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been in a house of ill fame, prison or poor house, or setting forth and showing any other facts of a similar nature, showing that it would be for the interest of such girl and the public that she should be sent to the State Home for Juvenile Female Offenders, the court may, if in the opinion of the judge said State Home for Juvenile Offenders is a proper place for such girl, cause such girl to be brought before it and cause a jury of six competent persons to be empanelled for the trial of the case; and if the jury shall return their verdict that the facts set forth in the petition are proven, the court may commit such girl to said State Home for Juvenile Female Offenders for a term not less than one year nor beyond the age of twenty-one years. (See Hurd's Rev. Stat., 1903, Chap. 23 p. 269).
TRAINING SCHOOL FOR BOYS. This act was amended May 10, 1901, changing the name of said institution to that of “State Training School for Girls.”
Section three of the Training School law above referred to provides that “Every boy who frequents any street alley or other place for the purpose of begging or receiving alms; every boy who shall have no permanent place of abode, proper parental care or guardianship; every boy who shall not have sufficient means of subsistence or who from other cause shall be a wanderer through the streets and alleys or other public places; and every boy who lives or frequents the company of or consorts with reputed thieves or other vicious persons shall be considered a dependent boy."
TRAINING SCHOOL FOR GIRLS. Section three of The Industrial School for Girls defines dependency as follows: “Every female infant who begs or receives alms while offering, selling or pretending to sell any article in public, or who frequents any street, alley or other place for the purpose of begging or receiving alms; every female infant who shall have no permanent place of abode or who shall not have proper parental care or guardianship; or who shall not have proper means of subsistence, or who for any cause shall be a wanderer through the streets, alleys or other public places, or who shall live with or frequent. the company of or consort with reputed thieves or other vicious persons; or who shall be found in a house of ill fame; or in any prison or in any poor house."
Section Three of the Industrial School Law and Section Three of the Manual Training School Law and Section Four of the Act known as the Illinois Juvenile Court Law, above referred to, proides "that any reputable or responsible person, being a resident in the County and having knowledge of a child in his County who appears to be either neglected, dependent or delinquent, may file with the Clerk of the Court having jurisdiction in the matter, a petition in writting setting forth the facts, and verify them by affidavit. It shall be sufficient if the affidavit is upon information and belief." This petition is essential to give the Court jurisdiction.
The law has definitely fixed the definition of truancy, dependency and delinquency, and unless one or more of these causes is alleged and proven the child cannot be called a dependent or delinquent.
Proof without allegation will not suffice any more than averment without proof. Children and parents have constitutional rights and they must be observed.
The Juvenile Court Law, Section 4, provides that facts must be stated; and Section Three of the Training School Law, and Section Three of the Industrial School Law provide that the petition in addition to the cause of dependency must also contain the names of the father and mother, if known, and the guardian, if any there be. If the father and mother are dead that fact should be stated, and the name inserted, if known to the officer ; and also should state if either the parents or parent or guardian are or is not a fit person to have the custody of such child; and insert facts in the petition showing wherein said parent or parents are unfit, or if the parents are fit, they consent to the child being found dependent.
Should the officer be unable to give any of the facts he should insert in the petition a statement to the effect that after diligent inquiry, stating facts on which his inquiry was based, he was unable to procure the same.
All petitions must be filed at least twenty-four hours before the case is heard in court. In case twenty-four hours' notice is not given the parent or guardian, or they have not been summoned twenty-four hours before the hearing of the case, the parents or guardians must enter his or their appearance in the case; otherwise the court will not have jurisdiction. The practice in the Juvenile Court is to file a history of the case which shows the essential facts. The history blank should contain the name and address of the child, the parent's religion, nationality, and name of school where the child was in attendance; the character of the neighborhood; the condition of the home, and the reputation of the family should be given. This history sheet is not jurisdictional, but is provided by the rule of court.
Section four of the Industrial School Law and Section four of the Training School for Boys and Section Six of the Parental School law provides that: “Upon the filing of the petition the Clerk of the Court shall issue a writ to the sheriff of the County, directing him to bring such child before the Court.”
Parents and guardians shall be notified at least twenty-four hours before the hearing of the case in court, and copy of the notice with return of service thereon filed in each case. Should there be several children in the family where cases are pending in court, a copy of the notice served, petition and history must be filed in each case, and in cases of boys committed to training schools the County Agent must be notified.
