No. WW-1474 (1962).

• Case Date: November 14, 1962
• Court: Texas

Texas Attorney General Opinions 1962. No. WW-1474 (1962). 1November 14, 1962Honorable Charles J. Lieck, Jr.Criminal District AttorneyBexar CountyCourthouseSan Antonio 5, Texas Opinion No. WW-1474Re: Whether a juvenile court, after adjudging a minor to be a delinquent child and placing said child in temporary custody of his parents, subject to the further orders of the court, has jurisdiction to have a further hearing after the minor has attained the age of 17 years and commit him to the custody of the Texas Youth Council.Dear Mr. Lieck:You have requested an opinion of this office in the above matter and in your request the following is stated:

"On April 24, 1962, Charles J. Lieck, Jr., Criminal District Attorney of Bexar County, Texas, filed his petition in 150th District Court of Bexar County, Texas, sitting as a Juvenile Court, asking that ...be adjudged a delinquent child. The petition alleged that said child was born May 5, 1945, and that the offense constituting such child a delinquent child was the burglary of a private house with intent to commit theft, and that such offense was of the grade of felony as defined by the Penal Code of Texas. Service of notice was requested on the parents of said child, and a fiat of the District Judge was attached to said petition. The date of the offense was alleged as April 18, 1962, and the notice of hearing was for April 26, 1962.

"On April 26, 1962, in conformity with said fiat of said Judge an order was entered in said cause in which it is recited that a hearing was had on said date at which time the parents of said child, his attorney, and the child in person appeared in court, and at such hearing the court

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found that the child at the time of such hearing was 16 years of age; was a delinquent child and 'it is to the best interest of said child that he be placed, until final disposition of custody is made, in temporary custody of ...'" (Emphasis added)

"The order of the court recited that the child 'be and he is hereby placed, until final disposition of custody is made, in the temporary custody of ...in San Antonio, Bexar County, Texas, subject to the further orders of said Court.'" (Emphasis added)

"On May 7, 1962, as shown by order of court signed May 10, 1962, another hearing was had at which hearing the child appeared in person with his parents, ...and his

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