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Family Law

Summaries

KP-0064
Ken Paxton

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.|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-0094
Ken Paxton

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.

GA-0017
Greg Abbott

Juvenile proceeding under Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in|Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in proceeding under|Summons, juvenile court may order nonprevailing child or other nonprevailing party to pay costs of serving|Juvenile court may order nonprevailing child or other nonprevailing party to reimburse costs of serving summons in proceeding under Juvenile Justice Code

GA-0024
Greg Abbott

Marriage license, clerk may issue to two absent applicants|Marriage license, county clerk may issue to two absent applicants

GA-0043
Greg Abbott

Paternity suit, final order is open while all other records are closed except by court order or consent of parties

GA-0131
Greg Abbott

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 facility|Contempt of justice court order, child who commits may be detained prior to adjudication in accordance with Juvenile Justice Code

GA-0142
Greg Abbott

Fees of attorney ad litem appointed for a parent under Family Code section 107.013, court may not order Department to pay|Suit to terminate parent-child relationship; payment of fees for parent's attorney ad litem|Attorney ad litem appointed for a parent in termination suit, payment of fees by county

GA-0205
Greg Abbott

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 Constitution|Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not violate separation of powers|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 Constitu

GA-0231
Greg Abbott

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 Constitution|Family protection fee revenues may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution|Open courts provision, family protection fee revenues may be used for court-related purposes without contravening

GA-0260
Greg Abbott

Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally applied

GA-0374
Greg Abbott

Corporal punishment, a professional employee of a school district may utilize to the extent permitted by section 9.62, Penal Code, section 22.0512(a), Education Code, and any school district policy|Corporal punishment, a school district may adopt a policy authorizing without the permission of those persons listed in section 151.001(e), Family Code|Corporal punishment, section 151.001(e), Family Code, creates a right in certain persons to use in the reasonable discipline of the person's children

GA-0387
Greg Abbott

Open courts provision of Texas Constitution prohibits collection and allocation of one-half of family protection fee to fund state agency program|Fee collected in suit for dissolution of marriage may be used only for court-related expenditures

GA-0406
Greg Abbott

Meet before hearings with the child or the individual with whom the child ordinarily resides, attorney ad litem's duty under section 107.004(d) of the Texas Family Code to |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 resides|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 resides|Meet|Feasible

GA-0423
Greg Abbott

Sex offender treatment providers, licensing|Sex offender treatment provider, necessity for licensing

GA-0461
Greg Abbott

Procedural due process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearings and depositions when required by|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 by|Court reporter's record for appeal, county is obligated to pay for when it has been ordered to do so by the court under the Family Code|County bears "reasonable expense" of non-appellate transcripts to which indigent parent in a termination proceeding is entitled

GA-0476
Greg Abbott

Substitute care and case management service providers, authority of governmental entities to serve as

GA-0489
Greg Abbott

Amicus attorney, indigent client, private suit affecting parent-child relationship|Attorney ad litem, indigent client, private suit affecting parent-child relationship|Guardian ad litem, indigent client, private suit affecting parent-child relationship|Compensation of appointed amicus attorney, attorney ad litem, guardian ad litem, private suit affecting parent-child relationship, indigent parents|Appointment, amicus attorney, indigent client, private suit affecting parent-child relationship|Appointment, attorney ad litem, indigent client, private suit affecting parent-child relationship|Appointment, guardian ad litem, indigent client, private suit affecting parent-child relationship|Indigence, compensation of appointed amicus attorney, attorney ad litem, guardian ad litem

GA-0508
Greg Abbott

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\r\n|Requirement for evidence-based programs is applicable only to programs of the Department that are “designed to prevent or ameliorate child abuse and neglect� rather than to all programs funded by the Department|Evidence-based programs \r\n

GA-0632
Greg Abbott

Slayer’s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child under circumstances not within the \r\n|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 doctrine|Attainder\r\n\r\n|Civil death\r\n\r\n|Slayer’s Rule\r\n

GA-0772
Greg Abbott

Sex offender registration of juvenile, juvenile court’s deferral of decision on during treatment|Court order, attorney general opinion will not review|Commission, authority to require sex offender registration of juvenile upon release

