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Proceedings not deemed

criminal pro

ceedings. Felony tried by criminal procedure.

Trials, etc., where held.

'Juvenile

court record."

certain persons from court room. Detention place to be.

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.

SEC. 3. All examinations or trials of cases coming under the provisions of this act shall be held 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 finding 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 Exclusion of 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 provided, etc. 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, lockup, police station or other place of confinement used for the incarceration of adult criminals or adults 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. Such place of detention shall be in charge of a matron or other person, capable and of good moral character. Child may Any child held in said place of detention shall have the right give bond, to give bond or other security for its appearance at the trial Appointment 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: Proviso as to Provided, That the prosecuting attorney shall appear for the people when ordered by the court.

Location of.

In whose charge.

etc.

of counsel for defense, how paid.

prosecuting attorney. County agents,

Oath of office, filing of, etc.

SEC. 4. The Governor shall appoint, in each county of this appointment State, an agent of the State Board of Corrections and Charities, 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

by whom

out on contract, indenture or adoption, any child. The said Compensation, agent shall receive as compensation for his services under this how paid. 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 Services, etc., such services and expenses relate to the indenture, adoption certified. 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; such bill shall specify the time spent, manner of travel, miles traveled and each item of expense incurred. Said agent shall visit all Duties of. 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, cancellation indentures by which any child shall be placed in a home from of 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 Notice of whenever any child indentured from any State institution has been adopted, notice thereof shall be given to 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.

cancellation.

delinquent

filing of.

SEC. 5. Upon the filing with the court of a sworn petition, Petition as to setting forth upon knowledge, or upon information and belief, children, 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 may, before any further pro

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Notice of to ceeding is had in the case, give notice thereof to said county county agent. agent, or to a duly appointed probation officer, who shall have opportunity allowed him to investigate the facts and cirCounty agent cumstances surrounding the case, and upon receiving such to investigate notice, the county agent or probation officer shall immediately

etc..

Summons, when and to by court.

In case of failure to appear.

When writ may issue.

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; and if, after full investigation, it shall whom issued appear to the court that the 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 or persons 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. 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 contempt 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 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 the 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 interests of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents or guardians 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 under 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

Proceedings in case.

When child may be returned to

parents, etc.

In case of malicious trespass.

In case of. larceny.

Child may be ward of court.

officers, ap

revoke

person is concerned, and in such cases where any child has been decreed to a ward of the court, the authority of the court over its person shall continue until the court shall otherwise decree. The court may, in its discretion, appoint one or more Probation discreet persons of good character, other than the county pointment agent, to act as probation officers, who, under the order of the and duties of. court, shall exercise in all cases assigned them the same authority, direction and control of said child as is exercised. by the county agent in like circumstances. Said probation To report. officers shall report to the court upon all cases under their care, and also to the State Board of Corrections and Charities: Provided, That the probation officers so appointed Proviso as to shall receive no compensation from the public treasury for the compensation. duties performed under such appointment. The child found Delinquent child may delinquent may be placed on probation for such time and be placed on upon such condition as the court may determine and such probation. child so released on probation may be furnished with a written statement of the terms and conditions of release. At any Court may time during the probationary term of a child released on pro- probation. bation as aforesaid, the court may, in its discretion, revoke or terminate such probation. If the child be found to be willfully When child wayward and unmanageable, and in any case upon the ad- may be sent judication of delinquency, if in the judgment of the court the institution. 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, and in such case the report of the county agent or probation officer shall be attached to the mittimus and the child shall be placed in charge of the county agent or some person designated by the court to be conveyed to the institution, for which service the same compensation shall be allowed as is paid sheriffs in like cases: Provided, That when a girl is to be conveyed to any Proviso as to institution, the court shall appoint a suitable woman to ac- girls. company such girl.

to certain

conveying

seventeen

court.

SEC. 6. Whenever any child under the age of seventeen Child under years is arrested, with or without a warrant, such child shall arrested, to be be taken immediately before the Juvenile Division of the taken immediately beProbate Court, and the officer making the arrest shall im- fore the mediately make and file a petition against such child as here- juvenile inbefore 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 When case to any child in any police or justice court of this State, it shall from police be ascertained that said child is under the age of seventeen court, etc. 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 there

be transferred

Proceedings of juvenile court upon transfer.

Dependent child under seventeen

may be committed to state insti

tution, etc.

with 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 hereinbefore provided, and the court shall require an investigation to be made as in other cases under this act.

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 When placed Board of Corrections and Charities. The court shall, when in hospital,

etc.

Child under twelve not committed to jail, etc.

Child under seventeen

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.

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, 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 repeal certain construed as repealing act number one hundred ten of the public acts of nineteen hundred one.

etc., not confined with adults.

Proviso, not

construed to

act.

to.

Judges of SEC. 9. The judges of probate shall receive for their serprobate, compensation, vices 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: Provided, That in counties having cities in which municipal juvenile courts are or may be established, the population of said cities shall be deducted in computing the amount of salary of the probate judge for said county.

Proviso as to counties having cities

with juvenile

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