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7 reason to believe such illegitimate infant is boarded and remove it, 8 if they believe that, by reason of neglect, abuse or other cause, 9 its removal is necessary to preserve its life. Such infant shall be in 10 the custody of said board which shall make provision therefor ac11 cording to law.
1 SECTION 18. Whoever receives an infant for board or for the Information 2 purpose of procuring adoption, as described in the preceding sec- required. 3 tion, and its parents shall, if required by the state board of charity issu, 309, 13. 4 or its officers, give true answers, so far as their knowledge extends, 5 as to the parentage, residence and place of settlement of said infant; 6 and the parent or parents of such child shall, if required by the 7 state board of charity or the overseers of the poor of the city or 8 town in which the person receiving said infant resides, give satis9 factory security to said board or overseers for its maintenance.
1 SECTION 19. Whoever violates the provisions of the two pre- Penalties. 2 ceding sections shall be punished by a fine of not more than one 1889, 309, $ 4. 3 hundred dollars or by imprisonment for not more than one year.
CARE OF PAUPER CHILDREN. 1 SECTION 20. The overseers of the poor of a city or town and Custod yn ei miten: 2 the superintendent and board of trustees of the state hospital shall 18, 22, $ 3. 3 commit any indigent or neglected infants which have no known 188 217
1898, 433, $ 24. 4 settlement in this commonwealth to the custody of the state board 5 of charity, which shall provide for them in the Massachusetts Infant 6 Asylum or in St. Mary's Infant Asylum or in a family or other suit7 able place, as it deems expedient for the interests of the child. •
1 SECTION 21. If an infant which has no known settlement in Notice to state 2 this commonwealth is received by the Massachusetts Infant Asylum reception of 3 or St. Mary's Infant Asylum, agreeably to the provisions of their 1870, 136, § 1. 4 charters, except as provided in the preceding section, immediate Pris 14. 5 notice of such reception shall be given in writing by the directors 6 of said asylums to the state board of charity, which may examine 7 the case and remove such infant, if expedient. The expense in8 curred by the asylum for the support of such infant, after the bills 9 for the same have been approved by the state board, shall be reim10 bursed by the commonwealth to an amount not exceeding four 11 dollars a week for each infant; but the commonwealth shall be 12 under no obligation to reimburse the asylum for any expense in13 curred for the support of any such infant for a period of more than 14 one week prior to the giving of the notice herein provided for.
1 SECTION 22. The state board of charity shall have the same Authority of 2 authority relative to any such infant as it has relative to infants in cases 3 the state hospital. 1 SECTION 23. If said asylums are full of inmates, or if from sick- Provision if 2 ness or other sufficient cause it is not expedient to receive or retain full. 3 an infant legally committed thereto who is a state pauper, the state P. $ 56$ 46. 4 board of charity shall provide for such infant in a proper family or 18, 232, 33: 5 other suitable place, under the constant supervision of its medical
1870, 136, $ 2. P.S. 86, § 45.
officers, until it reaches the age of three years or is otherwise pro- 6 vided for by the state board of charity.
Expenses. 1880, 142, $ 2. P. S. 86, § 47.
SECTION 24. The cost of maintaining such infant shall be paid 1 from the appropriation for the support of infants having no known 2 settlement in the commonwealth.
Care of indi. gent children. 1882, 181, $ 2. 1886, 101, $ 4. 1895, 428, $1.
SECTION 25. The state board of charity shall make all necessary 1 provision for the care and maintenance of poor and indigent children 2
between the ages of three and sixteen years who are in need of 3 1898, 433, $ 24. immediate relief and who have no lawful settlement in this com- 4 monwealth.
Duties of agents of state board as to infants under
CARE OF CHILDREN UNDER SEVEN YEARS OF AGE.
authorized thereto, may enter without actual force any building or 2 seven years of room in which such agent has reason to believe that a child under 3 1900, 254, § 1. the age of seven years is sheltered or maintained apart from his 4
parents and is not receiving proper care. The agent shall investi- 5 gate the case and make report to the superintendent of state minor 6 wards or other designated officer of the board, and such officer may, 7 if he considers such removal necessary for the protection of the 8 child from neglect or abuse, cause such child, if he is not under the 9 personal care of a parent or guardian, to be removed to the custody 10 of the board. An agent who is refused such entry or who is 11 hindered in the removal of such child may make complaint on 12 oath to a justice of a court of record, who may thereupon issue a 13 warrant authorizing him to obtain sufficient aid and at any reason-14 able time to enter the building designated, and every part thereof, 15 for the purpose of investigating the treatment and condition of 16 the child or children found there, and to remove all or any of such 17 children as herein provided.
Duties of board.
