having jurisdiction of the matter a petition in writing duly verified by affidavit setting forth such facts as are necessary under this act to give the court jurisdiction of the parties and of the subject matter, and setting forth such other facts, which, when found by the court to be true, shall be the basis upon which the order of relief is entered. It shall be sufficient that the affidavit is upon knowledge, information, and belief. A separate petition shall be filed for each child. The mother of such child and the county board of the county in which the petition is filed shall be made parties respondent to such petition. SEC. 5. Summons.-Upon the filing of such petition a summons returnable not less than three days nor more than ten days after the date thereof shall issue to the respondents named in such petition requiring the mother with such child and all the respondents to appear at a place and time stated in the summoits, which time shall be on the return day of such summons. SEC. 6. Service.-Service of summons shall be made in the same manner as is provided for in the service of a summons in an act entitled "An act to regulate practice in courts of chancery," approved March 15, 1872, in force July 1, 1872. SEC. 7. New process.-Whenever process shall not be returned executed on or before the return day thereof, the court may direct the clerk to issue an alias, pluries, or other process, returnable at a time ordered by the court. SEC. 8. Appearance-Hearing.-The filing of a written appearance by a respondent shall render the service of summons on such respondent unnecessary. The court shall proceed to hear the cause upon the return day of the summons or upon a day thereafter to be fixed by the court without the formality of the respondents filing answers: Provided, All the respondents have either been served with summons or have their written appearance in said cause. SEC. 9. Hearing-Order of payment-Duty of county board.-Upon the hearing in court of a petition under this act, the court, being fully advised in the premises finding the facts alleged in the petition to be true, may make an order upon the county board of the county to pay to the mother of the child or children in whose behalf the petition or petitions are filed an amount of money necessary to enable such mother to properly care for such child or children. It thereupon shall be the duty of the county board, through its county agent or otherwise, to pay to such mother at such times as said order may designate the amount so specified for the care of such child or children until the further order of the court. SEC. 10. Amount of allowance.-The allowance made to such mother shall not exceed fifteen dollars per month when such mother has but one child under the age of fourteen years; and if she has more than one child under such age, the allowance to such mother may be such an amount as the court shall deem sufficient under the particular circumstances of the case: Provided, That in no event shall the relief granted to any one mother and children exceed the sum of ten dollars per month for each additional child: Provided further, That in no case shall the allowance made to any mother exceed the sum of sixty dollars per month. SEC. 11. Conditions upon which relief is granted.—Such relief shall be granted by the court only upon the following conditions: (1) The child or children for whose benefit the relief is granted must be living with the mother of such child or children; (2) the court must find that it is for the welfare of such child or children to remain at home with the mother; (3) the relief shall be granted only when in the absence of such relief the mother would be required to work regularly away from her home and children, or when in the absence of such relief it would be necessary to commit such child or children to a dependent institution, and when by means of such relief she will be able to remain at home with her children, except that she may be absent for work a definite number of days each week to be specified in the court's order, when such work can be done by her without the sacrifice of health or the neglect of home and children; (4) such mother must, in the judgment of the court, be a proper person, physically, mentally, and morally fit, to have the care and custody of her children; (5) the relief granted shall, in the judgment of the court, be necessary to save the child or children from neglect; (6) a mother shall not receive such relief who is the owner of real property or personal property other than the household goods, but no mother who shall be the holder of, or entitled to, a homestead under the exemption laws of this State, or who is the holder of, or entitled to a dower right in real estate, provided the fair cash market value of said real estate is not more than one thousand ($1,000) dollars, shall be denied relief under the provisions of this act; (7) a mother shall not receive such relief who has not resided in the county where the application is made at least three years next before making such application; (8) a mother shall not receive such relief if her child or children has or have relatives of sufficient ability, and who shall be obligated by the finding and judgment of a court of competent jurisdiction, to support them. SEC. 12. Relief for child between 14 and 16 years.