"IN L'OCO PARENTIS" (In place of the parent) THE WORK OF THE JUVENILE COURT IN SAVING GEORGIA'S WARDS FROM LIVES OF POVERTY AND CRIME A HANDBOOK FOR JUVENILE COURT JUDGES, ADVISORY BOARDS, PROBATION OFFICERS AND CIVIC ORGANIZATIONS 1922 State Department of Public Welfare Burr Blackburn, Secretary. While-most of the instructions and information in this pamphlet are vvritten on the assumption that there is a trained paid probation officer attached to each juvenile court,nevertheless~thefact must be faoed that many courts will have to function without a trained paid probation officer~ and in this connection attention is oalled to Section 900 (w) of tho Juvenile Court Law Which authorizes the court to appoint volunteer probation officers to serve without compensation. The small counties might well calIon the social mihded young men and women ,mo are to be found in every community to serve in this capacity. And the small court shall by ull means use the ndvisory committee provided for under the Inw- to lay before it the difficult cases, asking the bonrd's help in making a decision~ and frequently enlisting individunl members of .. tho board as volunteer probation officers as they happen to bAQome intores~od in spe.(;l:eic c.ases. ~'IN L'OCO PARENTIS" (In place of the parent) THE WORK OF THE JUVENILE COUR'l' IN SAVING GEORGIA'S WARDS FROM LIVES OF POVERTY AND CRIME A HANDBOOK FOR JUVENILE COURT ,JUDGES, ADVISORY BOARDS, PROBATION OFFICERS AND CIVIC ORGANIZATIONS 1922 State Department of Public Welfare Burr Blackburn, Secretary. \ "0:> 9NI.LNIHd X3CNI ~~61 FOREWORD .. The only real wealth is people" The conservation of human life' is the soundest economics. To make productive citizens out of the defective, the delinquent, and the dependent is not only good morality, but good business. The tragedy of blighted lives has its own appeal to the sentiments of normal men and women. The staggering material loss to the state in its unfortunates must appeal to the common sense. The purpose of this pamphlet is to set forth in some measure the tremendous opportunity afforded by the Juvenile Court to provide means for preventing the increase or the indefinite continuance of the human waste which is now a tragedy, and of reclaiming and restoring to productive citizenship the unfortunate. (From, 1921 Report Ohio State Board of Public Welfare). The most far reaching importance of the Juvenile court lies in its practical relationship to the whole crime problem. Crime costsin this country some three or four millions of dollars a day, and hundreds of thousands of persons are sentenced annually. The' Juvenile court with its possible hold on many beginnings-when it and its agencies have grown to a higher state of achievement-is in the most stategic position for reducing this vast blot on social life,," William Healy M. D. Director Judge Baker Foundation, Boston, in Children's Bureau Publication No. 96. CONTENTS Introduction Your Responsibility Chapter I The Meaning and Growth of the Juvenile Court Movement. 1. Guilt or Innocence Subordinated 2. Laws Passed by All but Two States 3. Always a Place for Socialized Juvenile Court Chapter II. Status in Georgia. 4. Law Requirements Since 1916 5. Only Eight Courts Established in 1920 6. Designation is Mandatory 7. Judges Obliged to Serve 8. Special Juvenile Courts 9. Paid Probation Officers Required 10 Qualifications of Paid Probation Officer 11. Method of Selection and Removal 12. Duties of Probation Officers 13. Probation Officer's Duties May be Extended 14. Circuit Supervisor for Rural Counties 15. Duties of Advisory Board 16. Negro Advisory Committee Chapter III Complaint or Arrest 17. Bringing the Case to Court 18. How Police Should Handle Case 19. Preliminary Investigation Chapter IV Detention of Children 20. Provisions for Detention 21. Arrangements for Detention in Small Counties 22. Detention in Almshouses Inexcusable 23. Length of Detention 24. Limits of Use of Detention Chapter V Studying the Case 25. Elimination of Trivial Cases 26. Investigation of Circumstances Leading to Complaint -;..",,'" CONTENTS 5 27. Study of the Social Factors in the Child's Life 28. Physical and Mental Examinations ChApter VI Trial in Court 29. Presentation of Investigation to the Judge 30. Hearing in Private Chambers 31. Formalities Eliminated 32. Hear Child's Evidence First 33. Frequency of Hearings 34. Woman Referee in Girl's Cases Chapter VII Jurisdiction of the Court 35. Court Order Protects Best Interest of Child 36. Jurisdiction of the Court Limited 37. Concurrent with Superior Court 38. All Cases Should be Referred to the Juvenile Court 39. Illegal to Detain 40. Ordinary and City Courts Deprived of Jurisdiction 41. Suits Involving Custody of Children 42. May Appoint Guardian 43. Issuing Legal Adoption Papers 44. Medical Care May be Enforced 45. Restitution of Damages 46. Prosecution of Adults Who Contribute 47. Verification of Age Chapter VIII Laws for Protection of Children 48. Enforcement of Proper Support in Institution 49. Forcing Parents to Support Child 50. Estrangement and Divorce 51. Prosecution of Illegitimate Children 52. Compulsory School Attendance 53. Child Labor Law 54. Prosecution for Crimes Against Children Chapter IX Disposition of Case 55. Probation Advisable in Most Cases 56. Children Who Should Be Taken Under Custody of Court 57. County Reform Schools or Farms Inadvisable 58. Steps Necessary Before Commitment to Private Institution I 59. Method of Commitment and Discharge to State Institutions 6 CONTENTS 60. Care of Blind, Deaf and Crippled Persons. Chapter X. The Care of Dependent Families 61. Development of Community Resources 62. Essentials in Family Service 63. Transients 64. County Poor Relief 65. Provisions of Poor Laws 66. County Almshouse Cases 67. Care of Confederate Veterans 68. Compensation for Industrial Accident Chapter XI .Probation 69. Methods of Supervision 70. The Details of Supervision 71. The Probation Officer and the School 72. The Problem of Employment 73. Cooperation with other Agencies 74. Records 75. Follow Up Care 76. Gaining Public Appreciation of Work Chapter XII Community Protective Measures 77. Some Suggested Plans APPENDIX 1. Essentials of Juvenile Detention Homes 2. Georgia Juvenile Court Law with Index 3. Georgia Adult Probation Law 4. Laws Governing the State Boy's and Girl's Training Schools THE GANG The Beginning of a Wayward Career.