Gambar halaman
PDF
ePub

longer to the interest of such child to remain with such parent, parents or guardian the court may proceed to the final disposition of the case.

Section 9. This act shall be liberally construed to the end that its purpose may be carried out, to-wit: that proper guardianship may be provided for in order that the child may be educated and cared for, as far as practicable, in such manner as best subserves its moral and physical welfare, and as far as practicable in proper cases that the parent, parents or guardian of such children may be compelled to perform their moral and legal duty in the interest of the child.

Section 10. Nothing herein shall be construed to repeal any part of the acts concerning delinquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. All other acts or parts of acts inconsistent herewith are hereby repealed.

Section II. In the opinion of the General Assembly an emergency exists, therefore this act shall be in force from and after its passage.

LAWS CONCERNING THE POWERS AND APPOINTMENT OF PROBATION OFFICERS IN COLORADO.

The experience of the Juvenile Court of Denver for four years has convinced its officers that the work could be greatly facilitated and assisted if the probation officers had the power to file complaints against parents, instead of being compelled, as at present, to wait upon the district attorney or his deputy to take such action, and when there is often delay and difficulty. It has always been found that a paid probation officer in each county can render a service to the county by the work to be done under these laws, which is economy to the state in saving citzienship as well as money, as will be fully demonstrated to anyone who will read the chapter on "Expense" and "Results," in the booklet called "The Problem of the Chldren," and the appointment of such officers and powers conferred upon them, where necessary, is more than justifiable. The bills proposed as a result of our experience for the past four years in this respect are needed and will in all probability become laws at the present legislature (January, 1905). The principal laws relate to powers of probation officers and their appointment.

AN ACT TO CONFER UPON PROBATION OFFICERS POWER AND AUTHORITY TO FILE COMPLAINTS OR INFORMATIONS AND TO CONDUCT PROCEEDINGS IN COURTS AGAINST PARENTS OR OTHER PERSONS WHO MAY VIOLATE ANY LAW OR LAWS OF THIS STATE INTENDED FOR THE CARE, CORRECTION OR PROTECTION OF CHILDREN OR MINORS.

Be it enacted by the General Assembly of the State of Colorado:

Section 1. Probation officers in their respective counties, appointed by the county court, as provided for by the laws of this state, concerning delinquent children, are hereby vested with all the power and authority of district attorneys of such state to file complaints or informations and to prosecute and conduct proceedings, and in all respects to represent the people in like manner and with like effect as district attorneys, in all cases against any parent, guardian, or other person who may violate any law or laws of this state intended for the care, education, correction or protection of children or minors, or which may provide for the punishment of any person or persons who may be reponsible for or by any act cause, encourage or contribute to the delinquency, dependency or neglect of any child or children.

Section 2. It shall be the duty of any district attorney, when requested so to do by the court in which any such complaint or information is filed, to appear with or for such probation officer on behalf of the people, for the purpose of conducting any hearing or trial of any such case, and when so requested he shall represent, prosecute and conduct such case in the same manner and with like power and effect as though the complaint or information was originally filed by the district attorney of the county, provided that when such district attorney shall so appear, he shall be entitled to charge and receive from the county the same fees which he would have been entitled by law to receive in case such complaint or information had been originally filed by him.

Section 3. Nothing herein shall be construed to change or modify the right of district attorneys to also file such complaints or informations in all such cases; provided that in any case where such complaint or information has been first filed by such probation officer no other complaint or information shall be filed until the one so filed by such probation officer has been first heard or disposed of by the court.

AN ACT CONCERNING THE SUPPORT BY PARENTS OR OTHERS OF CHILDREN COMMITTED TO THE CARE OR CUSTODY OF STATE OR OTHER INSTITUTIONS OR PERSONS.

Be it enacted by the General Assembly of the State of Colorado:

Section I. The commitment of any child, under any laws of this state, to any state or other institution or perso shall not relieve the parents or legal guardian of such child from responsibility for the support of such child. It shall be the duty of any court committing any child to any state institution, or any private institution, where such child is kept at the expense of the county or state, at the time of such commitment, to forthwith notify the district attorney if a state expense, and the county attorney if a county expense, of the name and address of such parent or parents, and such other information as may be adduced at any hearng of such case, concerning the financial responsibility of such parent or parents to care for such child, and in order to obtain such information any court committing any such child, at the time of such commitment, is authorized and empowered to require the attendance of such parent, parents or legal guardian, upon such court, or at any convenient time to be designated by the court, to be examined under oath concerning their property, possessions and financial responsibility, and upon the failure of any such person to attend upon such court, as required by this act, they may be adjudged guilty of contempt of court and proceeded against as in other cases of contempt.

