Child Under 12 Not Committed to Jail.

(8) SEC. 8. No child under the age of twelve years shall be committed to any jail or police station, but may be committed to the care or custody of the county agent or other suitable person or duly appointed probation officer who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station. No child under seventeen years of age while under arrest, confinement, or conviction for any crime, shall be placed in any apartment or cell of any prison or place of confinement with any adult who shall be under arrest, confinement, or conviction of any crime, or be permitted to remain in any court room during the trial of adults, or be transported in any vehicle of transportation in company with adults charged with or convicted of crime: Provided, That this shall not be construed as repealing act number one hundred ten of the public acts of nineteen hundred one.

Payment of Judges of Probate.

(9) SEC. 9. The judges of probate in each county, excepting counties having more than one judge of probate, shall receive for their services under this act, in addition to their regular salary, the sum of one hundred dollars for each fifteen thousand inhabitants or fraction thereof in their respective counties, which shall be paid from the same fund and in the same manner as their regular salaries are now paid.

Am. 1909, Act 310.

Care of Children Under Orders of Court.

(10) SEC. 10. All children while under orders of the court shall be in the care and custody of the county agent or probation officer or such other person as the court may designate, and all necessary expenses incurred for the proper care and maintenance of said children while in such custody shall be paid by the county treasurer on the order of the court.

Indenture, Apprenticeship, Adoption.

(11) SEC. 11. Any child found to be dependent, neglected or delinquent under this act shall not be indentured, apprenticed or otherwise disposed of, except as is herein provided, and in no case shall any child under the age of seventeen years be placed in any home by indenture, apprenticeship, adoption or on trial by any person, corporation or institution, without the written approval of the home where the child is so placed by the county agent of the county being filed with the probate judge of the said county. In the approval and investigation of homes as herein provided, the county agent shall be allowed his necessary expenses and per diem as is provided in the investigation of cases before the juvenile court, and said accounts shall be certified by the judge with whom the report is filed.

Am. 1909, Act 310.

(12) SEC. 12. In case of the absence or disability of the probate

judge, the provisions of the general law as to filling such temporary vacancies shall apply in all proceedings under this act.

(13) SEC. 13. All acts or parts of acts inconsistent herewith whether local or general are hereby repealed.

Am. 1909, Act 310.

Responsibility of Parents.

An Act to provide for the punishment of persons responsible for or contributing to the delinquency of children.

[Act 314 of 1907.]

The People of the State of Michigan enact:

(14) SECTION 1. In all cases where any child shall be a delinquent child, or a juvenile delinquent person, as defined by the statutes of this State, the parent or parents, legal guardian or person having the custody of such child, or any other person, responsible for or by any act encouraging, causing or contributing to the delinquency of such child shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be punished by a fine not exceeding the sum of one hundred dollars or imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment: Provided, That the court may, in its discretion, suspend sentence upon any person found guilty under this act upon conditions which may be imposed by the court at the time of the suspension of such sentence.

State Public School.

[Extracts from Act 143 of 1903, as amended.]

(15) SEC. 5. If on such examination the said judge shall find that the child is dependent on the public for support and is admissible to said school, he shall enter such finding by

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a proper order in the journal of his court, certifying that the child is dependent on the public for support, is entitled to admission to the State Public School at Coldwater, and shall order it to be taken to said school by the agent of the board of corrections and charities of the county to which the child belongs, and admitted there, and shall deliver to the said agent a certified copy of such order, which shall contain besides said findings a statement of the facts that are herein required to be inquired into, so far as they can be ascertained, to which shall be attached the certificate of the physician required by this act, and the said agent shall deliver such copy with said child at said school to the superintendent thereof as soon as practicable after the making of said order: Provided, That in any case where a child has been committed to the said school and the agent of the county to which the

child belongs shall certify in writing to the judge of probate that he has found a suitable home for the child in his county where the child will be taken on indenture or by adoption, the superintendent of said school may, under such regulations as said board may adopt, notify said agent that he may place the child in the family already provided without bringing it to the school; the name of the child to be entered on the records of the school and indentured and supervised when indentured, and subsequently may be adopted as the other wards of said board. Where authority is given to indenture a child without sending it to said school, the probate judge will order it to be placed in the approved family by the county agent, and shall then send the certified copy of the proceedings before him and the certificate of the physician to said school. Upon entering the order of the court, the child in all cases is admitted to said school and becomes a ward of said board, and the parents of the child are released from all parental duties towards and responsibility for the child; and thereafter they shall have no right to its custody, services or earnings, except in cases where it may be restored to the parents by said board as hereinafter provided.

Am. 1909, Act 47.

Object of Act.