-Courtesy Municipal Court of Phlla delphia and National Probation Society INTRODUCTION ,The Act creating the Department of Public WeHare passed by the legislature in 1919 required that this department should "with a view to increasing- the efficiency of public and private officials __ ___ Aor the care and custody of the dependent, defective and de~ linquent classes cause to be distributed among such of ficals literature bearing upon the subjects embraced under this Act," and that the department should "collect and compile and publish statistics and information regarding the dependent, defective and de- linquent classes both in and out of institutions, and such other data as may be of value in assisting the officials-' in the per- formance of their duties." It is with a view to complying with these provisions that this pamphlet has been prepared, and is presented to those forward minded citizens and officials in Georgia who are interested in stemming the tide of criminality, saving the state millions of dol- lars, and thousands of human lives for service and good citizenship. The same act stipulates as a duty of this department the visita- tion, inspection and examination of county organillations of a cor- recti0nal or reformatory nature which are for the care custody or training of the dependent and delinquent classes.. The Juvenile Court comes under this description. Since the law of Georgia requires such a Juvenile court in every county in the state, the work delegated to this department is no mean task. If we are to succeed in making this great modern system of saving youth really effective we must have the cooperation of .all those who love children, and of every court officer, sheriff, policeman, county commissioner, and public official. The department stands ready to come on call to any county which requests aid, to advise with judges and probation officers regard- ing the disposition of any case, to supply forms at moderate cost for court records, to send speakers to civic organizati,ons, to assist in the selection of trained probation officers, and to help in any possible manner which the needs of the delinquent, dependent or neglected child might suggest. THE DIFFERENCE BETWEEN CRIMINAL AND JUVENILE COURTS "The court which must direct its procedure even appa~ently tf) do something to a child because of what he has done, is parted from the court whi~h is avowedly concerned only with doing something YOUR RESPONSIBILITY for a child because of what he is and needs, by a gulf too wide to' be bridged by any humanity which the judge may introduce into . his hearings, or by the habitual use of corrective rather than punitive methods of correction after conviction." Edward F. Waite, formerly Minneapolis Juvenile Court Judge. The criminal court simply cannot give the social investigation, careful diagnoiss of needs, and thorough prubation that is possible in a properly organi,zed juvenile court. YOUR RESPONSIBILITY If citizenship impiles service to the community this handbook should be a challenge to every citizen who r(,~l"lives it! YOUR RESPONSIBILITY does not stop short of seeing that every needy child in your county gets a square deal-and the Juvenile court is the first life saving station on the road to crime and poverty. What should you do to make your county juvenile court effective 7 1. Read Chapter II and find out whether or not the Superior Court Judge'lutsdesignated your county Juvenile court. If he has not, arouse civic organizations to demand that he comply with the law. 2. Has the Juvenile Judge appointed an Advisory Board T If not read e_cJioIl 15...of this pllmphlet and get him to appoint the most representative citizens in the county. 3. Then let the Advisory Board get busy and bring your court up to the highest possible standard. Section 15 gives the duties of tbis board in detail. 4. Arrange programs in your civic organizations on the care of dependent and delinquent children using this pamphlet as a text book, with such subjects as: The Juvenile Court Movement in America. (~pecial pamphlet will be sent on request.) The Georgia Juvenile Court (Chapter II this pamphlet) The Juvenile Court in Our County Probation Work (Chapters V to XI) CHAPTER I The Meaning and Growth of the Juvenile Court Movement "The sympathy and the public interest which the child in trouble always calls forth, together with the growing moderneonception of the supreme importance of child protection and education, have in recent years forced a modification of the former method of' dealing with all law violators by means of punishment supposed to fit the crime. Society is at last beginning to see that there should be substituted for its system of prosecution, trial, and punishment-ineffectual either to ,prevent crime 0'1' to ,cure the criminal--the system of investigation, diagnosi,s, and treatment, such as has now been adopted, in theory and at least partially in practice, in the children's court. 1. Guilt or Innocence Subordinated "In this eourt the question of guilt or innocence as to a particular act or acts is wholly subordinated, as it should be, to anexamination of the character and condition of the child referred for attention. Its underlying conception and dominant practice is to ascertain the individual and social causel! of the delinquency and to reo move or counteract them. It is not interested in punishment as such. Its purpose is to understand in order that it may be able to cure and prevent. The children's court works entirely through the individual study and treatment of each child. Properly conceived, its work is analogous and, in fact, closely related to that of the physician. In its study of the individual child before a diagnosis is reached, it employs the trained social investigator, usually known as the probation officer. In its treatment it utilizes all the helpful and preventive agencies of the community under skilled direction of the probation staff. "The work of the children's court is thus seen to b escientific. While most courts are still largely influenced by the prevailing theological conception of crime or antisocial conduct as determined by character and free will, and hence calling for fi.tting punishment, the children's court has become a pioneer laboratory in applying the .From U. S. Children's Bureau Publication No. 80, "Probation in Children's Courts," by Charles L. Chute, Secretary National Probation Association. We are deeply indebted to Mr. Chute for this comprehensive work. Where quotation marks are used in this pamphlet not otherwise designated they are taken from his publication. GROWTH OF MOVEMENT principles of modern scientific criminology based on the study and treatment of the individual delinquent rather than on punitive law. 2. Laws Passed. by all but two States "',In the 21 years since the first juvenile court was established in this country the extension and development of the juvenile court and probation has belm remarkably rapid. In spite of inertia and reactionary opposition involving many legal attacks upon the soundness of the principles involved, all of which have been met, rapid development has occured. Nearly every year new laws have been passed providing for children's courts, and probation and better standards have been adopted. "All but two states in the Union now have laws providing for juvenile or children's courts, these states being Maine and Wyoming. Every state, however, with the single exception of Wyoming, now has laws providing for the appointment of probations officers for dealing with children in the courts. Although in many states children's courts are found only in one or two of the la'I'gest cities, state wide systems intended to reach every child are in existence in a majority. The development in the last few yea~s has been notable, especially in certain southern states. Within the past five years the states of Mississippi, West Virginia and New Mexico have provided for juvenile courts and probation