child, if living, and their residence is known, or its legal guardian, if one there be, or if there is neither parent nor guardian or if his or her residence is not known, then some relative, if there be one and his residence is known, shall be notified of the proceedings, and in any case the judge may appoint some suitable person to act in behalf of the child. If the person summoned as herein provided shall fail to appear or bring the child, without reasonable cause, and abide the order of the court, he may be proceeded against as in case of contempt of court. In case the summons cannot be served or the party served fails to obey the same, and in any case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may issue on the order of the court, either against the parent or guardian of the person having custody of the child or with whom the child may be, or against the child itself. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner, provided, however, that when the child is brought before the court, charged with the commission of a crime, not punishable with imprisonment for life, or the penalty of death, the court may, and if the child, its parents or guardian demands, shall place the child on trial for the commission of such offense. Where the penalty for the offense committed, exceeds a fine of one hundred dollars, or imprisonment for thirty days, the court shall make an examination and in conducting same shall be governed by the provisions of section five thousand two hundred and sixteen (5,216), five thousand two hundred and eighteen (5,218), five thousand two hundred and nineteen (5,219), five thousand two hundred and twenty-one (5,221), five thousand two hundred and twenty-two (5.222), five thousand two hundred and twenty-three (5,223), five thousand two hundred and twenty-four (5,224), five thousand two hundred and twenty-five (5,225), five thousand two hundred and twenty-six (5,226), ( five thousand two hundred and twenty-seven (5,227), and five thousand two hundred and thirty-nine (5,239) of the Code and shall make certificate, order of discharge or commitment, issue warrant, require undertakings of witnesses and security and commit witnesses as provided by sections five thousand two hundred and twenty-eight (5,228) to five thousand two hundred and thirty-five (5,235) of the Code inclusive. If the child is unable to furnish the required bail, the child may, pending the final disposition of the case, be detained in the possession of the person having charge of the same, or may be kept in a suitable place provided by the city or county authorities. If the crime is not triable on indictment or if it appears on the examination that a public offense has been committed which is not triable on indictment the court may order any peace officer to file an information against the child before him and shall proceed to try the case before a jury of twelve men, selected as in a justice's court. The proceedings, costs and taxation thereof, shall be as provided for trials in the district court and the defendant shall be entitled to his exceptions and right of appeal.

§ 5. [Discretionary powers of court.] When any such boy or girl shall be found guilty of the commission of a crime, not punishable with imprisonment for life, or the penalty of death, the court in its discretion, may, instead of entering judgment of conviction, make order concerning such child in manner as hereinafter provided.

§ 6. [Probation officers.] 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 officer 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 said court; it shall be the duty of 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.

§ 7. [Exclusion from court room.] The judge of such court shall designate a certain time for the hearing of such cases and is hereby empowered when tried in a summary manner as provided in section four (4) hereof, to exclude from the courtroom at such hearing any and all persons that in his opinion, are not necessary for the hearing of the case. The probation officer shall be present at every hearing in the interest of the child.

§ 8. [Commitment.] When any child of the age stated in section two (2), hereof, shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable state institution, or to the care of some reputable citizen of good moral character, or to the care of some industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its objects the purpose of caring for and obtaining homes for dependent and neglected children, which association shall have been accredited as hereinafter provided. The court may, when the health or condition of the child may require 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.

§ 9. [Guardianship-Decree for adoption.] In any case where the court shall award a child to the care of any association or individual in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward and subject to guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may by his or its attorney or agent appear in any court where such proceedings are pending and assent to such adoption. And such assent shall be sufficient to authorize the court to enter the proper order or decree for adoption. Such guardianship shall not include the guardianship of any estate of the child.

§ 10. [Disposition of child by agreement.] It shall be lawful for the parent, parents, guardian or other person having a right to dispose of [a] dependent or neglected child to enter into an agreement with any association or institution incorporated under any public law of this state for the purpose of aiding, caring for or placing in home such children, and being approved as herein provided, for the surrender of such child to such association or institution, to be taken and cared for by such association or institution or put in a family home. Such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution, by its attorney or agent, to appear in any proceeding for the legal adoption of the child and consent to its adoption, and the order of the court made upon such consent shall be binding upon the child and its parents or guardian or other person the same as if such person were personally in court and consented thereto, whether made party to the proceedings or not.

§ 11. [Optional commitments-Parole.] In the case of a delinquent child, the court may continue the hearing from time to time, and may commit the child to the care or custody of a probation officer, and may allow said child to remain in its own home subject to the visitation of the probation officer; such child to report to the probation officer as often as may be required, and subject to be returned to the court for further or other proceedings whenever such action may appear to be necessary; or the court may cause the child to be placed in a suitable family home, subject to the friendly supervision of the probation officer and the further order of the court; or it may authorize the child 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 of such child, until a suitable provision may be made in a home without such payment; or the court may commit such child, if a boy, to an industrial school for boys; or, if a girl, to an industrial school for girls; or the court may commit the child to any institution within the county, incorporated under the laws of this state, that may care for delinquent children, or be provided by a city or county, suitable for the care of such children, or to any state institution which may be established for the care of delinquent boys or girls over the age of ten years. In no case shall a child be committed beyond his or her minority. A child committed to such institution shall be subject to the control of the board of managers thereof, and said board shall have power to parole the child on such conditions as it may prescribe; and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected or dependent children, and that has been duly accredited as hereinafter provided.

