Montana Attorney General Opinion 15-324

Opinion No. 324 Orphans-Childl'/,n-Residence -State Oll1hanage. HELD: Where the father of chil- dren is unable to support them, the r:hildren cannot be diseharged from the "tate orphanage because their father has acquired a residenee in another "tate. August 29, 1933. You suhmit the following matter for II n opinion from this office: "In 1927 five childoon, father lliving, mother dead, were placed in our state orphan- age. Later the father took up his resi- dence in Oregon. and in September, 1931, sent for his oldest daughter, who went to Portland where he found a home for her with a family. The other four children have remained at the or- phanage. Since then he has not been able to make arrangements for the ~'ounger children and the report is to the effect that he is not financially able to provide for them." . You are confronted by the following problems: 1. Inmates. of the State Orphans' OPINIONS OF THE ATTORNEY GENIDRAL 221 Home can be discharged only upon their reaching the age of sixteen rears. (Section 1(05) and then only in the discretion of the board: or the board may return them to the county of their residence when they were com- mitted. 2. You have no control over the fath- er residing in another state. He is not a fugitive from justice and cannot be extradited, and if he could be brought back you have no assurance that he is better able to support the children than when they were committed. He was a resident of the state at the time of the commitment and the presumption is that the commitment was legal. There is no sound reason why Montana should desire to burden another state with lwr indigent inmates of the State Orphans' Home and this state can compel no other state to receive them.