GEORGIA SOCIAL WELFARE LAWS (1934 EDITION) Published By STATE DEPARTMENT OF PUBLIC WELFARE Thomas B. Mimms. Actipg Executive Secretary 22 CAPITOL SQUARE ATLANTA. GA. GEORGIA SOCIAL WELFARE LAWS (1934 EDITION) Published By STATE DEPARTMENT OF PUBLIC WELFARE Thomas B. Mimms, Acting Executive Secretary 22 CAPITOL SQUARE ATLANTA, GA. CQntents Page Introduction 3 Chapter I-County Responsibility for the POOL ~ _5 Chapter II-I. Board of Control of Eleemosynary Institutions__________________________________________ 10 2. Department of Public Welfare____________________ 12 3. Children's Code Gommission 15 Chapter III-Child Placing__"________________________________________________ 17 Chapter IV-Adoptions 25 Chapter V-Juvenile C0 urts__________________________________________________ 27 Chapter VI-Summaries of Laws Regarding State Institutions 42 Chapter VII-Guardians and Wards 47 Chapter VIII-Parents and Children 50 Chapter IX-Charitable Institutions for Custody of Children 53 Chapter X-Bastardy .--------------------------------------_________ 61 Chapter XI-General Laws for Protection of Dhildren 64 Chapter XII-Domicile and Residence_______________________________ 70 Chapter XIII-Adult Probation ---_________ 73 Chapter XIV-Laws Affecting County J ails Chapter XV-Vagrancy Index __ 76 81 --- .__ 83 INTRODUCTION The purpose of the. Department of Public Welfare in publishing this pamphlet, containing the soCial welfare laws of Georgia, is to assist those who are engaged in social work. It is often true that social workers and volunteers do not have a set of law books at hand, and even if they do have one they do not always have the time to find the needed statute. Those needing further advice concerning the law and procedure should remember that there are local officials and attorneys who will gladly give advice on request. On matters that can not be cleared up through county officials, the services of the Solicitor-General should be enlisted. Facts to Remember 1. The State itself has no r~lief fund of any kind. 2. Georgia has no Mothers' Aid Law and such financial assistance for mothers with children must be secured through county poor funds which are handled by the boards of county commissioners or ordinaries. 3. Georgia has no old age pension and funds for the aged must come through county poor funds. 4. In counties where there are no juvenile courts, the superior court judge should be asked to hold the hearing in his office. 5. It is always important to verify ages of children in court cases. This may be done through the county ordinary or the State Board of Health. 6. Commit children or adults to institutions only as a last resort. Quite often a happier adjustment might be worked out by contacting relatives. The eleemosynary institutions are already taxed to the limit and they are operating on reduced appropriations. An interested relative or a volunteer probation officer might save the county or state hundreds of dollars annually. The cost of caring for a person in a public institution is generally much greater than home care. 7. Consult the Directory of Social Agencies prepared by the Department of Public Welfare for the extent of welfare organization in the State. 8. Local laws, that is those that affect only one county, are not included in this compilation. APPRECIATION The Department wishes to express its appreciation to Judge Garland Watkins, of the Fulton County Juvenile Court, Mr. J. E. Thrift and Mr. H. H. Hamrick, of the Atlanta Legal Aid Society, and Mr. E. J. Clower, assistant to the State Attorney General, for their assistance in examining the material included in this pamphlet. CHAPTER I COUNTY RESPONSIBILITY FOR THE POOR Sec. 506. Tax for Support of Paupers. The county authorities (ordinaries and grand jury) who are charged with the control of the finances of their county are authorized to levy a tax for the support of paupers of their county, which shall not exceed twenty-five (25) per cent upon the amount of the state tax for the year such pauper tax is levied. Acts 1880 - 1, p. 49. Sec. 509. Duty of the Ordinary. It is the duty of such ordinaries to see that by the time of the organization of such grand jury they shall have prepared by their county treasurer, under their supervision, a statement of the financial condition of the county, and the amount of tax required to discharge the county liabilities for that year, which shall be by the treasurer presented to the foreman of the grand jury on the first day of court, for the inspection by that body. . Sec. 541. Paupers. The general supervision of all paupers is vested in the ordinaries of each county. Acts 1818 - Cobb, 347. Sec. 542. Poorhouses. They have authority to purchase lands for a poorhouse; the title thereto vesting in the county, or to rent improvements for such purpose, or to board out the poor, and to make all necessary contracts in relation to them. Sec. 543. Pauper Farms. Upon the recommendation of the grand juries of their respective counties, said ordinaries shall have power to purchase a house and farm in their respective counties, upon which farm they may require all paupers in said counties to labor who are not, from old age and disease, unable to work. Acts 1865 -6, p. 230. Sec. 544. Tax for Purchase of Poor Farms. The said ordinaries have authority to lay Jtnd collect a tax for the purpose of purchasing said house and farm. Sec. 545. Regulations of Pauper Farms. They are also authorized to establish all necessary rules and regulations in the management of said farms. Sec. 546. Workshops, etc. They are further authorized to establish any workshops and school houses, or churches, on 6 SOCIAL WELFARE LAWS said farms as they may deem proper, and may do any and everything necessary to carry out the provisions of this and the three sections preceding it. Sec. 550. Commissioner of Poor and His Duty. The ordinaries shall, if necessary, appoint a commissioner of the poor, one in each co~nty, and the money rising from the poor tax shall be paid into the hands of the county treasurer, on orders granted in his favor by such ordinaries, or in' favor of any other person. Sec. 551. Receiver and Disburser. Whoever receives and disburses such fund must once in every year, at the time such ordinaries may order, or oftener if they require, make up his account and lay the same before them, who shall allow or disallow, and whenever there is a deficiency or liability on the part of such person he may be ruled for the amount as an officer of court. Sec. 552. Application of Pauper. Application to be provided for as a pauper may be made at any time to the commissioner of the poor or the ordinary, upon which a hearing must be had, with the least possible delay, by the ordinary and the person to whom such application is made is authorized to provide for such applicant as other county poor until a hearing is had. Sec. 563. Homes for Indigent Old Women. Counties of 75,000 or over, commissioners of roads and revenues may appropriate not exceeding $5,000 a year for above home. Acts 1907, p. 109. Sec. 553. Who are Paupers. No person shall be entitled to the benefits of the provision for the poor who is able to maintain himself or herself by labor, or, if not, has sufficient means, and in cases where females are unable to maintain themselves and the helpless children they may have also, they may be aided to the extent required in the furnishing of food, clothing, or shelter. SOCIAL WELFARE LAWS "' has made provision for such person: Provided, always, the person sued was possessed of such ability. Sec. 555. Certificate of the Ordinary. On the trial, the certificate of the ordinary that the person was poor and unable to sustain himself, and that he was maintained for such time at the expense of the county, is presumptive evidence of such maintenance, and the costs thereof. Sec. 556. Paupers, How Buried. Whenever any person shall die in this State, whose family and immediate kindred are indigent and unable to provide for the decent interment of such deceased person, and where the deceased is a pauper and destitute of the means of paying for decent interment, the ordinary of the county where said death shall occur, in case there be any pauper funds belonging to the county unexpended, shall appropriate a sufficient amount thereof to provide a decent interment for such deceased pauper, or to reimburse such person as may have expended the same voluntarily-said appropriation not to exceed what is necessary to defray the ordinary funeral expenses of persons dying in humble circumstances in this State. Acts 1863-4, p. 60. Sec. 557. Persons Removing Paupers, Liability. When any inhabitant of any county, city, town or village in or out of the state sends a pauper to some county in this state, by payingla the expense of transportation, or otherwise has him removed for the purpose of burdening some other community, the person so engaged shall be personally liable for the support of the pauper in the county where he locates. Sec. 558. County Liable, When. If the person so engaged in transporting a pauper is insolvent, or does not respond to such demand from any cause, the county from which the transportation took place shall be liable. Sec. 559. Paupers Left by Migratory Compa;;ies, etc. If any person commanding any vessel, or the manager or proprietor of any theatrical, circus, or any other migratory company, or their agent, or any person passing or moving through this state shall bring and leave or abandon herein any infant, lunatic, maimed, deaf and dumb, blind, aged or infirm person, who is or is likely to become chargeable to the county, he may be brought by warrant before any judicial officer. Sec. 560. May Be Required to Give Bond. If such officer 8 SOCIAL WELFARE LAWS is satisfied that such person is or probably will become such charge, he must require such person to enter into bond, payable to the governor of the state and his successors in office, with sufficient sureties resident in this state, for the sum of five hundred dollars, for each of such persons so brought, conditioned to pay all such expenses as any county in the state may lawfully incur in their support. P. C. Sec. 683. Failure to Give Bond to Support a Pauper. If any person fails to give the bond prescribed in section 560 of the Civil Code, he must be committed to jail until it is done, or until the next term of the superior court of the county, when, if not done, or he does not take care of said pauper, and pay all costs, he is guilty of a misdemeanor. Acts 1895,. p.63. Sec. 562 (1). In Certain Counties. Counties having a population of over 150,000, as determined by the present or any future census of the United States, be and they are hereby authorized and empowered, in addition to the ways now authorized by law, to provide for the support of paupers by contracting with any city within any county, or with charitable organizations, or both, for the support, in whole or in part, in institutions of paupers as herein defined and to apJ>ropriate money therefor. Acts 1922, p. 181. Sec. 562 (2). Delegation of County Authority. Any coun.ty may delegate authority to, or contract with, any city within the county, or a charitable organization, to administer relief to paupers in their homes, from funds appropriated by the county, and authority is hereby granted to said county to make such appropriation; it being the intent of this provision to enable said counties to economize in the administration of poor relief and to procure for those in need the benefits of trained and experienced service, to the end that they might be helped to help themselves, and the county thereby relieved of their further support. Acts 1922, p. 181. Sec. 562 (3). Authorized Officers. Said counties, with respect to all things herein mentioned, may act by and through their officers authorized to act in such matters, whether they be ordinaries, commissioners of roads and revenues or any other officer or officers; and said cities by and through their respective mayors and councils and other officers authorized to act in such matters. Acts 1922, p. 181. SOCIAL WELFARE LAWS 9 Sec. 562 (4). "Pauper" Defined. The word "pauper" as herein used shall mean any person who is not able to maintain himself or herself by labor and who has not sufficie:nt means therefor; and, in the case of children, one who has no legal source of support from which he or she can be maintained. Acts 1922, p. 18I. Note :-In a majority of the counties of the State the duties of the ordinary, with reference to administering poor funds, have been transferred to the board of county commissioners by special legislation. CHAPTER II. 1. BOARD OF CONTROL OF ELEEMOSYNARY INSTITUTIONS 2. DEPARTMENT OF PUBLIC WELFARE 3. CHILDREN'S CODE COMMISSION 1. Board of Control Sec. 257 (37). Be it further enacted by the authority aforesaid, that there is hereby created and established a Department of State Government, to be known as the Board of Control of Eleemosynary Institutions. Sec. 257 (38). The Board of Control shall be composed of eleven members appointed by the Governor and confirmed by the Senate, one from the State at large and one from each Congressional District. The Governor shall be ex-officio a member of said Board. Sec. 257 (39). The term of office for the ten members first appointed from the several Congressional Districts shall be as follows: Two shall be appointed for a term ending July 1, 1933; four for a term ending July 1, 1935, and four for a term ending July 1, 1937, and their successors shall be appointed for a full term of 6 years. The member from the State at large shall serve at the pleasure of the Governor. Sec. 257 (40). In case of the death or resignation of any member of the Board, the Governor shall fill such unexpired term by appointment, subject to confirmation by the Senate. The Board of Control shall elect one of their members as Chairman. 