The Juvenile Court Law. (Approved March 10, 1903. Acts of 1903, Chapter 237.)

An Act providing for a Juvenile Court, providing for the appointment of probation officers, outlining their duties, specifying their compensation; providing a lawful method of procedure against juvenile delinquents, specifying places for their temporary and permanent detention, and the compensation for their care; providing for time and place of trial; providing that no destitute girl shall be sent to the Industrial School for Girls; providing for the approval of the Board of State Charities in certain contingencies; repealing laws inconsistent herewith, and declaring an emergency.

Section 1. Be it enacted by the General Assembly of the State of Indiana, That in every county of this state containing a city with a population of one hundred thousand inhabitants, according to the last preceding United States census, there shall be created a special court, to be known as the Juvenile Court, which shall have jurisdiction in all cases relating to children, including juvenile delinquents, truants, children petitioned for by boards of children's guardians, and all other cases where the custody or legal punishment of children is in question, but said court shall not have probate jurisdiction. The judge of said court shall be known as the judge of the Juvenile Court, and shall be elected by the qualified voters of said county at the time of the general election of state officers, shall hold his office for a term of four years, or until his successor is elected, shall be removed from office in the same manner as the judge of the Circuit Court is removed, shall receive a salary of 2,500 per year, payable by the county wherein situated, and to be eligible for the office shall be a citizen of and a legal voter of the state and a parent, and not less than forty years of age. Pending the next general election after the taking effect of this act, the governor of the state shall appoint a suitable person to be judge of the Juvenile Court, who shall serve till his successor shall be elected. The clerk of the Circuit Court shall be the clerk of the Juvenile Court, and shall keep a record of the proceedings in a book to be known as the juvenile record. Corresponding appropriations for the support of the Juvenile Court as are made for the Circuit court shall be made by the county council. A room shall be set apart in the court house for the use of said Juvenile Court, and shall be known as the Juvenile Court room. Provided, That in those counties that do not contain a city

with 100,000 inhabitants, the judge of the Circuit Court shall be the judge of the Juvenile Court: Provided, That no child need be tried in the Juvenile Court on a charge of truancy except he be a resident of a city containing one hundred thousand (100,000) inhabitants.

Sec. 2. In every county of this state having a population of fifty thousand (50,000) or above, according to the last preceding United States census, there shall be appointed by the judge of the Circuit Court having jurisdiction, one discreet person of good moral character, who shall be known as probation officer, and shall serve during the pleasure of the court, and shall receive for his or her services the sum of three dollar ($3.00) per day for each day or part of a day he may be actually on duty. Said sum to cover salary and necessary official expenses, and to be paid by the country treasurer out of any funds appropriated for the use of the judge of the Circuit Court, upon itemized vouchers sworn to by said officer and certified to by the judge of the Circuit Court: Provided, That said judge of the Circuit Court, if in his opinion the circumstances require, may appoint a second person to serve as probation officer, who shall receive the same compensation as is above indicated. And provided, That said judge of the Circuit Court may appoint as probation officers such other discreet persons of good moral character as are willing to serve without compensation from the court: And provided, That in counties having a population of less than fifty thousand (50,000) the circuit judge having jurisdiction may appoint one discreet person of good moral character as probation officer, who shall be compensated as above indicated, and may appoint such other discreet persons of good moral characters as probation officers who are willing to serve without compensation from the court: Provided: That in counties where a special Juvenile Court is established under Section 1 of this act, the probation officer or officers shall be appointed by the judge of the Juvenile Court and serve at his pleasure and be paid on his order. It shall be the duty of the clerk of the Circupit Court immediately on the appointment of a probation officer, to notify all courts and magistrates of any county in which said officer is appointed, giving them the name and postoffice address of such officer. The duties of said probation officer or officers shall be such as are hereinafter described.

Sec. 3. Whenever a complaint is made or pending against a boy before he has completed his sixteenth year, or a girl before she has completed her seven

teenth year, for the commission of any offense not punishable by law with imprisonment for life, or for which the penalty is death before any court or magistrate, it shall be the duty of such court or magistrate at once and before any other proceedings are had in the cause to give notice in writing of the pendency of said cause to the probation officer of his county and forthwith to transmit all papers in said cause to the Juvenile Court with his certificate that jurisdiction in said cause is in said Juvenile Court. Said probation officer shall immediately, or as soon thereafter as possible, proceed to inquire into and make a full examination and investigation of the facts and circumstances surrounding the commission of the alleged offense, the parentage and surroundings of said child, its exact age, habits and school record, and everything that will throw light on its life and character, and may also inquire into the home conditions, habits and character of its parents or guardians, and shall make a full report thereon in writing to the Juvenile Court before such cause is tried. If, upon consultation with the probation officer and examination of such report, it shall appear to the judge of said court that the child is not guilty of the offense charged against it, or that the interest of the child will be best subserved thereby, the court shall order that such child shall be not brought into court and said cause shall be dismissed. Complaints in writing, duly sworn to, may also be filed in the Juvenile Court, as in other courts, against any boy or girl as above provided, and when so filed in said court the probation officer shall make examination and investigation, and make written report thereon exactly as in cases certified to said court from any other court or magistrate, and in such cases it shall be the duty of the Juvenile Court to proceed as in other cases. If upon the trial of any child, it shall appear to the judge of the Juvenile Court, or the judge thereof sitting in vacation, that such child is guilty of the offense charged he may withhold judgment for a definite or indefinite period if it appear that the public interest and the interest of the child will be best subserved thereby, and may order that such child be returned to his or her parents, guardians or friends; or he may commit such child to the care of a volunteer probation officer, who shall exercise supervis ion over it until such time as it is discharged by the court from further supervision upon the recommendation of such volunteer probation officer; or the court or the judge thereof sitting in vacation, may order such child to be placed