Petitions in delinquent cases should contain a brief statement of the charge alleged against the child, stating the time and place where the act was committed.
In the history of delinquent cases a complete and detailed statement of the boy's past record should be given; the number of times he has been arrested, if any; cause of arrest; school record; conduct at home, and particulars in regard to the boy's associates.
State facts and not conclusions or opinions. Cases should be prepared so that the judge will have all the facts before him when the case is heard. Hearsay statements should not be relied
Witnesses should be procured so that they may testify as to the facts as alleged in the petition.
OPINION OF ATTORNEY GENERAL. Attorney General Hamlin, on December 5th, 1904, in a communication to Governor Yates, in reference to the commitment of boys to the St. Charles Boys' Home, gave an opinion, which was in part as follows:
"In order to be admitted to the St. Charles Boys' Home, the boy must be under the age of sixteen years and must be found to be a delinquent child, as defined in Section 1 of the Act to regulate the treatment and control of dependent, neg. lected and delinquent children. The first step toward having a child declared to be a delinquent child is the filing of a petition. This petition must be signed and sworn to by a reputable person resident of the county in which it is filed; it may be sworn to upon information and belief. The petition should allege that the child is under sixteen years of age, and should give the age as near as may be, and should set forth the facts as specified in Section 1, constituting the delinquency of the child.
“A summons should then issue to the parents of the child, if the child is living with its parents, or to its legal guardian, if it has one, or to the person in whose custody or control the child may be, to produce such child in court at a time specified, not less than twenty-four hours after the service of summons. If there is neither parent nor guardian of the child, then some relative of the child, if one can be found, should be notified of the proceedings.
"If, upon summons, the person summoned fails to produce the child in court an affidavit should be filed of that fact, or if an affidavit be filed that the service of summons would be effectual, then a warrant may issue to the sheriff to produce such child in court at the time specified; or the person summoned, if he has custody of the child, may be attached for contempt of
Some attorney or other suitable person should be appointed by the court to act in behalf of the child upon hearing. The court should proceed to hear and dispose of the case in a summary manner. The court may, in its discretion, pending the final disposition of the case, commit the child to the care of a probation officer, or to some suitable person, who shall care for the child, and make report to the court as may be directed. In no case can a child be committed to the St. Charles Boys' Home for a time beyond his minority.
"No child under the age of twelve years shall be committed to jail or police station, but may be committed to the care of the sheriff, police officer or probation officer, who shall keep such child in some suitable place, outside of the enclosure of any jail or police station awaiting the hearing of said cause.
"I may suggest, also, that care should be taken in sending boys to this institution; that no boy should be sent to the St. Charles Boys' Home who is afflicted with a contagious disease of any kind.
"I would also suggest that before any boys are sent to the St. Charles Boys' Home, communication should be had with the Superintendent of the Home to ascertain whether the boys can be accommodated or not. This may save trouble that would arise in senuing boys to the Home and then finding that there is no room for them."
The opinion of the Attorney General applies to all delinquent hovs, whether sent to the St. Charles Boys' Home, the John Worthy School, committed to the care of a private individual, or placed on probation.
I beg to differ with my friend, Professor Charles Henderson, of the University of Chicago, and with my friends, Judge Ben B. Lindsey of the Denver Juvenile Court, in regard to the function of the lawyer in the Juvenile Court. The contention is that a lawyer should not appear to plead a case. The fact remains that the Juvenile Court Law is the result of mature thought on the part of the lawyer. The general idea of the law may have been prompted by public opinion, but it remained for the lawyer to draft the law, and after it became a law to frame and put the law in force and effect. No person not a lawyer would pretend or assume to manage or conduct a minor's estate in the Probate Court; no matter how small the estate may be, letters of guardianship must be prepared by a legal adviser, bonds must be prepared, reports made, accounts are required, and final settlements are provided by the statute, all in the interest of the child's property. Such care being required by the statute in reference to the child's property, is it not reasonable to ask, “Why should not like care be required in reference to the person of the child ?"
