The Hearing. Section 8, chapter 350, Acts of 1914, prescribes the procedure to be followed in the hearing of children's cases. This section should be read with section 6 of chapter 289, Acts of 1910, the latter part of which provides that "From the hearing or trial of all juvenile offenders and matters under the provisions of this statute there shall be exclude" all persons not officers of the court, attorneys or witnesses in the case, or relations of the child charged with the offense. Any such hearing or trial shall be had in chambers." This provision was, by inadvertence, omitted from chapter 350, but as the later act does not repeal any part of the earlier statute, except such "parts" as are "in conflict with this act," and as the paragraph quoted above is in no way in conflict with, but rather in complete harmony with the spirit and purpose of the Act of 1914, it seems clear that this portion of the older statute is still in full force and effect. It is believed that the best results will be obtained by having the hearing as informal as possible. There should be dignity, but no stiff "formality. Formal proceedings generally frighten a child, and any procedure which smacks of prosecution or inquisition puts a child in a position of defense! Such procedure is entirely incompatible with the juvenile court idea. By handling the case in an easy, informal way, the judge can generally gain the confidence of the child, and the accused will often tell the court everything that he has done. The judge is then in a position to reason with, and reprove the offender just as he would his own erring offspring. What Shall Be Done for the Child? This question must, of course, be answered in the light of all the facts and circumstances of each particular case. No two cases will be exactly alike, because no two children are exactly alike. And may it always be kept in mind that it is the child, and what he needs that must receive the largest consideration—not the offense. Two boys may be charged with housebreaking: One may be a wholesome, normal boy who on the impulse of the moment broke a show window and took a toy or some fruit, while the other may have a mania for such offenses. One could safely be released on probation, while the other should be placed in a good training school where his criminal tendency will be checked, and his best traits developed. The following several courses are open to the court under the Virginia statutes: 1. Probation. 2. .3. Commitment to a training school or reformatory. Commitment to a society or other organization which will place him in a good family home or private institution. 4. 5. Fine. (There is a question whether fines may be properly imposed upon minors under the age of eighteen years at all, in view of the terms of the "Juvenile Law.") Whipped by child's parent or guardian. Probation. Section 7 of chapter 350, Acts of 1914 (the "Juvenile Law"), provides, that judges and justices may, in their discretion, "release any juvenile charged with delinquency under the care of a probation officer for a probationary period not exceeding the period of such child's minority; such probationed child shall be under the jurisdiction of the court for such period and shall be subject to such rules and regulations touching his welfare as may be prescribed by the court." Probation has been defined as "a process of educational guidance through friendly supervision. Mere surveillance is not probation. Probation is an intimate, personal relation which deals with all the factors of a child's life. particularly his home. Its chief function is to adjust the forces of the community to the child's life. Every social agency is called into play, the object being to surround the child with a network of favorable influences which will enable him to maintain normal habits of life." Juvenile Courts and Probation, pp. 80-81. Frobation is not, or certainly should not be, merely a form of discharge "a letting of the child off easy." If a delinquent child is released on probation, it should be because that is the most suitable educational influence for him. The court should prescribe reasonable rules of conduct, and the child should be required to live squarely up to them. The period of probation should be not less than four or six months; sometimes a year or longer will be needed to guide the wayward child back into normal, law-abiding habits of life. The length of the probationary period should depend upon the child's own efforts his own conduct, and for this reason, an indeterminate probation is probably the best. Commitment. Section 1 of the "Juvenile Law" provides that judges and justices may, in their discretion, commit delinquent, dependent or neglected children to the State Board of Charities and Corrections, or to "any society, association or reformatory approved by the State Board of Charities and Corrections, and chartered under the laws of this State for the care, etc., of children." This general provision, however, is subject to the following special limitation, namely, "that all children twelve years old and under, declared delinquent by any court or justice in this State and not placed on probation as hereinafter provided, shall be committed to the State Board of Charities and Corrections." In making a commitment, as in releasing a child on probation, the guiding principle should be-What does the welfare of the child demand? If his home is vicious and bad-irredeemable, commit him to a society or association which will place him in a home under proper influences. If he is feeble-minded with criminal tendencies, or if his habits have become so fixed that probation will not break them, then send him to a training school, or the reformatory. Every child, however, unless he has committed a particularly vicious offense or has a bad previous record, should be given at least one chance on probation (provided, of course, that his home influences are reasonably good). If he doesn't "make good" on probation, bring him back to court, and send him to the training school where he will receive the