SECTION 27. The agent shall forthwith notify the state board of 1 1900, 254, $$ 24. charity of his doings, and the board shall thereupon decide whether 2
to retain such child in its custody or to restore him to his parent or 3 guardian or to the place from which he was removed. It shall 4 have, as to a child so retained, the powers and duties which it has 5 as to neglected children committed to its custody by the courts. 6 But the board, unless within a reasonable time it secures the commitment of such child, under the provisions of section thirty-seven, 8 shall, upon request, discharge such child to his legal guardian, and 9 if he has no guardian then to his father, and if he has no father 10 then to his mother. The board may notify the person from whose 11 care or custody a child has been taken under the provisions of the 12 preceding section that no child of which he is not the legal guardian 13 shall, without a permit from the board, be received or maintained 14 by him. The board shall apply to the probate court for the 15 removal of the guardian of any child under seven years of age who 16 is unsuitable for his trust.
SECTION 28. Whoever obstructs or hinders the state board of 1 charity or its officers or agents in the execution of the duties and 2
3 powers imposed or conferred by the provisions of the two preceding 4 sections or, after notice as aforesaid, receives a child without having 5 a permit therefor shall be punished by a fine of not more than one 6 hundred dollars for the first offence, and by a fine of not more than 7 one hundred dollars or by imprisonment for not more than six 8 months for a subsequent offence.
CARE OF DESTITUTE AND ABANDONED CHILDREN.
P. S. 48, § 22.
1 SECTION 29. If it appears to the judge of probate of any county Massachusetts 2 that a minor under fourteen years of age resident therein is without Prevention of 3 a guardian, and is entirely abandoned, or is treated with gross and Children may 4 habitual cruelty by his parent or other person who has the care or be appointed 5 custody of him, or that he is illegally deprived of his liberty, he may 179, 19 6 for such period as he sees fit, appoint the Massachusetts Society 7 for the Prevention of Cruelty to Children as his guardian, and may, 8 at any time, for good cause, revoke such appointment. Said soci9 ety, upon such appointment, shall be entitled to the exclusive cus10 tody of said child, but shall not be entitled to the management of 11 his property. 1 SECTION 30. The parents, surviving parent or guardian of a - may receive 2 child under fourteen years of age, if unable to support him, may by fourteen years 3 an agreement in writing, fixing the terms of the custody, place him from aros 4 in the charge of said society, which shall thereupon have custody 5 of him as provided in the preceding section.
P. S. 48, § 23.
1 SECTION 31. A judge of any court, upon the complaint of said Custody of 2 society that a child under five years of age has been abandoned and children. 3 deserted in a public way or place, or in a vacant building, may give P. S. 48, 5 24. 4 the custody of such child to said society for not more than thirty 5 days. The society shall thereupon give such notice thereof, as 6 the judge may order, by advertisement in a newspaper published 7 in the county where such child is found; and such child, if claimed 8 by its parents, parent or guardian, may be returned to them by said 9 judge.
1 SECTION 32. Said society shall not be obliged to receive any Not obliged 2 child under the provisions of the three preceding sections.
P. S. 48, $ 25.
to receive child.
1879, 179, § 4.
1 SECTION 33. In Hampden County, the provisions of the four Hampden 2 preceding sections shall in all respects be applicable to the Hamp- dren's Aid 3 den County Children's Aid Association.
P. S. 48, $ 26.
Association. 1880, 231.
1 SECTION 34. The five preceding sections shall not affect the pow- Boardrop 2 ers of the state board of charity.
P. S. 48, $ 27.
1 SECTION 35. If the parent or guardian of a minor child, who Information as 2 is indentured or placed in charge of any person or of a public or right to visit it, 3 private institution by any state, city or town board or by any public 1896, 288. 4 or private corporation or body of persons authorized by law to in5 denture or so place minor children, or if one of the next of kin of 6 an orphan so indentured or placed in charge and without guardian, 7 is not, upon request, informed by such board, corporation or body
persons where the child is, the probate court for the county in 8 which such child has its legal residence may, upon petition of such 9 parent, guardian or next of kin and upon notice, if in its opinion 10 the welfare of the child and the public interests will not be injured 11 thereby, require such board, corporation or body of persons to give 12 the information and permit the parent, guardian or next of kin to 13 visit the child at such time or times and under such conditions as 11 the court shall order; and the court may revise its order or make 15 new orders or decrees upon the petition as the welfare of the child 16 and the public interests may require.
17 SECTION 36. The state board of charity may, in its diseretion, i upon the written application of the parent or guardian, or, if there 2 is no parent or guardian, of a friend, of a child under the age of six- 3 teen years who is dependent upon public charity, or upon written 4 application of the overseers of the poor of the city or town in 5 which such child is found, provide for his maintenance.
Support by stinto boart. 1:300, 3:97, § 1.
141 Mass. 203. 152 M218s. 432. 161 Mass. 70.
CARE OF CHILDREN UNDER SIXTEEN YEARS OF AGE.