for the first time, and the state of Georgia and North Caroon homes see appendix. The department of Public Welfare is prepared to submit plans and suggestions for the proper ,buildings and equipment whenever change or construction is be disciplined at the time the child is in trouble. Until the law is changed it will be necessary that probation officers or interested parties bring prosecutions in felony cases by swearing out a warrant against such offending adults in other courts of reCiOI'd. Had the jury trial not been made mandatory most misdemeanor cases against adults could bfl heard by the Juvenile court, without a jury, as in other courts failure to demand jury trial is equivalent to waivure. Of course the Juvenile court can try misdemeanor cases but must summon a jury in every case. ,,We can never hope to solve this problem until we vest in one and the same court-having criminal and equitable jurisdiction,-the power to hear the child's case and to punish if need be the adult, be he parent or stranger, who is responsible for the appearance of the child in court" (Flexner). However, Juvenile judges and probatidivision (s) of section 900 (b); provided that, however, for good cause shown, the court make an order dispensing with such service./ Acts 1915, pp. 35, 37. Sec. 900 (g). Contempt of court.-/The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt, without the intervention of a juryJ Acts 1915, pp. 35, 38. Sec. 900 (h). Hea.ring of the case.-/Upon the return of the summons, or at any time set for the hearing, the court shall proceed to hear and determine the case. The court may conduct the examination of the witness without the assistance of counsel, and may take testimony and inquire into the habits, surroundings condition and tendencies of said child to enable the court to render such order or judgement as shall best conserve the welfare of said child and carry out the objects of this Article, and the court, if satisfied that the child is in need of the care, discipline and protection of the court may so adjudicate, and may, in addition, find said child to be in 92 ApPENDIX-JUVENILE COURT LAW a state of delinquency or neglect and may further render such judgement and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this Article'; Acts 1915, pp. 35, 38. Sec. 900 (i). Probation officer, child in care of.-/The court may place the child in the care and control of a probation officer and may allow such child to remain in its home subject to the visitation and control of the probatipn officer, to be returned to the court for further proceeding whenever such action may appear to the court to be necessary; 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 court; or it may ~lUth orize th~ child to be boarded out in some suitable family home in such manner as may be provided by law, or arranged by voluntary contributions, or otherwise, until suitable provision may be made for the child in a home without such payment; or the court may commit the child to any institu~ion that may care for children within or without the county, incorporated or otherwise, /01' to the Georgia State Reformatory, the Georgia- Training School for Girls or to any other State Institution already existing or hereafter to be established, for the correction, reformation, or protection of children./ (a)/. Acts 1915, pp. 35, 39. (a) Acts 1916, pp. 58, 59. Sec. 900 (j). Child as ward of State.-/It is the intention of this Article that in all proceedings coming under its provisions the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case./ Acts 1915, pp. 35, 39. Sec. 900 (k). Public excluded from hearing; inspection of records. /The court shall have the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. The records of all cases may be withheld from indiscriminate public inspection in the discretion of the court; but such records shall be open to inspection to such a child, his parents, or guardians, at all times. The hearing may be conducted in the judge's chamber, or in such other room or apartment as shall be provided for such cases./ Acts 1915, pp. 35, 39. ApPENDIX-JUVENiLE COURT LAW 98 Sec. 900 (1). Adjudication no conviction of crime.-/No adjudication under the provisions of this Article shall operate as a disqualification of the child for any office, state or municipal, and such child shall not be denominated a criminal by reason of any such adjudication, nor shall adjudication be denominated a conviction./ Acts 1915, pp. 35, 40. Sec. 900 (m). Release of child on recognizance.-/Until first the hearing of the case by the court, the chief probation officer, or any assistant probation officer, or any other official duly authorized so to do by the court, may release the child upon its own recognizance, or upon the recognizance of the parent or the person having the custody, control or supervision of the child, to appear before the court at such time as' may be therein fixed. Any child embraced in this Article shall have the right now given by law to any person to give bond or other security for its appearance at the hearing./ Acts 1915, pp. 35, 40. Sec. 900 (n). Arrests not excluded; transfer of cases to juvenile court.-/Nothing in this Article contained shall be construed as forbidding the arrest, with or without warrant, of any child, as now or hereafter may be provided by law, or as forbidding the issuing or warrants by magistrates, as provided by law. Whenever a child less than 17 or 18 years of age, according to sex, is brought before a magistrate, such magistrate, shall transfer the case to the juvenile court by an order directing that said child be taken forthwith to the detention home. Such magistrates may, however, by order adroit such child to bail, or release said child in the custody of some suitable person, to appear before said juvenile court at a time designated in the said order./ Acts 1915, pp. 35, 40. Sec. 900 (0). Transfer of records; hearing; detention.-All papers and processess in the hands of such magistrates shall be forthwith transmitted to the juvenile court, and shall become part of its records. The juvenile court shall thereupon p:roceed to hear and dispose of such case in the same manner as if the proceeding had been instituted in said juvenile court upon petition, as hereinbefore provided. In all cases the nature of the proceeding shall be explained to said, child, and, if they appear, to the parents, custodian, or guardian. Between the time of the arrest of such child with or without warrant, and the appearance of said child before 94 ApPENDIX-JUVENILE COURT LAW the juvenile court, if not released, he shall be detained subject to the order of the latter court./ . Acts 1915, pp. 35, 40. Sec. 900 (p). Criminal procedure.-=-/The court may, in its discretion, in any case of a delinquent child brought before it as herein provided permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crime, and in such case the petition, if any, filed under this Article shall be dismissed and the child shall be transferred to the court having jurisdiction of the offense'; Acts 1915, pp. 35, 41. Sec. 900 (0.). Appeal to supreme Court; supersedeas; fast bill of exceptions.