child; and (b) of each of the parents or the surviving parents of a legitimate child or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any of such child; (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner, then, of a near relative, or that none such is known to petitioner. The petition shall also state the residences of such parties so far as the same are known to such petitioner. All persons as named in such petition shall be made defendants by name and shall be notified of such proceedings of summons if residents of this State in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this State except only as herein otherwise provided.

All persons if any who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of "all whom it may concern." The petition shall be verified by affidavit, which affidavit shall be sufficient upon inforImation and belief. Process shall be issued against all persons made. parties by the designation of "all whom it may concern," by such description, and notice given by publication as is required in this Act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names. (As amended by an Act approved June 4, 1907.)

§ 5. The summons shall require the person alleged to have the custody of such child to appear with the child at that time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the sheriff, or by any duly appointed probation officer, even though such officer be the petitioner. The return of such summons with endorsement of service by the sheriff or by such probation officer in accordance herewith shall be sufficient proof thereof.

Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or has gone out of the State or on due inquiry can not be found, or is concealed within this State or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of "all whom it may concern" the clerk shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this State, which shall be substantially as follows:

A, B, C, D, etc. (here giving the names of such named defendants, if any) and to "all whom it may concern" (if there be any defendant under such designation).

Take notice that on the......day of.
...in the..

A.D. 190.. a

.court of. ., declared a (dependent

petition was filed by. county to have a certain child, named... or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption).

Now, unless you appear within twenty days after the date of this notice and show cause against such application, the petition shall be taken for confessed, and a decree entered.

Dated (the date of publication).

F...

Clerk and he shall also, within ten days after the publication of such notice, send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition and who shall not have been served with summons. Notice given by publication as is required by this Act shall be the only publication notice required either in the case of residents, non-residents or otherwise. The certificate of the clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on the return day of the summons or if such summons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed.

If a person having the custody or control of the child shall fail, without reasonable cause, to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall

be returned not served upon the person having the custody or control of such child, or such person fails to obey the same, and in any case when it shall be made to appear to the court by affidavit, which may be on information and belief that such summons will be ineffectual, to secure the presence of the child, a warrant may issue on the order of the court either against the parents, or either of them, or guardian, or the person having the custody or control of the child, or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto or as soon thereafter as may be, the court shall proceed to hear evidence. The court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition, and pending the final disposition of the case, the court may continue the hearing from time to time and may allow such child to remain in the possession of its custodian, or in its own home subject to the friendly visitation of a probation officer or it may order such child to be placed in the custody of a probation officer of the court, or of any other suitable person appointed by the court, or to be kept in some suitable place provided by the city or county authorities. (As amended by an Act approved June 4, 1907.)

6. The court shall have authority to appoint or designate one or more discreet persons of good character to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation from the public treasury. In case a probation officer shall be appointed by any court, it shall be the duty of the clerk of the court, if practicable, to notify the said probation officer in advance when any child is to be brought before the court; it shall be the duty of the said probation officer to make such investigation as may be required by the court; to be present in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the judge may require; and to take such charge of any child before and after trial as may be directed by the court: Provided, however, that in counties having over five hundred thousand population, the judges of the circuit court, by rule to be entered of record, shall determine a number of probation officers, including one head probation officer, to be employed during each year, who shall be paid a suitable compensation for their services. The head probation officer shall have charge and control of all other probation officers, subject to the direction of the court. The judges of said court shall notify the president of the board of county commissioners or supervisors of said county, as the case may be, of the number of said probation officers so determined, who are to be paid as herein provided; and said probation officers, including the head probation officer, as aforesaid, shall be appointed in the same manner and under the same rules and regulations as other officers or employees in the said county under the board of commissioners or supervisors of the county, as the case may be, and shall be paid a suitable compensation by the county for their services, the amount thereof to be determined by such board of commissioners or supervisors, as the case may be: Provided, further, that in counties having a population of less than five hundred thousand (500,000), the county judge of any such county shall have the authority to designate some suitable person to act as probation officer, during the pleasure of the court; and such probation officer shall be paid a suitable compensation for his services, such compensation to be fixed by the board of county commissioners, or board of supervisors of such county, as the case may be, such compensation to be paid out of the county treasury by such county, monthly, upon certification by the county judge of such county. Such board of county commissioners or board of supervisors of any such counties may, if they deem it necessary or advisable, upon recommendation of the county judge, provide for the employment of additional probation officers, and shall have like authority to fix their compensation; and if such additional probation officers are authorized, as aforesaid, the same shall be appointed by the county judge of such county, and be paid out of the county treasury, monthly, upon proper certification of such county judge. Such probation officers shall have the same powers and perform the same duties as other probation officers under the provisions of this Act. Nothing herein contained, however, shall be held to limit or abridge the power of the judge or judges so designated under section. 3 of this Act to hear cases coming under this Act, to appoint persons or probation officers whom said judge or judges may see fit, and who

shall serve without pay for such services as probation officers. amended by an Act approved April 19, 1907.)

(As

§ 7. If the court shall find any male child under the age of 17 years or any female child under the age of 18 years to be dependent or neglected within the meaning of this Act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer. And if the parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate or discipline such child and that it is for the interest of such child and of the People of this State and that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character and order such guardian to place such child in some suitable family home or other suitable place, which such guardian may provide for such child, or the court may enter an order committing such child to some suitable State institution organized for the care of dependent or neglected children, or to some training school or industrial school or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinafter provided. If the parent or parents of such dependent or neglected child are poor and unable to properly care for the said child, but are otherwise proper guardians and it is for the welfare of such child to remain at home, the court may enter an order finding such facts and fixing the amount of money necessary to enable the parent or parents to properly care for such child, and thereupon it shall be the duty of the county board, through its county agent or otherwise, to pay to such parent or parents or to such other person for them as the court may direct at such times as said order may designate the amount so specified for the care of such dependent or neglected child until the further order of the court. (As amended by an Act approved June 5, 1911.)

§ 8. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in such institution or with such association, whereof he is such officer and to hold such child, care for, train and educate it subject to the rules and laws that may be in force from time to time governing such institution or association. (As amended by an Act approved June 4, 1907.)

§ 9. If the court shall find any male child under the age of 17 years or any female child under the age of 18 years to be delinquent within the meaning of this Act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, such child to report to the probation officer as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate or discipline such child

and shall further find that it is for the interest of such child and of the People of this State that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the court may commit such child to some training school for boys if a male child or to an industrial school for girls if a female child, or to any institution incorporated under the laws of this State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including St. Charles School for Boys and State Training School for Girls, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time, governing such institution or association.

§ 9a. The court may, in its discretion, in any case of a delinquent child, permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violations of city, village, or town ordinance. In such case the petition filed under this Act shall be dismissed.

89b. The court may, when the health or condition of any child found to be dependent, neglected or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purposes, without charge to the public authorities.

9c. Any child found to be dependent, neglected or delinquent as defined in this Act, and awarded by the court to a guardian, institution or association, shall be held by such guardian, institution or association, as the case may be, by virtue of the order entered of record in such case, and the clerk of the court shall issue and cause to be delivered to such guardian, institution or association a certified copy of such order of the court, which certified copy of such order shall be proof of the authority of such guardian, institution or association in behalf of such child, and no other process need issue to warrant the keeping of such child. The guardianship under this Act shall continue until the court shall by further order otherwise direct but not after such child shall have reached the age of 21 years. Such child or any person interested in such child may, from time to time, upon a proper showing, apply to the court for the appointment of a new guardian or the restoration of such child to the custody of its parents or for the discharge of the guardian so appointed.