SECTION 37. A police, district or municipal court or a trial i ra; 53. justice, mpon complaint that any child under sixteen years of age 2
within its or his jurisdiction, by reason of orphanage or of the 3 neglect, crime or drunkenness or other vice of his parents, is grow- 4
ing up without education or salutary control and in circumstances 5 152, 43, 336; exposing him to lead an idle and dissolute life, or is dependent 6 13 MM, 37, $$ 2, 3, upon public charity, shall issue a summons requiring the person to 7
whom it is directed to appear at the time and place stated in the 8 summons and show cause why such child should not be committed 9 as hereinafter provided. Such summons shall be directed to the 10 father of the child, if living and resident within the commonwealth, 11 and if not, to the mother of the child if living and resident within 12 the commonwealth ; if there is no parent living and resident, to the 13 legal guardian of the child, and if there is none, to the person with 14 whom, according to the statement of the child, he resides ; if there 15 is no such person, to some suitable person to act in behalf of such 16 child; and a notice of the hearing shall be sent to the state board 17 of charity. The court or magistrate may commit the child, whether 18 he has or has not a settlement, to the custody of said board until he 19 is twenty-one years of age or for a less time, and said board shall 20 provide for the care and maintenance of the child without expense 21 to the city or town of his settlement and may discharge the child 22 from its custody whenever the object of his commitment has been 23 accomplished. If such child has a settlement and if the overseers 24 of the poor of the place of his settlement so request, the commit- 25 ment shall be to their custody. The state board shall transfer its 26 custody of any such child, who has a settlement, to the overseers 27 of the poor of the place of settlement upon their request, and such 28 transfer shall thereafter relieve the commonwealth from further 29 liability for his maintenance. The overseers of the poor shall 30 have the same powers as to children committed or transferred to 31 their custody as are given to the state board as to children in 32 its custody and, in the city of Boston, the trustees for children 33 shall have the powers and duties conferred by the provisions of this 34 and the preceding section upon the overseers of the poor.
35 1900, 397, $ 3.
1 SECTION 38. The child, parent, guardian or person appearing in Appeal 2 behalf of such child, and the state board of charity may appeal 3 from the order of the court or justice to the superior court sitting for 4 civil business for the county within which the hearing is held, and 5 if said parent, guardian or other person appearing on behalf of such 6 child fails to furnish such bail as may be required by the court or 7 justice before whom such hearing is held, such child shall be com8 mitted to the custody of the state board of charity pending the 9 determination of the appeal.
1 SECTION 39. Such children in the care or custody of the state Children to be 2 board shall be placed in private families; but in case of illness or to families. 3 change of place or while awaiting trial they may be placed in any 4 suitable institution.
1800, 397, § 4.
NOTES. Secl. 37. The words “ a police, district or municipal court or a trial justice” have been substituted for many court or magistrate,” since the provisions for an appeal to the superior court in the following section indicate that it was upon these courts that it was intended to confer the jurisdiction, and notwithstanding " a judge of the superior court' was included in St. 1894, c. 498, § 28 for which the expression “any court or magistrate” was substituted in Sts. 1898, c. 496, § 35 and 1900, c. 397, § 3.
Sect. 39. • Such" children has been substituted for “. The” children, thus limiting the provisions of the section to children committed under the provisions of section thirty-seven. If this expression was intended to be general and to apply to all children in the care or custody of the state board, the word “All ” should be substituted for Such."
OF THE STATE BOARD OF CHARITY.
1 SECTION 1. There shall be a state board of charity consisting of State board of 2 nine persons, two of whom shall annually in June be appointed to 3 by the governor, with the advice and consent of the council, for a 1579 21, $ 2. 4 term of five years from the seventh day of said month ; but in the 196, 101,$4. 5 year nineteen hundred and four and in every fifth year thereafter 13 MRS. 331. 6 one member only shall be appointed.
136 Mass. 578.
1884, 33, $ 1.
1 SECTION 2. The board shall have general supervision of the state Supervision of 2 hospital, the state farm, the Lyman school for boys and the state tions. 3 industrial school for girls; and, if directed by the governor, it may 1570
, 271, $$ 3, 4. 4 assume and exercise the powers of the boards of trustees of said in 5 institutions in any matter relative to the management thereof, except 17 6 the trusts which are vested in the trustees of the Lyman and indus- 1898, 433, Š 24. 7 trial schools; and may delegate any of its powers and duties to, 8 and execute any of its functions by, agents appointed for the pur9 pose or by committees appointed from and by said board.
1895, 428, $ 2.
1 SECTION 3. The board, with the consent of the governor, shall meeting er en 2 appoint such officers as may be necessary, and fix their compensa- 143, 240,9923 tion, within the limits of the annual appropriation ; but no person 4,7 4 employed by the board shall be a member thereof. It shall hold 1879, 291, $ 7. 5 meetings once in each month, and oftener if necessary. 6 make its own by-laws and shall annually make a report to the gov
1870, 359, $ 1.
P. S. 79, $3.