-/An appeal may be taken to the Supreme Court from any order of the court committing any child to an institution, or from any order charging the custody or guardianship of any child, within the time and in the manner provided by law or rule of court for appeals in civil cases; provided, that no such order shall be superseded, except in the discretion of the judge, but the order of court shall stand until reversed or modified by the Supreme Court; provided, further, that the pendency of an appeal shall not preclude or prevent the juvenile court during the pendency of said appeal, at a subsequent hearing for cause shown, to modify any order theretofore made, although the effect of such modification may be to suspend the appeal. All appeals uI\der this Article shall proceed by fast bill of exceptions as provided for in Section 6153 of the Civil Code'; Acts 1915, pp. 35, 41. Sec. 900 (r). Detention home; appropriation for expenses.-/The judge of the juvenile court may arrange with an incorporated society or association maintaining a suitable place of detention for children in the county, for the use thereof as a temporary detention home for children coming within the provisions of this Article, and may enter an order which shall be effectual for that purpose; and a reasonable sum shall be appropriated by the county commissioners or the authority having control of county matters for the expenses incurred by said society or association for the case- of such children. If, however, the judge of the juvenile court shall certify that a suitable arrangement for such use cannot be made, or continued, the county -commissioners or the authority having control of county affairs shall establish, equip and maintain a home for the temporary detention of !'!uch children separated entirely from any ApPENDIX-JUVENILE COURT LAW 95 place of confinement of adults, to be called" The Detention Home," . which shall be conducted as an agency of the juvenile court for the purpose of this ArtiCle, and so far as possible, shall be furnished and carried on as a family"home and school in ,charge of a superintendent and a matron who shall reside therein./ Acts 1915, pp. 35, 41. Sec. 900, (s). Appointment of probation officers; salaries; teaching of children; expenses; jailing of child.-/The judge of the juvenile court shall have authority to appoint said superintendent, matron and the other employees of said detention home in the same manner in which probation officers are appointed under this Article, their salaries tobe fixed and paid in the same manner as the salaries of probation officers. The said judge may appoint as such superintendent or matron one of the probation officers with or without additional salary. Suitable arrangements shall be made for the education of all children under detention and to that end the judge of the juvenile court is authorized and empowered to arrange with the board of education of the county or city in which such detention home is situated for the necessary teacher for said children. The necessary expenses incurred in maintaining said detention home shall be paid by the county. In no case shall any child coming within the provisions of this Article (and less than 16 years of age) be detained in or committed to a jail, common lock-up, or other place whel'e said child can come into contact at any time or in any ma.nner with adults convicted or under arrest./ Acts 1915, pp. 35, 42. Sec. 900, (t). Cooperation of municipalities and societies.-/The court is authorized to seek the cooperation of all sodties or organizations, public or private, having for their object the protection or aid of delinquent or neglected chilren, to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which will conserve the welfare of such children. And it is hereby made the duty of every county, town or municipal official or department, in said county, to render such assistance and cooperation within his or its jurisdictional power to further the objects ()f this Article. All institutions, associations or other custodial agencies in which any child may be, coming within the pr.ovisions of this Article, are hereby required to give such information to the court or any of said officers appointed by it as said court or officers may require for the purposes of this Article./ AGts 1915, pp. 35, 42, 96 ApPENDIX-JUVENILE COURT LAW Sec. 900 (u). Judge; appointment, term, salary, eligibility. /The judge 'of the superior court of the county shall appoint the judge of said juvenile court for a term of six (6) years, and shall fix the compensation. Any attorney-at- law, who has practiced for three or more years shall be eligible to hold office as judge of said court, provided that among his qualifications shall be interest in children and knowledge of the problems of social service, of philanthropy and of ,child life./ Acts 1915, PT>. 35, 43. Sec. 900 (v). Appoint~nent of probation and other officers; payment.-/The juvenile court shall appoint a probation officer to serve under the direction of the court in all cases arising under this Article, such officer to be paid out of the funds of the county. The court may appoint one or more deputy officers to be paid for their services ,out of the funds of the county. The same power of appointment shall apply to such other officers as the court may require./ Acts 1915, pp. 35, 43. Sec. 900 (w). Volunteer probation officers.-/In addition, the court may appoint volunteer probation offcers to serve without compensati,on, subject to such regulations and direction as the court may deem proper./ Acts 1915, pp. 35, 43. Sec. 900 (x). Appointment of probation officers, how made.-/All appointments of probation officers paid out of the funds of the county shall be made on the basis or merit only, determined by a public ,competitive examination, held by three examiners appointed by the court. The examiners shall conduct the examination of all applicants and shall certify to the court for appointment to each position the names of the three highest (unless the number of applicants is less than three) from which appointment shall be made'; Acts 1915, pp. 35, 43. Sec. 900 (y). Removal of probation officers.-/Any probation officer may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing./ Acts 1915, pp. 35, 44. Sec. 900 (z). Notice; duties and powers of probation officers; visitation.-/Whenever there is to be a child brought before the court under this Article, it shall be the duty of said court to notify the probation offiicer in advance.. It sb~ll be th~ <;luty of the proba- / ApPENDlx~JuvENILE COURT LAW 97 tion officer to make such investigation of the child as may be requiredby the court; to be present in court at the hearing of all cases and to furnish to the court such information and assistance as the judge may require; to take charge of any child before and after hearing as may be directed by the court. Probation offic.ers shall have all the powers of peace officers anywhere in the State for all purposes of this Article. During the probationary period of any child and during the time that said child maybe committed to any institution or to the care of any association or person for custodial or disciplinary purposes, said child shall be subject to the friendly visitation of the probation officer or other agent of the court./ Acts .1915, p'p. 35, 44. Sec. 900 (aa). Final order, modification or change.