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CHAPTER XV.-Industrial-school Pupils.139 $474. County superintendent shall visit in. $476. County superintendent to seek out

dentured pupils. 475. Pupils not properly provided for.

dentured pupils. SECTION 474. County Superintendent Shall Visit Indentured Pupils. [8686] The superintendents of public instruction in the several counties of the state are hereby designated as visiting agents, to have local supervision over indentured pupils of the Reform 140 School. It shall be the duty of each visiting agent to visit as often as twice each year all pupils of the Reform School140 who may have been indentured to persons residing within his county. He shall inquire into the condition of such pupils, and make such other investigations in relation thereto as the board of trustees may prescribe; and for the purpose aforesaid, said agents may have private interviews with such pupils at any time, and shall have power to administer oaths. (Laws 1881, ch. 129, sec. 13.)

SEC. 475. Pupils Not Properly Provided for. [8687] When any visiting agent is of the opinion that an indentured pupil is not properly provided for, and can not be so held to his further advantage, he shall report the fact to the board of trustees; and no pupil shall be indentured to any person until notice of an application therefor has been given to said agent, and his report in writing, made after investigation into the propriety thereof, is filed with the institution. (Laws 1881, ch. 129, sec. 14.)

SEC. 476. Seek Out Persons to Receive Indentured Pupils. [8688) Said agent shall seek out suitable persons who are willing to receive pupils from the Reform School140 under articles of indenture, and give notice thereof to the president of the board of trustees, which notice shall contain the agent's recommendation of the applicant as a proper person to receive and have the care of any such pupil. (Laws 1881, ch. 129, sec. 15.)

139. The requirements of this chapter are probably modified by the provisions of chapter 475, Laws of 1905, entitled “Board of Control of State Charitable Institutions."

140. Refers to Industrial School for Boys and the Industrial School for Girls.

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CHAPTER XVI.Juvenile Court.

8477. Probate judge; jurisdiction; author

ity; fees. 478. Over whom the juvenile court has

jurisdiction. 479. Probation officer; appointed; duties;

truant officer. 480. Who may make the complaint. 481. Summoning custodian of child. 482. Custody of child; continuance of the

hearing. 483. Care of dependent or neglected child. 484. The child as the ward of an asso

ciation or individual. 485. The child committed to the care of

a probation officer. 486. The court may revoke the custody. 487. Child under sixteen not to be taken

before courts other than juvenile

courts. 488. Appeals to district court. 489. Assistance of city and county at

torneys, and other officials. 490. Discretion of juvenile court

as to penalties of state laws and city

ordinances. 491. Care and custody of child to be

parental. 492. Parents responsible for delinquency

of children; penalty. 493. Suspension of sentences; release;


$494. Custody of child during suspension

of sentence. 495. Forfeiture of bond and term of pro

bation. 496. Judgment in case of forfeiture of

bond. 497. Acts not repealed. 498. Detention home; juvenile farm. 499. Government of detention home. 500. Record of inmates of detention home. 501. Tax levied for detention home or

juvenile farm; salary of matron

or superintendent. 502. Annual report of judge of juvenile

court. 503. Jurisdiction after the age of sixteen, 504. Compensation in counties having &

population of over 25,000. 505. Jurisdiction. 506. Police and sheriff entitled to witness

fees. 507. Blanks. 508. Procedure in juvenile court. 509. Appeal. 510. Parental home in certain counties. 511. Inmates. 512. Tax for buildings and support. 513. Managers; advisory board. 514. Supervision. 515. Salaries; expenses.

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SECTION 477. Probate Judge; Jurisdiction; Authority; Fees. [5099] That there be and hereby is created and established in each county of the state a court, to be known as the "juvenile court,” whose jurisdiction shall pertain to the care of dependent, neglected and delinquent children. The probate judge of each county shall be the judge of the juvenile court in his county, and he shall be furnished by the board of county commissioners, at the expense of the county, with such dockets, records, and blanks, upon his requisition, as may be necessary in the conduct of the business of the court. Said court shall have jurisdiction of all cases concerning dependent, neglected and delinquent children in their respective counties, shall be open at all times for the transaction of business, and may make such disposition of cases as is hereinafter provided. They shall have authority to issue subpænas for witnesses, and compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misdemeanors. All writs and process shall be served by the probation officer of the court, or, in his absence, by some person especially deputized for that purpose by the court. The judge of the juvenile court shall receive as compensation for his services the same fees as are allowed the probate judge for like services, and said fees shall be in addition to all fees or salary received by him as judge of the probate court; said fees

are to be allowed by the county commissioners and paid out of the county treasury. (Laws 1905, ch. 190, sec. 1.)