GA-0803
Greg Abbott

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\r\n\r\nIn 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 abortion|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

GA-0813
Greg Abbott

Parent, A school district may not prohibit from having an advocate as authorized by section 29.306 of the Education Code|School district may not prohibit a parent from having an advocate as authorized by section 29.306 of the Education Code

GA-0847
Greg Abbott

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 so

GA-0879
Greg Abbott

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 Services|Information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare, local law enforcement agency must furnish to Department of Family and Protective Services

GA-0927
Greg Abbott

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 authorize

GA-0944
Greg Abbott

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 childhood|Abuse or neglect that a professional believes occurred during an adult patient’s childhood, professional is not required under subsection 261.101(b) of the Family Code to report

GA-0948
Greg Abbott

Conduct a marriage ceremony, Family Code section 2.202(a)(4) does not authorize a retired federal judge to

GA-0982
Greg Abbott

Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct a

GA-1053
Greg Abbott

Justice of the peace, a court would likely conclude that a J.P. 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 of the 72-hour waiting period after issuance of a marriage license|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-1085
Greg Abbott

Human Resources Code section 142.002 authorizes the Dallas County Juvenile Board to hire an in-house counsel with the advice and consent of the commissioners court if the Board determines that the position is \\"necessary to provide juvenile probation services.\\"|Juvenile Board has authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position in necessary in order to provide juvenile probation services|Human Resources Code section 201.001 provides that a juvenile board is \\"a body established by law to provide juvenile probation services to a county.\\"|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.

DM-0009
Dan Morales

Disclosure of non-sealed delinquency adjudication on employment application

DM-0038
Dan Morales

Eighteen to twenty-one year old wards of Texas Youth Commission may not be detained in juvenile detention facility | Juvenile detention facility, 18 to 21 year old wards of Texas Youth Commission may not be detained in | Child

DM-0087
Dan Morales

Transportation of juveniles, commissioners court may amend budget to provide for only if it finds "grave public necessity" to meet "unforeseen condition"|Transportation of persons to and from juvenile court, county judge not expressly empowered to order

DM-0097
Dan Morales

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 wedlock|Eligibility for citizenship of child born out of wedlock to foreign mother and citizen father whose paternity is established|Voluntary legitimization|Voluntary paternity

DM-0147
Dan Morales

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 under

DM-0200
Dan Morales

Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Truancy proceeding, child has a right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|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)\r\n\r\n|Truancy proceeding, child has right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|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)\r\n\r\n\r\n|Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n

DM-0222
Dan Morales

Limited power of attorney filed by obligee authorizing corporation to receive payments, clerk must remit payments to person designated in existing child support order or that portion of divorce decree providing for child support regardless of|Child support payments, clerk must pay to person designated in existing child support order or that portion of divorce decree providing for child support until order is modified|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 of|Court order, child support obligee may not modify existing child support order without obtaining new

DM-0262
Dan Morales

Child support arrearage, property that may be seized for collection of|Child support arrearage, property that may be seized by the constable for collection of

DM-0296
Dan Morales

Child support order, authority to honor child support obligee's change of address request to child support collection agency without court order modifying original order|Obligee's change of address request to child support collection agency, authority of district clerk to honor without court order modifying original order

DM-0298
Dan Morales

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 attempted|Protective order in family violence cases, fee limited to $36 irrespective of number of respondents or number of times service attempted

DM-0334
Dan Morales

Inspection of records|Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceeding|Juvenile court records, whether available to victim of delinquent conduct

DM-0379
Dan Morales

Medicaid contracts, whether health care providers must submit statements regarding child support|Child support, whether state Medicaid providers must submit statements regarding|Medicaid contracts, whether health care providers must submit statements regarding child support delinquency|State Medicaid contracts, whether health care providers must submit statements regarding child support|Child support delinquency, whether state Medicaid providers must submit statements regarding

DM-0384
Dan Morales

Marriage license requirements, constitutionality of oath regarding child support obligations|Child support delinquency as bar to marriage, constitutionality

DM-0397
Dan Morales

Judge performing marriage for fee, whether public resources may be used in connection with|Judge's performance of a marriage is an official function|Marriage ceremony, justice may receive fee for performing|Judges, fee for performing a marriage ceremony|Honorarium

