Honorable Charles J. Lieck, Jr. Opinion No. WW-1474 

Criminal District Attorney 

Bexar County Re: Whether a juvenile court, 

Courthouse after adjudging a minor 

San Antonio 5, Texas to be a delinquent child 

and placing said child in 

temporary custody of his 

parents, subject to the 

further orders of the court, 

has jurisdiction to have 

a fur~ther hearing after 

the minor has attained 

the age of 17 years and 

commit him to the custody 

Dear Mr. Lleck: of the Texas Youth Council. 

You have requested an opinion of this office in the 

above matter and in your request the following Is stated: 

"On April 24, 1962, Charles J. Lleck, Jr., 

Criminal District Attorney of Bexar County, Texas, 

filed his petition in 150th District Court of 

Bexar County, Texas, sitting as a Juvenile Court, 

asking that . . .be adjudged a delinquent child. 

The petition alleged that said child was born May 

5, 1945, and that the offense constituting such 

child a delinquent child was the burglary of a 

private house with intent to commit theft, and 

that such offense was of the grade of felony as 

definedby the Penal Code of Texas. Service of 

notice was requested on the parents of said child, 

and a fiat of the District Judge was attached to 

said petition. The date of the offense was alleged 

as April 18, 1962, and the notice of hearing was 

for April 26, 1962. 

"On April 26, 1962, in conformity with said 

fiat of said Judge an order was entered in said 

cause in which it is recited that a hearing was 

had on said date at which time the parents of said 

child, his attorney, and the child in person appeared in court, and at such hearing the court 
Hon. Charles J. Lieck, Jr., page 2 (WW-1474) 

found tha'the child at the time of such hearing 

was 16 years of age; was a delinquent child and 

'it is to the best interest-at 

he be placed, until final disposition of custody 

is made, in temporary custody of . . .I" (Emphasis 

added) 

"The order of the.courtrecited that the 

child Ibe and he is hereby placed, until final 

disposition of custody is made, in the temporary 

custody of . . .in San Antonio, Bexar County, 

Texas,- subject to the further orders of saidCourt.1 (Emphasis added) 

"On May 7, 1962, as shown by order of court 

signed May 10, 1962, another hearing was had at 

which hearing the child appeared in person with 

his parents, . . .and his attorney, the recitation being that the court having heard the evidence 

is of the opinion and finds that it is to the 

best interest of said child that he be committed 

to the care, custody and control of the Texas Youth 

Council of Austin, Travis County, Texas; and it 

was ordered that he be committedto such agency 

for an Indeterminate period of time not to exceed 

the time he shall have become twenty-one years of 

age and that he should be conveyed forthwith by 

the Chief Probation Officer of Bexar County to 

the Gatesville State School for Boys. 

order of 

mined to 

II II 

. . . 

The question to be answered is thus: Does an initial 

commitment to the Texas Youth Council of a minor deterbe a delinquent child, have to be accomplished berore 

said child reaches 17 years of age in case of a male and 16 years 

of age in case of a female? 

Article 2338-1, Section 3, Vernon's Civil Statutes, 

defines a delinquent child as ". . .any female person over the 

age of ten (10) years and under the age of eighteen (18) years 

and any male person over the age of ten (10) years and under the 

age of seventeen (17) years," and then proceeds to elucidate 

the circumstances which bring a person, in the above age groups, 

under the provisions of the statute. 
Hon. Charles J. Lieck,, Jr., page 

,~ 

Article 5143a, Section 

provides: 

3 wq-1474.1 

2, Vernon's Civil Statutes, 

"Any male person between the ages of ten (10) 

and seventeen (17) years who shall be lawfully committed to the State Juvenile Training School as a 

delinquent child, and not possessing any of the 

disqualifications hereinafter mentioned, shall be 

received as an inmate of said training school." 

Section 12 of Article 5143~ reads as follows: 

"When any child is' adjudged delinquent under 

the provision of Section 13 of Chapter 204 of the 

General Laws of the Re ular Session of the Fort - 

eighth Legislature 19 & 3, (Sec. 13, Article 233 8 - 

1, of Vernon's 1948 Statutes), and the Court does 

not release suoh child unconditionally, or place 

him on orobation or in a suitable nublic or nrivate institution or agency other 

Training School, the Court ,shal; 

the Council, but may suspend the 

the order of such commitment." 

Section 12 of Article 5143d 

same as the above quoted statute. 

From a perusal.of the above statutes, It can be 

said with certainty,, that a male 17 years of age or over and 

a female 18 years of age or over cannot be committed to the 

Juvenile Training Schools of this State, for the firsttime, 

at these ages, because they do not come within the age limits 

set forth in Article 2338-1, Section 3, sunra. These jurisdictional limits of age are mandatory and cannot be circumvented 

than a State 

commit him to 

execution of 

reads gubstantially the 

or altered by judicial action. 

Further a reading of the aforementioned statutes leaves 

no doubt that their clear and unambiguous meaning prohibits initial 

or first commitment to the Texas Youth Council of delinquent 

children after attaining the maximum age limit in each group. 

Therefore, we are of the opinion that the order entered 

on April 26, 1962, was not an order of commitment addressed to 

the Texas Youth Council and the order of Nay 7, 1962, entered after 

the subject child was 17 years of age, was a void and illegal commitment which the authorities of the Juvenile Training Schools must 

refuse to obey. 
- . 

Hon. Charles J. Lieck, Jr., Page 4 @W-14'74) 

Please be advised that our opinion pertains only 

to initial commitment and in no way affects recommitment after 

initial commitment Is lawfully obtained. 

Accept our thanks for the brief submitted in this matter. 

S UMMA.RY 

A juvenile court after adjudging a minor to 

be delinquentand placing said minor In temporary 

custody of his or her parents, subject to further 

orders of the court, has no jurisdiction to have 

a further hearing after the minor has attained 

the age of 17 years, in case of a male and the 

age of 18 years in case of a female and commit 

the said minor to the custody of the Texas 

Youth Council. An initial commitment order 

entered after a minor reaches the age of 17 

years in case of a male and the age of 18 years 

in case of a female, is void and illegal and 

the authorities of the Juvenile Training Schools 

must refuse to obey the said order. 

Sincerely, 

WILL WILSON 

Attorney General of Texas, 

0LB:mkh 

APPROVED: 

OPINION COMMITTEE 

J. C. Davis, Chairman 

Tom Peterson 

Malcolm Quick 

Grady Chandler 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore 

sistant