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in the family of some suitable person where such family home shall be recommended by the probation officer of the court, there to remain until he or she shall have attained the age of 21 years or for any less time, or the court, or judge thereof sitting in vacation, may order such child to be placed in the home where the county's dependent children are kept; or if it appears to be for the best interests of such child, and such child appears to be need of institutional training the court or the judge thereof sitting in vacation, may order him or her to be committed to some institution managed by a corporation or by an individual, and devoted to the care of such children, for a definite or indefinite period, said institution to be situated in the State of Indiana and to be inspected at least once a year and approved by the Board of State Charities, and to receive for its services a per diem of 25 cents for each day such child may be in its custody, said per diem to be paid by the county sending the child upon itemized vouchers duly certified to by the court; or the court, or the judge thereof sitting in vacation, may impose a fine with costs or the court may, for good cause shown, suspend judgment in any case for a definite or indefinite period; or if the offense be malicious trespass, the court, or the judge thereof sitting in vacation, may require the damage to be made good, or if the offense be petit larceny, and the stolen property be not restored, the court, or the judge thereof sitting in vacation, may require it to be paid for by the defendant himself if it be shown that he is capable of earning the money or has money of his own, and in all the foregoing cases the court, or the judge thereof sitting in vacation, may decree the child to be the ward of the court so far as its person is concerned, and in all cases where any child has been decreed to be a ward of the court the authority of the court over its person shall continue until the court shall otherwise decree, and the court may adopt all needful rules and regulations that may be needed in order to carry out the provisions of this act. In every case in which the court shall commit any child to the care and custody of any institution, as above provided, other than a state institution, and such child shall have a parent or guardian within the county, the court may make and enter an order requiring such parent or guardian to appear before said court upon a day and hour to be named therein and show cause, if any he or she have, why he or she should not pay for the support of such child, in whole or in

part, while it is an inmate of such institution. A certified copy of said order shall be served upon such parent or guardian by the sheriff of the county not less than ten days prior to the day fixed therein for such appearance. Upon due service and return of said order the court shall, upon the day fixed, or upon such subsequent day as may be fixed by the court, hear evidence as to the financial ability of such parent or guardian, and in case the court shall find that such parent or guardian shall pay for or contribute to, the maintenance of such child, the court shall render judgment against such parent or guardian that such parent or guardian shall pay to the clerk of the Juvenile Court such sum as the court shall adjudge and at such times and in such amounts as shall be by the court fund just. And such judgment shall be enforced as other judgments are enforced, and all money collected on such judgments shall be held by the clerk of the Juvenile Court, and shall be remitted by him quarterly to the institution keeping such child or children, and the amount so remitted shall be deducted from the quarterly bill of such institution: Provided, That the clerk of such Juvenile Court shall make a verified report to the court at the close of each quarter of the amount of money so collected on such judgments, which report the judge shall cause to be filed with the county commissioners with the bill rendered by the institution keeping such child. If any child is found guilty of the offense charged against it, or appears to be wilfully wayward and unmanageable, the court may commit him or her to the Indiana Boys' School, the Industrial School for Girls, or to any other state, penal or reformatory institution authorized by law to receive such boy or girl, subject to such conditions as are already provided by law for the reception of such children in said schools and institutions. And in all cases when a child shall be committed to a state or other institution as above provided, the report of the probation officer shall be attached to the commitment and the child be placed in charge of the probation officer, or some person designated by the court, to be conveyed under his direction to the designated institution: Provided, That a woman shall always be sent with the girls so committed, and the person taking such child to the designated institution shall be allowed and paid his or her actual expenses and no more, where he or she is an officer of such Juvenile Court appointed by the court, and in all other cases the person taking such child to any institution shall be allowed and paid for his or her services the same