-/Any final order or judgment by the ,court in the case 'Of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution ,or other custodial agency. shall deprive the court of the jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will conduct. to the welfare of said child and the best interests of the State. No order changing the form of commitment or transfer of custody ofa child to some other institution or agency shall be made except upon ten days' written notice to the guardian, institution 01' agency, to whose care such child has been committed, unless such guardian, institution, or agency consents thereto./ Acts 1915, pp. 35, 44-. Sec. 900 (bb). Girls.-/All girls embraced within the provisions '01 this Article who shall be committed to or released from any in- stitution shall be taken to and from such institution by a woman, except when ordered otherwise by the judge./ A,cts 1915, pp. 35, 45. 8ec.9oo (cc). Referee; reports and judgments; review.-/The court may appoint one or more persons as probation officers to act as referee in the first instant to hear any cases ,c;Qming within the provisions of this Article and make report thereof together with lOaid referee's conclusions and recommendations. If no exception be taken to said report and no review be asked thereof, such report 98 ApPENDIx-JUVENILE COURT LAW and recommendations, if confirmed, shall become tae judgment of "said court. A review of the conclusions and recommendations of said referee may be had by any child, the parent, guardian or custodian of any child, by filing a petition for review thereof with said referee at any time within three days after the entry of the finding of said referee./ .Acts 1915, pp. 35, 45. Sec. 900, (dd). Salaries of probation offic'ers.-/The probation officer and the deputy probtaion officers shall receive such salaries as may be prescribed by the court.; Acts 1915, 'pp. 35, 45. Sec. 900, (cc). Expenses of care; payment; contempt.-jWhenever any child is found to be in such condition, surroundings or under such improper or insufficient guardianship as to lead the court in its discretion, to take the custody of said child away from its parents and place it in some institution or under some other custodial agency, the court may, after issuing and serving of an order to show cause upon the parents or other persons having the duty under the law to support said child, adjudge that the expense of caring for said child by said custodial agency or institution as fixed by the court be paid by the person or persons bound by the law to support said child. In such event such person or persons shall be liable to pay to such ,custodial agency or institution and in such manner as the court may direct the money so adjudged to b? payable by him or them. Willful failure to pay said snm may be punished as a contempt of court and the order of the court for the payment of said money may be enforced as money judgements of courts of records are enforced./ Acts 1915, pp. 35, 45. Sec. 900 (ff). Medical care of child.-/Whenever a child within the jurisdiction of said court and under the provisions 'Of this Article appears to the court to be in need of medical care, a suitable order may be made for the treatment of such child in a hospital, and the expense thereof shall be a county charge. For that purpose the court may cause any such child to be examined by any health officer within the jurisdiction of the court, or by any duly licensed physician. The county may recover the aid expense in a suitahle action from the person or penlOns liable for the furnishing of necessaries for said child./ Acts 1915, pp. 3;;, 4-(j. Sec. 900, (gg) .. Chd.nged conditions; restoration of custody to parents.-/Whenever it shall appear to the court, in the case of ApPENDIX-JUVENILE COURT LAW 99 any child who has been taken from its home or the custody of its parents, that conditions have so changed that it is consistent with the public go-ad and the welfare of said child that the parents again have the custody of said child, the court may make a suitable order in the premises'; See Acts 1915, pp. 35, 46. Sec. 900 (hh). Religious beliefs.-/In committing any "child to any custodial agency, or placing it 'under any guardianship other than that of its natural guardians, the court shall, as far as practicable, select as the custodial agency some individual holding the same religious belief as the parents of said child, or, in the case of private institutions or associations, some institution or association governed by persons of like religious faith'; Acts 1915, pp. 35, 46. Sec. 900 (ii). Guardian of property; custory and direction of child.-jWhenever, in the course of a proceeding instituted under this Article, it shall appear to the said court that the welfare of said child will be promoted by the appointment of an individual as general guardian of his property, and of his pers-on, when such child is not committed to any institution or to the custody of any incorporated society, the court shall have jurisdiction to make such appointment either upon application of the child or some relative or friend, or upon the court's own motion. In that event, an order to show cause may be made by the court to be served upon the parent or parents of said child in such manner and for such time prior to the hearing as the 'court may deem reasonable. In any case arising under this Article the court may determine as between parents, whether the father or mother shall have the custody, and direction of said child. Acts 1915, pp. 35, 46. Sec. 900 (jj). Civil liability of child.-/If in adjudging a child to be delinquent, the court shall find as an element of such delinquency that such child has committed an act involving liability in a civil suit, the court may require that such child shall make restitution or reparation to the injured person to such an extent, in such a sum, and upon such conditions as the court shall determine./ Acts 1915, pp. 35, 47. Sec. 900, (kk). Neglect by parents, etc.; hearing; punishment; juries; continuance; bond.