SEC. 478. Over Whom the Juvenile Court Has Jurisdiction. [5100] This act shall apply only to children under the age of sixteen years, not now or hereinafter inmates of any state institution or any industrial school for boys or industrial school for girls or some institution incorporated under the laws of this state; provided, that when jurisdiction has been acquired under the provisions hereof over the person of a child, such jurisdiction may continue for the purposes of this act until the child has attained its majority. For the purpose of this act, the words “dependent child” and “neglected child” shall mean any child who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, and has idle and immoral habits, or who habitually begs or receives alms, or who is found living in any house of ill fame or with any vicious or disreputable persons; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child; or any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state or any city, town or village ordinance; or who is incorrigible; or who knowingly associates with thieves, vicious or immoral persons; or who is growing up in idleness or crime; or who knowingly patronizes any pool-rooms or place where gambling devices are operated. The word “child” or “children" may mean one or more children, and the word "parent" or "parents' may be held to mean one or both parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purpose the care or discipline of children coming within the meaning of this act. (Laws 1905, ch. 190, sec. 2.)

SEC. 479. Probation Officer; Appointed; Duties; Truant Officer. [5101] The juvenile court having jurisdiction under

[ this act shall 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 shall receive as compensation, from the public treasury, a sum to be fixed by the court, said sum not to exceed two dollars per day for services actually performed; provided, that in cities having a population of 15,000 or over, the compensation shall not be more than three dollars per day. Whenever there is to be a child brought before any court having a probation officer, it shall be the duty of the judge of the court, if prac

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ticable, to notify the probation officer in advance when any child is to be brought before the 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 interest 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; and the court shall have power to make and enforce rules specifying the duties of the probation officer in any and all cases. The judge of said juvenile court may, at his discretion, designate as probation officer the regular truant, officer of the county, who shall perform the duties of this office in addition to the duties of the truant officer, as provided by law, and he shall receive no further remuneration than is provided by laws already existing. Any probation officer may, without warrant or other process, at any time until the final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take the child placed in his care by said court and bring the child before the court, or the court may issue a warrant for the arrest of any child, and the court may thereupon proceed to sentence or make such other disposition of the case as he may deem best. (Laws 1905, ch. 190, sec. 3.)

SEC. 480. Who May Make the Complaint. [5102] Any reputable person, being a resident in the county, having knowledge of a child in his county who appears to be either dependent, neglected or delinquent within the meaning of this act, may file with the court having jurisdiction in the matter a petition, in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit be upon information and belief. If it shall be determined by the court that there is no ground for complaint, no permanent record shall be made by the court.. (Laws 1905, ch. 190, sec. 4.)

SEC. 481. Summoning Custodian of Child. [5103] Upon the filing of the petition, unless the parties shall voluntarily appear or be in court, a summons shall issue in the name of the state of Kansas, requiring the child and the person having custody and control of the child, or with whom the child may be, to appear with the child at the place and at the time set in the summons, which shall not be later than twenty-four hours after service, unless otherwise directed by the court. The parents of the child, if living, and their residence known, or its legal guardian, if one there be, or if there is neither parent nor guardian, or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceedings; and in any case the judge may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein

provided, shall fail without reasonable cause to appear and abide the order of the court, or to bring the child, such person may be proceeded against as in case of contempt of court. In case the summons can not be served, or the party served shall fail to obey the same, or in case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may issue on order of the court, either against the parent or guardian, or the person having custody of the child, 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 and.enter final judgment therein; and the costs of all proceedings under this act may, in the discretion of the court, be adjudged against the person or persons so summoned, appearing, or arrested, as the case may [be], and collected as provided by law in civil cases. (Laws 1905, ch. 190, sec. 5.)

SEC. 482. Custody of the Child; Continuance of the Hearing. [5104] In any case the court may continue the hearing from time to time, and may in the meantime commit the child to the care and control of the probation officer, or may allow such child to remain in its own home, or in the custody of some suitable person, subject to the supervision and control of the probation officer and to such other conditions as may be imposed by the court; or the court may authorize 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. Pending a hearing, no child shall be committed to a jail or police station, except, in case of felony, the judge, if he deems it advisable, may commit such child to jail until the trial and final disposition of the case; but when other provision shall not have been made for its care and custody, the court shall direct it to be kept in some suitable place provided by the county outside of a jail or police station. (Laws 1905, ch. 190, sec. 6.)

SEC. 4o3. Care of Dependent or Neglected Child. [5105] When any child under the age of sixteen years 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 institution, or the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. The court may, when the health or condition of the child shall 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 purpose without charge. (Laws 1905, ch. 190, sec. 7.).

SEC. 484. The Child as the Ward of an Association or Individual. [5106] In any case where the court shall award a

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