§ 12. [Custody of child.] No court or magistrate shall commit a child not yet having reached his seventeenth birthday, to jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer, probation officer, or other person, who shall keep such child in some suitable place provided by the city or county, outside the enclosure of any jail or police station. When any child 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 yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present. Any such child, taken before any justice of the peace or police court, in such counties, charged with misdemeanor, shall, together with the case, be at once transferred by said justice of the peace or police court, to said district court and proper order shall be made therefor.

§ 13. [Support of child.] In any case in which the court shall find a child dependent, neglected or delinquent, it may, in the same subsequent proceedings, upon the parents of said child or either of them, being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent or parents to support the child or contribute thereto, and if the court shall find such parent or parents able to support the child or contribute to its support, the court may enter such order or decree as shall be according to equity in the premises, and may enforce the same by execution or in any way in which a court of equity may enforce its orders or decrees.

§ 14. [Supervision of institutions-Annual reports.] The Board of Control shall designate and approve the institutions and associations to have charge of juveniles under this act and shall have supervision, oversight and right of visitation (by all or any of its members or by such persons as it shall appoint thereto) to all institutions and associations having charge of juveniles under this act, and said court, institutions and associations shall make annual reports in the first fifteen days in January of each year to said Board of Control. The report of the court shall include the number of juveniles of each sex brought before it, the number for whom homes have been obtained, the number sent to state institutions, and the number under charge of such association.

§ 15. [Religious belief.] The court in committing children shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of said child, or with some association which is controlled by persons of like religious faith with the parents of said child.

§ 16. [Statutes construed liberally.] This act shall be construed liberally to the end that its purpose may be carried out, to wit: That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done, the child to be placed in an approved family home and become a member of the family by legal adoption or otherwise.

KANSAS.

Juvenile Probation.

Chapter 106, March 1, 1901.

AN ACT to define conditions of child dependency, neglect and ill-treatment and to prescribe methods for the protection, disposition and supervision of dependent, neglected and ill-treated children within the State of Kansas.

Section 1. [Definitions.]-(a). Children's aid society' shall mean any duly organized society having among its objects the protection of children from cruelty, and the care and control of neglected and dependent children, such society having been duly incorporated according to the laws of the state of Kansas; (b) "institution" shall mean any building or buildings, public or private, under the control of a competent board of managers, and used as a home or place of detention, correction or punishment for dependent or delinquent children; (c) "court of summary jurisdiction " shall mean and include any city court, justice of the peace, probate or district judge; (d) "municipality" shall mean any county, city, town or township; (e) "parent" when used in relation to child, shall include guardian and every person who is by law liable to maintain a child; (f) place of safety" shall include any industrial school or reform school for boys or girls, or any shelter or temporary

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home established by any children's aid society, orphan's home, or other institution for the protection of children, duly incorporated under the laws of the state for the purposes of this act; (g) "street" shall include any highway or public place, whether a thoroughfare or not.

§ 2. Any constable, sheriff, police or other officer may apprehend without warrant, and bring before any court of summary jurisdiction, as neglected, any child apparently under the age of fourteen, if a boy, of sixteen, if a girl, who comes within the following descriptions, namely: (a) Who is dependent upon the public for support, or is found begging or receiving alms or thieving in any street, thoroughfare, tavern or place of public resort, or sleeping at night in the open air; (b) who is found wandering about at late hours at night, and not having any home or settled place of abode or proper guardianship; (c) who is found associating or dwelling with a thief, drunkard or vagabond, or other dissolute or degraded person, who by reason of the neglect or drunkenness or other vices of its parents or guardian is suffered to be growing up without salutary parental control and education, or in circumstances exposing the child to an idle and dissolute life; (d) who is found in any house of ill-fame or in company with a reputed prostitute; (e) who is found destitute, being an orphan or deserted by its parents, or having a single surviving parent who is undergoing imprisonment for crime.