-jWhmever, in the course of any proceedings instituted under this Artide, it shall appear to the said court that a parent, guardian, or person having the custody, con- 100 ApPENDIx-JUVENILE COURT LAW trol or supervision of any delinquent or neglected child, or any other person has knowingly or wilfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect, or has knowingly or wilfully done any act or acts to directly produce, promote, or contribute to the conditions which render such a child delinquent or neglected, the court shall have jurisdiction in such matters, and shall cause such parent, guardian, or other perSion, as the case may be, to be brought before it, upon either summons or a warrant for such order in the premises as the court may see fit to make. The court shall have full power to hear determine said matter against such parent, guardian,. or other person, in the manner provided by law, for the trial of misdemeanors, and upon eonviction such parent, guardian, or other person may be punished as provided by law in cases of misdemeanor; provided, that all cases against adults shall be tried before a jury of six, drawn by the judge from a panel of twelve from the latest jury list of any of the courts in the county using juries; provided alsio, that whenever the facts, orconstituting an adult's contributing to the delinquency or neglect a child under this article. also constitute a crime as now is, or nereafter shall be, defined among the crimes against the State or Georgia the juvenile court shall have merely the power to comit such cases before the proper criminal .court; provided, also, that. fact~ proved. against a child in establishing the child's delinquency suc,h' as would constitute a crime if the child were not relieved by this article of criminal responsibility, shall be sufficient as a basis to enable other courts to prosecute adults as principals or accessorles,as the case might be; provided, that for the purpose of enforcing its judgments the court may in its discretion continue the proceedings against such parent, guardian, or other person, on proba~ tion. The court may further in its discretion as a part of the judgment require such 'person to enter into a bond, with or without surety, in such sums as the court may direct, to comply with the orders of the courts./ iActs 1915, pp. 35, 47. Sec. 900 (J1). Advisory board, appointment, duties.-/The judge may appoint a board of not less than six, nor more than ten, repu"; table inhabitants of which one-half shall be men and one half women, who shall serve without compensation or salary of any kind whatsoever, to be called the Advisory Board of the Juvenile Court. The members ()f this board shall hold office during the pleasure of ~he court. The duties of said board shall be as follows: ApPENDIX-JUVENILE CaUR'l' "LAW 1U1 1. To visit as often as possible all institutions, societies or associations receiving children under this Article. Such visits shall be made by not less than two members of said board, who shall go together and make a report, and said board shall report to the court from time to time the condition of the children received by, or in 'charge of, any persons, institutions 'or associations and shall make an annual report to the judge of said court. 2. To advise and cooperate with the court upon all matters affecting the workings of this Article, and to recommend to the court any and all needful. meas,ure~ for the purpose of carrying out the provisions of this Article./ Acts 1915, pp. 35, 48. Sec. 900 (mm). Rules and for:tnA cf procedure.-/The court shall have the power to devise and publish rules and. regulate the procedure for cases coming within the provision of this Article, and for the 'conduct of all probation and other officers of this court, and such rules shall be enforced and construed beneficially for the remedial purposes embraced therein. The court may devise and cause to be printed for public use such forms for records and for various petitions, orders, processes and ()ther papers and reports connected with cases coming within the provisions of this Article. All expen~ ses inc,urred .by the 'court in complying with the provisions of this Article shall be paid out of county funds'; Acts 1915, pp. 35, 48. Sec. 900 (nD.). Repugnant 1&ws.-/All provisions of laws inconsistent with or repugnant to this Article shall be considered inapplicable to the cases arising under this Article. Acts 1915, pp. 35, 49. Sec. 900 (00). Judge in certain counties; appointment, term, salary, powers.-/ln all counties having a population of less than sixty thousand (60,000), the judge of the superior court shall designate.an existing court of records to act and to be known at th.e juvenile court of said county. This shall involve no additional expense, shall .create no new court or judge, but shall merely clothe ~n existing tribunal with additional powers. (a) Nevertheless, in all counties having a population between thirty-five thousand and sixty thousand, upon the concurrent recommendation of two successive grand juries, the judge of the superior court shall appoint a properly qualified person, of high moral character and clean life, selected for his special fitnaiiO fQl~ work 102 ApPENDIX-JUVENILE COURT LAW with delinquent and neglected children, to be the judge of the juvenile court, whereupon it shall be considered that a special juvenile court has been established in said county. The term of the judge so appointed under this section shall be for three (3) years and the salary shall be fixed by the appointing judge with the approval of the county commissioners. Provided, that where the establishment of the juvenile court has been recommended by a grand jury in any county of this State at the term of the superior court at which a grand jury was empaneled and sworn, next preceding August 14, 1915 (the date when the Supreme Court held the juvenile court law to be unconstitutional) a recommendation by the grand jury of the same county at the next term of he superior court at which a grand jury is empaneled and sworn, after '~he passage of the amendments to the Act of 1915 at the 1916 session of the General Assembly, shall authorize the establishment of a juvenile court in all respects as though said court were recommended by two successive grand juries. (b) In either event, whether the court be designated or special, the powers, authority, jurisdiction and procedure of the same shall be those of the courts already established under the Artjlcle hereby amended, except as hereinafter provided. The judge of the juvenile court, under this section, shall with the concurrence of the judge of the superior court, appoint one or more probation officers, male or female, who shall be paid in an amount named by the court and approved by the county commissioners. The judge ,of the juvenile court, under this section, shall make arrangements for the proper detention of children under this Article in surroundings, separate and removed from any jail, lock-up or other plaice of imprisonment where adults are imprisoned, except on order of the judge or probation officer. It is the purpose of this amendment to make Statewide the benefits of the juvenile court, and the provisions hereof shall be constructed benefically towards that end.j Acts 1916, p. 60. Sec. 900 (pp). Judge pro tempore.