 331 S.W.Zd 737 (1960);Attorney General Opinions No.V-1067 (1950), C-530 (1965), C-584 (1966),M-125 (1967) and M-138 (1967); 52 Tex. Jur.Zd 754-757, State ofTexas, Section 43.
SUMMARY
Potter County may contract with aprivate non-profit institution to expend public funds forpublic or governmental services rendered to the county in the care and supervision of juvenile delinquents committed to such institution by the Judge of the Court of Domestic Relations. The Judge of **the** Court of Domestic Relations of Potter County

### has authority, with

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### Hon.Naomi **Harney,** 

### page 5 (M-843)

**the** 

### approvalof the Commissioners' Court, to appoint such juvenile officers and juvenile probation officers asmight be deemed necessary to theproper administration of its jurisdiction in assisting **the** Juvenile Probation Department ingiving special supervision to juvenile delinquents on probation who areplaced inthe care of a non-profit institution.
Yours very truly,
CRAWFORD C.MARTIN Attorney General of Texas



### BYNOLA WHITE FirstAssistant Prepared by Sam Jones and R. L. Lattimore Assistant Attorneys General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Dan Green Jim Swearingen Rex White James Broadhurst
ALFRED WALRJZR Executive Assistant
mE F.GRIFFIN Staff LegalAssistant

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