WILL WILSON 

*-rroRNEYGENER*BE 

July 19, 1961 

Honorable William Hunter 

District Attorney 

6gth Judicial District 

Dalhart, Texas 

Dear Mr. Hunter: 

Opinion No. WW-1093 

Re: Whether Potter County retains 

jurisdiction of a delinquent 

child who moved his residence 

to Dallam County where he is 

alleged to have committed 

another crime. 

You have requested the opinion of this Department in connection 

with the above matter and have stated in your request the following: 

"The child was 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 recently been arrested in connection with an alleged subsequent offense of theft. He has been referred to Potter County since he is under probation 

in Potter County, and Potter County and Potter County 

officials have refused to accept him stating (1) The 

subsequent offense was committed in Dallam County and 

(2) His home is in Dallam County and, therefore, 

they have no jurisdiction over him. Under the facts 

stated does Potter County have jurisdiction over the 

subject for the purpose of revoking his probation or 

entering such other orders as may be necessary resulting from the subsequent violation?" 

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 shall have exclusive original 

jurisdiction in proceedings governing any delinquent 

child, and such court shall be deemed in session at 

all times. 

"When jurisdiction shall have been obtained by the 

court in the case of any child, such child shall continue 
Hon. William Hunter, Page 2 (~-1093 1 

under the jurisdiction of the court until he becomes 

twenty-one (21) years of age, unless discharged prior 

thereto; such continued jurisdiction shall, however, 

in no manner prejudice or constitute a bar to subsequent or additional proceedings against such child 

under the provisions of this Act." (Emphasis added.) 

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 child under 

the jurisdiction of one Juvenile Court has moved from 

one county to another, and where it is to the best 

interest of such child so to do. The Juvenile Court 

having jurisdiction of a child may 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.~ 

(Emphasis added.) 

Once jurisdiction is established the Juvenile Court of the county 

maintains continuing jurisdiction over such child and may enter such orders 

as in its discretion are for the best interest of the child. The court may 

enter orders placing the child on probation or "commit the child to a 

suitable public institution or agency or to a suitable private institution 

or agency authorized to care for children; or to place them in suitable 

family homes or parental homes for an indeterminate period of time, not 

extending beyond the time the child shall reach the age of twenty-one 

(21) years;" or "make such further disposition as the court may deem to 

be for the best interest of 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 should be 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 county whereinthe acts constituting said child a delinquent child 

were 'committed." (Emphasis added.) 
Hon. William Hunter, Page 3 (WW-1093) 

Article 2338-3, as amended in 1951, provides for the creation 

of the Court of Domestic Relations in Potter County. From information 

supplied by you the subject child is under the jurisdiction of the Court 

of Domestic Relations for Potter County. 

The Juvenile Courts and the Court of Domestic Relations are 

governed by the Child Welfare laws of this state and their activities 

are co-ordinated with ttit of the Texas Youth Council. Through the coordinated efforts of those that have jurisdiction over a delinquent child, 

provisions are made in proper cases to transfer said delinquent child to 

a proper State Juvenile Training School. 

The transfer of delinquency cases between Juvenile Courts is 

discussed in 19 Tex.Jur.2d 601, Delinquent Children, Sec. 52. It is 

stated therein that the transfer of delinquency proceedings between 

Courts of Domestic Relations is also provided. 

This Department has not written an opinion directly in point 

on your question. However, ins Opinion No. O-6149 it was said: 

"We have come to the conclusion that there is no 

question but that Section 7-A of Article 2338-1, supra, 

gives exclusive venue to either (1) the county of actual 

residence of the child, or (2) the county wherein the 

acts constituting said child a delinquent child were 

committed; that the venue statute in theft cases generally (Article 197, C.C.P., supra) is limited to criminal 

prosecutions; that a juvenile delinquency case is a 

civil proceeding and not a criminal prosecution." 

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 retained by the Potter County Juvenile Court, which 

court may in its discretion transfer 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 jurisdiction for the violation of his probation and render 

such orders as in the circumstances are justified. 

SUMMARY 

Potter County Juvenile Court, which has declared 

a child a delinquent, retains jurisdiction of the 

child who has removed to another county and violated 

his probation or Potter County could transfer its 

jurisdiction to 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 

Assistant Attorney 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