The proceedings of the Juvenile Court in many cases fixes the status of the child forever, and certainly they should follow the forms required by law. How can the statute be complied with and the requirements of the law fulfilled by a person, thouglı a probation officer if you will, who has no legal conception of the statute, who has never read law, who could not point out the difference between the various acts relating to children? In my opinion all legal documents relating to children's cases should be prepared by a trained lawyer, so that the proceeding when concluded would result in a valid judgment.
The Supreme Court has repeatedly passed on this question. As late as 1900, in the case of Watts vs. Dull, 184 Illinois, page 86, in relation to adoption the court says: “That the adoption act being in derogation of common law, must be strictly construed, and to sustain proceedings thereunder the jurisdiction of the court must affirmatively appear of record, as nothing can be presumed in aid of it. Second, a child adopted under the provisions of the statute cannot inherit from the adoptive parent unless the requirements of the statutes were strictly followed in the adoption proceeding."
It will thus appear that if the proceedings in the Juvenile Court were not legal and not in conformity with the statute under which the child is found dependent or delinquent, and that such facts do not appear in the record, then the judgment of the Juvenile Court will not only be voidable but void, and that any adoption proceedings based on such Juvenile Court procedure will be absolutely void.
police probation officer is procured and the boy is brought to a realization of what will evidently happen to him if he does not obey the instructions and directions of the court.
After twenty years of experience in this line of work I am fully convinced that a strong, powerful, intelligent, careful, prudent man, even though he be a policeman, can work more good and accomplish better results with an unruly and ungovernable boy who has become unmanageable at home than can any woman probation officer. I do not wish to in any way reflect upon th: work performed by the women probation officers. But I do insist and maintain that the police probation officers of the Juvenile Court of Cook County have been as instrumental in making that court an effective and powerful agency for the salvation of children as any other influence or power connected with the court.
The practitioner in the Juvenile Court should at all times be fully conversant with the various laws pertaining to children, not only the statutory laws, but the laws of private institutions ; such as (a) the House of the Good Shepherd; (b) the Chicago Erring Woman's Refuge for Reform; (c) the Chicago Orphan Asylum; (d) the Chicago Home for the Friendless; (e) the Chicago Foundling Asylum; and other institutions.
He should ascertain before any child is committed to any private institution that said institution has been approved by the State Commissioners of Public Charities, as provided by Section 13 of the Juvenile Court Law, otherwise said institution will not be authorized or empowered to have children to it by the Court.
He should also be imbued with the spirit and idea of the Juvenile laws. He should be governed at all times by one principle, and that is, “What is for the best interest of the child?" Even though he may be retained by the parent, by the guardian or by the child himself, he should not forget for one moment that it is not a law suit in the real sense of the word that he is conducting, but ever and at all times to keep in mind the best interests of the child, and if, after having become acquainted with the facts in the case he should be satisfied in his mind that the child should be committed for its own interest to some friendly institution or to some association or to some private individual, then he should at once submit his knowledge and opinion to the court, so that the child may be protected, even though by this action he displeases the person from whom he procured his fee. He should remember the statement made by the nestor of the bench of Cook County, Honorable Murray F. Tuley, that this, the Juvenile Court Law, is the greatest law ever passed by man and that in one year it can do more good by Its parental power than can the criminal court in twenty years.
In conclusion, I may say, in the language of Judge Lindsey, of Denver, “Two things are necessary to the success of the Juvenile Court; first, the necessary laws; second, the people who will do the work required by those laws. What these laws are, what they ought to be, what the work is and what it ought to be can only be understood by those interested fully familiarizing themselves with the literature upon the subject.”
POLICE PROBATION OFFICERS. I wish to differ with my friend, Professor Henderson, in regard to his criticism of the police probation officers. It was upon my suggestion that the prohibition against police probation officers, in the original draft of the Juvenile Court law, was stricken out. In my opinion the police probation officers are the most powerful and effective agents in the Juvenile Court of Cook County. He travels in citizen's clothes, he is invested with power such as can not be exercised by any woman. The unruly and ungovernable boy realizes full well when the officer not only of the court but of the police department has charge of him, that he must obey the law. The fact that the boy will not subject or submit himself to the control or discipline of the home is evidence that some power greater and more effective than home must be brought to bear on the child. In olden days it was corporal punishment. We have lost sight of this very effective means in later days. Suci. being the case it is essential that we supplement these effective
other force power. The officer is the agent of the law. He very readily and very promptly impresses the boy with the idea that he must obey, otherwise he will be taken in charge and dealt with accordingly. What the unruly boy requires and demands is the idea of force and ability to carry the force into effect.
