EXAS

April 10, 1964

HonorableHenry Wade OpinionNo. C-e41 DistrictAttorney 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 followingquestions:

"(1) Is it the responsibility of the Juvenile Court of Dallas County,Texas to secure fi?ant7medical orders for all juveniles w ere %e consent of parent or guardian F? is not obtainabledue 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 grantingmedical orders for minors? (3) Does the Juvenile Court of Dallas County, Texas have jurisdiction to issuemedical orders for all minors to and Includingthe age of 21 years; or Is such jurisdictionlimited to boys to the age of 17 years and girls to the age of 18 years?”
By the term "medicalorder’ we understandyou to have reference to the order grantingpermissionto carry out medical and surgicalprocedureson minor children, such order being granted in place of the normal parentalpermissionwhich is necessary in dealingwith 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 concurrentwith the District Courts in Dallas County of all cases involvingadoptions,removal of disabilityof minority and coverture, wife and child desertion,delinquent, neglected or dependent child proceedings, ReciprocalSupport Act and all jurisdiction, powers and authority now or hereafterplaced in the District or County Courtsunder the juvenileand child welfare laws of this State; and of all divorce and marriage annulment cases, includingthe adjustmentof 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 annulmentproceedingsas well as independent actions Involvingchild custody or support of minors, change of name of persons; and all other cases involving justiciablecontroversies and differences

between spouses,or between parents, or between them, or one of them, and their minor children,which are now, or may hereafterbe, within the jurisdiction of the District or County Courts; and all cases in which childrenare alleged or charged to be dependentand neglected children or delinquent children as providedby law. All cases enumerated or includedabove may be lnsti$utedin
or transferredto the Juvenile Court.

It is clear from the foregoing statutes that the Juvenile Court Is authorizedto take jurisdictionof minor childrenunder any of the circumstances enumeratedabove. If the circumstances

of the individualcase warranted it, the child could be made a ward of the Court,under the authorityand rationale of Article 2338-1, Sections 1 and 2, Vernon's Civil Statutes,which read as follows::

"Section1. The purpose of this Act is to secure for each child under Its jurisdiction such care, guidanceand control,preferably in his own home, as will serve the child'swelfare and best interestof 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 equivalentto that which should have been given him by his parents.
The principle is hereby recognized that childrenunder the jurisdictionof the Court are wards of the state, subject to the disciplineand entitled to the protection of the state, which may intervene to safeguard them from neglect or Injury and to enforce the legal obligationsdue to them and from them.

"Sec. 2. This Act shall be liberally construed to accomplishthe purpose herein sought."
When the jurisdictionof 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'swelfare as to protect him from neglect or Injury. Such provision necessarilyincludes.the authorityand duty to act In loco parentiswith regard to the child"s physical or mental health.

Your second questionasks if any other Cou,rt has the authorityand 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 transferredto the Juvenile Court created by this Act.

. .A11 District Courts of Dallas Countymay 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 hereafterbe authorizedby law for all District Courts of Dallas County." (Emphasisadded)
The plain words of the Act reveal that any DistrictJudge in Dallas Countymay exercise the authority,ofthe Juvenile Court Judge in the event of his absence or disability.

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

Your third questionasks whether the jurisdiction of the Juvenile Court to issue medical orders extends to all childrenup 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-oneyears of age who have never been married, except persons under that age whose disabilitiesof minority have been removed generally,except as to the right to vote, in accordancewith the laws of this State." Texas 'ProbateCode, Sec. 3 (t), Vernon's Civil Statutes. The case law in this area has been directedat 'the problems of delinquent minors and the criminal statutes,and we are not here concernedwith that aspect. There being no case law in point, we must interpret the statute itself.

Article 2333-9, which establishesthe JuvenileCourt of Dallas County, frequentlyrefers to "minors)"without defining the term. The jurisdictionof the Court extends to every aspect,ofminority, and is not limited, to the delinquentchild. We must, therefore, look to the general definitionof a "minor" in determiningthe limits of the Court's jurisdiction. Since the general definitionof a minor includes anyone under the age of twenty-one,it must be concluded that the Juvenile Court's jurisdictionin matters concerninga 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 securemedical~ordersfor ali juvenileswho 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 involvedhas 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 finhis stead.
The Judge of the Juvenile Court of Dallas County has jurisdictionto issue medical orders for all minors up to the age of twenty-oneyears, if such minor is a ward of the Court.

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

Yours very truly,

WAGGONER CARR Attorney General 

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Assistant MLQ:ms:mkh

APPROVED: OPINION COMMITTEE

W. V. Geppert, Chairman Howard Fender Lloyd Martin Robert Smith Jerry Brock

APPROVEDFOR THE ATTORNEY GENERAL BY: Stanton Stone

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