shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this act.

Am. 1909, Act 310.

Probate Court to Have Jurisdiction.

(2) SEC. 2. The probate court shall have original jurisdiction in all cases coming within the terms of this act, and while proceeding under this act shall be termed juvenile division of the probate court. In all trials under this act, any person interested therein may demand a jury of six or the judge of his own motion may order a jury of the same number to try the case, and the jury so ordered shall be summoned and empanelled in accordance with the law relating to juries in courts held by justices of the peace: Provided, That in case the judge of probate in any county is so occupied with the duty devolving upon him in the probate court as not to have time to attend to the cases arising under this act and shall so certify to the circuit court, the circuit judge or one of them in districts where there is more than one circuit judge, to be designated by the judges of said court, shall hear the cases under this act provided to be heard by the judge of probate, but said circuit judge shall not exercise the powers of the probate court in such cases for a longer period than two months, unless a new certificate and designation be made, which shall, in like manner, be effective for a like period. Proceedings under this act shall not be deemed to be criminal proceedings and this act shall not prevent the trial by criminal procedure in the proper courts of children over fourteen years of age, charged with the commission of a felony.

Juvenile Trials; Detention Room.

(3) SEC. 3. All examinations or trials of cases coming under the provisions of this act shall be in the probate court room or chambers, or in a room in the county court house or in a suitable apartment conveniently near the said court house. The proceedings and findings of the court in all examinations and trials of such cases shall be entered in a book or books to be kept for that purpose and shall be known as the juvenile record. The judge may exclude from the court room in trials under this act any person whose presence is deemed prejudicial to the interests of the child or the public, when such person does not have a recognized personal interest in the case. It shall be the duty of the board of supervisors in each county within ninety days after this act shall take effect, to provide and maintain at public expense, a detention room or house of detention or other suitable place, separate from the jail, lock-up, police station or other place of confinement used for the incarceration of adult criminals charged with crimes or misdemeanors. Such detention place shall be properly located both for the convenience of the court work, and with a view to the healthful, physical and moral environment of all children within the provisions of this act, who shall when necessary be detained in such place of detention so provided, and it shall be unlawful to confine or detain any juvenile coming within the provisions of this act in any jail, lock-up, police station, or place of

confinement used for the incarceration of criminals or persons accused of crime or in any place not conforming to the requirements of this section, and any officers or persons so detaining or confining such juvenile shall be deemed guilty of a misdemeanor and punished accordingly. Such place of detention shall be in charge of a matron or other person, capable and of good moral character. Any child held in said place of detention shall have the right to give bond or other security for its appearance at the trial of such case, and the court may in any such case appoint counsel to appear and defend, on behalf of any such child, who shall be paid out of the general fund of the county or city for such services such sum as the court shall direct: Provided, That the prosecuting attorney shall appear for the people when ordered by the court.

Am. 1911, Act 262.

Agent of Board, Compensation, Duty.

(4) SEC. 4. The Governor shall appoint in each county of this State, upon the recommendations of the State board of corrections and charities, an agent of such board for the care and protection of dependent, neglected and delinquent children, who shall hold his office during the pleasure of the Governor, and shall be known as the county agent for the county for which he is appointed. Before entering upon the duties of his office, and within thirty days after receiving notice of his appointment, the said agent shall take and file with the clerk of the county for which he was appointed, the oath of office prescribed by the constitution of this State, and upon such qualification it shall be the duty of the county clerk to immediately transmit notice thereof to the judge of the court and to the superintendents of all State and incorporated institutions authorized to receive, or place out on contract, indenture or adoption any child. The said agent shall receive as compensation for his services under this act, his necessary official expenses, together with the sum of three dollars in full for each day ordered by the court, the superintendent of any State institution, or the State board of corrections and charities, but not exceeding three dollars for any one day's service, which shall be audited by the board of State auditors and paid from the general fund; and when such services and expenses relate to the indenture, adoption or visiting of children placed in families by State institutions, the amounts thereof shall be certified by the superintendent of the institution to which the child may belong; and when such service shall be ordered by the court the amount thereof shall be certified by the court ordering such service; and when such service shall be ordered by the board of corrections and charities the amount thereof shall be certified by the secretary of such board. Such bill shall specify the time spent, manner of travel, miles traveled and each item of expense incurred. Said agent shall visit all children resident in the county for which he is appointed which shall have been indentured to any person therein by any State institution whenever he shall be so requested to do by the superintendent of the institution or the State board of corrections and charities, and shall inquire into the management, condition and treatment of such children, and for that purpose may have private interviews with such

children at any time, and if it shall come to the knowledge of such agent when making such visits, or at any other time, that any child thus placed in charge of any person as aforesaid is neglected, abused or improperly treated by the persons having such child in charge, or if such person is unfit to have the care thereof, he shall report the fact to the superintendent of the State institution by which the child was indentured, and the board of such institution, or the superintendent thereof who may be so authorized to do by said board, on being satisfied that the interests of the child require it, shall cancel the indenture by which the child was placed in the family, and shall remove the child to some other family home, or directly to the State institution from which the child was indentured. All indentures by which any child shall be placed in a home from any State institution shall reserve the right in the board making the indenture to cancel the same whenever in the opinion of the board the interests of the child require it. Whenever any indenture is canceled as herein provided, or whenever any child indentured from any State institution has been adopted, notice thereof shall be given to the said agent of the county where the child was indentured, by the superintendent of the State institution from which the child was indentured or adopted. Such agents shall make an annual report of their work for the fiscal year ending June thirtieth to the State board of corrections and charities, and such other reports as the board may require.

Am. Id.

Duty of Court.