(16) SEC. 6. The object of this act is to provide a temporary home for dependent children in said school, where they shall be retained only until they can be placed in family homes, except as to the children provided for in section seven of this act, who may be retained in the discretion of said board for the purposes provided for in said section. The said board is hereby declared the legal guardian of the persons of all children found dependent on the public for support, on the entering of the order of the judge committing the child to this school, which guardianship shall continue during the minority of the child, except in those cases where the guardianship shall cease as provided in this act. It shall be the duty of said board to use special diligence to provide suitable homes for such children which shall be approved as herein provided; and place them therein on a written agreement to remain until they are twenty-one years of age, or in the discretion of said board, until they are eighteen years of age. Such contracts shall be made by said superintendent on behalf of said board and shall provide for their education in the public schools where they reside, for teaching them some useful occupation, for kind and proper treatment as members of the family where placed, and for the payment on the termination of such contract to said board, for such children, such sum of money as may be agreed on in said contract, which shall contain a clause reserving to said board the right to cancel the same when, in the opinion of said board, the interest of the child requires it, and also, authorizing the person taking the child to cancel the contract at any time within sixty days from its date, on returning the child to said school, free of all expense; except in the case of children who, for any reason cannot be placed or retained in a family home, and who, in the opinion of the board of control, could be fitted morally and physically for a home by being retained in the institution, for manual training or for being taught domestic science or for acquiring any trade, may be retained for that purpose such time as said board may determine: Provided, how

ever, That in the discretion of said board, in case of children not on indenture and over sixteen years of age, such contract may provide only for wages to be paid to the child or to said board for the benefit of the child, and for kind and proper treatment. Whenever any ward of said board, who is not on indenture, and is over sixteen years of age, has become self-supporting, the said board may so declare by resolution, and thereupon said guardianship shall cease, and the child shall thereafter be entitled to its own earnings. Whenever one or both of the parents of any ward of said board, who is not on indenture, have become able to support it, and the home is a suitable one for the child, it may, by resolution of said board, be restored to its parents; in which case the suitableness of the home shall be certified in the same manner as herein required for placing children on indenture, and thereupon said guardianship shall cease.

Certain Children Received.

(17) SEC. 7. The State Public School shall receive all children committed to it, pursuant to this act, and it shall be unlawful for the superintendents of the poor to retain and support in their county any child admissible to this institution, or to indenture or give away any such child. The expense of transportation of such children to said school, pursuant to law, and that of returning them to their counties after their admission, as improper inmates of said school, shall be audited by the board of State auditors and paid from the general fund. This act shall, in all respects, apply to children of such age, under one year and between the ages of twelve and fourteen years as said board may elect: Provided, That in the case of those under one year of age and between the ages of twelve and fourteen years they shall be received into said school when there is room for them and provision has been made for their support and education while therein, under such regulations as the said board may establish, which shall include the provision that the superintendent of said school, being so authorized by said board, shall endorse on the petition his certificate stating that there is room in the institution for the admission of the child, and that provision has been made for its support and education while therein. In those counties in which the distinction between township and county poor is maintained, it shall be the duty of the superintendents of the poor of such counties, on the written request of the supervisor of such township, to act for such township in securing the admission of dependent children of such township to said school and in all respects, as though such children were supported by the county.

Am. 1907, Act 301.

When Children Returned.

(18) SEC. 8. There shall be received into said school those children who have been declared dependent on the public for support, as provided in this act, and they shall be retained therein until they are sixteen years of age, and longer in the discretion of said board, unless they are, before sixteen years of age, sent out as herein provided. The said board is authorized to return to the counties from which they were sent, the following classes of children:

First, Those who have become sixteen years of age and who, for any

reason, cannot be placed in or retained in family homes, excepting therefrom, those retained for instruction in some industry;

Second, Those who, by reason of vicious habits or incorrigibility cannot be placed in or retained in family homes, nor retained with safety at the institution;

Third, Those who, in the opinion of said board, based on the certificate of the physician of said school, are of unsound mind or body or have some serious physical disability which prevents their being placed in family homes, or taught some useful occupation. While in said school they shall be maintained and educated in the branches usually taught in the common schools. They shall have proper moral and physical training and shall be taught how to labor as far as their age and condition will permit. Whenever any child shall be ordered by said board to be returned to its county, as herein provided, the guardianship of said board shall cease, and the child shall thereupon become a charge on the county from which it was sent, and the superintendent of said school, in returning the child to its county, shall report in writing, to the superintendents of the poor of the proper county, the action of said board and the reasons therefor, which report, if for physical or mental disability, shall be accompanied by a certificate of the physician of the school, giving the nature of the disability.

Industrial School for Boys.

(19) § 2197. SECTION 1. Every male person under the age of sixteen years and over the age of ten years, who shall be convicted before any court or magistrate of competent jurisdiction, for any offense punishable by law, by fine or imprisonment, or both, and who in the opinion of the court or magistrate would be a fit subject for commitment to the industrial school for boys, may be sentenced by such court or magistrate to the industrial school for boys until he shall reach the age of seventeen years, or until discharged by law, and such court or magistrate shall certify to the superintendent of said industrial school for boys the age of all persons committed, as near as can be ascertained, with cause of commitment, embracing all important facts connected therewith: Provided, That no person under the age of twelve years shall be sentenced to the industrial school for boys as a juvenile disorderly person, or as a truant and disorderly person: Provided further, That all judgments and commitments rendered and made under this act, by police courts and justices of the peace shall, upon the reviewal by the proper circuit or probate judge of the proceedings and testimony taken and had on the trial, be approved; and that if such sentence be disapproved such police court or justice is hereby authorized to pass sentence as in other cases provided by law.

Am. 1905, Act 266.

Boys under 12 years of age guilty of offenses under the provision of this section, not admissible.-Opinion of Att'y General, October 28, 1908.