'Sec. 257 (41). Said Board shall appoint a Secretary, not a member thereof, to devote his entire time to the work of the Board; to hold office at its pleasure; to be provided with an office in the State Capitol; to receive a salary to be fixed by the ,Board; such salary shall not exceed $5,000 per annum, and said Secretary shall give bond for the faithful performance of his duties and the faithful accounting for all monies coming into his hands as such Secretary in such amount and under such terms and conditions as may be prescribed by said Board of Control. Sec. 257 (42). The Board of Control shall establish such rules and regulations for their own direction as they may deem SOCIAL WELFARE LAWS 11 proper, may fix the term of office of their chairman, their vice-chairman and secretary; the Board is vested with all the powers, privileges and rights heretofore vested in former boards heretofore in control of the several institutions hereby made subordinate to it, and said Board is charged with all the duties, obligations and responsibilities incumbent uponand/or pertaining to such former boards. Sec. 257 (43). It shall be the duty of the members of the Board of Control to attend its meetings and take part in its deliberations, and should any member be engaged at the time of any meeting of the Board as counselor party in any case pending in the courts of the State, and should such case be called for trial during the regular session of said Board, his absence to attend such session shall be good grounds for a postponement or a continuance of the case until the session of the Board shall have come to an end. Sec. 257 (44). The office of any member of the Board shall be vacated if he neglects to furnish a good and satisfactory cause in writing to the Board for absence from two consecutive meetings of the Board. If any member for any cause fails to attend three successive meetings of the Board, without valid excuse or leave of absence from said Board or the Chairman or Vice-Chairman thereof, his office shall be declared vacant by the Board, and the Secretary shall, in either event, notify the Governor of a vacancy in the Board and the Governor shall fill same as heretofore provided. Sec. 257 (45). The Board, through committees of not less than two of its members, shall make at least one annual visit and inspection of each of the institutions hereby made subordinate to it and report their findings and conclusions to the Board in writing. Sec. 257 (46). The members of the Board shall each receive the sum of $7.00 for each day of actual attendance at the meetings of the Board or on tours of inspection in lieu of their personal expenses incurred thereby, and shall receive mileage to and from the place of meeting or place of visits and inspections of the respective institutions, by the nearest practical route from their respective homes, such expenses and mileage to be paid by the State Treasurer out of'the funds of the State by executive warrant on presentation of vouchers by the members of the Board approved by the Chairman and 12 SOCIAL WELFARE LAWS signed by the Secretary. The members of the Board shall receive no emoluments or compensation for their services as such members. That no member of said Board shall directly or indirectly sell to or buy from any institution under its control or supervision. Acts 1931, p. 17. The Board of Control has control over the following institutions and agencies: Training School for Boys Training School for Girls Confederate Soldiers Home Academy for the Blind School for the Deaf Milledgeville State Hospital Training School for Mental Defectives Tuberculosis Sanatorium Department of Public Welfare 2. Department of Public Welfare Sec. 2158 (77). Board of Public Welfare; Number and Appointment of Members; Term. (See Board of Control.) Sec. 2158 (78). Removal of Members of Board. (See Board of Control.) Sec. 2158 (79). Meeting of Board; Rules and Regulations. Compensation. (See Board of Control.) Sec. 2158 (80). Appointment of a Secretary; Salary and Expenses. (See Board of Control.) Sec. 2158 (81). Appropriation for Maintenance of Board. (See Board of Control.) Sec. 2158 (82). Duties of Board, Certain Officers and Persons to Furnish Information and Statistics and Allow Access to IDimates and Departments. Literature to be Distributed. That the duties of the IBoard shall be strictly visitorial and advisory, without administrative or executive powers except as may afterwards be provided by law. It is hereby empowered and authorized, and it shall be a duty as a whole or by committee of its members, or by its secretary or assistant secretary to visit, inspect and examine once a year, or oftener, county SOCIAL WELFARE LAWS 13 jails, the State, county, municipal and private institutions and organizations which are of an eleemosynary, charitable, correctional or reformatory character, or which are for the care, custody or training of the orphaned, defective, dependent, delinquent or criminal classes; it shall also inspect and report upon the workings and results of chartered or private institutions or associations or organizations engaged in the care and protection of hQmeless, dependent, defective, and delinquent children or adults. The Board shall make reports regarding the condition of said institutions or associations, the care of their inmates, the efficiency of their administration and such other matters pertaining thereto as it may deem proper. All reports shall be duly signed and filed in the office of the Board. That the officers and all other persons in charge of, or connected in any way with the administration or management of such public institutions are hereby required to furnish to the Board, or fts committee, secretary or assistant secretary, such information and statistics as may be required, and allow said Board, its committee, secretary or assistant secretary or other agents of the Board, full and free access to all inmates and departments of such institutions, and to all their records for the purpose of this Act. That with the view of increasing the efficiency of public and private officials and bringing institutions for the care and custody of the dependent, defective, and delinquent classes up to a high and modern standard, the Board shall cause to be distributed among such officials, literature bearing upon subjects embraced under this Act. The Board shall bring prosecutions for fraudulent solicitation or misappropriation of charitable funds and for gross neglect or mistreatment of wards or inmates in institutions or in the care of agencies affected by this Act. Sec. 2158 (83). Reports of Superintendents and Chief Officers; Suggestions to Certain Officials. That every superintendent or chief officer having in charge any institution or organization within the provisions of this Act shall make quarterly reports to the Board, containing such information and in such form as said Board may prescribe. Sec. 2158 (84). Plans for New Jails, Etc., Submitted to Board. That all plans for new jails, reformatories, almshouses, and buildings for charity, supported by public funds or public collections, shall, before the adoption of the same by the State, county, city or voluntary authorities, be submitted to said 14 SOCIAL WELFARE LAWS Board, who shall promptly return the same with such suggestions and recommendations as it may deem reasonable and proper. Sec. 2158 (85). Local Committee of Visitors; Duties of Committee. That for each county or city there may be appointed by the said !Board a local committee of visitors, consisting of three persons, one of whom shall be a member of the local Board of Health, and one of whom may be a woman, to aid the Board in its work. The duty of said committee shall be to visit and inspect as often as it may be deemed advisable or upon request of the Board, and to report annually, or upon request of the Board any matters of importance respecting the jails and almshouses and private institutions and agencies in such county or city, and to encourage and aid the local authorities in maintaining such institutions in an efficient manner. The members of such committees shall receive no compensation, but shall be provided by said Board with all ne.cessary stationery and postage, and forms for keeping proper records and making their reports to the Board. Sec. 2158 (86). Board to Collect Certain Statistics. That the said Board shall collect, compile, and publish statistics and information regarding the dependent, defective and delinquent classes both in and out of institutions, within the State, and such other data as may be of value in assisting the officials of the institutions and organizations involved in the Act in the performance of their duties. Sec. 2158 (87). Annual Report to the Governor; Copy of Report Filed With Clerk of Court of Each County. (See Board of Control.) P. C. Sec. 339 (1). Officers Interfering With Board; Malfeasance in Office; Removal for Same. That any person or persons who shall by any overt act interfere with said Board, its committee, or anyone acting under the authority of said Board, by preventing or attempting to prevent an inspection, or visitation, or by refusing access to records, shall be guilty of a misdemeanor, and upon conviction punished as for a misdemeanor. Sec. 2158 (88). Election of Chairman; Payment of Necessary Expenses. (See Board of Control.) Sec. 2158 (89). Board to Make Investigations; Powers. SOCIAL WELFARE LAWS 15 Whenever the Governor considers it proper or necessary to investigate the management of any institution receiving aid from the State and required to be inspected under the provisions of this Act, he may direct the Board of Public Welfare, or any committee thereof designated by the Governor, to make said investigation, and said committee as a board shall have the power to administer oaths and to summon officers, employees or other persons to attend as witnesses and to enforce their attendance, and to compel them to produce documents and give evidence. Sec. 2158 (90). Acts Not Repealed. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to interfere, conflict or repeal the Act, or any part thereof, known as the "Veazey Inspection Law", found in Acts of 1916, Page 126, and amendment thereto found in Acts of 1918, Page 165. Acts of 1919, p. 222. 3. Children's Code Commission Sec. 2158 (118). Georgia Children's Code Commission Created. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a Code Commission be created, to be known as the Georgia Children's Code Commission. Sec. 2158 (119). Duties. It shall be the duty of said Georgia Children's Code Commission to study the existing laws of Georgia which in any way affect child life; to study condi. tions of child welfare in the State, to study the laws of other states, and to consult authorities in this and other states, and to draft for presentation to the succeeding Legislature such laws or amendments to the existing laws as will better safeguard the welfare of children in this State. Sec. 2158 (120). Membership. Be it further enacted, That said Georgia Children's Code Commission shall consist of ten members, to be appointed by the Governor of the State of Georgia, wh,o shall hold their term of office for five years, and until their successors are appointed, and who shall consist of one Superior Court Judge, one member of the House of Representatives, one State Senator, and a member or representative from each of the following organizations: Federation of Women's Clubs, State Council of Social Agencies, State Board 16 SOCIAL WELFARE LAWS of Health, State Board of Public Welfare, State Federation of Labor, State Department of Education, Georgia League of Women Voters. Sec. 2158 (121). No Compensation. The members of said Georgia Children's Code Commission are not to be paid any salary or remuneration whatever by the State of Georgia, nor are they to receive any salary or remuneration from anyone whatsoever, for their services. Sec. 2158 (122). Reports. The Georgia Children's Code Commission shall make their reports each year to the General Assembly of Georgia. Georgia Laws 1922, p. 71. CHAPTER III CHILD PLACING Important Provisions of the Georgia Child Placing Law Child placement is the temporary or permanent placement of dependent, neglected, or delinquent children in families other than those of relatives within the second degree, for the purpose of providing care for them. It includes the placing of children in: (1) . Boarding homes-the board being paid by parent, guardian, agency or public officers, or partly by one and part- ly 1r another. (2). Free homes-the expense of care being borne by the foster parents. (3) . Adoption homes-free homes where legal adoption . of the child is contemplated. It is necessary that agencies, institutions, public officers, and others sending children off for visits, exercise particular care that these visits do not extend long enough to virtually constitute a temporary or permanent placement. A visit of this type would be construed as breaking the child placing law. As described in Section 4, the proper placement of children requires: (1) A thorough study of the home situation and every effort exerted to adjust the family so that the child can remain with his own parents. Should such an adjustment prove impossible, a thorough study is required to ascertain if any relative can give an adequate home. Only after all efforts fail to make these adjustments should child placing be undertaken. (2) A thorough study of the child, his family history and his needs. Physical examination, including Wasserman, is indispensable, and whenever possible it is most important to have psychological examination. (3) A thorough study of the foster home. (4) A wise decision as to which child will fit happily into which home. 18 SOCIAL WELFARE LAWS (5) Adequate supervision after the child is placed; judgment and resourcefulness in making adjustments and changes. It can be readily seen that proper child placing requires the services of a well trained and experienced children's worker. Much havoc has been wrought by breaking up families unnecessarily, and by making poor placements. It is for this reason that the child placing law was enacted. Only those agencies having a proper staff to comply with the child placing law can carry out its provisions. Juvenile courts can place children without a license; however, only a few courts are equipped to properly carry out this function. It is therefore advised that whenever possible the services of a licensed child placing agency be utilized. Child Placing Law Sec. 1762 (1). Children Under 16; Placement. No person, agency, hospital, maternity home, or institution, or offi-' cial, public or private in this State shall receive or accept a child under sixteen years of age, for placement or adoption, or place such a child either temporarily or permanently in a home other than the home of the child's relatives within the second degree, or solicit money in behalf of such agency, unless it has received a license from the Judge of Superior Court of the circuit in which the person or agency has headquarters, issued after the passage of this Act in compliance with the provisions set forth herein. Sec. 1762 (2). Condition of Receiving Such License. No such license shall be issued unless the person, agency, hospital, institution or official, is competent and equipped to comply with the provisions of Section 4 of this Act. Sec. 1762 (3). Application; Public Welfare Board; Investigation. Applications for child placing license must be filed in duplicate with the Judge of the Superior Court on forms furnished by the State Board of Public Welfare, by all persons, agencies, hospitals, maternity homes, institutions or public or private officials now engaged in child placing on or before January 1, 1923; and by others thereafter who may desire to engage in child placing. It shall be the duty of the Clerk of the Superior Court to furnish a copy of each application for child placing license to the Board of Public Welfare within five days after such application is filed, and no license SOCIAL WELFARE LAWS 19 shall be granted or denied until six months after such copy has been thus transmitted. It shall also be the duty of the Clerk of the Superior Court to furnish the State Board of Public Welfare with a copy of each child placing license granted by the Judge of the Court. A period of six months time after application for child placing license has been filed shall be allowed by the Judge, during which time applicants may place children under the provisions of the Act. Only one six months period of time shall be granted to an applicant. For the purposes of Sections 2, 3, 4 and 5 of this Act, the State Board of Public Welfare shall carefully ascertain the competency and equipment of each applicant for a child placing license and submit its findings to the Judge within six months after the date of each application. Said Board shall make similar inquiries into the child placing work of licensed persons or agencies at least once each year and report its findings to the Superior Court. Sec. 1762 (4). Conditions of Holding License. The holder of a license shall: (a) Never place a child in a foster home or boarding house without previously becoming carefully acquainted with (1) the conditions which call for placement of the child, making diligent effort to avoid separation from the parents, and afterwards removing the child only when this action is found necessary in order to prevent serious detriment to the welfare of the child; (2) the home in which the child is to be placed, taking every proper precaution to place children only in homes where they will receive the proper care and training; (b) inquire carefully into the care of the child in its new home, at least once during the first two months, twice during the first six months and twice in every year thereafter unless the child is legally adopted, or until the child reaches the age of eighteen years; and remove any child promptly from