These opinions and ideas are verified from the records of the Juvenile Court of Cook County. When it is necessary to impress a boy with the power of the law the service of the
Juvenile Court Record
PUBLISHED BY THB VISITATION AND AID SOCIETY
T. D. HURLEY, Editor, 79 Dearborn Street, Chicago, III.
J. L. CLARK, Business Manager Eastern Office, 53 W, 24th Street, New York City
Boston Office, 147 Milk St., Boston, Mass.
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Entered at Postoffice, Chicago, as second-class matter.
The JUVENILE COURT RECORD is the official organ of and published by the Visitation and Aid Society and will deal with social problems in child-saving work and give an account of the workings of the Juvenile Court.
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OFFICERS OF THE SOCIETY-1904-5.
T. D. HURLEY, President.
TWENTY-ONE YEARS OF CHILD-SAVING
Twenty-one years of honorable service is the record of the Illinois Children's Home and Aid Society. Its well doing has been in the interest of children, undeveloped, impressionable humanity, of children who for one reason or another have been tossed upon the charity of the world, because they were either without parents or without parents able or capable of bringing them up rightly. How easy for the world to turn up its nose at such and refuse disdainfully to have much to do with these “nobody's.” This is undoubtedly the attitude of the average person: "somebody ought to take an interest in them, a but O, not I.” But here is a Society that is ready not merely to give shelter to these little ones, simply to take them in out of the rain and cold, but also to apply itself to the solution of the many difficult problems relating to their future welfare as citizens of a republic.
These two aspects of work among children mark pretty much the difference between the old methfods and the new. The new method embodies in it enthusiasm for humanity, religious purposes, scientific and social knowledge, strong conscience, painstaking effort. It looks upon the orphaned and neglected child as human still, and calling for at least the treatment usually given to a fine delicate plant, not the common handling given to a mere thing.
Dr. Hart's report, included in this number, reveals the fact that his society has done an immense amount of this fine work. And the beauty is that the ideals and methods it has employed have been self-improved. Other children's societies there are who will do only what the law commands, and often that, only grudgingly. The Illinois Children's Home and Aid Society has been a leader in all movements aimed at bettering legislation in the interest of children and improving methods of work in this field. It is highly regarded by County and State officials, has the warm support of church circles, and the unqualified endorsement of students of social and philanthropic progress.
John Cudahy Michael Cudahy C. C. Copeland John F. Barrett Wm. A. Amberg Frank X. Mudd William P. Nelson Chas. A. Mair M. W. Murphy Mary Hummelsheim John O'Malley W. F. McLaughlin Hon. E. O. Brown P. H. Rice
Wm. E. O'Neill
T. J. Amberg W. H. O'Brien
Chas. H. McConnell
James F. Bowers, Treasurer.
Heads of Departments
..T. D. Hurley
..James F. Bowers
Board of Directors
R. M. Prendergast May Mallanny Mrs. Emma Quinlan Mary Hummelsheim Michael Cudahy Josephine B. Hughes Mrs. Robert Whelan W. P. Henneberry May Norton John F. Barrett John W. Walsh
SALARY OF PROBATION OFFICERS
For several years the probation officers of the Cook County Juvenile Court have been paid out of a fund raised through private initiative. The committee in charge of the fund has given large amounts of time and effort toward this purpose. It has tried to demonstrate that juvenile probation work is something which needs to be done, something which the welfare of thousands
of children demands, and indeed which the safety of our
THE COST OF A BOY. institutions imperatively required. And it has also tried
WRITTEN BY A BOY. to show that results of the work are worth while.
I read the other day that it cost nearly a thousand pounds to The committee has proved its case. Private initiative bring up a London boy, and educate him and dress him well.
