Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselorDM-0476
Abused or neglected, registered sex offender treatment provider must report suspicion that child has beenDM-0458
Adult patientís childhood, Family Code subsection 261.101(b) does not require professional to report abuse or neglect that professional believes occurred during an adult patient's childhoodGA-0944
Age of criminal responsibility, county may not hold non-binding referendum on absent specific statutory authorityLO94-091
Agency rule exempting short-duration programs from child-care facility licensing requirement is invalid as inconsistent with section 42.041, Human Resources CodeGA-0649
Alcoholic Beverage Code offense, justice and municipal courts have jurisdiction over minors forLO90-004
Alcoholic beverage offenses involving minors, jurisdiction of courts in Kerr and Lavaca countiesLO96-144
Alcoholic beverage offenses involving minors, justice and municipal court jurisdictionDM-0427
Alcoholic beverages, justice court's jurisdiction over minor's possession ofDM-0320
Arrested or detained student, authority of law enforcement agency to communicate information about arrest or detention to school officialsDM-0294
Autopsy required on child under six years of age who dies unexpectedly of unknown causes, county pays cost of as mandated by chapter 264 of Family Code and article 49.10 of Code of Criminal ProcedureLO98-122
Burial expenses, whether state agency, as permanent managing conservator, is responsible forLO96-037
Cash equivalent of a prize, Lottery Commission must award to a person who is at least 18 years of age but not yet 21 years of age in accordance with section 466.405 of the Government CodeGA-0410
Child care services, authority of General Services Commission to lease or construct facilities forJM-1156
Class credit, requirement that student attend ninety percent of classes in order to receive class credit is applicable without regard to whether a student is exempt from compulsory attendanceJC-0398
Compulsory school attendance law, parent or guardian's failure to require child to observe punishable by fineDM-0304
Contract for purchase of personal property, unemancipated minor may repudiateLO93-061
Contract with private entity to operate juvenile care/detention facility, county may fund with proceeds from tax levied for juvenile facilityLO94-088
County Juvenile Board authority to adopt policy including a personnel manual for a county juvenile probation departmentGA-1069
Court-appointed volunteer advocate program for abused and neglected children, Attorney General's authority to contract with one statewide organization to administer and subcontract services forLO93-082
Day care center for children of state employees, no prohibition on enrollment of nonstate employees' childrenLO94-036
Delinquent or in need of supervision, juvenile court's authority to assess fees for court costs in modification of prior disposition order when modification hearing waivedLO97-074
Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorizeGA-0927
Electronically readable information encoded on the magnetic stripe of a driverís license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to useGA-0675
Failure of child to attend school, penaltiesLO94-058
Failure to attend school may be prosecuted in a justice court of any precinct of a county in which the alleged truant resides or in which his school is locatedGA-0701
Failure to attend school, for the offense of, a justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation if the use of the device reasonableGA-0713
Immunization requirements, provisional admission to school is not permitted for children who have not begun to comply with and who are not exceptedGA-0178
Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network providerGA-0047
Jurisdiction over juvenile matters, Taylor County Commissioners Court has no jurisdiction but juvenile board may designate district or statutory county court as juvenile courtLO92-014
Juvenile care/detention facility, county may levy special tax to establishLO94-088
Juvenile court is without jurisdiction to conduct an adjudication hearing for a person referred as a truant by a justice or municipal court if the conduct that forms the basis for the referral occurred after the person attained the age of 17JC-0103
Juvenile court records, whether available to victim of delinquent conductDM-0334
Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-visJC-0459
Law enforcement records information relating to certain juveniles, destruction ofDM-0435
Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the childís care, custody, or welfare to the Department of Family and Protective ServicesGA-0879
Minor is not a missing child if custodian knows minor's locationGA-0125
Municipal juvenile curfew ordinance of Crockett, Texas constitutional on its faceLO98-111
Municipal ordinance prohibiting discharge of firearm by child not preempted by state lawLO94-056
Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customerJC-0309
Offense of driving while intoxicated, person under age of twenty-one may be prosecuted under Penal Code forLO98-027
Paper-based and electronic records and files of closed juvenile cases, Family Code subsection 58.0071(c) authorizes a juvenile board, law enforcement agency, or prosecuting attorney to permanently destroy subject to the restrictions of subsections 58.0071(d) and (e).GA-1017
Parent or legal guardian who teaches minor to drive, eligibility for approval as driver training courseDM-0400
Paternity, child born out of wedlock whose paternity is established is entitled to same parent-child relationship and rights under state law as child born in wedlockDM-0097
Perjury, community supervision of sixteen-year-old defendant convicted ofDM-0461
Physical records and files, Family Code subsection 58.0071(b) authorizes custodian of in juvenile case, to destroy hard-copy, original paper records and files at any time if the custodian electronically duplicates and stores the information in the records and filesGA-1017
Polygraph, whether examiner must obtain consent of attorney before administering examination to child complainant or child witness for the stateJM-1141
Presentence investigation report that discloses child abuse or neglect, community supervision officer who releases information contained in, may release to Department of Family and Protective Services and is immune from civil and criminal liability for doing soGA-0847
Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal courtGA-0157
Records relating to juvenile offenses committed prior to 1973, whether Department of Public Safety may maintain and whether it must seal or destroyLO93-076
Removal of disabilities, effect on minor's capacity to contractLO93-061
School attendance, authority of attendance officer to report child to juvenile probation departmentJM-1159
School attendance, simultaneous prosecution of parent and child permissibleJM-1159
School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)DM-0362
School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school propertyJC-0446
Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detainedJC-0229
Sexual abuse, person with cause to believe child has been victim of must make reportGA-0106
Substitute care and case management service providers, authority of governmental entities to serve asGA-0476
Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788) DM-0200
Tattoo, minimum age for obtaining is eighteen yearsLO92-057
Teen court program, municipal court authority to impose administrative cost fee and other court costsDM-0372
Truancy proceeding, child has a right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)DM-0200
Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788) DM-0200
Unborn child, a physician is not required to report suspected use of controlled substances by a pregnant patient, which may harm theGA-0291
Uniform Interstate Compact on Juveniles, juvenile probation officers are required to provide the mandated services when state accepts supervision of an out-of-state delinquent juvenile underDM-0147
Violation of section 729.001 of Transportation Code is within jurisdiction of justice and municipal courtsGA-0157
A court would likely conclude that the prosecutor of a juvenile maintains discretion under Family Code subsection 65.252(d) to prosecute a child for delinquent conduct as set forth in Family Code subsection 51.03(a)(2)(C) even on a child's initial referral to juvenile court.KP-064
A court would likely conclude that under Family Code subsection 65.251(b), a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form -- either failure to obey a truancy order or direct contempt.KP-064
Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public SafetyKP-150
Juvenile board has the authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position is necessary in order to provide juvenile probation services.GA-1085
Truancy offenses, expunction orders' applicability to records of juvenile probation departmentKP-073