a home where it is mistreated or neglected; (c) report immediately to the Board of Public Welfare every child received by the agency or institution, or born in the institution, and every child placed, together with such information regarding the child, its family, and the foster home as the Board mlfY require. Such report to be filed within ten days of such receipt, birth or placement. The Board of Public Welfare shall supply the Superior Court with forms for 20 SOCIAL WELFARE LAWS issuing licenses, and the child placing licensees with record and report forms to be used as required in this Section. Sec. 1762 (5). Revocation of Licenses. Proof of fail ure to comply with the above regulations shall be grounds for revocation of the license by the Judge, upon ten days written notice to the licensee, and opportunity to answer charges at a formal hearing. Upon the filing of a petition for revocation of license, the Superor Court shall in every instance proceed with notice and hearing on the petition. Sec. 1762 (6). Improper Placement. For the purposes of Sections 3, 4, and 5 the Board of Public Welfare may ascertain by visit of its agents or otherwise if necessary, the character of any private home or private boarding home in which children are placed or boarded, either temporarily or permanently by any person or agency. Whenever the Board shall find that a child has been placed in an improper home, the agency placing the child shall be notified by the State Board of Public Welfare and if the child is not removed within a reasonable time, the board shall institute proceedings before the proper court for its removal and placement in a proper home. Sec. 1762 (7). Offers to Dispose of Unborn Children. No person as an inducement to a woman to go to any maternity hospital or home during confinement, shall in any way offer to dispose of any child or advertise that he will give children for adoption or hold himself out as being able to dispose of children in any manner or permit any child to be left or abandoned in such maternity home, hospital or private home by its mother or any other person unless such hospital or home is duly licensed to place children under this Act. Sec. 1762 (8). Legal Adoption. No child placed by an agency under this Act shall be legally adopted into its foster home until he has lived six months in said foster home, nor thereafter without written permission of the person or agency responsible for the placement. Sec. 1762 (9). Children Brought Into the State for Placement; Bond. No person shall bring or send into the State any child for the purpose of placing him out or procuring his adoption, without first filing notice with the State Board of Public Welfare. He shall file with the Board a bond to the State for each child, approved by the Board, in the penal sum of one thousand dollars, conditioned that he will not send or bring SOCIAL WELFARE LAWS 21 into the State any child who is incorrigible or unsound of mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the Board of Public Welfare, becomes a menace to the community prior to his adoption or becoming of legal age; that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the State for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the State Board of Public Welfare of his intention, and shall obtain from the Board a certificate stating that such home is, in the opinion of the Board, a suitable home for the child. Such notification shall state the name, age and personal description of the child, and the name and address of the person with whom the child is to be placed, and such other information as may be required by the Board. The person bringing or sending the child into the State shall report at least once each year, and such other times as the Board of Welfare shall direct, as to the location and well-being of the child so long as he shall remain within the State and until he shall have reached the age of eighteen or shall have been legally adopted. Sec. 1762 (10). Disclosing Records. No officer or authorized agent of the State Board of Public Welfare, or any of its agents, or a holder of a child placing license, or any other person, shall directly or indirectly disclose the contents of the records herein provided for, or the particulars entered therein, of facts learned about such homes, or the inmates thereof, except upon inquiry before a court of law, at a coroner's inquest or before some other tribunal, or for information of the State Board of Public Welfare. Provided, however, that nothing herein shall prohibit the holder of the license or the Board of Public Welfare disclosing such facts to such proper persons as may be in the interest of any child. P. C. Sec. 702 (9). Fake Statements, Etc. Any person who shall violate any of the provisions of this Act, or who shall make any false statements or reports to the Board of Public Welfare with reference to the matters contained herein, and any parent or guardian or person receiving a child who shall give a false name or address to the Board of Public Welfare, or any agency licensed under this Act, shall, upon conviction, be guilty of misdemeanor. 22 SOCIAL WELFARE LAWS Sec. 1762 (11). Orders and Proceedings. The Judge shall direct the clerk to enter all orders and proceedings under this Act on the minutes of the Superior Court and the Clerk shall be paid such fees as clerks are allowed for similar services to be paid out of the appropriation for the Department of Public Welfare upon the certificate of the Judge. Sec. 1762 (12). Disqualification of Judges. If for any reason the Judge of the Circuit is disqualified, the duties imposed by this Act may be discharged by any qualified Judge of the Superior Court who shall order the proceedings entered on the minutes of the Superior Court of the proper county. Georgia Acts 1922, Page 72. Summary of Duties According to Child Placing Larw Superior Court (A) Judge. 1. Six months after receipt of application, to grant or refuse licenses, basing decision on the recomme~dations of the State Board of Public Welfare (Section 3). 2. Revoke licenses on proof of failure of the licensee to comply with the regulations set forth in Section 4, giving ten days written notice to the licensee, and opportunity to answer charges at a formal hearing. Upon the filing of a petition for revocation of license, the Superior Court shall in every instance proceed with notice and hearing on the petition. (Section 5). 3. Not permit any adoption of child placed until six months after placement. (Section 8). 4. Direct the clerk to enter all orders and proceedings under this act on thQ minutes of the Superior Court (Section 12). 5. Grant certificate to clerk of the Superior Court for payment of fees by the State Board of Public Welfare for services in connection with the Act. 6. Perform the duties of this Act when called upon to act in place of a disqualified Superior Court Judge of another circuit and order the proceedings entered on the minutes of the Superior Court of the proper county. (Section 13). (B) Clerk. 1. Furnish the State Board of Public Welfare SOCIAL WELFARE LAWS 23 with the duplicate copy of each applicant for child placing license within five days after such application is filed. (Section 3). 2. Furnish the State Board of Public Welfare with a copy of each child placing license granted by the Judge of the Court. (Section 3). 3. Present to the State Board of Public Welfare certificate of the judge for the fees due the clerk for services in connection with discharging the duties of this Act. State Department of Public Welfare 1. Prepare and issue the following blank forms and re- ports: ' To the Superior Court: (a). License certificate. (Section 3). (b). Report forms for children adopted. (c). Reports of findings on investigation as to competency and equipment of each applicant for a license (Section 4-c) ; and annually on all licensees. (d). Such other reports as may later be necessary. To Applicants or Licensees: (a). Application blanks. (b). Report forms for children received. (Section 4-c). (c). Report forms for children placed. (d). Report forms for children adopted. To licensee or other persons desiring to bring or send a child into Georgia for placement. (Sec. 9) : (a). Blank form for declaration of intention. (b). Bond. (c). Certificate to such persons after investigation of the home into which the child was to be placed stating that such home is suitable for the child. 2. During the six months interim after first application and annually thereafter carefully ascertain the competency and equipment of each applicant for a child placing license, this investigation to be the basis of the report to the judge. Make visits to the homes in which children have been placed for the above purpose, (Section 3) and in accordance with requirements of Section 4. 24 SOCIAL WELFARE LAWS 3. Notify licensees of improper placements. (Section 6). 4. Institute proceedings against licensees for not removing children from homes which they have been notified were improper, such prosecution to be conducted before the proper court for the removal of the child and placement in a proper home. (Section 6). 5. Receive notification of intention to bring or send into the state children for placement. (Section 9) .. 6. Receive and file bond of persons bringing or sending such children into the state for placement. (Section 9). 7. Receive and file annual reports on such children brought into the state from the persons or agencies which place them. (Section 9). 8. Receive from Superior Court reports of adoptions. 9. Keep as confidential all contents of reports provided for in the Act except upon inquiry before a court of law, at a coroner's inquest or before some tribunal, or to such proper persons as may be in the interest of the child. (Section 10). 10. Pay to the Clerk of the Superior Court from the appropriation of the Department such fees as clerks are allowed for similar services upon the certificate of the Judge. (Section 12). 11. Prosecute any person violating the provisions of this Act or giving false statements or reports with reference to the matters contained in the law. (Section 11). CHAPTER IV ADOPTIONS Sec. 3016. Mode of Adopting Child. Any person desirous of adopting a child, so as to render it capable of inheriting his estate, may present a petition to the superior court of the county in which said child may be domiciled, setting forth name of the father, or, if he be dead or has abandoned his family, the mother, and the consent of such father or mother to the act of adoption; if the child has neither father nor mother, the consent of no person shall be necessary to said adoption. The court, upon being satisfied with the truth of the facts stated in the petition, and of the fact that such father or mother has notice of such application (which notice may be by publication, as required in equity cases for nonresident defendants), or if the father or mother has abandoned the child, and being further satisfied that such adoption would be to the interest of the child, shall declare said child to be the adopted child of such person and capable of inheriting his estate, and also what shall be the name of such child; thenceforward the relation between such person and the adopted child shall be, as to their legal rights and liabilities, the ,relation of parent and child, except that the adopted father shall never inherit from the child. To all other persons the adopted child shall stand as if no such act of adoption had been taken. [(a) Provided, that no person may adopt a child under this Section unless such person is (1) at least twenty-five years of age, or (2) married and living with husband or wife. The petitioner must be at least ten years older than the child, a resident of this State, and financially able and morally fit to have the care of the child. If the child is 14 years of age or over, his consent shall be necessary to the adoption. (b) The petition, duly verified in duplicate, shall be filed jointly by husband and wife, unless the person desiring to adopt is unmarried, and shall contain the name and age of the child, the address and age of the petitioner, the name by which the child is to be known, whether the parents are living or not, names and addresseil of the living parents or guardians, if known to the petitioner, and a description of any property belonging to said child. 26 SOCIAL WELFARE LAWS (c) Upon the filing of the petition the court shall issue summons to the next of kin, parents or guardians, brothers and sisters, if living within the State, and legal notice if a nonresident by service if possible, otherwise by publication once a week for four weeks in the official organ of the county where such proceedings are pending. After the expiration of thirty days from the date of filing of the petition, the case shall be placed upon the regular calendar of the court for a hearing before the judge without a jury, and the court shall hear evidence from witnesses as to the good character, moral fitness, and financial ability of the petitioner to care for the chqd, as well as all other allegations in the petition. When a child has been awarded by court order, or otherwise legally and permanently surrendered, to the custody of a licensed child-placing agency for permanent placing in a foster home, such agency shall be served with summons in lieu of parents and relatives, and the written consent of such agency shall be filed with the court before adoption can be granted. (d) Upon the first hearing the court may pass an order only granting temporary custody of the child to the petitioner. Final adoption shall be granted only upon a second hearing after the child shall have been in the custody and care of the petitioner for a period of six months. (e) A copy of the decree of adoption shall be filed with the State Registrar of Vital Statistics.] Acts 1927, p. 142. Sec. 3017. Objections by Relations. It shall be the privilege of any person related by blood to such child, if there be no father or mother, to file objections to such application, and the court, after hearing the same, shall determine, in its discretion, whether or not the same constitute a good reason for refusing the application. Acts of 1859, p. 36. Sec. 3018. Adopting of Adult Person. Adult persons may be adopted in like manner, and have their names changed, on giving consent to such adoption. Acts of 1859, p. 36. CHAPTER V. JUVENILE COURTS Sec. 900 (a). Creation; Counties Included; Construction of Article. jIn counties having a population of sixty thousand (60,000) or more, juvenile courts are created and established with original and exclusive jurisdiction of all cases coming within the terms and provisions of this Article. This Article shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purpose herein set forth.j Acts 1915, p. 35. Sec. 900 (b). To What Child Applicable. This Article Shall apply to all children under sixteen years of age, (a) Who violates any penal law or any municipal ordinance, or who commits any act or offense for which he could be prosecuted in a method partaking of the nature of a criminal action or proceeding, except in crimes punishable by death or life imprisonment, or (b) Who engage in any occupation, calling, or exhibition or is found in any place for permitting which an adult may be punished by law, or who so deport themselves, or himself, or is in such condition or surroundings or under such improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of such child, or (c) Who come within the provision of any law for the education, care, and protection of children, or (d) Whose custody is the subject of controversy of any suit; provided, however, that jurisdiction in such cases shall be vested in courts of record where the law now gives courts of record exclusive jurisdiction, and that said courts of record shall have concurrent jurisdiction in all other cases arising under division (d) of