I said to myself: "That is because everything in the city has has often had to follow a similar course in allied work to be bought, and living is high." But I began to study the
thing, and I found that even a country boy costs his parents a for social betterment. When it had “shown” the authori
good deal. ties that its experiment was not mere folderol but had
When you count what a boy eats and what he wears, and the
school books he must have, the doctor's bills which have to be a serious intent and filled a want in the community's so- paid when he gets the measles or the scarlet fever, he will cost
his folks at home at least a hundred dollars a year. If a boy is cial life its burden has been taken from its shoulders and
given to breaking things, kicking the toes out of his boots, and
so on, he costs more than that; so when I am twenty-one and placed upon the shoulders of the taxpayers.
old enough to do for myself, I shall have cost father more than The Juvenile Court committee asks that the County two thousand dollars.
Mother cooked my food, and made my clothes, and patched now assume responsibility for the payment of probation them, washed and "ironed for me, took care of me when I was
a little fellow and whenever I was sick, and she never charged officers' salaries. A bill to this effect is before the legis- anything for that. If she were dead, and father had to pay lature and should be passed. The judges of the Circuit
for all that, it would cost another hundred dollars a year more,
and that two thousand dollars' worth of work mother will Court are given the appointive power and the right to
have done for me by the time I am a man.
Four thousand dollars for a boy! What do you think of that? designate the number of appointees. Selection must be These are hard times. When parents put four thousand dollars
into a boy, what have they a right to expect from him? Is it made from a list made up of persons who have success- fair for a boy to play truant at school? Is it fair for him to play fully passed the civil service tests, which will be a new
ball, go swimming, or hang around town all the time, when,
maybe, his father's potatoes are not dug, nor the wood brought feature. The work done thus far has, by helping out of
in for his mother? Is it fair for him to disappoint them by
swearing and drinking? Is it fair to forget his parents when he city police stations and the County Jail saved the tax- has left home, and neglect even to write them letters?
I remember a bright young man's saying: "Some of our payers thousands of dollars annually, not to say any- parents have put about all the property they have into us boys thing of the great amount of money and misery saved
and girls. If we make whiskey decanters of ourselves, they will
be poor indeed; but if we make good citizens and substantial men by preventing the young offenders from developing into
and women, thev will feel as though they had good pay for
bringing us up.” hardened criminals. Cook County should not begrudge Boys, what are you worth to your parents ?--Children's Friend. the outlay necessary to meet the lofty and humane ends aimed at by this bill.
STREET ARABS WHO RISE.
Newsboys and Street Arabs often make admirable clerks. The Judge Ben B. Lindsay was recently in Chicago for a way they work into commercial houses is astonishing. A large few days and received a warm reception. He spent some
percentage of public and prosperous business men of America
began as newsboys, but probably no one realizes how many work time in the JUVENILE COURT office and made that his their way up from the gutter to wealth and influence. They
begin as hangers-on and are recruited from the ranks of every headquarters during his stay. The Judge is travelling class of the street gamin. Their wits have been sharpened by
contact with the sordid side of life and by observation in the through Illinois, Ohio, Kentucky, Tennessee, Wisconsin school of the street. They know the value of friends. So they and the District of Columbia in the interest of National
are to be found at the door of every big house, ready at any
time to run an errand, always at hand to pick up an umbrella or Committee work.
open a door. And before the people who regularly pass in and
out of the doors of the place realize it one of these little chaps No person can arouse such enthusiasm as he is this they are accustomed to see is on the pay-roll. Somebody has
bought him a six dollar suit of clothes to put him more at ease line of work and we are sure his trip will be fruitful of with the people and weather, and he is on the road that in a results. While in Chicago he was entertained by Walter
surprising number of cases leads to success.- New York Press. L. Fisher President of the Municipal Voters' League, was the guest of honor at a meeting at which were pres
PAUPERIZING THE RICH. ent, Judges Mack, Tuthill, Carter, Branes and Justice T. D. Hurley, editor of the Juvenile Court Record. At Organized charities are apt to overdo their outcry against this gathering the agitation for an amendment to the pauperizing the poor. The recent death of Louis Fleischamnn,
the proprietor of a well-known bakery in New York, recalls a Illinois Juvenile Court law defining adult delinquency ringing remark he once made on the subject. He had long been
accustomed to give away at midnight the unused bread and coffee in connection with children's cases, on the lines of the of each day to a file of destitute men who gathered toward midColorado law came to a head, and Judge Barnes agreed night at his door, and when the supply did not go round, he
eked out, somehow, often distributing as many as five hundred to draw a bill to this effect to be presented at the sitting loaves. When accused of harmful giving he replied that he could legislature. Judge Lindsay was further kept busy by enough to stand in line, in the cold and the wet, for two or three
stand being called names for feeding men who were hungry speeches at Hull House and before the Englewood Wom- or four hours to get half a loaf and a cup of coffee. en's Club, and by entertainment at the hands of Mr.
