The opinion
T
Hon. Larry 0. Cox
Executive Director
Board for Texas State Hospitals
and Special Schools
Austin, Texas Opinion No, V-1454
Re: Legality of accepting
day students at Austin
State School who have
not been committed by
Dear Sir: a county co~urt.
Your request for an opinion reads in part
as follows:
"We desire the opinion of yo'urof-
fice regarding the legality of accepting,
educating, and instructing feeble-minded
day students at the Austin State School,
without having them committed by a co.unty
court.
"The Board for Texas State Hospitals
and Special Schools at a special meeting on
February 25, 1952, approved a plan to edu-
cate such feeble-minded day students, sub-
ject to a favorable opinion from your de-
partment.
"The day st,udentswo,uldcome within
the definition of feeble-minded children
as defined In Article 3233 (V.C.S,), but
they would not be committed and wouqd re-
turn to their homes each day after classes.
They wo,uldattend the same classes as the
committed cases.
"The Board has some doubt as to Its
legal power,or authority to train s~uchstu-
dents without commitment, and your opinion
is necessary on account of the conflict;-
ing views of the Board Members. D e a
-.-
Hon. Larry 0. Cox, page 2 (V-1454)
The control and management of the A,ustin
State School, a State institution for the care of
feeble-minded persons, is vested in the Board for
Texas State Hospitals and Special Schools. Arts.
317413,Sets. 2 and 3, 3177, and 3234, V.C.S. Its
operation Is financed by biennial appropriations
out of the general revenue and local funds of the
institution. H.B. 426, Acts 52nd Leg. R.S. 1951
ch. 499, Art. II, at p- 1257;'Art. 3236, V.C.S. bn-
der Section 5 of Article 3174b, the Board may pro-
mulgate such rules and regulations as It deems proper
for the efficient administration of the institution,
Articles 3233 through 3238, V.C.S., have
specific application to the admission and care ,of
the feeble-minded in the Austin State School. For
the purpose of those statutes, a feeble-minded child
is defined in Article 3233 as follows:
"A feeble minded child . . D is one
of such feeble mental or moral powers as
to be ,unableto profit by the ordinary
methods of education as employed in the
common schools."
With respect to the admission of the feeble-
minded in that School, Articles 3235 and 3238 are ap-
plicable. They provide:
Article 3235 - "The Board shall pro-
vide accomodations for only such number of
inmates from year to year as can be advan-
tageo,usly cared for with the appropriation
granted for that year, giving preference
first to girls and women of child bearing
age, and to those of both sexes who are
most likely to profit by the special educa-
tion and training."
Article 3238 - "In all cases in which
the parent or guardian of a feeble minded
person is financially able to pay the ex-
penses of supporting and training such
feeble minded person in the school, in whole
or in part, he shall be required to do so.
In all other cases there shall be no fees
or charges."
Article 3236 then provides in part:
. .. -
Hon. Larry 0. Cox, page 3 (V-1454)
"All persons committed or admlt-
ted to said institution shalTremaIn
Fits oustody as permanent wards,of
this State until released by the manage-
ment thereof. The superintendent and
Board may in their discretion e . D at
any time, parole any such person in the
custody of parent or guardian for an in-
definite period. D . .' (Emphasis ours.)
Thus, in the laws pertaining to the Austin
State School there is fo,undno provision which.req,uires
that a feeble-minded child, as therein defined, must be
adjudged and committed by a court as such, before he may
be admitted to that institution.
Articles 3867 through 3871, V,C.S., are
the procedural laws providing for the adjudication
and commitment of the feeble-minded to the Austin
State School by a proper co,untycourt. Article 3871
reads as follows:
"If such.person be found to be
feeble minded, the court shall enter
its order SO adjudging him, and that
he be committed to the c,ustodyof the
Austin State School. Upon the entry of
such order, the court shall cause to be
prepared a transcript of the proceedings
and'evidence, which shall show the age,
sex, race, status and mental condition
of the patient, . . . and transmit the
same to the superintendent of such school.
If the patient is entitled to be received
into the school, and there Is sufficient
room therein, the superintendent shall
notify said judge thereof, whereupon the
.judge shall arrange to send such person
to said school in like manner in all re-
spects as is provided for the sending of
insane patients to an asylum."
It Is pertinent to note that Articles
x867-71, which have their origin in Senate Bill
321, Acts 38th Leg., R.S. 1923, ch. 82, ps 172,
were enacted several years after the laws governing
admissions into the Austin State School. H.B. 73,
Acts 34th Leg., R.S. 1915, ch. 90, p0 143. Sec-
tion 10 of Senate Bill 321, s'upra,specifically
.^ .. . _
Hon. Larry 0. Cox, page 4 (V-1454)
provides that the adjudication-commitment law "shall
not suspend the right to have feeble minded persots
admitted to such institution under existing laws.
The statutes respecting the Austin State School for
feeble-minded persons and commitment of patients
thereto should be liberally construed in order to
accomplish beneficent and humanitarian objectives
thereof as nearly as possible. Schultz vi Brown
152 S.W.2d 801 (Tex. Clv. App. 1941,'error di8m.j.
Accordingly, it is our opinion that the
governing board of the Austin State School may legal-
ly accept, educate and instruct feeble-minded ,children,
as defined in Article 3233 and authorized in Article
3235, without their having been committed by a county
court, subject to the laws concerning their admission
in that institution. Since Article 3236 permits the
release of admitted persons Taothe custody of a parent
or guardian for an Indefinite period, such non-committed
children may, at the discretion of the Board, be permit-
ted to return to their homes each day after special edu-
cation:
SUMMARY
The Board for Texas State Hospitals
and Special Schools may legally accept,
educate and instruct in the Austin State
School feeble-minded children, as defined
in Article 3233, V.C.S., without their
having been committed by a county court,
subject to applicable laws concerning
their admission. Art. 3235, V.C.S. At
the Board's discretion, such admitted
children may be permitted to ret.urnto,
their homes each day after classes. Art.
3236, V.C.S.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
E. Jacobson
Reviewing Assistant
Bym 2x%=-&J
Charles D. Mathews
First Assistant Chester E. Ollison
Assistant
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