this section. The judge of any court, except as above provided, in which there is pending any suit in which there is involved the question of the custody of any child shall refer and transfer by proper order said question of custody to the juvenile court to be heard and determined by it.j Acts 1915, p. 36. Sec. 900 (c). Petition, By Whom Filed. jAny person having knowledge or information that a child is within the provisions of the preceding section may file with the juvenile court 28 SOCIAL WELFARE LAWS a verified petition stating the facts that bring such child with- in said provisions. The petition may be upon information and belief. The title of the proceeding shall be "In the Juveinile Court of County. In the matter oL _ a child under years of age." The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and residence of the person having the guardianship, custody, control and super- vision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are un- known, if that be the fact./ Acts 1915, p. 37. Sec. 900 (d). Investigation and Sununons. /Upon filing the petition, the court may forthwith, or after first causing an investigation to be made by a probation officer or other person, cause a summons to be issued, signed by the judge or the special clerk of said court, requiring the child to appear befor the court, and the parents or the guardian, or the person having the custody, control or supervision of the child, or the person with whom the child may be, to appear with the child, at a place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this Article./ Acts 1915, p. 37. Sec. 900 (e). Taking Child Into Custody. /If it appears from the petition that the child is embraced within subdivision (a) of section 900 (b), or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may endorse upon the summons a direction that the officer serving the same shall at once take said child into his custody./ Acts 1915, p. 37. Sec. 900 (f). Service of Summons. /Service of summons shall be made personally by delivering to and leaving with the person summoned a true copy thereof. If it shall be made to appear by affidavit that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court at any stage of the proceeding may make an order for substituted service of the summons, and if such parties are without said county, service may be made by mail, by publication, or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, SOCIAL WELFARE LAWS 29 but the court, if requested, shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in courts of record. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases under subdivision (a) of section 900 (b); provided that, however, for good cause shown, the court make an order dispensing with such service./ Acts 1915, p. 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 jury./ Acts 1915, p. 38. Sec. 900 (h). Hearing 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 witnesses 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 judgment 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 a state of delinquency or neglect and may further render such judgment and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this Article./ Acts 1915, p. 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 probation 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 authorize the 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 30 SOCIAL WELFARE LAWS commit the child to any institution that may care for children within or without the county, incorporated or otherwise,/ or 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, p. 39; Acts 1916, p. 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, p. 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 chambers, or in such other room or apartment as shall be provided for such cases./ Acts 1915, p. 39. Sec. 900 (I). 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 such adjudication be denominated a conviction./ Acts 1915, p. 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, p. 40. Sec. 900 (n). Arrests Not Excluded; Transfer of Cases SOCIAL WELFARE LAWS 31 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 of 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 admit 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, p. 40. Sec. 900 (0). Transfer of Records; Hearing; Detention. All papers and processes 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 proceed 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 the juvenile court, if not released, he shall be detained subject to the order of the latter court./ Acts 1915, p. 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, p. 41. Sec. 900 (q). Appeal to Supreme Court; Supersedeas; Fast BjJl 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 changing 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 32 SOCIAL WELFARE LAWS 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 under this Article shall proceed by fast bill of exceptions as provided for in Section 6153 of the Civil Code./ Acts 1915, p. 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 such children separated entirely from any 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, p. 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 to be 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 SOCIAL WELFARE LAWS 33 such detention home is situated for the necessary teachers 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 where said child can come into contact at any time or in any manner with adults convicted or under arrest./ Acts 1915, p. 42. Sec. 900 (t). Cooperation of Municipalities and Societies. /The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, 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 of this Article. All institutions, associations or other custodial agencies in which any child may be, coming within the provisions 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./ Acts 1915, p. 42. 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, p. 43. Sec. 900 (v). Appointment of Probation and Other Offi. cers; 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 probation 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, p. 43. 34 SOCIAL WELFARE LAWS Sec. 900 (w). Volunteer Probation Officers. /In addition, the court may appoint volunteer probation officers to serve without compensation, subject to such regulations and direction as the court may deem proper./ Acts 1915, p. 43. Sec. 900 (x). Appointment of Probation Officers, HolW Made. / All appointments of probation officers paid out of the funds of the county shall be made on the basis of 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, p. 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, p. 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 the clerk of said' court to notify the probation officer in advance. It shall be the duty of the probation officer to make such investigation of the child as may be required by 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 officers 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 may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, said child shall always be subject to the friendly visitation of the probation officer or other agent of the court./ Acts 1915, p. 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 condi- SOCIAL WELFARE LAWS 35 tions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its juris.:. diction such oversight and control in the premises as will con~ duce to the welfare of said child and the best interests of the State. No ord~r changing the form of commitment or transfer of custody of a child to some other institution or agency shall be made except upon ten days' written notice to the guardian, institution or agency, to whose care such child has been committed, unless such guardian, institution, or agency consents thereto./ Acts 1915, p. 44. Sec. 900 (bb). Girls. / All girls embraced within the provisions of this Article who shall be committed to or released from any institution shall be taken to and from such institution by a woman, except when ordered otherwise by the judge/ Acts 1915, p. 45. Sec. 900 (cc). Referees; Reports as 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 com':' ing within the provisions of this Article and make report thereof together with said referee's conclusions and recommendations. If no exception be taken to said report and no review be asked thereof, such report and recommendations, if confirmed, shall become the 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, p. 45. Sec. 900 (dd). Salaries of Probation Officers. /The probation officer and the deputy probation officers shall receive such salaries as may be prescribed by the court./ Acts 1915, p.45. Sec. 900 (ee).Expenses of Care; Payment; Contempt. /Whenever 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 service 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 36 SOCIAL WELFARE LAWS the court shall be paid by the person or persons bound by 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 be payable by him or them. Willful failure to pay said sum 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 judgments of courts of records are enforced./ Acts 1915, p. 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 said expense in a suitable action from the person or persons liable for the furnishing of necessaries for said child./ Acts 1915, p. 46. Sec. 900 (gg). Changed Conditions; Restoration of Custody to Parents. /Whenever it shall appear to the court, in the case of 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 good 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./ Acts 1915, p. 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, p. 46. Sec. 900 (ii) Guardian of Properly; Custody 'and Direction of Child. /Whenever, in the course of a proceeding instituted under this Article, it shall appear to the said court that the welfare ot said child will be promoted by the appoint- ment of an individual as general guardian of his property, and of his person, when such child is not committed to any in- SOCIAL WELFARE LAWS 37 stitution 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, tuition and direction of said child./ Acts 1915, p. 46. Sec. 900 (jj). Civil Liability of Child. /1 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, p. 47. Sec. 900 (kk). Neglect By Parent, Etc.; Hearing; Punishment; Juries; Continuance; Bond. /Whenever, in the course of any proceedings instituted under this Article, it shall appear to the said court that a parent, guardian, or person having the custody, control 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 person, as the case may be, to be brought before it, upon either a summons or a warrant for such order in the p,remises as the court may see fit to make. The court shall have full power to hear and determine said matter against such parent, guardian, or other person, in the manner provided by law, for the trial of misdemeanors, and upon conviction 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 also, that whenever the facts constituting an adult's contributing to the delinquency or neglect of a child under this article also constitute a crime as now 38 SOCIAL WELFARE LAWS is, or hereafter shall be, defined among the crimes against the State of Georgia the juvenile court shall have merely the power to commit such case before the proper criminal court; provided, also, that facts proved against a child in establishing the child's delinquency such 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 accessories, 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 probation. 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 court./ Acts 1915, p. 47. Sec. 900 (II). Advisory Board, Appointment, Duties. /T'he judge may appoint a board of not less thl:!-n six, nor more than ten, reputable inhabitants of which oM-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 of this board shall hold office during the pleasure of the court. The duties of said board shall be as follows: 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 measures for the purpose of carrying out the provisions of this Article./ Acts 1915, p. 48. Sec. 900 (mm). Rules and Forms of Procedure. /The court shall have the power to devise and publish rules and regulate the procedure for cases coming within the provisions 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 there- SOCIAL WELFARE LAWS 39 in. The court may devise and cause to be printed for public use such forms for records and for various petitions, orders, processes and other papers and reports connected with cases coming within the provisions of this Article. All expenses incurred by the court in complying with the provisions of this Article shall be paid out of county funds.j Acts 1915, p. 48. Sec. 900 (nn). Repugnant Laws. jAll provisions of laws inconsistent with or repugnant to this Article shall be considered inapplicable to the cases arising under this Article.j Acts 1915, p. 49. Sec. 900 (00). Judge in Certain Counties; Appointmentt Termt SalarYt Powers. jIn all counties having a population of less than sixty thousand (60,000), the judge of the superior court shall designate an existing court of record to act and to be known as the juvenile court of said county. This shall involve no additional expense, shall create no new court or judge, but shall merely clothe an existing tribunal with additional powers. [In case of Wages vs. Morgan, 174 Georgia, page 158, it was held that in a county having a population of less than 60,000, that commitment of a child to the Georgia Training School by a county ordinary acting as juvenile court judge by designation of the judge of the superior court was invalid because a court thus created was in violation of Paragraph 1, Section 9, of Article 6 of the Constitution of this State, which provides that, "The jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers, except city courts, of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment, and decrees by such courts, severally shall be uniform. This uniformity must be established by the General Assembly." The above ruling of the supreme court abolished those juvenile courts in counties under 60,000 population where ordinaries were serving as judges, but according to a ruling of the Attorney General, January 29, 1934, city court judges appointed as juvenile court judges by the superior court judge in counties under 60,000 population were not affected by the supreme court ruling. Finding the courts of ordinary serving as juvenile courts unconstitutional does not affect that part of the 1916 law per- 40 SOCIAL WELFARE LAWS mitting special juvenile courts being established in counties having a population between 35,000 and 60,000 upon the concurrent recommendation of two successive grand juries.] (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 fitness for work 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 the superior court at which a gran,d jury is empaneled and sworn, after the 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 Article 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 place of imprisonment where adults are imprisoned, except on order of the judge or probation officer. It is the purpose of this amendment to make state-wide the benefits of the juvenile SOCIAL WELFARE LAWS 41 court, and the provisions hereof shall be construed beneficially towards that end./ Acts 1916, p. 60. Sec. 900 (pp). Judge Pro Tempore. /In the event of 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./ Acts 1916, p. 61. Sec. 900 (qq). Certiorari. /The writ of certiorari to the superior courts shall be to all final judgments of the juvenile-courts 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. CHAPTER VI SUMMARIES OF LAWS REGARDING STATE INSTITUTIONS 1. Georgia Training School for Boys-Milledgeville All male persons (white or colored) of the age of sixteen years or under, duly convicted of crime, not punishable by death or imprisonment for life, may be committed. (Sec. 1238). Commitments are indeterminate, but no commitment shall extend beyond the time when the person has reached twenty-one years of age. Incorrigible boys may be committed. (Sec. 1239). The inmates of the institution shall be employed in agricultural, domestic and mechanical work, and shall be given a reasonable amount of instruction in the elementary branches of an English education. (Sec. 1243). The governing board (now Board of Control) has power to make rules regulating discipline and policies of parole. (Sec. 1244, 1245) . 