EXAS 

April 10, 1964 

Honorable Henry Wade Opinion No. C-e41 

District Attorney 

Records Building Re: Responsibility of the 

Dallas 2, Texas Juvenile Court of Dallas 

County tograntmedical 

orders for juveniles in 

certain circumstances, 

Dear Mr. Wade: and related questions. 

You have requested the opinion of this office as to 

the following questions: 

"(1) Is it the responsibility of the 

Juvenile Court of Dallas County, Texas to 

secure fi?ant7 medical orders for all juveniles w F? ere %e consent of parent or guardian 

is not obtainable due to death, desertion, 

etc., when they are not wards of the Court? 

(2) In the event the Judge of the 

Juvenile Court Is not available, what other 

Court or Courts, if any, have the authority 

and responsibility of granting medical orders 

for minors? 

(3) Does the Juvenile Court of Dallas 

County, Texas have jurisdiction to issue medical 

orders for all minors to and Including the age 

of 21 years; or Is such jurisdiction limited to 

boys to the age of 17 years and girls to the age 

of 18 years?” 

By the term "medical order’ we understand you to 

have reference to the order granting permission to carry out 

medical and surgical procedures on minor children, such order 

being granted in place of the normal parental permission which 

is necessary in dealing with minors. 

-1165- 
Hon. Henry Wade, page 2 (C-241 ) 

We will answer your questions in the order propounded. 

The jurisdiction of the Juvenile Court of Dallas County 

is set forth in Article 2338-9, Section 3, Vernon's Civil Statutes, which reads as follows: 

?he Juvenile Court shall have jurisdiction 

concurrent with the District Courts in Dallas 

County of all cases involving adoptions, removal 

of disability of minority and coverture, wife 

and child desertion, delinquent, neglected or 

dependent child proceedings, Reciprocal Support 

Act and all jurisdiction, powers and authority 

now or hereafter placed in the District or 

County Courts under the juvenile and child 

welfare laws of this State; and of all divorce 

and marriage annulment cases, including the 

adjustment of property rights and custody 

and support of minor children involved therein, alimony pending final hearing, ,and any 

or every other matter incident to divorce or 

annulment proceedings as well as independent 

actions Involving child custody or support of 

minors, change of name of persons; and all 

other cases involving justiciable controversies 

and differences between spouses, or between 

parents, or between them, or one of them, and 

their minor children, which are now, or may 

hereafter be, within the jurisdiction of the 

District or County Courts; and all cases in 

which children are alleged or charged to be 

dependent and neglected children or delinquent 

children as provided by law. All cases enumerated or included above may be lnsti$uted in 

or transferred to the Juvenile Court. 

It is clear from the foregoing statutes that the 

Juvenile Court Is authorized to take jurisdiction of minor 

children under any of the circumstances enumerated above. If 

the circumstances of the individual case warranted it, the child 

could be made a ward of the Court, under the authority and rationale of Article 2338-1, Sections 1 and 2, Vernon's Civil 

Statutes, which read as follows:: 

"Section 1. The purpose of this Act is 

to secure for each child under Its jurisdiction such care, guidance and control, preferably 

in his own home, as will serve the child's welfare and best interest of the state; and when 

-1166- 
Hon. Henry Wade, page 3 (c- 241 ) 

such child is removed from his own family, 

to secure for him custody, care and dlscipline as nearly as possible equivalent to 

that which should have been given him by 

his parents. 

The principle is hereby recognized 

that children under the jurisdiction of 

the Court are wards of the state, subject 

to the discipline and entitled to the protection of the state, which may intervene 

to safeguard them from neglect or Injury 

and to enforce the legal obligations due 

to them and from them. 

"Sec. 2. This Act shall be liberally 

construed to accomplish the purpose herein 

sought." 

When the jurisdiction of the Juvenile Court Is invoked, under any circumstances, and the Court sees fit to 

make the child a ward of%the Court, It then becomes incumbent 

upon the Court to make such provision for the child's welfare 

as to protect him from neglect or Injury. Such provision 

necessarily includes.the authority and duty to act In loco 

parentis with regard to the child"s physical or mental health. 

Your second question asks if any other Cou,rt has 

the authority and responsibility to issue medical ordersfor 

minors in the event that the Judge of the Juvenile Court is 

not available. Article 2338-9, Section 4, Vernon's Civil 

Statutes, reads as follows: 

"Immediately after this Act takes effect all cases now pending in the District 

Co,urt of Dallas' County, Texas, designated 

as.the Juvenile Court of said County, shall 

be transferred to the Juvenile Court created 

by this Act. . .A11 District Courts of Dallas 

County may likewise sit for, hear and decide 

cases pending In said Juvenile Court, as the 

sitting for, hearing and deciding of cases 

is now or may hereafter be authorized by 

law for all District Courts of Dallas County." 

(Emphasis added) 

The plain words of the Act reveal that any District Judge in 

Dallas County may exercise the authority,of the Juvenile Court 

Judge in the event of his absence or disability. 

-1167- 
Hon. Henry Wade, page 4 (C-241) 

Your third question asks whether the jurisdiction 

of the Juvenile Court to issue medical orders extends to all 

children up to the age of 2l:years, or whether such jurisdiction is limited to boys to the age of 14 years and,,girls to 

the age of 18 years. A minor has been defined as . . . all 

persons under twenty-one years of age who have never been married, except persons under that age whose disabilities of 

minority have been removed generally, except as to the right 

to vote, in accordance with the laws of this State." Texas 

'Probate Code, Sec. 3 (t), Vernon's Civil Statutes. The case 

law in this area has been directed at 'the problems of delinquent minors and the criminal statutes, and we are not here 

concerned with that aspect. There being no case law in point, 

we must interpret the statute itself. 

Article 2333-9, which establishes the Juvenile Court 

of Dallas County, frequently refers to "minors)" without defining the term. The jurisdiction of the Court extends to every 

aspect,of minority, and is not limited, to the delinquent child. 

We must, therefore, look to the general definition of a "minor" 

in determining the limits of the Court's jurisdiction. Since 

the general definition of a minor includes anyone under the 

age of twenty-one, it must be concluded that the Juvenile Court's 

jurisdiction in matters concerning a child's health and welfare 

extends to the age of twenty-ones , when the child is already a 

ward of the Court. Unless the child is a ward of the Court, however, the Court would not have the authority to act without first 

having assumed custody of the child under the pertinent statutes. 

SUMMARY 

It is the duty and responsibility of the 

Juvenile Court of Dallas County to secure medical~orders for ali juveniles who have been 

made wards of the Court. The Court has no 

authority to act in cases where the jurisdiction of the Juvenile CFourt has not been invoked and the child involved has not been 

made a ward of the Court. 

In the event the Judge of-the Juvenile 

Court is not available, any other District 

Judge of Dallas County has authority to act 

fin his stead. 

The Judge of the Juvenile Court of Dallas 

County has jurisdiction to issue medical orders 

for all minors up to the age of twenty-one years, 

if such minor is a ward of the Court. 

-1168- 
Hon. Henry Wade, page 5 (C- 241 ) 

Yours very truly, 

WAGGONER CARR 

Attorney General 

9ft%& 

Assistant 

MLQ:ms:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Howard Fender 

Lloyd Martin 

Robert Smith 

Jerry Brock 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-1169-