-Whenever any child shall arrive at the age of fourteen years any relief granted to the mother for such child shall cease: Provided, If a child of fourteen years of age be ill or is incapacitated for work, the mother shall receive funds for his care during such illness or incapacity for work until such child is sixteen years of age. The court may, in its discretion, at any time before such child reaches the age of fourteen years, modify or vacate the order granting relief to any mother and for any child. SEC. 12a. Residence.-No mother who is not a citizen of the United States can receive relief under the provisions of this act unless such mother has filed application for citizenship papers or has made her declaration of intention to become a citizen of the United States, when in such case or cases such mother may be granted relief under the provisions of this act for each of her children as were born in the United States of America and are under the age of fourteen years. SEC. 13. Presence of husband.-Whenever relief is granted or is about to be granted to a mother whose husband is permanently incapacitated for work by reason of physical or mental infirmity and the presence of such husband in the family is a menace to the physical and moral welfare of the mother or children, then the court may require that such husband be removed from the home and provision for his care made elsewhere, or failing to remove such husband or upon his refusal to be separated from his family, the court may, in its discretion, vacate the order granting relief, or refuse the relief asked for. SEC. 14. Probation officers.-The court having jurisdiction in proceedings coming within the provisions of this act shall have the power to appoint one or more qualified persons of good character, who shall serve and be known as probation officers, during the pleasure of the court, and who shall be paid a suitable compensation by the county for their services, the amount thereof to be determined by the county board. SEC. 15. Duty of probation officers.-It shall be the duty of such officers to investigate all applications for relief and make a written report of such investigation with their recommendations. After granting of relief to any mother for the support of her children it shall be the further duty of such officers to visit and supervise, under the direction of the court, the families to which such relief has been granted and to advise with the court and to perform such other duties as the court may direct in order to maintain the integrity of the family and the welfare of the children. SEC. 16. Levy of tax—Limitation.—The county board in each county shall levy a tax not to exceed one mill on the dollar annually on all taxable property in the county, in counties having a population of not more than 300,000 inhabitants, and not to exceed four-tenths of a mill annually on all taxable property in the county, in counties having a population of over 300,000 inhabitants, such tax to be levied and collected in like manner with the general taxes of such county, and to be known as a mothers' pension fund; which said tax shall be in addition to all other taxes which such county is now, or hereafter may be authorized to levy on the aggregate valuation of all property within such county, and the county clerk, in reducing tax levies under the provisions of section 2 of an act entitled, "An act concerning the levy and extension of taxes," approved May 9, 1901, in force July 1, 1901, as subsequently amended, shall not consider the tax for said mothers' pension fund, authorized by this act, as a part of the general tax levy for county purposes, and shall not include the same in the limitation of three (3) per cent of the assessed valuation upon which taxes are required to be extended. The provisions of this section relating to the power to levy taxes, however, shall extend only for a period of three years beginning with the year A. D. 1919. SEC 17. Partial relief.—Should the fund herein authorized be sufficient to permit an allowance to only a part of the mothers coming within the provisions of this act, the court shall select, in its discretion, those in most urgent need of such allowance. SEC. 18. Penalty for fraud.—Any person or persons fraudulently attempting to obtain or fraudulently obtaining any allowance for relief under this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not to exceed six months, or both. SEC. 19. Repeal.-All acts or parts of acts inconsistent herewith are hereby repealed. Approved June 30, 1913. Amendments approved June 28, 1915; June 11 and 26, 1917; June 21, 1919. Surname Alias.. [Forms used in Juvenile Court of Cook County (Chicago).] Cross references.. being first duly sworn, on oath doth depose and say that the written statements under the various printed headings on the opposite side of this application card were voluntarily made by this affiant and written thereon by direction of this affiant and that the statements thereon, both written and printed, are true in substance and in fact. Subscribed and sworn to before me this day of A. D. 19-. -, Notary Public. |