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immediately certify such discharge in writing and shall transmit the certificate to the court by which such inmate was committed. Said court, thereupon, shall dismiss the accusation and the action pending against said person.
SEC. 20. Any boy or girl committed to said school who, after due trial, is found to be, in the opinion of the superintendent, incapable of reformation, or so morally deficient or incorrigible as to render his or her retention detrimental to the interests of said school, or when it is ascertained by good and sufficient evidence, that said boy or girl has misrepresented his or her age to the court who sentenced him or her, or has been previously convicted of a felony, he may recommend such boy or girl to the board of trustees for return to the said court and if the said board is satisfied that it is for the best interests of the school that such boy or girl be returned, it shall so cause him or her to be returned to said court, and it shall be lawful for said court to annul and set aside the previous commitment to the said Whittier State School and resume proceedings where the same were suspended when such commitment was made.
Examinations to be private.
SEC. 21. All minors between the ages of eight and eighteen years who may be accused of any offense under this act shall, with a view to the question whether they ought to be committed to said school, be entitled to a private examination before the court, to which only the parties to the case and the parent or guardian of the accused and such officers of the court as he may direct, and such attorneys as may be engaged in the hearing, shall be admitted, unless one of the parents, the guardian or other legal representative of the minor demands a public trial; in such cases the proceedings shall be in the usual manner.
Execution of the commitment.
SEC. 25. If shall be the duty of the sheriff of any county wherein an order is made or approved by a superior judge committing any minor to said school, to execute any and all writs of commitment issued or approved by said judge, and to receive as compensation therefor such fees as are now or may hereafter be provided by law for the transportation of prisoners to the state prison ; provided, that in all cases where the commitment
shall be made under section 16a, 166, or 16c, of this act, the
Dependent and deiinquent minor children-Who is a delinquent
(McCartney juvenile court law.) MAR.8, 1909, p.213 child.
SECTION 1. This act shall be known as the "juvenile court law" and shall apply only to children under the age of eighteen year's not now or hereafter inmates of a state institution.
For the purposes of this act, the words “dependent child" shall mean any child under the age of eighteen years :
1. Who is found begging, receiving or gathering alms, whether actually begging or under the pretext of selling or offering anything for sale ; or
2. Who is found in any street, road or public place for the purpose of so begging, gathering or receiving alms; or
3. Who is a vagrant; or
4. Who is found wandering and not having any home, or any settled place of abode, or any proper guardianship, or any visible means of subsistence; or
5. Who has no parent or guardian ; or who has no parent or guardian willing to exercise, or capable of exercising, proper parental control; or
6. Who is destitute; or
PRISOX LAWS OF CALIFORNIA.
his parents or either of them, or on the part of his guardian, or on the part of the person in whose custody or care he may be, is an unfit place for such child; or
8. Who frequents the company of reputed criminals, vagrants or prostitutes; or
9. Who is found living or being in any house of prostitution or assignation; or
10. Who habitually visits, without parent or guardian, any saloon, pool room or place where any spirituous, vinous or malt liquors are sold, bartered or given away ; or
11. Who persistently refuses to obey the reasonable and proper order or directions of his parents or guardian; or
12. Who is incorrigible; that is, who is beyond the control and power of his parents, guardians or custodian by reason of the vicious conduct or nature of said minor; or
13. Whose father is dead or has abandoned his family or is an habitual drunkard, or whose father does not provide for such minor, and it appears that such minor is destitute of a suitable home or of adequate means of obtaining an honest living, or is in danger of being brought up to lead an idle or immoral life; or where both parents of such child are dead, or the mother, if living, is unable to provide proper support and care of such minor child; or
14. Who is an habitual truant within the meaning of an act entitled “An act to enforce the educational rights of children and providing penalties for the violation of said act,” approved March 24, 1903, and who is not placed in a parental school under the provisions of said act, or who being over the age of fourteen years refuses to attend public or private school, as directed by his parents, duly authorized guardian or legal custodian ; or
15. Who habitually uses intoxicating liquor as a beverage or habitually smokes cigarettes, or who habitually uses opium, cocaine, morphine, or other similar drug, without the direction of a competent physician.
The words “delinquent child” shall include any child under the age of eighteen years who violates any law of this state, or any ordinance of any town, city, county, or city and county of this state, defining crime.
Juvenile courts designated.
SEC. 2. The superior court in every county of this state shall exercise the jurisdiction conferred by this act, and, while
sitting in the exercise of its said jurisdiction, shall be known and referred to as the "juvenile court,” and is hereinafter so referred to. In counties having more than one judge of the superior court, the judges of such court shall from time to time designate one or more of their number whose duty it shall be to hear all cases coming under this act. In counties of the first class, such designation shall be made by the presiding judge. The orders and findings, if any, of the superior court, in all cases coming under the provisions of this act, shall be entered in a book to be kept for that purpose and known as the "juvenile court record" and the court when, acting under this act shall be called the "juvenile court.” All cases coming under the provisions of this act shall be heard at a special or separate session of the court, and no other matter shall be heard at such session, nor shall there be permitted to be present at such session any person on trial or awaiting trial, or under accusation of crime, who does not come under the provisions of this act.
Filing the petition.
SEC. 3. Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent or delinquent child, and praying that the superior court deal with such child as provided in this act. Such petition shall be verified and shall contain a statement of facts constituting such dependency or delinquency, as defined in section 1 of this act. There shall be no fee for filing such petition.
Citation and notice.
SEC. 4. Upon the filing of the petition provided for in section 3 hereof, a citation shall issue, requiring the person or persons having the custody or control of the child, or with whom the child may be, to appear with the child at a time and place stated in the citation. Service of such citation must be made at least twenty-four hours before the time stated therein for such appearance. The parents or guardian of the child, if residing within the county in which the court sits, and if their places of residence be known to the petitioner, or if there be neither parent nor guardian so residing, or if their places of residence be not known to petitioner, then some relative of the child, if any there be residing within said county, and if his
residence and relationship to such child be known to petitioner, shall be notified of the proceedings by service of citation requiring him or them to appear at the time and place stated in such citation. In any case the judge may appoint some suitable person to act in behalf of the child, and may order such further notice of the proceedings to be given as he may deem proper. If any person, cited as herein provided, shall fail, without reasonable cause, to appear and abide by the order of the court, or to bring the child, if so required in the citation, such failure shall constitute a contempt of said court and may be punished as provided for in other cases of contempt of court. In case such citation can not be served, or the party served fails to obey the same, and in any case in which it shall be made to appear to the court that such citation will probably be ineffective, a warrant of arrest shall issue on the order of the court, either against the parent or guardian, or the person having the custody of the child, or with whom the child may be, or against the child himself, or any or all of said persons; or if there be no person to be served with citation as above provided, a warrant of arrest may be issued against the child immediately. On the return of the citation 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. Until the final disposition of any case, the child may be retained in the possession of the person having charge of him, or may be kept, upon the order of the court, in some suitable place, provided by the county, or city and county, or may be held otherwise as the court may direct.
SEC. 5. When any minor child under the age of nineteen years shall be found by said court or judge to be dependent or delinquent, within the meaning of this act, the court may make an order committing the child, for such time during its minority as the court may deem fit, to the care of some reputable citizen of good moral character, or to the care of some association, society or corporation willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, or to the care of the probation officer or other person to remain in the home of the child. The court may thereafter set aside, change or modify such order, at any time during the minority of such child, and said child, if