Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A court is not required to enforce a foreign law if enforcement would be contrary to the public policy of this State or if it would violate a party's basic right to due process.KP-094
Abortion facility that must be licensed under chapter 245, a facility performing a medical abortion within the scope of subsection 245.002(1) is an In the presence of a physician, Texas statutes do not require a patient to ingest drugs provided to the patient with the intent to induce an abortionGA-0803
Adoption, who may advertise to place, provide, or obtain child for adoptionDM-0500
Adult patient’s 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
Civil standby, in which peace officers assist victim of domestic violence in returning to home to collect personal effects, officers immunized from civil or criminal liability in connection withJC-0112
Corporal punishment, section 151.001(e), Family Code, creates a right in certain persons to use in the reasonable discipline of the person's childrenGA-0374
County juvenile board is authorized to retain counsel to represent it in action filed against it by commissioners court and to pay attorney's fees from funds in juvenile probation department account in the county treasury without commissioners court's appJC-0209
County juvenile probation department, authority to contract and expend funds without commissioners court's approvalDM-0460
Domestic relations office, district clerk may collect initial operations fee on behalf of domestic relations officeLO97-044
Juvenile convicted of perjury in criminal proceeding, authority of community supervision and corrections department to superviseDM-0461
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 transferred to Texas for probation supervision pursuant to Uniform Interstate Compact on Juveniles, a juvenile probation officer may not require the transferred juvenile to register as sex offenderLO98-125
Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare to the Department of Family and Protective ServicesGA-0879
Paternity suit, final order is open while all other records are closed except by court order or consent of partiesGA-0043
Protective order in family violence cases, complete affidavit of indigency required when applicant unable to pay filing fee and fee limited to $36 irrespective of number of respondents or number of times service attemptedDM-0298
School attendance, authority of attendance officer to report child to juvenile probation departmentJM-1159
School attendance, simultaneous prosecution of parent and child permissibleJM-1159
Substitute care and case management service providers, authority of governmental entities to serve asGA-0476
Child Support
Child support arrearage, property that may be seized by the constable for collection ofDM-0262
Court order, child support obligee may not modify existing child support order without obtaining newDM-0222
Income withholding order, statute may permit court to include attorney's fees, court costs, and other costs necessarily incurred to enforce existing child support orderJC-0346
Limited power of attorney filed by obligee authorizing corporation to receive payments, district clerk must remit payments to person designated in existing child support order or that portion of divorce decree providing for child support regardless ofDM-0222
Marriage license requirements, constitutionality of oath regarding child support obligationsDM-0384
Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligationDM-0477
Obligee's change of address request to child support collection agency, authority of district clerk to honor without court order modifying original orderDM-0296
State Medicaid contracts, whether health care providers must submit statements regarding child supportDM-0379
Children, Delinquent/In Need of Supervision
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
Child subject of juvenile detention hearing, deaf or hearing impaired custodial relative of who is not party or witness in proceedings is not entitled to interpreterDM-0411
Child's failure to attend school, penaltiesLO94-058
Contempt of justice court order, child who commits may be detained prior to adjudication in accordance with the Juvenile Justice Code but juvenile court may not order the child placed after disposition in a secure facilityGA-0131
Contempt, justice court may not order child to be confined for a term of detention forJC-0454
Deferred prosecution probation of juvenile may not be revoked when offense committed after expiration of probationary periodLO98-069
Detention facility outside county, judge may order juvenile held inLO92-003
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
Disclosure of non-sealed delinquency adjudication on employment applicationDM-0009
Eighteen to twenty-one year old wards of Texas Youth Commission may not be detained in juvenile detention facilityDM-0038
Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas ConstituGA-0205
Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conductJC-0454
Henderson County Juvenile Board, Judge of 392nd District Court is not a member ofLO98-073
Jurisdiction, only county or district court that the county juvenile board designates as the juvenile court hasLO97-015
Jury trial, state has no right to jury trial in juvenile proceedingJC-0242
Juvenile board order approved by commissioners court, sheriff who takes child into custody not required to transport child to juvenile court proceedings absentLO94-065
Juvenile board, commissioners court has no general supervisory authority overJC-0085
Juvenile court may designate more than one office or room as juvenile processing officeLO93-038
Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceedingDM-0334
Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority overDM-0439
Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners courtDM-0439
Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard JC-0085
Law enforcement records information relating to certain juveniles, destruction ofDM-0435
Modification of prior disposition order when modification hearing waived, juvenile court's authority to assess fees for court costs inLO97-074
Non-secure detention facilities, neither status offender nor nonoffenders may be detained inJC-0454
Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims ofJC-0085