discipline and instruction which he needs. Fines. Former statutes provide fines for certain offenses, whether committed by children or adults. The "Juvenile Law" provides "probation" or "commitment" for children "who violate a law of this State or a city or town ordinance," or who are otherwise "delinquent." Does not this by implication repeal, so far as children are concerned, those provisions of earlier statutes which provide for the imposition of fines? Granting, however, that fines may still be legally imposed, it is very doubtful whether they should be. If the child hasn't the money, which is generally the case, it simply means that he must serve a term in prison, or the fine must be paid by a parent or friend, in which event the child is not punished at all. In certain cases, where older boys are involved, a fine and probation,—the fine to be paid off in instalments. by the boy out of his own earnings,-may have a wholesome effect. "It is only when the fine-money can be spared and when it can be used as an educational discipline for the child that it can have any value whatever." Juvenile Courts and Probation, p. 71. So, too, in some cases, where a child has done damage to property, he may be required to pay for the damage or at least partially do so. For the same reason given above in regard to fines, the statute relating to whipping of a child by order of court may be of doubtful effect now. However, the court may surely still give the parent the option of imposing such punishment or of having some other imposed. Laws Relating to Children The Juvenile Law. Chap. 350, Acts of 1914. An act to provide for the commitment of delinquent, dependent, or neglected children to the State Board of Charities and Corrections, and to certain societies, associations, or reformatories, and authorizing such organizations to place said children in suitable homes and institutions; defining the terms "delinquent," "dependent," and "neglected" child; when children under eighteen years of age may or may not be sent to jail, work-house, police station or penitentiary; requiring parents in certain contingencies to pay for support of delinquent, dependent or neglected children, providing for physical and mental examination of children, and for placing them in hospitals when necessary; providing for the appointment of probation officers and prescribing their duties and powers; allowing delinquent children to be released on probation; prescribing the procedure in the hearing of children's cases; penalties for removing or interfering with any child committed hereunder, or for violating any provision hereof; allowing jury trials and appeals; and providing for the supervision and inspection of societies and associations by the State Board of Charities and Corrections. Approved March 27, 1914. Power of courts and justices to commit delinquent and dependent or neglected children to the State Board of Charities and Corrections and to certain societies, etc. 1. Be it enacted by the General Assembly of Virginia, That every court of record of general criminal jurisdiction or the judge thereof in vacation, and the police and justice courts are hereby authorized and empowered, in their discretion. to commit to the care and custody of the State Board of Charities and Corrections, or of any society, association or reformatory approved by the State Board of Charities and Corrections, and chartered under the laws of this State, for the care, custody, maintenance, protection, discipline, or betterment of children, any child who shall be proven to be delinquent, dependent or neglected; provided, however, that all children twelve years old and under, declared delinquent by any court or justice in this State and not placed on probation as hereinafter provided shall be committed to the State Board of Charities and Corrections and the said board is hereby authorized, in its discretion, to place such children in homes, institutions or reformatories without further process of law; provided, further, that all commitments under this act shall be for an indeterminate period but no child committed hereunder shall be held or detained after such child shall have attained the age of twenty-one years; and the said State Board of Charities and Corrections and said societies or associations may place under contract children committed under this act until they reach the age of twenty-one years in suitable family homes, institutions or training schools for the care of children, and whenever such a child shall be so placed by any such society or association a report of such action shall be made to the State Board of Charities and Corrections in such form as may be required by it. Defining the words "delinquent," "dependent," "neglected." The words "delinquent child" shall include a child under eighteen years of age (1) (2) who violates a law of this State, or city or town ordinance; or who is incorrigible; or (3) who is a persistent truant from school; or (4) (5) (6) (8) (9) (10) who associates with criminals or reputed criminals, or vicious or immoral persons; or who is growing up in idleness or crime; or who wanders about the streets in the night time; or who frequents, visits, or is found in a disorderly house, house who patronizes, visits, or is found in a gambling-house or place where a gambling device is operated, or in a billiard hall or pool-room; or who uses vile, obscene, vulgar, profane or indecent language or is guilty of dissolute or immoral conduct. The words "dependent child” or “neglected child" shall mean a child under sixteen years of age (1) who is dependent on the public for support; or (2) who is homeless, destitute, or abandoned; or (3) who has no proper parental care or guardianship; or (4) who begs or receives alms; or (5) who is found living in a house of ill-fame or with a vicious or disreputable person; or (6) (7) whose home, by reason of neglect, cruelty or depravity on the All juvenile offenders, managed or controlled under the provisions of this act, shall be deemed not to be criminals, and shall not be treated as such. |