-jIn the even of the disqualification, illness, or absence of the judge of the juvenile court upon his request if he is able to make it, otherwise upon the request of the judge of the superior court, the ordinary of said county, or the judge of the city court, or any person appointed pro tempore as the judge of the juvenile court is appointed, shall have the authority to preside in the stead of said disqualified, ill or absent judge.j Atcts 1916, p. 61. ApPENDIX-JUVENILE COURT LAW 103 Sec. 900, (qq). Certiorari. /The writ of certiorari to the superior courts shall be to all final judgments of the juvenile c,ourts as now lie from justice or other inferior courts, but no direct writ of error shall lie to either of the appellate courts'; Acts 1916, p. 61. Sec. 900 (q). INDEX. Juvenile Court Law. Advisory hoard, 900 (ll) P. C. Age of children to which law applies, 900 (b) P. C. Appeal to Supreme Court, 900 (q) P. C. Arre:>'t of child, 900 (n) P. C. Bail, 900 (n) P. C. Certiorari, 900 (qq) P. C. Civil liability of child, 900 (jj) P. C. Construction of law establish- ing, 900 (a) P. C. Contempt, 900 (g), 900 (ee) P. C. Continuance, 900 (kk). P. C. Conviction of crime, 900 (1) P. C. Co-operation of municipalities and socitles 900 (t) P. C. Creation, 900 (a), 900 (00) P. C. P. C. Criminal procedure, 900 (h), P. C. Custody of child, guardian of property, 900 (ii) P. C. Parents, 900 (gg) P. C. Religious belief, 900 (hh), P. C. Taking, 900 (e)" P. C. Detention home, 900 (n), 900 (r), 900 (s) P. C. Education of children, 900 (s) P. C. Expenses of care of child 900 (ee) P. C. Females eligible to office in, 2167. Final order of judgment, 900 (aa) P. C. Hearings, 900 (h), 900 (k) P. C. Inspection of records, 900 (k) P. C. Investigations, 900 (d) P. C. J ail, confining of children in. 900 (s) P. C. Judge, 900 (u) P. C. Pro tempore, 900 (pp) P. C. Superior Court, 900 (00,) P.C. Juries, 900 (kk) P. C. Jurisdiction, 900 (b) P. C. Lock-up, confining of children in, 900 (s) P. C. Medical care of child, 900 (ft') P. C. ' Neglect of child by parent, 900 (kk) P. C. Petition, 900 (c) P. C. Probation officers, appointment, 900 (s), 900 (v), 900 (x) P. C. Care of child, 900 (i) P. C. Duties and powers, 900 (z) P. C. ..., Removal, 900 (y) P. C. Salaries, 900 (s), 900 ,(v), 900 (dd) P. C. 104 ApPENDIX-JUVENILE COURT LAW ~Volunteers, 900 (w) P. C. Procedure, 900 (p), 900 (mm) P. C. Recognizance, release of child 900 (m) P. C. Records, inspection, 900 (k) P. C. Transfer, 900 (0) P. C. Referees, 900 (cc) P. C. Religious beliefs, custody of child dependent on, 900 (hh) P.c. Girls, custody, ~OO (bb) P. C. Restoration of custody of par- ents, 900 (gg) P. C. Summons,900 (d), 900 (f), 900 (g) P. C. Superior court acting as, 900 (00) P. C. Transfer or 'cases, 900 (n), 900 (0) P. C. Ward of State, child as, 900 (j) P. C. Witnesses, examination, 900 (h) P. C. ,'r) 3. GEORGIA ADULT PROBATION LAW. Section 1081 (a). Probation of Offenders.-(Inall p-r:osecutions for crime except as hereinafter provided, where the defendant has been convicted either upon a trial or upon his plea, where the court has power t,o sentence such defendant to thechaingang, jail or other place of detention in this State, where it appears to the satisfaction of the court that the circumstances of the 'case and the public good does not demand or require the defendant's incarceration, said court may mold its sentence so as to allow the defendant to serve same outside the confines of the chaingang, jailor other place of detention, under the supervision of the court, and in such manner and on such conditions as it may see fit, giving the reasons therefor, which shall be made part of the record. Nothing in this law shall in any manner affect the laws providing the method of dealing with delinquent, wayward or dependent children, in those counties which may establish children's courts. No person shall have the benefit of this law, except those convicted of misdemeanors or felonies which have been reduced to misde:1Ileanors either by the c,ourt upon its own motion or upon recommendation of the jury.) 4cts 1913, p. 112. Section 1081 (b). Probation Officers.-(It shall be the duty of the court molding the sentence, in those 'counties which do not provide a regular salaried probation officer, to secure the written c.onsent of some responsible person in the community, who will agree to be a volunteer 'probation officer for the person whose sentence is molded. It shall be the duty of each volunteer probation officer to aid the probationer in abiding by the terms of his or her probation as set forth by the judge at the time of molding the sentence, and to report to the court when such conditions are not faithfully observed. The grand jury of any county may recommend to the judge of its superior court that he appoint a 'county probation officer, and such assistants as may be deemed necessary, who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the c,ounty, and it shall be the duty of the JP.dge to appoint such person or persons as seem best qualified for the duties devoluving upon a probation officer, to serve during the pleasure of the court making the appointment, and to fix the salary, which shall be paid out of the county treasury, as part of the court expenses: Provided, the judge may require' of said officer a bond or in such sum, with security, as the court may determine. Men 106 ApPENDIX-ADULT PROBATION -LAW women are eligible as volunteer or assistant probation officers: Provided, they are not members of a 'c,ounty or municipal police force.) Acts 1913, pp. 112, 113. Section 1081 (c). Duties of Probation Officers.-(The duties of the county probation officer shall be: First, to investigate, in his discretion the case of any person brought before the court, to ascertain the history and previous conduct of the person arrested, and such other facts as may show whether he or she may properly be released as a probationer under the provisions of this law, and to accomplish this, the probation officer shall have ,opportunity to confer with the accused. Second, to preserve complete records of all cases investigated, including descriptions sufficent for indentification with the findings of the court, its action in the case, the subsequent history of the probationer in such form as may be prescribed under the provisions of this law. Such records shall be a part of the records of the courts, and shall at all times be open to the inspedion of all officers of the courts. Third, to take charge of all persons placed on probation under this law, to instruct probationers in their duty under the orders of court, enforce the terms and conditions of same, keep regular books of acco~nts showing any receipts and disbursements of money received by hiin under the terms of said orders of court. In so far as necessary to the performance of their official duties, probation officers shall have all the powers of police officers.) Acts 1913, pp. 112, 114. Section 1081 (d). Delinquent Probationers.-(Every person placed on probation under the provisions of this law shall, during the term of his release without the confines of the chaingang, jail ,or other place of detention, observe all rules prescribed for his conduct by the court, report to the probation officer as directed, and maintain a correct life. In case of failure to meet any of these requirements, and at any time prior to the final disposition of the case of any probati,oner in the custody of a probation officer, the officer may bring him without warrant before the court or the court may 'issue a warrant directing that he be arrested and brought before it..When such person is brought before the court, the court after due examination may revoke its leave to the probationer to serve his sentence outside the confines of the chaingang, jail or other place of detention. Acts 1913, pp. 112, 114. 4. LAWS GOVERNING STATE TRAINING SCHOOLS A Georgia State Training School for Boys ARTICLE 1. Established and How Managed. Sec. 1237. Training School for Boys establiSlhed.