2. Georgia Training School for Girls-Atlanta The judges of the juvenile and superior courts may in their discretion commit to the Georgia Training School for Girls any girl under eighteen years of age, who has committed any offense against the laws of this State not punishable by death or life imprisonment, or who habitually associates with vicious or immoral people, or who is incorrigible to such an extent that she can not be controlled by parents or guardians, there to be held until such girl reaches the age of twenty-one, unless sooner discharged, bound out, or paroled under the rules and regulations of the said board of managers. No girl who is insane or an idiot or afflicted with an incurable disease shall be committed. Judges of the juvenile or superior courts may hear and determine such cases presiding in court or in chambers, but any girl may demand jury trial. (Sec. 1259). The Georgia Training School for Girls is under the jurisdiction of the Board of Control. 3. Georgia Training School for Mental DefectivesGracewood Any person with mental defectiveness from birth or from an early age, or those who become mentally defective from injury or disease so pronounced that he or she is unable to SOCIAL WELFARE LAWS 43 care for himself and manage his affairs with ordinary prudence, and that he constitutes a menace to the happiness of himself or of others in the community, and therefore requires care, supervision and control, either for his own protection or for the protection of others, and yet who is not insane or of unsound mind, may be committed. Preference in admission shall be given to children and women of child-bearing age. (Sec. 1614, 1922 Sup.). Acts 1919, p. 377. There are two methods of admission: (a) The father, mother or guardian of any mentally defective person, or any health officer or school official of the county in which said mentally defective person shall live, may apply to the superintendent of the Georgia Training School for Mental Defectives, supplying such data as the superintendent may require. (b) The court of ordinary shall have jurisdiction in all cases of legal inquiry in regard to mental defectives, and application for commitment of persons to the institution shall be filed with the ordinary of the county in which the person lives. Any relative may make application through the ordinary, but if the mentally defective person is allowed to go at large or refuse to have the person committed to the Training School for Mental Defectives or a priv:ate institution, any reputable citizen may apply for admission through the ordinary. (c) The relative, guardian or friend of any inmate of any State-institution shall have the right and power to appeal to the court placing the person in the institution for an order directing an examination to determine whether the person is a mental defective, and if the person is found to be mentally defective, he may be committed to the Georgia Training School for Mental Defectives. (Sec. 1614, 1922 Sup.). The superintendent of the institution has the authority to parole or discharge persons under such rules as may be made by the State Board of Health (now State Board of Control). (Sec. 1614, 1922 Sup.). 4. Academy For the Blind-Macon All indigent blind persons between the ages of seven and twenty-five, who shall have given satisfactory evidence of 44 SOCIAL WELFARE LAWS having been a resident of the State for at least two years, may be admitted in accordance with rules laid down by the Board of Control of Eleemosynary Institutions. (Sec. 1404). When there are more applicants than can be accommodated, they shall be apportioned among the several counties, according to representative population. (Sec. 1405). A person may not remain as a charge of the institution more than four years. (Sec. 1406). The superintendent of the Academy for the Blind recommends that this law be changed to permit the entrance of children between the ages of 7 and 21 years, with no pupil allowed to remain after age 21 years is reached, except by special recommendation of superintendent, approved by the Board. All pupils so desiring may finish the full course pn~ vided by the school. 5. Georgia School for the Deaf-Cave Spring All persons in the State between the ages of seven and twenty-five years, who are too deaf to be educated in the common schools, and who are otherwise in a condition mentally and physically to receive instruction profitably, and free from any immoral conduct or contagious disease, shall be entitled to admission, free of cost, to remain as long as the rules of the Board of Control may permit, provided no pupil shall be allowed to remain more than twelve terms. (Sec. 1426). Dependent pupils will be furnished with clothing. (Sec. 1427). In cases of extreme destitution railroad fare to and from the institution will be provided. (Sec. 1428). Day scholars are permitted. (Sec. 1429). Acts 1896, p. 83. 6. Milledgeville State Hospital For the Insane If a person is committed to the sanitarium he must belong to the class of lunatics, idiots, epileptics or demented inebriates, provided however that no paralytics, epileptics, imbeciles, idiots, drug or alcoholic addicts, or persons suffering from tubercular, venereal, or other contagious diseases, who are harmless and inoffensive in spirit, and who, if unconfined, would reasonably involve no danger to the life or limb of those with whom they would be associated, shall be commit- SOCIAL WELFARE LAWS 45 ted or admitted to the sanitarium; in other words, only the insane and other dangerous types may be admitted. When a person has become insane any person may file a petition, on oath, with the ordinary, setting forth that a guardian should be appointed. (Sec. 3092). If the person is violent or dangerous the ordinary may issue a criminal warrant and have the sheriff confine him in the county jail. (Sec. 3101). The ordinary must then appoint a lunacy commission, consisting of two practicing physicians resident in the county, and the county attorney or solicitor of the city court, or if there is no county attorney or solicitor, the solicitor general of the circuit or some attorney in the county appointed by him. This commission shall examine the person and witnesses and return their opinion on oath to the ordinary. (Sec. 3092). If the person is pronounced insane or dangerous by the lunacy commission, and is a resident citizen of Georgia, the superintendent of the sanitarium should be notified, and upon receiving notice that there is room for a patient, he would be conducted to the sanitarium at Milledgeville by the sheriff. (Sec. P. 1134). However, the county shall collect the expense of the entire proceeding out of the estate of the insane person, if he has such an estate. (Sec. 3101-3102). Persons not resident citizens of Georgia should be returned to their home state. (Sec. 1576). The law is vague with reference to payment for board and keep at the sanitarium. (Sec. 1576). It states that care is free to paupers, who shall receive the same care as given to any other patients; that all other resident citizens of this state whose estate does not exceed the sum of three thousand dollars or sufficient to provide for them, may be admitted upon payment of such reasonable sum for board and keep as may be prescribed by the Board of Control. The law does not say anything about those whose estate is in excess of $3,000.00 or sufficient to provide for them. 7. Georgia Tuberculosis Sanatorium-Alto The terms and conditions under which patients are to be accepted, as well as the direction, custody, discipline and control of such patients shall at all times be subject to such reasonable rules, regulations and control as may be prescribed by 46 SOCIAL WELFARE LAWS the State Board of Health. (Now Board of Control) .. (Sec. 1623.). Acts 1922, p. 185. 8. Confederate Soldiers' Home-Atlanta Ex-confederate soldiers who are residents of the State of Georgia, and have resided in the State of Georgia for one year prior to the application to admission to the Home, and were honorably discharged from the confederate service, and who are unable by ag~, infirmity, or poverty to maintain themselves, may be admitted to the said Home, and receive the benefits, under the regulations prescribed by the board of trustees (now Board of Control) as hereinbefore provided, and shall be furnished with clothing, lodging, medicine, and medical attention, and shall perform such duties as may be prescribed by the superintendent, with the sanction of the trustees (now Board of Control) and in case of death, shall have a decent burial. Sec. 1516 (c), Acts 1920, p. 123. CHAPTER VII. GUARDIANS AND WARDS Sec. 3031. Kinds of Guardians. Guardians of minors may be either-I. Natural guardians. 2. Testamentary guardians. 3. Guardians of person and property, or either. Sec. 3032. Natural Guardian. The father, if alive, is the natural guardian; if dead, the mother is the natural guardian. The natural guardian can not demand or receive the property of a child until a guardian's bond is filed and accepted by the ordinary of the county. If such natural guardian fail or refuse to give bond and surety, the ordinary may appoint another guardian to receive such property. Acts 1823-Cobb 322; Acts 1845-Cobb 335; Acts 1851-2, p. 101. Sec. 3033. Testamentary Guardian. Every father may, by will, appoint guardians for the persons or property, or both, of his children, and such guardians shall not be required to give bond and security, except in case of waste committed or apprehended, or property coming to the ward from sources other than the father's will, when the ordinary shall require the same. If a testamentary guardian fails to give bond as required, the ordinary may dismiss him as guardian and appoint another, or may appoint another guardian for the property thus accruing. In all other respects a testamentary guardian shall stand on the same footing with other guardians appointed by the ordinary. Acts 1851-2, p. 101. Sec. 3034. Appointed By Widows. The mother, if a widow, shall have the power by will to appoint testamentary guardians for such children as have none, as to their persons, and as to such property as they may inherit from her. Act..c; 1845-Cobb 335. Sec. 3035. General Guardian. The ordinary of the county or the domicile of a minor having no guardian shall have the power of appointing a guardian of the person and property, -or either, of such child. If the ward shall be above the age of fourteen years before a guardian is appointed, he shall have the privilege of selecting a guardian, and if such selection be judicious the ordinary shall appoint him. The ward having once exercised this privilege can not do so again, except upon cause shown for the removal of the first selection. Acts 1839 -Cobb 286; Acts 1850-Cobb 333. 48 SOCIAL WELFARE LAWS Sec. 3036. Of Property of Non-Resident Ward. If a minor is non-resident; but has property in this State, the ordinary of the county where the property is may appoint a guardian, who shall have control only over such property. Sec. 3061. Binding Out Indigent Orphans. If the annual profits of the estate of any orphan, with or without a guardian, are not sufficient for his education and maintenance, and the ordinary shall not allow the corpus of the estate to be used for such education and maintenance, it shall be the duty of the ordinary forthwith to bind out such orphan for the whole or such part of the time of his minority as to him shall seem best, and on such conditions as will most promote the interest of such orphan, in all cases requiring that such orphan shall be allowed to attend the nearest school, where education is free to him, at least three months in the year. Acts 1799-Cobb 313; Acts 1865-6, p. 28. Sec. 3062. III Treatment. It shall be the duty of the ordinary and of the guardian of such orphan to be informed as to his treatment, and on complaint of ill usage, or any condition broken, the ordinary shall bind such orphan to some other person. Acts 1799-Cobb 313. Sec. 3045. Guardian of Bastard. The ordinary may appoint a guardian for the person and property for an illegitimate child in all cases where he may deem it necessary. Sec. 3037. Appointment of Collaterals. Among collaterals applying for the guardianship, the nearest of kin by blood, if otherwise unobjectionable, shall be preferred. The ordinary, however, in every case may exercise his discretion according to the circumstances, and, if necessary, grant the letters to a stranger in blood. Acts 1828-Cobb 327; Acts 1845 -Cobb 335; Acts 1876, p. 19; Acts 1922, p. 46. Sec. 3124. Ordinary May Bind Out In Certain Cases. It shall be the duty of the judge of the county court, or the ordinary, to bind out in like manner all minors whose parents are dead, or whose parents reside out of the county, the profits of whose estate are insufficient for their support and maintenance; also, all minors whose parents, from age, or infirmity, or poverty, are unable to support them: Provided, before the judge of the county court or ordinary shall bind out any such minor, such judge or ordinary shall give fifteen SOCIAL WELFARE LAWS 49 days notice, by a plainly written citation, calling upon all persons interested, to show cause why such minor should not be bound out, and specifying the time and place when he will pass upon the same; one of which citations shall be posted on the courtliouse door of the county, and the other at some public place in the militia district in which said minor may then be, and shall also cause copies of said citation to be served upon the next of kin of said minor, if any be found in said county, at least ten days before the hearing, and if no next of kin are found in the county, then the citation to be published once a week, for four weeks, in the paper in which the legal advertisements are published; and in all such cases the judge or ordinary shall appoint for such minor a guardian ad litem before binding him or her out, which guardian ad litem shall not be the applicant nor any relation of his. After a full hearing such judge or ordinary may bind out such minor or minors, if no blood kin of said minor or minors who are willing and competent to undertake their support and maintenance appear, and if no other good cause to the contrary be shown by such guardian ad litem, or any other person. Acts 1865-6, pp.6, 8. 1875, p. 19. P. C. Sec. 1307. How Wife or Child May Be Disposed Of. In all writs of habeas corpus sued out on account of the detention of a wife or child, the court, on hearing all the facts, may exercise its discretion as to whom the custody of such wife or child shall be given, and shall have power to give such custody of a child to a third person. Cobb 335. (See also Civil Code section 2972.) CHAPTER VIII. PARENTS AND CHILDREN Sec. 3019. Age of Majority. The age of legal majority in this State is twenty-one years; until that age all persons are minors. 'Sec. 3020. Parent's Obligation. Until majority, it is the duty of the father to provide for the maintenance, protection, and education of his child. Sec. 3021. Parental Power, How Lost. Until majority, the child remains under the control of the father, who is entitled to his services and the proceeds of his labor. This parental power is lost- 1. By voluntary contract, releasing the right to a third person. 2. By consenting to the adoption of the child by a third person. 