QEWice of the f4ttornep General 

iibtate of Qexae 

September 141991 

Mr. Ron Jackson 

Executive‘Director 

Texas Youth Commission 

P. 0. Box 4260 

Austin, Texas 78765 

Opinion No. DM-38 

Re: Whether persons between the ages 

of 18 and 21, and under the supervision of 

the Texas Youth Commission, may be 

detained in local juvenile detention 

facilities (RQ-2147) 

, 

Dear Mr. Jackson: 

You have requested our opinion as to whether an individual between the 

ages of 18 and 21, and under the supervision of the Texas Youth Commission 

(hereafter TYC). may be detained in local juvenile detention facilities. 

In 1985, the legislature amended the statutes governing the TYC to increase 

the upper age limit for TYC jurisdiction from 18 to 21. Acts 1985,69th Leg., ch. 45, 

3 1, at 435. This extension of jurisdiction was accomplished by amending two 

portions of what is now the Human Resources Code. Section 61.001 now provides, 

in part: 

In this chapter: 

. . . . 

(6) ‘Child’ means a person 10 years old or older and 

under 21 years old who is committed to the commission under 

Title 3, Family Code. 

Section 61.084(c) now provides: 

(c) The commission shah discharge from its custody a 

person not already discharged or transferred on his or her 21st 

birthday. 

As part of the same bill, section 54.05(b) of the Family Code was amended to read: 

P- 187 
Mr. Ron Jackson - Page 2 (DM-38) 

(b) Except for a wnwnittnent ,to the Taus Youth 

Commiwion, all dispositions automatically terminate when the 

child reaches his 18th birthday. 

Acts 1985,69th Leg., ch. 45,s 3, at 435 (emphasis added). 

Chapter 51 of title 3 of the Family Code was not, and has not been, amended, 

however, to conform to these 1985 amendments. Section 51.02 still defines “child” in 

a manner which is inconsistent with chapter 61 of the Human Resources Code. 

In this title: 

(1) ‘Child’ means a person who is: 

(A) ten years of age or older and under 17 years of 

age; or 

(B) seventeen years of age or older and under 18 

years of age who is alleged or found to ‘have engaged in 

delinquent conduct or conduct indicating a need for supervision 

as a result of acts committed before becoming 17 years of age. 

Section 51.12(a) of the Family Code, also unamended in 1985, provides: 

Except after transfer to crimimd court for prosecution under 

Section 54.02 of this code, a child shah not be detained in or 

committed to a compartment of a jail or lockup in which adults 

arrested for, charged with, or convicted of crime are detained or 

wmmitted, nor be permuted contact with such persons. 

TYC is granted broad authority to contract with public or private agencies, 

including juvenile detention facilities operated by wunty juvenile boards, for the 

care and treatment of its wards. See Hum Res. Code 5 61.037. Pursuant to section 

61.084(c) of the Human Resources Code, the TYC has jurisdiction over juveniles 

between the ages of 18 and 21. The Family Code, however, does not categorize 

persons between the ages of 18 and 21 as juveniles, and explicitly prohibits the 

detention of juveniles under the age of 18 in the same compartment or lockup as 

adults. Thus, the problem arises whether the TYC can require juvenile detention 

facilities to care for its wards between the ages of 18 and 21. 

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Mr. Ron Jackson - Page 3 (DM-38) 

There Seems to be a dispute between the TYC and the Texas Juvenile 

Probation Commission as to what circumstances, if any, would cause or permit TYC 

to detain a person between the ages of 18 and 21 other than his arrest for a aiminal 

offense. We need not resolve those questions here. Roth because of the limited 

definition of “child” in the Family Code and the specific prohibition of section 51.12 

thereof, persons under the age of 18 may not be housed in the same compartment of 

a facility as, nor be permitted regular contact with, any individtnd between the ages 

of 18 and 21, whether or not they are TYC wards, if such individuals have been 

arrested for, charged with, or convicted of a crime. This does not mean that such 

individuals may not be housed~ in the same fe as juveniles. It means merely that 

they may not be confined in the same cell or compartment of ,a facility, or be 

con&ted in such proximity as to permit regular contact with juveniles. Thus, TYC 

wards between the ages of 18 and 21 may not be, under any circumstances, housed 

in a compartment of a facility, or permitted regular contact, with any “child” as 

defined by section 51.02 of the Family Code. If on the other hand, such TYC wards 

have not been arrested for, charged with, or convicted of any crime, they may be 

housed in a juvenile detention facility in compartments with juveniies and may have 

contact with juveniles. 

SUMMARY 

A ward of the Texas Youth Commission between the ages of 

18 and 21 who has been arrested for, charged with, or convicted 

of any crime may under no circumstances be housed in the same 

compartment of a facility as, or permitted regular contact with, 

any “child” as defined in section 51.02 of the Family Code. 

DAN MORALES 

Attorney General of Texas 

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Mr. Ron Jackson - Page 4 (DM-38) 

WILL PRYOR 

First Assistant Attorney General 

MARYKELJXR 

Executive Assistant Attorney General 

JUDGEZOLUE STEAKLEY.(Ret.) 

Special Assistant Attorney General 

RENEAHKKs 

Special Assistant Attorney General 

MADELEINE B. JOHNSON 

Chair, Opinion Committee 

Prepared by Rick Gilpin 

Assistant Attorney General 

p. 190