WILL WILSON

*-rroRNEYGENER*BE July 19, 

# 1961

Honorable William Hunter DistrictAttorney 6gth Judicial District Dalhart, Texas

Dear Mr. Hunter: OpinionNo. WW-1093
Re: Whether Potter County retains jurisdictionof a delinquent childwho moved his residence to Dallam County where he is alleged to have committed another crime.
You have requestedthe opinion of this Department in connection with the above matter and have stated in your request the following:

"The childwas adjudged to be delinquent in Potter County,Texas, while he was residing in Potter County, Texas, and placed on probation. While on probation he moved with his family to Dallam County,Texas, and has recentlybeen arrested in connectionwith an alleged subsequentoffense of theft. He has been referred to Potter County since he is under probation in Potter County, and Potter County and Potter County officialshave refused to accept him stating (1) The subsequent offensewas committed in Dallam County and (2) His home is in Dallam County and, therefore, they have no jurisdictionover him. Under the facts stated does Potter County have jurisdictionover the subject for the purpose of revoking his probation or entering such other orders as may be necessary resulting from the subsequentviolation?"
We believe that the answer to your question is found in the related statutes. 'Section 5 of Article 2338-1,Vernon's Civil Statutes, is quoted a8 follows:

"The Juvenile Court shallhave exclusive original jurisdiction in proceedingsgoverning any delinquent child,and such court shall be deemed in sessionat all times.

"When jurisdiction shall have been obtainedby the court in the case of any child, such child shall continueHon. William Hunter, Page 2 

# (~-1093 1

under the jurisdictionof the court until he becomes twenty-one (21)years of age, unless dischargedprior thereto; such continued jurisdiction shall,however, in no manner prejudice or constitutea bar to subsequent or additionalproceedingsagainst such child under the provisions of this Act." (Emphasisadded.) Section 6 of Article 2338-1,V.C.S., in providing for a transfer of cases from one Juvenile Court to another Juvenile Court reads as follows:
"A transfer may be made of cases from one Juvenile

Court to another Juvenile Court where a childunder the jurisdictionof one Juvenile Court has moved from one countyto another, and where it is to the best interest of such child so to do. The Juvenile Court having jurisdictionof a childmay transfer the case to the Juvenile Court of the county in which the child is presently residing,and shall send transcripts of records to the Judge of the other court,which shall be filed in the office of the clerk of such c~urt.~ (Emphasisadded.) Once jurisdiction is established the Juvenile Court of the county maintains continuing jurisdictionover such child and may enter such orders as in its discretionare for the best interestof the child. The courtmay enter ordersplacing the child on probation or "committhe child to a suitablepublic institutionor agency or to a suitableprivate institution or agency authorizedto care for children; or to place them in suitable family homes or parental homes for an indeterminateperiod of time, not extendingbeyond the time the child shall reach the age of twenty-one (21) years;" or "make such further dispositionas the courtmay deem to be for the best interestof the child,
. . ." Sec. 13,Art. 2338-l.

Section 6 of Article 2338-1, supra, is a permissive law and not a mandatory one and as to whether or not the child shouldbe transferred to another Juvenile Court in another county is within the sound discretion of the court.

Venue of the Juvenile Court is stated in Section 7-A of Article 2338,V.C.S., as follows:

"The petition referred to under Section 7 of this Act may be filed in the Juvenile Court of the county of residence of said child or of the countywhereinthe acts constituting said child a delinquent child were 'committed." (Emphasisadded.)Hon. William Hunter, Page 3 (WW-1093)

Article 2338-3, as amended in 1951, provides for the creation of the Court of DomesticRelations in Potter County. From information suppliedby you the subject child is under the jurisdictionof the Court of DomesticRelations for Potter County.

The Juvenile Courts and the Court of DomesticRelations are governedby the Child Welfare laws of this state and their activities are co-ordinatedwith ttit of the Texas Youth Council. Through the coordinated efforts of those that have jurisdictionover a delinquent child, provisionsare made in proper cases to transfer said delinquent child to a proper State Juvenile Training School.

The transfer of delinquency casesbetween Juvenile Courts is discussed in 19 Tex.Jur.2d 601, DelinquentChildren, Sec. 52. It is statedtherein that the transfer of delinquencyproceedingsbetween Courts of DomesticRelations is also provided.

This Departmenthas not written an opinion directly in point on your question. However, ins OpinionNo. O-6149 it was said:
"We have come to the conclusionthat there is no questionbut that Section 7-A of Article 2338-1, supra, gives exclusivevenue to either (1) the county of actual residence of the child, or (2) the countywherein the acts constituting said child a delinquent childwere committed;that the venue statute in theft cases generally (Article 197, C.C.P., supra) is limited to criminal prosecutions;that a juveniledelinquency case is a civil proceedingand not a criminalprosecution."
We'are enclosing a copy of such opinion for your information. We, therefore,are of the opinion that the jurisdiction of the delinquent child is retainedby the Potter County Juvenile Court, which court may in its discretiontransfer the case to the Dallam County Juvenile Court where proceedings could be had on the alleged offense committed in Dallam County. On the other hand the court in Potter County may retain jurisdictionfor the violation of his probation and render such orders as in the circumstancesare justified.

SUMMARY
Potter County Juvenile Court, which has declared a child a delinquent,retains jurisdictionof the childwho has removed to another county and violated his probation or Potter County could transfer its jurisdictionto the Juvenile Court of Dallam County, Texas.Hon. William Hunter, Page 4 (NW-1093)

Very truly yours, WILL WILSON Attorney General of Texas

Harris Toler AssistantAttorney General HT/br APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Ralph R. Rash Pat Bailey Watson C. Arnold Milton Richardson
REVEIWED FOR THEATl'ORNEY GENERAL BY: Morgan Nesbitt