3. By the failure of the father to provide necessaries for his child or his abandonment of his family. 4. -By his consent to the child receiving the proceeds of his own labor, which consent shall be revocable at any time. 5. By consent to the marriage of the child, who thus assumes inconsistent responsibilities. 6. By cruel treatment of the child. Sec. 3022. Mother's Rights. Upon the death of the father, 'the mother is entitled to the possession of the child until his arrival at such age that his education requires the guardian to take possession of him. In cases of separation of the parents, or the subsequent marriage of the survivor, the court, upon writ of habeas corpus, may exercise a discretion as to the possession of the child, looking solely to his interest and welfare. Sec. 3022. (a). Custody of Minor Children. In all cases where the custody of any minor child or children is involved between the parents, there shall be no prima facie right to the custody of such child or children in the father, out the court hearing such issue of custody may exercise its sound discretion, taking into consideration all the circumstances of the SOCIAL WELFARE LAWS 51 case, as to whose custody such child or children shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote their welfare and happiness, and make award accordingly. Acts 1913, p. 110. Sec.3023. Cruel Treatment By Parents. Any person may apply to the ordinary of the county, alleging the cruel treatment of a child by his father, who shall cite the father to answer the allegation; and such ordinary may at any time hear evidence, and, in his discretion, appoint a guardian of the person of such child, who shall be entitled to the possession of him. Sec. 3024. Children, How Protected. Whenever any child under the age of twelve years shall be brought before the ordinary of the county of such child's residence, upon the sworn allegation of any citizen that such child was found under circumstances of destitution and suffering, or abandonment, exposure, or of begging, or that such child is being reared up under immoral, obscene, or indecent influences likely to degrade its moral character and devote it to a vicious life, and it shall appear to such ordinary by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd, or other vicious habits of the parents or guardians of such child, it is necessary to the protection of such child from suffering, or from degradation, that such parents or guardians shall be deprived of the custody of such child, such ordinary may commit such child to any orphan asylum or other charitable institution established according to law in this State which is willing to receive such child, or appoint a proper guardian therefor, or make such other disposition of them as now is, or may hereafter be, provided by law in cases of disorderly, pauper, or destitutQ children. Acts 1878-9, p. 162. Abandonment of Child P. C. Sec. 116. Abandonment of Child. If any father willfully and voluntarily abandons his child, leaving it in a dependent condition, he shall be guilty of a misdemeanor. The wife shall be a competent witness, in such cases, to testify 52 SOCIAL WELFARE LAWS for or against her husband. A child thus abandoned by the father shall be considered to be in a dependent condition when the father does not furnish sufficient food and clothing for the needs of the child. Acts 1907, p. 57. CHAPTER IX. CHARITABLE INSTITUTIONS FOR CUSTODY OF CHILDREN Sec. 2845. Charitable Institution, Ho,w Incorporated. Any three or more persons desiring a charter for any benevolent institution shall file, in the office of the clerk of the superior court of the county in which they desire to transact business, a petition or declaration specifying the objects of their association, together with their corporate name, and the time (not exceeding fifty years) for which they desire to be incorporated; which petition shall be recorded by said clerk, and shall also be published once a week for four weeks in the nearest public gazette to the point where such institution is to be located, before said court shall pass an order declaring said application to be granted. Sec. 2846. May Hold Real Estate and Receive Gifts. Said corporation shall have power to purchase and hold real estate sufficient for the actual occupation and necessary uses of the society or institution, and may receive, by gift or devise, property of any kind on the terms contained in the gift or devise. Sec. 2847. Government of Such Institutions. The directors or board of managers of such institution shall have power to make by-laws and regulations for the government of the institution, and may control the children under their care, and prescribe their course of instruction and management to the same extent and with the same rights as in the case of natural guardians. 'Sec. 2849. Abandoned Children, How Committed to Such Institutions. In case of the death or legal incapacity of a, father, or of his imprisonment for crime, or of his abandoning and neglecting to provide for his family, the mother shall be deemed the guardian of her children for the purpose of making such surrender as aforesaid, and if in any such case the mother be either dead, or legally incapable of acting, or imprisoned for crime, or an inmate of a house of ill fame, or shall have abandoned or neglected to provide for her child or children, the ordinary of the county in which such institution is established shall be, by virtue of his office, the legal guardian for the like purpose; and in all cases where said child has been abandoned by the person legally entitled to its custody, the 54 SOCIAL WELFARE LAWS said ordinary shall be ex-officio such guardian for the same purpose, and in either case, whether such surrender be made by the mother or by the ordinary, and whether before or after admission into said institution, it shall be deemed a legal surrender for the purposes and within the true intent and meaning of this Article. Sec. 2850. Destitute Children, How Committed. Whenever any girl under the age of fourteen, or any boy under the age orten years, shall be found, by any policeman or other officer of the county in which any such institution devoted to the relief or care of children is located, in any street, highway, or public place in said county, or any city therein, in circumstances of destitution and suffering or abandonment, exposure, or neglect, or of beggary, or in any house of ill fame, it shall be the duty of any such policeman or other officer to bring such child before the mayor, recorder, or other judicial officer in said county, or any city therein, for examination as to the cause of such suffering, exposure, or neglect; whenever any such child is so brought before the mayor, recorder, or other magistrate, and it shall be proved to the satisfaction of such mayor or other judicial officer, by competent testimony, that, by reason of the neglect, habitual drunkenness, or other vicious habits of the parents or lawful guardians, or the person having the custody of such child, it is a proper object for the care and instruction of such institution located in such county, such mayor, recorder, or other magistrate, instead of committing such child to the almshouse, or such other place, if any, as may have been provided by the city or county authorities of such county, may, in his discretion, by warrant in writing under his hand, commit such child to such institution, to be and remain under the guardianship of its managers until therefrom discharged in the manner prescribed by law. (Not applicable in counties where juvenile courts have been established.) Sec. 2851- Commitment, How Executed. Any order so made by any such mayor, recorder, or magistrate may be executed by any policeman or constable to whom it shall be delivered by the official issuing it, by conveying the child therein named to such institution, and such child shall be detained in said institution until discharged or removed therefrom in the manner hereinafter provided. (Not applicable in counties where juvenile courts have been established.) SOCIAL WELFARE LAWS 55 Sec. 2852. Notice of Commitment. Immediately upon the making of any such order, the officer making the same shall deliver to the policeman or constable a notice in writing addressed to the father of such child, if its father be living and resident within the county, and if not, then to its mother if she be living and so resident, and if there be no father or mother of such child, then addressed to the lawful guardian of such child, if any, or to the person with whom, according to the examination of the child and the testimony" if any, received by the mayor, recorder, or magistrate, such child may reside; in which notice the party to whom the same is addressed shall be informed of the commitment of such child to said institution, and shall be notified that, unless taken therefrom in the manner prescribed by law within ten days after the service of such notice, the child therein named shall be deemed legally surrendered to the institution for the purposes and within the true intent and meaning of this Article. Sec. 2853. Service of Notice. Such notice shall be served by the officer to whom it shall be delivered, by delivering the same to the party to whom it shall have been addressed, personally, or by leaving it with some person of sufficient age, at the place of residence or business of such party, and it shall be the duty of such officer immediately to report the fact and the time and manner of such service to the officer issuing the notice. Sec. 2854. Parent or Guardian May Recover Custody of Child. If the party to whom such notice shall have been addressed or any other person shall, within the time specified therein, prove to the satisfaction of the officer issuing the same that the circumstances of want and suffering, or other circumstances under which the child shall have been found, have not been occasioned by the habitual neglect or misconduct of the parents or legal guardian of such child, then it shall be the duty of such magistrate, by order in writing addressed to the directors or managers of said institution, to direct such managers to deliver such child to the custody of the party named in such order, who shall thereuptm be entitled to take such child away from the said institution. Sec. 2855. Officer's Duty. If such proof shall not be produced within the time above described, it shall be the duty of the officer by whom such child shall have been committed to 56 SOCIAL WELFARE LAWS said institution, to make and transmit to the directors or managers thereof a notice in writing to that effect. Sec. 2856. Second Commitment Final. If any child who has been previously arrested and delivered to the parent or guardian, as hereinbefore provided, shall again be found in either of the conditions hereinbefore described, the officer before whom such child is brought, upon proof thereof, may afterwards make a final order committing such child to the care and instruction of the institution, without giving the notice hereinbefore provided for. Sec. 2857. Managers of Such Institution May Surrender Custody of Children to Parents or Guardians. If, at any time after the child shall have been committed as above provided, it shall be made to appear to the satisfaction of the directors or board of managers that such child was on insufficient cause, false or deficient testimony, or otherwise wrongfully or improvidently so committed, the directors or board of managers shall, on the application of the parents, guardian, or protector, and also, if, after a child shall have been properly committed to said institution, any circumstances should occur which, in the judgment of the directors or board of managers, would render expedient and proper the discharge of such child from the guardianship of said. board, having due regard for the welfare of such child and the purposes of the institution, the directors or board of managers, on the application of the parents, guardian, or protector of such child, may, in their discretion, deliver up the child to its parents, guardian, or protector, on such reasonable condition as the sa{d directors or board of managers may deem right and proper: Provided, the consent of the ordinary shall be first obtained. Sec. 2858. Debased Children May Be Restored to Committing Officer. The directors or board of managers shall have power, and it shall be their duty, whenever any child entrusted or committed to their charge shall, by the commission of any infamous crime, or by confirmed habits of vagrancy, have become so degraded and debased as to be an improper subject for their care and management, to return such child to the committing officer or other proper authority, to be disposed of in due course of law. Sec. 2859. Indentures, How Revoked. If any party to SOCIAL WELFARE LAWS 57 whom the directors or board of managers of said institution shall have entrusted a child shall be guilty of any cruelty, misuse, and refusal or neglect to furnish the necessary provisions or clothing, or of any other violation of the terms of indenture or contract, to any such child so indentured, such child, or any reliable person, may make complaint thereof to any justice of the peace of the county in which such child is so indentured, or to the mayor, recorder, or other judicial officer in any city in the county in which such child is bound to service; and it shall be the duty of such officer to summon the parties before him and examine into, hear, and determine the said complaint, and if, upon such examination, the said complaint shall appear well founded, such officer shall, by certificate under his hand, discharge such child from his obligation of service and restore him or her to the charge and management of such institution in the same manner and with like powers as before the indenture of such child. Sec. 2860. Guardians of Children Indentured. The directors or board of managers of such institution shall be the guardian of every child indentured by virtue and in pursuance of the provisions of this Article, to the extent that they shall take care that the terms in the contract be faithfully fulfilled, and that such ward be properly treated; and it is made their special duty to inquire into the treatment of every such child and redress any grievance in the manner prescribed by law; and it shall be the duty of the person to whom any such child shall be indentured, and he shall by the terms of the indenture be required, as often as once in six months, to report to said directors or board of managers the conduct and behavior of said apprentice and anything of special interest pertaining to his welfare. Acts 1894. Sec. 2861. Extended to Institutions Heretofore Incorpor~ ated. The provisions of the preceding paragraph of this Section shall apply to orphans' homes and charitable or benevolent institutions incorporated under the laws of this State prior to December 18th, 1894, in addition to the rights, powers, ana privileges already vested in said institutions. Acts 1894. P. C. Sec. 845 (a). Grand Jury Committee .to Visit and In~ spect Certain Private Institutions. In addition to the statutory duties of the grand juries in the respective counties of the 58 SOCIAL WELFARE LAWS State, said grand jury shall at each regular term of the courts in their respective counties, appoint a committee of not less than five members from the grand jury, whose duty it shall be, as soon as practicable after they are named on said committee, to visit, inspect, and carefully inquire into every private sanitarium, hospital, asylum, House of the Good Shepherd, convent, and monastery for the purpose of ascertaining what persons are confined within said institutions, and by what authority such persons are held within the same. Acts 1916, p. 126. P. C. Sec. 845 (h). Penalty For Refusing Admittance. Any superior officer of any corporation, lay or eleemosynary, or any proprietor, or the manager of such institutions as are named in the statute for inspection, to-wit: orphanages, hospitals, sanitariums, sanatoriums, houses of Good Shepherd, houses of correction, reformatories, penitentiaries, convents, monasteries, schools and colleges, who shall by private or public utterances defy the State's authority and instruct the persons in immediate charge of said institutions, or any one or more of them, to refuse the grand jury or its committee, or to the sheriff or to his deputies, admittance to said institution, when demanded in the discharge of their legal duty, shall be guilty of a misdemeanor and on conviction shall be punished as for a misdemeanor. Acts 1918, p. 166. Georgia Industrial Home Sec. 2862. Courts to Commit Certain Classes of Children. Any judge of the superior court, or of the court of ordinary, or any other court of record in this State shall have authority, upon presentation before him of the facts hereinafter recited, to commit to the Georgia Industrial Home, or any other similar undenominational institution in this State that may be ready and willing to receive them, any of the following classes of children who may be brought before him: 1. All children over four and under fourteen years of age who may be found roaming the streets of any city or town or the public highways of this State, begging, or who may' be homeless and without parental care. 2. All children between the ages of four and fourteen who may be found in the hands of profligate, immoral, or destitute parents, or other persons, neglected or in want and SOCIAL WELFARE LAWS 59 likely to grow up and suffer, and by reason of such suffering and neglect liable to become paupers or criminals. 