fees and expenses as are paid to sheriffs in like cases: And, provided, That the court, or the judge thereof sitting in vacation, may, when the health or condition of the child requires it, cause the 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 or for the per diem of 25 cents a day: Provided, That when any child contemplated by this act shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building, yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present: And, provided, That in every trial of any such child he shall be entitled to a trial by a jury of twelve persons if he shall so elect: And, provided, That if any such boy or girl against whom a complaint is made is unable to give bond, and the court, or the judge, thereof sitting in vacation does not release him or her on his or her own recognizance, then said boy or girl shall be entitled to an immediate hearing and trial in the Juvenile Court, according to law: And, provided, That in case the judge of any special Juvenile Court established under the provisions of Section 1 of this act shall be unable to preside therein by reason of serious illness of himself or family, or for any cause disqualifying judges of the Circuit and Superior Courts, he may appoint a judge pro tempore for said court who shall hold said court during such inability, such judge pro tempore to be paid in the same manner and amount as are judges pro tempore appointed by the judges of the Circuit Courts of this state; or the judge of any Circuit Court, the circuit of which is composed of two or more counties, may appoint a judge pro tempore, to act during his absence on official business in another county of the circuit.

Sec. 4. All trials of such children as are affected by this act shall be held in chambers, or in the Juvenile Court room, or the judge may hear the cause in vacation. The judge of such court shall designate a certain time for the trials of such cases, and is hereby empowered to exclude from the court room at such trials any and all persons that in his opinion are not necessary for the trial of the case. The probation officer shall be present at every trial in the interest of the child on trial. (Acts of 1907, Chapter 203. Approved March 9, 1907.)

Sec. 5. The judge of the Circuit Court in counties where a Superior Court is established, shall have author

ity, if necessary, to enable such judge better to discharge his duties as judge of the Juvenile Court to transfer to such Superior Court causes pending in such Circuit Court of which such Superior Court has concurrent jurisdiction.

Sec. 6. Said probation officer shall report his disposition of any child placed in his charge to the judge of the Juvenile Court, also to the Board of State Charities. Unless excused by the court he shall visit every child placed in his charge twice a year at least, and as much oftener as may seem to the court to be necessary, and he shall make a report of each visit to a child to the court and to the Board of State Charities, which report shall set forth the conditions surrounding the child at the time of the visit.

Sec. 7. No court or magistrate, or peace officer shall place a child under the age of 14 years in any jail or police station or lock-up, pending trial, but if such child is unable to give bail it may be placed in the care of the sheriff, police matron, or probation officer, who shall keep such child in some suitable place, provided by the county, pending the final disposition of its case; said county shall have the power to contract for their care with any association or individual possessing facilities for safe keeping and proper care of such children, situated within the State of Indiana: Provided, That such facilities and care shall have the approval of the Board of State Charities, and a per diem not to exceed that allowed by law to the board of children's guardians shall be the compensation to such association or individual for such care of any child placed in charge: And provided, That the actual expenses of the transfer of a child to and from such place of care shall be paid by the county on itemized vouchers in accordance with law, and in all preliminary proceedings against the child, said child shall not appear in person before the court or magistrate, but shall be represented there by the probation officer: Provided, That when a complaint is made by a board of children's guardians in the case of a neglected or ill-treated child, the circuit judge may place said child in the care of the probation officer pending final hearing, in which case the duties of such probation officer shall be the same as pertain to the children contemplated by this act: And provided, That in any county where no probation officer shall have been appointed, the truant officer of that county designated by the judge of the Circuit Court shall act as probation officer and receive the same compensation specified in Section 2 for such

services as he may render as probation officer.

Sec. 8. All associations or individuals maintaining institutions and receiving children under this act shall be subject to the same visitation, inspection and supervision by the Board of State Charities as are the public charitable and penal institutions of this state, and it shall be the duty of said Board of State Charities to pass annually upon the fitness of every such association or individual as may receive, or desire to receive, children under the provisions of this act, and every such association or individual shall annually, at such time as said board shall direct, make report thereto, showing its condition, management and competency to adequately care for such children as are, or may be, committed to it, and such other facts as said board may require, and upon said board being satisfied that such association or individual is competent and has adequate facilities to care for such children, it shall issue to the same a certificate to that effect, which certificate shall continue in force for one year, unless sooner revoked by said board, and no child shall be committed to any such association or individual which shall not have received such certificate within fifteen months next preceding the commitment. The court may at any time require from any such association or individual receiving or desiring to receive children under the provisions of this act, such reports, information and statements as the judge shall deem proper or necessary for his action, and the court shall in no case be required to commit a child to any association or individual whose standing, conduct or care of children, or ability to care for the same is not satisfactory to the court: Provided, That all institutions in this state devoted to the care of dependent, neglected and orphan children, whether supported in whole or in part by public funds, or receiving no public aid, shall be visited and inspected by said Board of State Charities.

Sec. 9. No association whose objects may embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated in this state unless the proposed articles of incorporation shall first have been submitted to the Board of State Charities, and the secretary of state shall not issue a certificate of incorporation unless there shall be first filed in his office the certificate of said Board of State Charities that said board has examined the said articles of incorporation, and that in the judgment of said board the incorporators are reputable persons, that the proposed