-There is hereby created and established a State institution to be known as the Georgia State Training School for Boys. Acts 1905, p. 127. Sec. 1238. Children under sixteen years old.-All male persons of the age of sixteen years or under, who have been, after the opening of said ref.ormatory, duly convicted in any of the courts of' this State of crime not punishable by death or imprisonment for life may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys. Age: Where sentence to training school recited that defendant was 14 years old, he could not obtain his discharge on ground that it did not appear that he was under 16, so as to authorize him to be sentenced under this section. 145/223 (2) (88 S. E. 819). Confinement in jail: Where sentence to training school provided that defendant be confined in county jail until turned over to training school it was not sentence of indefinite confinement in county jail, but contemplated only his reasonable detention therein until released to training school. 145/223 (3) (88 S. E. 819). Sec. 1239. Indeterminate commitment.-The judge committing a person t,o the Georgia State Training School for Boys shall not fix a limit to the duration of the commitment, but shall merely commit said person to the Georgia State Training School for Boys; but noc,ommitment shall extend beyond the time when the person committed shall have arrived at the age of twenty-one years. Sec. 1240. How long person committed may be held.-Any person committed to the Georgia State Training School for Boys for 'any offense punishable by imprisonment in the penentiary may be held in the Training School for Boys for a term not exceeding five years, or, if committed for a longer term than five years, may be held for such longer term: Provided, however, that no person shall 108 ApPENDIX-Boys' TRAINING SCHOOL be held ill said training school for boys after he has arrived at the age of twenty-one years. Sec. 1240 (a) Judges of Superior Court, as wen as Judges of Juvenile Courts, are authorized to commit incorrigible persons to this institution. Any commitment by Superior or Juvenile Courts shall be final, any child committed thereto being subject solely to the control of the authorities in charge of said institution with regard to rules for parole, discharge, etc. If there is room, parents may be allowed to enter incorrigible boys on payment of the fees required by the management. Sec. 1241. Board of Managers control.-The general supervision, control and government of the training school shall be vested in "A board of Managers consisting of the State School Commissioner of the State of Georgia, the Secretary of the Board of Health of the State of Georgia (both of whom shall be ex-officio members of said Board of Managers), and five other persons, citizens of said State, two of whom may be women, to be appointed by the Gover- . nor. Said Board shall be known as Board of Managers of the Georgia Training School for Boys." Upon the passage and approval of this Act the Governor shan appoint the five appointive members of said Board, one for two years, two for four years, and two for six years, and thereafter their successors for a' term of six years. The Governor shall fix a time and place for the first meeting of said Board within sixty days from their appointment, and shall call said Board together for organization and to arrange to take over the control, supervision and government of the institution heretofore known as "The Georgia State Reformatory." And said board shall have power to make all rules and regulations necessary and proper for the employment," discipline, instruction, and education of the inmates detained in their discretionafl to what character or kind of work any particular inmate shall be required at any time to perform. ' 'Said Board of Managers sh~l re4 Ordinary, jurisdiction of, par. 40. p Parents, Abandonment of child by, par. 49. INDEX 119 Apprehension and return of deserter, par. 49, 56 (3). Child absent when parent tried, par. (32). Collection of cost of care in institution from, par. 48. Collection of cost of medical care from, par. 44. Collection of cost of support of ,child from, par. 49. Consent to play pool, par. 54. Duty of to care for child, par. 49,-55,-56 In truancy cases, par. 52. Of illegitimate children, par. 51. Present during hearing, par. 30. aight to keep children, par. 55. When financially disabled, par. 56 (3) Pensions, confederate veteran's, par. 67. Petition of complaint, par. 17. Physical education, par. 77. Physical examinations, par. 28. Police, How should handle cases, par. 18, 38. Pool or. billards, Playing by minors, par. 54. Poor relief, Method of, Chapter X. Poor law, par ,65. Probation officer might supervise, par. 13. Preventive measures, Development of, chap. XII. Farm agent and home demonstration, par: 77 (7). Guarding health of children, par. 77. (5). PhYsical education, par. 77 (2) Private agencies, par. 77. (8). Public Recreation, par, 77. (6). Special classes for retarded child- ren, par. 77 (4). Truant officer, par. 77. (1). Vocational education, par. 77. (3). Private agencies, par. 61,-73,-76,77 (8). Probation, adult, see Adult Probation. Probation, Juvenile, Cooperation with agencies, 73. Finding employment, par. 72. Follow upcare,.par. 75. Home visiting, par. 70. Method of supervision, par. 69. Records, par. 74. Reporting, par. 70. When applied, par. 55. Working with the school, par. 71. Probation officer, Duties, par. 12. Extension of duties, par. 13. Fixing of salary, par. 9. Gaining appreciation of work, par. 76 Qualifications, par. 10, 15. Required in all counties, par. 9. Selection and removal, par. 11. Use of Publicity, par. 76. Use of Volunteers, par. 76. Procedure, Bringing case to court, par. 17. Complaint or arrest, chap. III. Detention, chap. IV. Disposition of case, chap. IX. Frequency of hearings, par. 33. Hearing in private chambers, par. 30. Judgment, par. 35. Jury trial of adult misdemenants, par. 46. Petition, par. 17. Preliminary investigation, par. 18. Presentation to judge, par. 29. Publicity, par. 30. Recognizance, par. 17. Steps necessary before commitment, par. 58, 59. Studying the case, chap. V. Summons, par. 29. Trial in court, ,chap. VI. W'oman referee in girls cases, par. 34. Prostitution, Keeping house of, par, 54. Soliciting for, par. 54. PubHcity, Dangers of, par. 30. . Use of, par. 76. R Rape, Par. 54. Recognizance, par. 17. Reconciliation of parents, par. 50. Records, par. 74. Recreation, par. 77. (6). Relief, see Dependent Families S Seduction, par. 54. Sheriff, how should handle cases, par. 18,38. Special Juvenile Courts, Counties having or eligible to have, par. 8. Method of securin~" par. 4. State Institutions, see Institutions. Summons, par. 29. Superior Court, jurisdiction, par. 37. T Transients, par. 63. Trial in Juvenile Court, chap. VI. Truancy, Attendance officer required, par. 52. Probation officer should not handle. par. 13. Provisions of law, par. 52. V Verification of age, par. 47. Veterans care of, Dar. 67. Vocational Education, par. 77 (3). Vocational Rehabilitation, par. 60. Volunteers, use of, par. 76.