DM-0411
Dan Morales

Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigation|Americans with Disabilities Act, deaf or hearing-impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by|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 interpreter|Deaf or hearing impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0435
Dan Morales

Law enforcement records information relating to certain juveniles, destruction of

DM-0439
Dan Morales

Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over|Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court

DM-0458
Dan Morales

Abused or neglected, registered sex offender treatment provider must report suspicion that child has been|Abuse or neglect of child, registered sex-offender-treatment provider must report even if suspicion based on dated or incomplete information|Abuse or neglect of child, Council may not permit registered sex-offender-treatment provider to decide whether to report suspected where the suspicion is based on dated or incomplete information

DM-0460
Dan Morales

County juvenile probation department, authority to contract and expend funds without commissioners court's approval|Juvenile probation department contracts and expenditures, authority to approve|Liability under juvenile probation department contracts

DM-0461
Dan Morales

Juvenile convicted of perjury in criminal proceeding, authority of community supervision and corrections department to supervise|Perjury, community supervision of sixteen-year-old defendant convicted of

DM-0476
Dan Morales

Child 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 counselor|Abuse or neglect of student, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|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 counselor|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 counselor

DM-0477
Dan Morales

Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligation|Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligation

DM-0500
Dan Morales

Adoption, who may advertise to place, provide, or obtain child for adoption|Jurisdiction over conduct occurring on the Internet|Commerce Clause, whether state regulation of Internet violates

JC-0070
John Cornyn

Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements|Polygraph examination, examinee not entitled to counsel during|Self-incrimination, polygraph examinee may have right to claim privilege against|Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicion|Agency designated by the court to be responsible for the protection of children|General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevail

JC-0085
John Cornyn

Juvenile board, commissioners court has no general supervisory authority over|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\r\n\r\n|Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims of|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\r\n|Juvenile board budget, amendment of requires formal board action\r\n|Expenses

JC-0094
John Cornyn

Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prison|Divorce petition, authority of clerk to refuse to file where county residency based on time served in prison

JC-0103
John Cornyn

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 17

JC-0110
John Cornyn

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 truant|Jurisdiction, Juvenile Court may waive exclusive jurisdiction of truancy cases on case-by-case basis or as a class|Jurisdiction to hear truancy cases, justice court has jurisdiction if juvenile court has waived its exclusive jurisdiction\r\n|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant\r\n|Failure to attend, court may compel appearance of juvenile and custodian at hearing by endorsing summons ordering custodian to appear to bring juvenile

JC-0112
John Cornyn

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 with|Civil standby

JC-0156
John Cornyn

Declaration of domestic partnership|Declaration of domestic partnership, clerk is not required to file|Same-sex couples may not marry in Texas; declaration of domestic partnership does not have effect of creating quasi-marital relation

JC-0209
John Cornyn

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 app|County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees for

JC-0226
John Cornyn

Compelling state interest, state agency must follow standard of, when interfering with parental right to control upbringing of children

JC-0229
John Cornyn

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 detained

JC-0242
John Cornyn

Jury trial, state has no right to jury trial in juvenile proceeding

JC-0346
John Cornyn

Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligation|Income withholding, statute constitutionally may permit court to include attorney's fees in income-withholding order if fees necessarily incurred to enforce existing child support obligation|Common meaning, we must construe words used consistently with their|Income withholding order, statute may permit court to include attorney's fees, court costs, and other costs necessarily incurred to enforce existing child support order

JC-0454
John Cornyn

Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claims|Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct|Contempt, justice court may not order child to be confined for a term of detention for|Non-secure detention facilities, neither status offender nor nonoffenders may be detained in

JC-0461
John Cornyn

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 access|Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulations|Access to records of persons with mental illness or developmental disabilities who reside in facilities operated by the Department, a federally-funded state protection and advocacy system for such persons, Advocacy, Inc., may have access to records even i

JC-0538
John Cornyn

Counseling records may be withheld from parent of minor student only under limited circumstances

JM-1203
Jim Mattox

Adoption of child under three years of age, state employee may use reasonable amount of sick leave on account of|Sick leave, natural parents may not use to care for a healthy newborn|Natural fathers, disallowing disability benefits for does not violate federal law