3. All children between the ages of four and fourteen who may be confined in the poorhouses or pauper-farms of this State. 4. All children between the ages of four and fourteen who may be found in any house of ill fame or in the hands of persons or parents who are living lives of shame. 5. All children between the ages of four and fourteen whose parents have been convicted of crime and sentenced to the penitentiary or any chain-gang in this State, or who may be confined in any common jail under sentence of the law in this State. Acts 1904, p. 93. Sec. 2863. Duty of Officers and Others to Report Children to Judge. It shall be the duty of any arresting officer in this State, or any citizen of the commonwealth, who may know of such child or children embraced in the class or classes described in the preceding section, to make the facts known to any judge of the superior court or court of record in this State by a written affidavit; whereupon such judge shall order the child or children brought before him and shall ca,refully examine into the facts, and also examine said child or children, and should, in his judgment, the child or children, under the facts, come within the class or classes of children named in the preceding section, then, in that case, he may in his discretion order such child or children committed to the Georgia Industrial Home, or some other similar undenominational institution in this State willing and ready to receive them, until such child or children shall have attained the age of sixteen years: Provided, however, that any child so committed to such institution may be withdrawn from the same upon the application for or in behalf of such child, made to the ordinary of the county from which the child is committed, upon sufficient reason therefor shown as for the best interests of said child, in the discretion of said ordinary. Acts 1904, p. 93. Sec. 2864. Maintenance Fund. The proper authorities of the county from which such child or children is committed may payout of the pauper or educational funds of such county, to the proper authorities of said institution to which said child or children is committed a maintenance fund such as 60 SOCIAL WELFARE LAWS may be agreed on by said county authorities and the authorities of said institution, not to exceed the sum of $50.00 per annum for each child so committed, as long as such child is an inmate of such institution, and the proper officers of such institution shall have the right to make claim upon the county from which such child be committed for such agreed amount per annum for each child so committed. Acts 1904, p. 93. Sec. 2865. Committee From the General Assembly to Visit Institution. The president of the Senate and speaker of the House of Representatives of this State shall annually appoint from the members of the General ASl'lembly of this State a ,,~ special committee of nine, six from the House and three from the Senate, whose duty it shall be to visit the Georgia Indus- trial Home, and such other institutions as shall have inmates committed to them under this law, and look into the conduct and management of such institutions. The officers of each and all such institutions shall make a report to the General Assem- bly, through the committee, of the number and names of the inmates from each county under this law, together with date of entrance, and as to the general work of the institution. And such committee so appointed shall visit said institution with- out notice, inspect same, and render a report to the General Assembly of this State as to the condition of each and every institution so visited, together with such comments upon the work being done as they may see fit and proper. Acts 1904, p. 93. P. C. Sec. 112. Enticing Children From Industrial Home. Any person who shall decoy, entice, or cause an inmate of the Georgia Industrial Home, or any other child-saving institution of this State, to abscond or leave without permission the custody and care of such institution shall be guilty of a misdemeanor. Acts 1904, p. 93. P. C. Sec. 113. Harboring Absconding Child. Any person who shall harbor, entertain, and encourage any child who has absconded or run away from the Georgia Industrial Home, or any other child-saving institution in this State, knowing such child to be an inmate of such institution, shall be guilty of a misdemeanor. Acts 1904, p. 93. CHAPTER X. BASTARDY P. C. Sec. 1330. Proceedings Against the Mother. Any justice who knows, of his knowledge, or has information on oath to that effect, of any woman having a bastard child, or being pregnant with one, which it is probable will become chargeable to the county, may issue a warrant directed to the sheriff or any constable of the county where the case may arise, requiring the offender to be brought before him to give security to the ordinary of the county, in the sum of seven hundred and fifty dollars, for the supp<>rt and education of the child until it arrives at the age of fourteen years, or discover on oath the father of the child. Cobb 148. P. C. Sec. 1331. Against the Father. When the woman is brought before the justice, if she discovers on oath the father of the child, the justice shall issue a warrant, directed as before, requiring that the person thus sworn to be the father of the child so born, or to be born, shall be brought before him, which warrant said officers shall execute. Cobb 148. P. C. Sec. 1332. Father Required to Give Bond. When the putative father is brought before the justice, he may be required to give security for the maintenance and education of the child until it arrives at the age of fourteen years, and also the expense of lying-in with such child, boarding, nursing, and maintenance, while the mother is confined by reason thereof; and if the putative father shall fail to give such security, the justice shall bind him over in a sufficient recognizance to appear before the next superior or county court of the county to answer such complaint as may then and there be alleged against him touching the premises, and the solicitor-general shall prefer and lay before the grand jury the proper indictment. Cobb 148. P. C. 'Sec. 1333. Proceedings When the Woman Refuses to Disclose the Father. When the woman is brought before the justice, if she refuses to discover on oath the father of the child, or give security to appear before the next superior or county court for the county and to give such security as may be then and there required of her by the court for the education and maintenance of the child as mentioned in the first section of this Article, the justice shall commit her, in manner 62 SOCIAL WELFARE LAWS and form aforesaid, as pointed out in this Article; and if she refuses to make known to said court the father of the child,. or give security as aforesaid, the court may imprison her not exceeding three months. Cobb 148. P. C. Sec. 1334. Either Party May Make Defense. Either party, when charged as mentioned in this Article, may offer exculpatory affidavits or testimony to the justice, who may exercise his discretion, after due inquiry being had, to discharge or recognize both or either of the parties, in conformity with this Article. Cobb 148. P. C. Sec. 1335. How and Where Bonds Are to Be Returned. The justice, before whom the bond shall be taken, shall return it to the ordinary of the county in which such female shall reside, within thirty days after the same is taken. Cobb 150. P. C. Sec. 1336. Action on Bond. It shall be the duty of the ordinary, when any child has or shall become chargeable to the county where a bond is taken to institute an action on it; and he shall recover the full amount of the bond, which judgment shall remain open, and be subject to be appropriated by the courts, from ,time to time, as the situation and exigencies of the bastard child may require. Cobb 149. P. C. Sec. 77. Advisers to Kill Infants. If any person shall counsel, advise, or direct a woman to kill the child with which she is pregnant, and after she is delivered of such child she shall kill it, every such person so advising or directing shall be deemed an accessory before the fact to such murder, and shall have the same punishment as the principal. Cobb 785. P. C. Sec. 78. Concealment of Child's Death. The constrained presumption arising from the concealment of the death of any child, that the child whose death is concealed was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted of the murder of her child, unless probable proof be given that the child was born alive, nor unless the circumstances attending it shall be such as shall satisfy the minds of the jury that the mother did willfully and maliciously destroy and take away the life of such child. Cobb 785. P. C. Sec. 79. Concealment of Death of Bastard Child. If any woman shall conceal or attempt to conceal the death of SOCIAL WELFARE LAWS 63 any issue of her body, which, if it were born alive, would be a bastard, so that it may not come to light whether it was murdered or not, she is guilty of a misdemeanor. Acts 1865-6, p. 233. P. C. Sec. 80. Foeticide, How Punished. The willful killing of an unborn child so far developed as to be ordinarily called "quick", by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be punished by death or imprisonment for life, as the jury trying the case may recommend. Acts 1876, p. 113. P. C. Sec. 81. Use of Medici~, Assault With Intent to Murder. Any person who shall administer to any woman, pregnant with a child, any medicine, drug, or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of child or mother be thereby produced, be guilty of an assault with intent to murder. Acts 1876, p. 113. P. C. Sec. 82. Abortion, Punishment of. Any person who shall willfully administer to any pregnant woman any medicine, drug, or substance, or anything whatever, or shall employ any instrument or means whatever, with intent thereby to produce the miscarriage or abortion of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall be guilty of a misdemeanor. Acts 1876, p. 113. CHAPTER XI. GENERAL LAWS FOR PROTECTION OF CHILDREN Compulsory School Attendance Sec. 1444 (a). Duty of Parent and Guardian. Enrollment and Attendance of Child. Excuses of Absences.- Every parent, guardian or other person having charge and control of a child between the ages of eight and fourteen years, who is not exempted or excused as hereinafter provided, shall cause the said child to be enrolled in and to attend continuously for six months of each year a public school of the district or of the city or town in which the child resides; which period of attendance shall commence at the beginning of the first term of said school in the year. Such attendance at a public school shall not be required where the child attends for the same period some other school giving instruction in the ordinary branches of English education, or has completed the seventh grade of school work as prescribed by the State board of education, or where, for good reasons, the sufficiency of which shall be determined by the board of education of the county or of the city or town in which the child resides, the said board excuses temporarily the child from such attendance, such boards being authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which children in farming districts shall be excused, provided, that no guardian shall be compelled to send such child or children to school out of any other than the funds belonging to the ward or wards. Temporary absence of any child enrolled as a pupil may be excused by the principal or teacher in charge of the school, because of bad weather, sickness, death in the child's family or other reasonable cause. Acts 1919, p. 358. Sec. 1444 (b). Penalty for Non-Compliance. Suspension or Punishment. Notice. Bond. Any parent, guardian or other person who has charge and control of a child between the ages aforesaid, and who willfully fails to comply with the foregoing requirements, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed ten dollars for the first offense, and not to exceed twenty dollars for each subsequent offense, said fines to include all costs; but the court trying the case may, in its discretion suspend enforcement of the punishment, if the child SOCIAL WELFARE LAWS 65 be immediately placed in attendance at a school as aforesaid, and may finally remit the same if such attendance has continued regularly for the number of months hereinbefore prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No p~rson shall be prosecuted for violation of the foregoing requirements unless the board of education of the county or municipality in which the person accused of such violation resides shall have caused to be served upon the accused, at least ten days before such prosecution, a written notice of the charge with the name of the child to which it refers. Any person so notified, not previously convicted of violation of this law as to the child referred to in said notice, may prevent prosecution on the charge set out therein, by giving, at any time before such prosecution is instituted, a bond in the penal sum of fifty dollars payable to the ordinary of the county, with security to be approved by the ordinary, conditioned that the said person shall thenceforth faithfully comply with the requirements of this section as to the said child. Each day's willful failure of a parent, guardian or other person in charge and control of a child as aforesaid, after the expiration of ten days from such notice, to cause the child to attend school, when such attendance is required by this Article, shall constitute a separate offense. In prosecutions under this Article the exemptions and excuses herein provided for shall be matters of defense to be established by the accused, and need not be negatived in the indictment or accusation. Acts 1919, p. 359. Sec. 1444 (c). Duties of Board of Education and Teachers. It shall be the duty of the county and municipal boards of education to investigate as to the attendance and non-attendance of children required by this Article to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this Article. It shall be the duty of the principal or teacher in charge of any public school, in which pupils between the ages of eight and fourteen years of age are instructed, to keep an accurate record of the attendance of such pupils, and at the end of each month to make a written report of the same to the board of education having supervision of the school, and to note therein excused absences and the reasons therefor. Acts 1919, p. 360. 