Records relating to juvenile offenses committed prior to 1973, whether Department of Public Safety may maintain and whether it must seal or destroyLO93-076
Sex offender registration of juvenile, juvenile court’s deferral of decision on during treatmentGA-0772
Sex offender treatment providers, licensingGA-0423
Sex offender, youth adjudicated delinquent in another state for sex offense is not required by Texas Sex Offender Registration Program to register in Texas asLO98-125
Summons, juvenile court may order nonprevailing child or other nonprevailing party to pay costs of servingGA-0017
Transfer of juvenile case prior to disposition, transferring court need not obtain approval of receiving courtLO95-030
Transportation of juveniles, commissioners court may amend budget to provide for only if it finds "grave public necessity" to meet "unforeseen condition"DM-0087
Transportation of persons to and from juvenile court, county judge not expressly empowered to orderDM-0087
Truancy complaint indicating need for supervision, court may compel court appearance of alleged truant and custodian by endorsing summons ordering custodian to appear and to bring alleged truantJC-0110
Truancy proceeding, child has 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
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
Children, Dependent and Neglected
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
Court-appointed volunteer advocate program for abused and neglected children, statewide organization's eligibility to receive funds appropriated for administering and subcontracting services forLO93-082
Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicionJC-0070
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
Suspected abused or neglected child, school official may not deny investigator access to child at school and may not condition access to presence of school personnel, such as a counselorDM-0476
Guardian and Ward
Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such accessJC-0461
Attorney ad litem's duty under Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily residesGA-0406
Fees and costs of proceeding, which are payable by county if ward's resources are insufficientLO95-083
Incapacitated creditor without guardian, one or more debtors may pay to county clerk money owed to unless creditor is owed more than $25,000 totalLO96-105
Involuntary mental health commitment proceeding is a guardianship actionLO94-097
Judge (former) sitting by assignment is not precluded from accepting appointment as guardian ad litem if not required to plead and appear in court as an attorneyLO97-067
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
Marriage and Divorce
Child support delinquency as bar to marriage, constitutionalityDM-0384
Community property, death benefits vesting on death of retired city employee asLO95-026
Community property, public officer's community interest in spouse's income or propertyLO95-033
Conduct a marriage ceremony, Family Code section 2.202(a)(4) does not authorize a retired federal judge toGA-0948
Family protection fee collected upon the filing of a suit for dissolution of marriage, revenues from may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas ConstitutionGA-0231
Fee collected in suit for dissolution of marriage may be used only for court-related expendituresGA-0387
Indigence, compensation of appointed amicus attorney, attorney ad litem, guardian ad litemGA-0489
Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prisonJC-0094
Judge's performance of a marriage is an official functionDM-0397
Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct aGA-0982
Marriage license, county clerk may issue to two absent applicantsGA-0024
Marriage licenses, neither county clerk nor Department of Health has power to rescind or cancel an application for a marriage license or rescind a marriage licenseLO92-040
Same-sex couples may not marry in Texas; declaration of domestic partnership does not have effect of creating quasi-marital relationJC-0156
Seventy-two hour waiting period after issuance of a marriage license - waiver of. A court would likely conclude that a justice of the peace is not a "judge of a court with jurisdiction in family law cases" for purposes of Family Code subsection 2.204(c) and thus may not grant waiver.GA-1053
Standard child possession order, judge may deviate from order if given reasons for deviationLO90-056
Parent and Child
Abuse or neglect of child, registered sex-offender-treatment provider must report even if suspicion based on dated or incomplete informationDM-0458
Adoption of child under three years of age, state employee may use reasonable amount of sick leave on account ofJM-1203
Attorney ad litem's duty under Texas Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily residesGA-0406
Compelling state interest, state agency must follow standard of, when interfering with parental right to control upbringing of childrenJC-0226
Counseling records may be withheld from parent of minor student only under limited circumstancesJC-0538
Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally appliedGA-0260
Parent, A school district may not prohibit from having an advocate as authorized by section 29.306 of the Education CodeGA-0813
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
Probate Code section 41(e)(3) would likely be held by a court to contravene article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child if the person has been convicted, placed on community supervision, including deferred adjudication community supervision, under circumstances not within the Slayer’s Rule or the constructive trust doctrineGA-0632
Procedural due process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearing and depositions when required byGA-0461
Requirement for evidence-based programs is applicable only to programs of the Department of Family and Protective Services that are “designed to prevent or ameliorate child abuse and neglect” rather than to all programs funded by that Department GA-0508
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
Sick leave, natural parents may not use to care for a healthy newbornJM-1203
Standard child possession order, judge may deviate from order if given reasons for deviationLO90-056
Suit to terminate parent-child relationship; payment of fees for parent's attorney ad litemGA-0142
Termination of parental rights, whether state agency, as managing conservator, is responsible for child's burial expensesLO96-037