Section 2. The state of Colorado, or the county, as the case may be, at whose expense such child is kept, shall be entitled to recover from such parent, parents or legal guardian, or other person responsible for the support of such child, such sum for the care, support and maintenance of such child as may be reasonable therefor, and in no case shall such sum be less than the per capita monthly or yearly amount of such expense in the institution in which the child is confined, or actual expense incurred by the state or county, as the case may be, for the care and maintenance of such child. Any such action or proceedings by the state or county against any such parent shall be conducted in accordance with the procedure in civil cases; provided, that in case any such action or proceedings be maintained by the state the same shall be

brought in the name of the people of the state of Colorado, and any moneys recovered in any such action shall be paid to the state treasurer and credited to the particular fund for the benefit of the institution having the custody and care of such child. If such action is maintained by the county in such cases where the county pays the expense of the care and maintenance of such child, such action shall be in the name of the board of county commissioners of such county, or other body performing the functions of a board of county commissioners, and any amount collected in any such action shall be paid to the county treasurer of such county. When such action shall be prosecuted to final judgment, and such judgment rendered in any such cause, in favor of the people of the state of Colorado, or the board of county commissioners of the county prosecuting such action, as the case may be, an execution may issue against the property of the defendant, as in other civil cases.

Section 3. On or before the first day of December of each year it shall be the duty of the district attorney and the county attorneys respectively to make a written report to the governor of the state, stating the numbers of reports provided for herein, received from the courts of the county or state, and the nature and result of any action directed herein by such officers respectively to recover from such parents the expenses of the care and maintenance of such children. In case no such action has been taken, such report shall detail the reason for the failure of such officer to take such action. It shall be the duty of the state treasurer, upon the order of the district attorneys bringing such actions in their respective districts, to pay out of any state fund not otherwise appropriated any costs or expenses necessary for the prosecution of any such suit provided for herein. It shall also be the duty of the county commissioners to pay any court costs of other expenses necessary for the prosecution of any suit provided for herein, brought by the county attorney. Nothing in this act act shall be construed to repeal any law of this state concerning the responsibility of parents to support their children, or providing for the punishment of parents or other persons responsible for, causing, encouraging or contributing to the delinquency or dependency of children; or providing for the punishment of any parent or parents for the non-support of their children, and nothing in such acts shall prevent proceedings under this act in any proper case.

Section 4. Whereas, in the opinion of the General Assembly, an emergency exists; therefore, this act shall be in force from and after its passage.

AN ACT CONCERNING PROBATION OFFICERS AND PROVIDING FOR THEIR APPOINTMENT. Be it enacted by the General Assembly of the State of Colorado:

Section I. In all counties of this state having a population of less than fifteen thousand where in the the opinion of the county court and the county commissioners it shall be necessary to provide for compensation for a probation officer to carry out the provisions of the law concerning delinquent children, the county judge is authorized and empowered to appoint one probation officer, if deemed necessary, at such compensation, to be paid by the county, as shall be agreed upon by said court and the county commissioners.

Section 2. In counties of over fifteen thousand poulation, according to the latest federal census, the county judge, if deemed necessary by him to carry out the provisions of the law concerning delinquent children, is authorized to appoint not to exceed one, and if considered necessary by the county commissioners, not to exceed two probation officers, at the compensation provided by law, to be paid by the county for probation officers in counties of over one hundred thousand population; provided, that any such appointment shall be submitted to the State Board of Charities and Corrections, and such appointee approved by said board as a qualified and proper person to discharge the duties of such office; and it shall be the duty of said board to approve or disapprove of such appointees within thirty days after submission thereof in writing by the courty court, and a failure to act thereon in such time shall constitute an approval of such appointment.

Section 3. In counties of over one hundred thousand population the county court shall have power and authority to appoint two additional probation officers, upon the same terms, and at the same compensation for such officers as now provided by the law concerning delinquent children. In case there shall be two judges of any county court and they cannot agree upon the appointment of any probation officer provided for by law, the judge thereof who is the senior in time and length of service shall make such appoinments.

« SebelumnyaLanjutkan »