(5) SEC. 5. Upon the filing with the court of a sworn petition setting forth upon knowledge or upon information and belief, the facts showing that any child resident in said county is a delinquent, dependent or neglected child within the meaning of section one of this act, the court shall before any further proceeding is had in the matter give notice thereof to said county agent or to a duly appointed probation officer, who shall have opportunity allowed him to investigate the facts and circumstances surrounding the case, and upon receiving such notice the said officer shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child and all the facts and circumstances of the case, and report the same to the said court in writing. If, after a full investigation, it shall appear to the court that public interest and the interest of the child will be best subserved thereby, a summons shall issue reciting the substance of the petition and requiring the person having custody or control of the child, or with whom the child may be, to appear with the child at a place and time which shall be stated in the summons; and if such person is other than the parent or guardian of such child, then said parent or guardian shall be notified of the pendency of the case. The court shall notify the county agent or probation officer making the preliminary investigation to attend said trial and act as custodian of said child. When said parents or guardians are non-residents of the county or cannot be found, such notice shall not be required. If any person so summoned as herein provided shall fail without reasonable cause to appear with the child and abide the order of the court, he may be proceeded against for con

tempt of court, under and in accordance with the provisions of chapters thirty-eight and three hundred one of the Compiled Laws of eighteen hundred ninety-seven. In case the summons cannot be served or parties fail to obey the summons, and in any case when it shall appear to the court that such summons will be ineffectual, upon complaint on oath and in writing a writ may issue reciting the substance of the complaint, and requiring the officer to whom it is directed to bring such child before the court to be dealt with according to law, and said child may be committed to the care of the county agent or probation officer or such other person as the court may designate pending the final disposition of the case. On return of the summons or writ, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case upon such testimony as may be produced, and if the allegations against the child are proved the court may adjudge said child a delinquent, dependent or neglected child as the case may be, and if it shall appear to the court that the public interests and the interest of such child will be best subserved thereby, he may make and order for the return of such child to his or her parents or guardian or friends; or if the offense be malicious trespass the court may as a condition of probation require the damage to be made good, or if the offense be larceny and the stolen property be not restored, the court as a condition of probation may require it to be paid for by the child if it be shown that he is capable of earning the money or has money of his own, or the court may place the child on probation as hereinafter provided; and in all cases the court may decree the child found delinquent, dependent or neglected to be the ward of the court, as far as its person is concerned, and in such cases where any child has been decreed to be a ward of the court the authority of the court over its person shall continue until the court shall otherwise decree. The judge of probate in each county may appoint one or more discreet persons of good character, other than the county agent, to act as probation officers, who shall receive such compensation as the board of supervisors may appropriate for that purpose. The judge of probate may also appoint other probation officers, who shall receive no compensation from the public treasury for the duties performed under such appointment. It shall be the duty of the judge of probate to notify the board of corrections and charities of the appointment of all probation officers made by him under the provisions of this act. All probation officers shall hold office during the pleasure of the court, and shall report to the said court upon all cases under their care and also to the State board of corrections and charities. The child found delinquent may be placed on probation for such time and upon such condition as the court may determine, and such child so released on probation may be furnished with a written statement of the terms and conditions of release. At any time during the probationary term of a child released on probation as aforesaid, the court may in its discretion revoke or terminate such probation. If the child be found to be wilfully wayward and unmanageable and in any case upon the adjudication of delinquency, if, in the judgment of the court, the welfare of the child and the interests of the public require, the court may cause him or her to be sent to the Industrial School for Boys at Lansing or the Industrial Home for Girls at Adrian or to any State institution authorized by law to receive such

boy or girl, subject to such conditions of sex, age and character of offense for which committed and duration of commitment, as is or may be provided by law for the reception of children in said school, home or institution or to any duly incorporated asylum, hospital or home in this State. In such case a duly exemplified copy of the petition, order of disposition in the case and report of the county agent shall accompany said child to the said institution, and the child shall be placed in the care of the county agent, juvenile matron or some reliable person designated by the court, other than the sheriff, to bé conveyed to the institution, for which services the same compensation shall be allowed as is paid sheriffs in like cases: Provided, That the court may in its discretion transfer the trial of any boy over the age of sixteen years and under the age of seventeen years to the regular circuit, justice or municipal court, and cause a new complaint to be made to conform to the practice of said court.

Am. Id.

Duty When Child Under 17 Arrested.

(6) SEC. 6. Whenever any child under the age of seventeen years is arrested, with or without a warrant, such child shall be taken immediately before the juvenile division of the probate court, and the officer making the arrest shall immediately make and file a petition against such child as herein before provided; and the said court shall proceed to hear and determine the matter in like manner as hereinbefore provided. If, during the pendency of any criminal case against any child in any police or justice court of this State, it shall be ascertained that said child is under the age of seventeen years, it shall be the duty of the police magistrate or justice of the peace before whom such case is pending, to immediately transfer such case, together with all papers connected therewith to the said court, except in cases where the child is over fourteen years of age and is charged with a felony. Upon such transfer the said court may proceed to hear and dispose of the case in the same manner as if said child had been brought before the court upon petition, as herein before provided, and the court shall require an investigation to be made as in other cases under this act.

May Be Committed to State Institution.

(7) SEC. 7. When any child under the age of seventeen years shall be found to be a dependent or neglected child within the meaning of this act, the court may make an order committing the child to the care of some suitable State institution subject to the law and regulations governing such institution, or to the care of some reputable citizen of good moral character, or to the care of some training school, or industrial school as such provided by law, to the care of some association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been approved by the State board of corrections and charities. The court shall, when the health or condition of the child shall require, cause the child to be placed in a public hospital or in an institution for treatment or special care, or in a private hospital or institution, for special care or treatment, the expense to be paid from the general fund of the county of which the child is a resident.