§ 3. Any child apprehended under the next preceding section of this act shall be brought before the proper court for examination within three days after such apprehension, and it shall thereupon be the duty of the court to investigate and ascertain whether such child is dependent or neglected, as described in the next preceding section of this act, its age, and the name and residence of its parents; and the said court shall have power to compel the attendance of witnesses, and may, at its discretion, request the attendance of the county attorney for such examination, and if requested it shall be the duty of the county attorney to attend accordingly. The parents (if their whereabouts is known), or persons having the actual custody of such child shall be duly notified of such examination not less than three days before the day set for such examination; and any friend may appear in behalf of any child; and at his discretion, the court may request any duly authorized representative of any children's aid society or institution to appear in behalf of any child; and if on such examination the court finds that any child is dependent or neglected, within the meaning of the next preceding section, or so as to be in a state of habitual vagrancy, or ill-treated, so as to be in peril of life, health, or morals, by continued personal injury or grave misconduct on the part of parents or guardians, he shall enter such findings by proper order to that effect, and shall order delivery of such child to such children's aid society or institution as in his judgment is best suited to deal with said child. The court shall deliver to such children's aid society or institution a certified copy of the order made in the case, which shall contain, beside the said finding a statement of the facts so far as ascertained as to the age of such child, name, nationality, and residence, other members of the family, and occupation of parents, or either of them, whether either of them is dead or has abandoned the child; and in the case of examination of two or more children of the same family at the same time, separate copy of such finding shall be given for each child.

§4. [Probation officers.] 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 officers shall be appointed by any court, it shall be the duty of the clerk of the court, if practicable, to notify said probation officer in advance when any child is to be brought before said 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 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.

§ 5. [Title to child.] Any children's aid society or institution to the care of which any child may be committed under the provisions of this act shall, subject to the provisions of section seven of this act, be the legal guardian of such child, and all the powers and rights of the parents in respect to that child shall vest in the said society or institution; and it shall be the duty of said children's aid society or institution to use special diligence in providing suitable homes for such children as

may in this way be committed to their care; and such society or institution is hereby authorized to secure for such children legal adoption in such families as may be approved by the said society or institution, or a written contract providing for their education in the public schools where they may reside, suitable religious advantages, and Sabbath privileges, for teaching them some occupation, and for kind and proper treatment as members of the family where placed, and for payment to them, on the termination of such contract, of any sum of money that may be provided for in said instrument. Such contracts shall cover the entire period of said child's legal minority, or such a portion of it as may be stipulated in the contract, and such contract shall contain a clause reserving the right to withdraw the child from any person having the custody of such child when, in the opinion of the children's aid society or institution placing out such child, the welfare of the child requires it.

§ 6. [Interference of relatives.] No parent or guardian or other person who by instrument of writing surrenders or has heretofore surrendered the custody of a child to any children's aid society or institution shall thereafter, contrary to the terms of such instruments, be entitled to the custody of or any control or authority over or any right to interfere with any such child, and these same conditions shall prevail where a child is or has been delivered to such children's aid society or institution by action of any proper court.

§ 7. [Transfer of children from institutions to children's aid societies.] Notwithstanding the provisions of any by-laws, rules or regulations for the government or control of any institution, it shall be lawful for the trustees or governing body of such institution and for the several boards of county commissioners to take advantage of section five of this act by transferring, from time to time, children under their care to any children's aid society operating in the locality of such institution or board of county commissioners, to be placed out by such children's aid society in pursuance of this act; and in such case all legal claims to said child are transferred to said children's aid society, and the child is to be placed out and supervised as any other child belonging to said children's aid society.

§ 8. [Ill-treatment of children.] Any person over sixteen years of age who, having the care, custody, control or charge of a child, being a boy under the age of fourteen years, or being a girl under the age of sixteen years, who wilfully ill-treats, neglects, abandons or exposes such child, or causes or procures such child to be ill-treated, neglected, abandoned, or exposed, in a manner likely to cause such child unnecessary suffering or serious injury to its health, shall be guilty of an offense under this act, and, on conviction thereof by a court of summary jurisdiction, shall be liable, at the discretion of the court, to a fine not exceeding one hundred dollars, or, in addition thereto, to imprisonment to a term not exceeding three months.

9. [Procedure in case of ill-treatment.] If it appears to any police magistrate or justice of the peace or any probate court, on motion made before him, under oath, by any person who in the opinion of the court is bona fide acting in the interest of any child, that there is reasonable cause to suspect that such child, being a boy under the age of fourteen years, or a girl under the age of sixteen, has been or is being ill-treated or neglected in any place within the jurisdiction of such court, in a manner likely to cause the child unnecessary suffering or to be injurious to its health, such magistrate, justice of the peace or probate judge may issue a warrant authorizing any proper person named therein to search for the child, and, if it is found to have been or to be ill-treated or neglected in the manner aforesaid, to take it to and detain it in a place of safety until it can be brought before the proper court; and the court before whom the child is brought may cause it to be dealt with in a manner provided for by sections four and five of this act. The magistrate or justice issuing such warrant may, by the same warrant, cause any person accused of any offense in respect of the child to be apprehended and brought before the proper court, and proceedings to be taken to punish such persons, according to section eight of this act. Any person authorized by warrant under this section to search for any child and to take it and detain it in a place of safety may enter, if need be, by force any house, building or other place specified in the warrant and may remove the child therefrom. Where there is no superior officer or police, the warrant may be addressed to and executed by any policeman or constable approved for that purpose by the head of the municipality.