Many a poor fellow, too proud to have his life and character
overhauled by the professional well-doer, has been helped over Victor F. Lawson of the Daily News and Mr. Frank B. a rough place and into permanent prosperity by that midnight
dole. Noyes of the Record Herald,
NEW YORK PAROLE REPORT
thousand children arrested annually have "records,” the indication is that the “repeaters” (those who come into custody on several occasions) are profiting by the privilege coupled with the warning of the lesson taught by parole. And in little things, a new development is asserting itself. The average child of the tenement (whence most arrested children come) was inclined to go about unwashed and uncombed until he learned that one of the conditions of this parole was to spruce up and keep clean. Cleanliness is an important factor in the endeavor to keep aright in other directions. A conservative opinion may safely state it that after two years' trial, results indicate that the Juvenile Court's establishment was a step in the right direction. The wisdom of making it a branch of the Court of Special Sessions, with all of the powers of that Court of Record, bespeaks the foresight and practical experience of Justice Deuel, who drafted the law.
When your Chief Probation Officer at the opening of this Court undertook the enforce the Court's direction in all Parole cases involving children under sixteen years it was with a full appreciation of the enormity of such an assignment. Twenty men and women are daily doing the work without expense to the Court. They are not “volunteers,”_so-called, but are officers of The New York Society for the Prevention of Cruelty to Children and do their duties as officers of the said Society. This is a convenient arrangement for the Court, in view of the fact that every case before it is investigated by the Society before the child concerned is paroled or otherwise disposed of. The Society holds full records of every Children's Court case, and, being the only agency authorized by law to institute and prosecute proceedings in cases of offenses against children, is naturally equipped to handle such cases in an efficient manner.
Disorderly conduct, which embraces everything from throwing snow-balls to playing "cat,” including every known boyish prank, still produces the greatest number of boys paroled. Two hundred and sixty-eight boys so released were arrested for that offense; and the next is petit larceny, with 229. This latter offense frequently means an unwitting and thoughtless pilfering by a boy who would not think of committing a deliberate theft, and often embroils in Court proceedings boys whose conduct is exemplary. Grand larceny and burglary show, together, that over 300 boys so charged were paroled during the year. These little fellows are in a class quite distinct and often express their superiority to the boys in custody on lesser charges. They glory in the sensationalism attached to their cases by the public press and invariably collect every clipping in corroboration of their vain stories. Those are the most difficult cases to handle on parole. I have known a boy to report with the most satisfactory regularity, attend school regularly, be at home early, always meet the probation officer, and to all appearances seem to express the sincerest regret for his offense, who picked pockets in crowds after school hours and Sundays, and who was caught by a parole officer picking pockets the afternoon after his parole had been continued. He is now in a reformatory. He is one of those whom parole could not benefit and who, unfortunately, are rarely benefited by commitment to an institution and who are usually arrested for varying degrees of crime until they go to prison. That element of bad citizenship must exist in any community, bue especially in this, where a population containing the dregs of the world is dumped for purification. Most of the boys arrested on grave charges are foreign born, and not infrequently speak but little of our language. The explanation of this seems to lie in the fact that they are thrown into contact with all sorts of temptation in a population of four million, in such utter contrast with their native surroundings that they are simply lost in the maze of sudden activity in every department of life. Such boys should never be paroled, for it impresses them only as a further license to continue their misconduct.
But the outlook is favorable. There will probably never be a “reduction in child-crime” in New Yor City w tion remains unrestricted, and no such action is likely to take place for the reason that it would be a denial of the very liberty on which America bases its progress. This composite nation will continue so, the ingredients remaining the same; so that our Children's Courts will always have plenty of work to do. Its success or failure will lie in its ability to benefit the individual child who has erred and been released in custody of an agent of the Court capable of knowing its every characteristic and of developing it in the way it should go.
Chief Probation Officer.