66 SOCIAL WELFARE LAWS Sec. 1444 (d). Attendance Officer. Each county and municipal board of education shall employ an attendance officer whose duty it shall be to report to the board of education failure of attendance on the part of pupils between the ages of eight and fourteen years. For this service these officials shall be paid not less than one dollar nor more than three dollars per day during the time employed, and said payment shall be paid, so far as possible, from the fines collected. The balance due shall be paid from the school funds of the county or local system. Any board or local school system failing to comply with this law for attendance officer shall not be entitled to receive funds from the State treasury until it is shown that said attendance officer has been appointed and has entered upon his duties. Acts 1919, p. 360. Marriage Sec. 2931. Who is Able to Contract. To be able to contract marriage, a person must be of sound mind; if a male, at least seventeen years of age, and if a female, at least fourteen years, and laboring under neither of the following disabilities, viz.: 1. Previous marriage undissolved. 2. Nearness or relationship by blood or marriage, as hereinafter explained. 3. Impotency. Sec. 2932. Prohibited Degrees. Marriages between persons related by affinity in the following manner are prohibited, viz.: A man shall not marry his stepmother, or mothe,rer-in-Iaw, or daughter-in-law, or stepdaughter, or granddaughter of his wife. A woman shall not marry her corresponding relatives. Marriages within the degrees prohibited by this section are incestuous. Sec. 2933. Consent. To constitute an actual contract of marriage, the parties must be consenting thereto voluntarily, and without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent, shall be held a fraud. Sec. 2935. Void Marriages. Marriages of persons unable to contract, or unwilling to contract, or fraudulently induced SOCIAL WELFARE LAWS 67 to contract, are void. The issue of such marriages, before they are annulled and declared void by a competent court, are legitimate. In the latter two cases, however, a subsequent consent and rectification of the marriage, freely and voluntarily made, accompanied by cohabitation as husband and wife, shall render valid the marriage. Child Labor Sec. 3149 (1). Employment of Children under 14 in Mills, etc., Prohibited. No child under the age of fourteen years of age shall be employed by or be permitted to work in or about any mill, factory, laundry, manufacturing establishment, work shop. Provided that it shall not be construed that this act shall not affect domestic employment or agricultural pursuits. Sec. 3149 (2). Employment of Children Under 16 Between 7 P.M. and 6 A.M. Sec. 3149 (3). Employment of Children Under 16 in Certain Danger~us Occupations Specified. Sec. 3149 (4). Employment Certificate Issued by Superintendent of Schools. Revocation. Sec. 3149 (5). Enforcement by Commissioner of COIllmerce and Labor. Sec. 3149 (6). Employment of Minors as Messengers. P. C. Sec. 759 (1). Violation of Child Labor Law. Misdemeanor. P. C. Sec. 759 (2). Violation of Act Prohibiting Minors as Messengers. Acts 1925, p. 291. Improper Vocations and Cruelty to Children P. C. Sec. 756. Putting Children to Dangerous or Improper Vocations. Any person who shall sell, apprentice, give away, let out, or otherwise dispose of any child under twelve years, to any person, for the vocation, occupation or service of rope or wire walking, begging, or as a gymnast, contortionist, circus rider, acrobat, or clown, or for any indecent, obscene, or immoral exhibition, practice, or purpose, shall be guilty of a misdemeanor. Acts 1878-9, p. 162. 68 SOCIAL WELFARE LAWS P. C. Sec. 757. Receiving and Using Child. Whenever a child shall be disposed of in violation of the preceding section, the person who, under such selling, apprenticing, or letting out, shall receive and use such child for any of the purposes condemned in said section, shall be guilty of a misdemeanor. Acts 1878-9, p. 162. P. C. Sec. 758. Cruelty to Children. Whoever shall torture, torment, deprive of necessary sustenance, mutilate, cruelly, unreasonably, and maliciously beat or ill-treat any child, or cause any of said acts to be done, shall be guilty of a misdemeanor. Acts. 1878-9, p. 162. Responsibility for Crime Infants, Lunatics, Idiots, and Persons Counseling Them Sec. 33. Persons Who Are Considered of Sound Mind. A person shall be considered of sound mind who is neither an idiot, a lunatic, nor afflicted by insanity, or who has arrived at the age of four~een years, or before that age if such person know the distinction between good and evil. Sec. 34. Infant Under the Age of Ten Years. An infant under the age of ten years, whose tender age renders it improbable that he should be impressed with a proper sense of moral obligation, or be possessed of sufficient capacity deliberately to have committed the offense, shall not be considered or found guilty of any crime or misdemeanor. Sec. 35. Lunatics. A lunatic or person insane, without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he may be charged: Provided, the act so charged as criminal was committed in the condition of such lunacy or insanity; but if a lunatic has lucid intervals of understanding, he shall answer for what he does in those intervals as if he had no deficiency. Sec. 36. Idiots. An idiot shall not be found guilty or punished for any crime or misdemeanor with which he may be charged. Sec. 37. Their Counselors and Instigators. Any person counseling, advising, or encouraging an infant under the age of ten years, a lunatic, or an idiot to commit an offense, shall SOCIAL WELFARE LAWS 69 be prosecuted for such offense, when committed, as principal; and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic, or idiot, if he had possessed discretion and been found guilty. Cobb 779. CHAPTER XII DOMICILE AND RESIDENCE Sec. 2181. Domicile. The domicile of every person of full age, and laboring under no disability, is the place where the family of such person shall permanently reside, if in this State. If he has no family, or they do not reside in this State, then the place where such person shall generally lodge shall be considered his domicile. 'Sec. 2183. Feme Covert. The domicile of a married woman shall be that of her husband, except in two cases: 1. Of voluntary separation and living apart. 2. Of a pending application for divorce. In which case her domicile shall be determined as if she were a feme sole. Sec. 2184. Of Minor. The domicile of every minor shall be that of his father, if alive, unless such father has voluntarily relinquished his parental authority to some other person. In such event the domicile of the minor shall be that of his master, if an apprentice, or his employer; if neither master nor employer, then the place of his own choice; if the father be dead, then the domicile of the minor shall be that of his guardian, if he has one in this State; if no guardian, then of his mother, if alive; if no mother, then of his employer; if no employer, then of his own choice. The domicile of a bastard shall be that of his mother. Sec. 2185. Lunatics. Persons of full age, who for any cause are placed under the power of a guardian, have the same domicile with the guardian. Sec. 2186. Change of Domicile. The domicile of a person "sui juris," may be changed by an actual change of residence with the avowed intention of remaining. A declaration of an intention to change the domicile is ineffectual for that purpose until some act done in execution of the intention. Sec. 2187. Of Persons Not Sui Juris. A person whose domicile for any reason is dependent upon that of another can, by no act of volition of his, effect a change of his own domicile; nor can a guardian change the domicile of his ward by a change of his own or otherwise, so as to interfere with the rules of inheritance or succession, or otherwise affect the rights of inheritance of third persons. SOCIAL WELFARE LAWS 71 Sec. 34. Par. 3. Residence Necessary Bef.ore Voting. To entitle a. person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all poll taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes. Ga. Laws 1931, p. 102. Opinion of Legal Aid Society of Atlanta Concerning Domicile and Residence Definitions Domicile: Domicile is the habitation fixed in any place without any present intention of removing therefrom and, ordinarily, is purely a question of fact for a jury to pass upon. Residence: The term residence has been judicially defined as an abode or dwelling place and is distinguished from a mere temporary locality of existence. Farmer vs. Phillip, 127 Ga. 732; 78 S. E. 356. Residence means living in a particular locality but domicile means living in that locality with intent to make it a fixed and permanent home. "Residence" requires bodily presence as an inhabitant in a given place, while "domicile" requires actual presence in that place as well as an intention to make it a domicile. Residence is a physical fact, while domicile is a matter of intention. The domicile of a person depends uJlon where he actually resides with intentions to make it his domicile and not upon where his legal or moral duties call upon him to reside. T10 change one's domicile is an easy thing. It has been held by repeated decisions that it can be done in the "twinkling of an eye." Worsham vs. Ligon, 144 Ga. 707; Holyoke vs. Holyoke, 110 Me. 469. Transient persons whose business or pleasure causes a frequent change of residence and having no family perma- 72 SOCIAL WELFARE LAWS nently residing at one place in this State shall be held and deemed as to third persons to be domiciled at such place as they at the time temporarily occupy. 124 Ga. 267; 142 Ga. 734. Domicile consists of three kinds: 1. Domicile of origin, which means place of birth. 2. Domicile of choice, which means after one has acquired the age of majority they may choose for themselves the domicile in which they desire. 3. Domicile by operation of law. This means that under the law a wife and legitimate children of that off-spring fol- low the domicile of the husband and father so long as the marriage bonds are not dissolved. In case of separation the wife and husband may acquire separate domicile and under award of the custody of the children, then the children would follow the domicile of their custodian. In case of adoption, children follow the domicile of their foster parents. Illegiti- mate children take the domicile of the mother. In cases of insane or feeble-minded persons, such persons take the domi- cile of their guardian. . An existing domicile continues until another is acquired elsewhere and is not lost by temporary absence or even by desertion or abandonment until a new one is intentionally established. (For changing residence of dependents refer to County Responsibility for Poor-Chapter I, Sees. 557-560, 683.) CHAPTER XIII ADULT PROBATION P. C. Sec. 1081 (a). Probation of Offenders. (In all pros~ . ecutions 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 to sentence such defendant to the chaingang, 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, jail or other place of detention, under the supervision of the court, and in such man~ ner and on such conditions as it may see fit, giving the reasons therefor, which shall be made part of the record. Nothing in this Act 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 Act, except those convicted of misdemeanors or felonies which have been reduced to misdemeanors either by the court upon its own motion or upon recommendation. of the jury.) Acts of 1913, p. 112. Sec. P. C. 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 consent 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 county, and it shall be the duty of the judge to appoint such person or persons as seem best qualified for the duties devolving upon a probation 74 SOCIAL WELFARE LAWS 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 in such sum, with security, as the court may determine. Men or women are eligible as volunteer or assistant probation officers: Provided, they are not members of a county or municipal police force.) Acts 1913, p. 112-113. P. C. Sec. 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 Act, 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 sufficient for identification 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 Act. Such records shall be a part of the records of the courts, and shall at all times be open to the inspection 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 accounts showing any receipts and disbursements of money received by him 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, p. 112-113. P. C. Sec. 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 proba- SOCIAL WELFARE LAWS 75 tioner 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, p. 112, 114. Bailiffs of Solicitors in Counties of 70,000 to 74,000 Made Probation Officers. Acts of 1931, p. 154. Appointment of Probation Officers in Counties With Population of 75,000 to 100,000. Acts of 1933, p. 233. CHAPTER XIV LAWS AFFECTING COUNTY JAILS P. C., Sec. 286. Cruelty in Jailers. If any jailer, by toO' great a duress of imprisonment or other cruel treatment, shall make or induce a prisoner to become an approver, or accuse and give evidence against another, or be guilty of willful inhumanity or oppression to any prisoner under his care and custody, he shall be punished by removal from office, and imprisonment and labor in the penitentiary for not less than one year nor longer than three years. P. C., Sec. 844. Inspection of County Jails. Grand juries. III shall carefully inspect the sanitary condition of the jails of their respective counties, at each regular term of the superior court, and shall make such recommendations to the ordinaries in their general presentments as may be necessary to provide for the proper heating and ventilation of such jails, which recommendations the ordinaries shall strictly enforce. Said juries shall also make such presentments as to general sani- tary conditions of the jails, and the treatment of the inmates,. as the facts may justify. P. C., Sec. 945. County Sending Prisoner to Jail in Adjoining County, Liable for Fees. When there is no secure jail in a county, any person committing an offense in said county shall be sent to jail in the nearest county having a secure jaiL P. C., Sec. 1134. Sheriffs. The sheriffs are entitled to the following fees, to-'wit: ** * for dieting a prisoner confined in jail on any ground Whatsoever, such fees as may be fixed by the ordinary or commissioners of the county, who are invested by law with the power to fix said fees. Whenever jail fees are chargeable to the county, the same shall be paid monthly. Provided, that no local law regulating county jails or fixing salaries of jailers, or their fees, shall in any way be affected or repealed by this section. P. C. Sec. 1149. Sheriffs are Jailers, and May Appoint Jailers. Sher"iffs are, by virtue of their offices, jailers of the counties, and have the appointment of jailers, subject to the supervision of the ordinary, as prescribed by law. P. C., Sec. 1150. Jailers Take Oath and Give Bond. Before entering on the duties of their office, such jailers must. SOCIAL WELFARE LAWS 77 zive to the sheriff bond and surety for the sum of one thou- :sand dollars, conditioned for the faithful performance of their duties as jailers, and shall take and subscribe before the or- dinary of the county the following oath, viz: "I do swear that I will well and truly do and perform, all and singular, the duties of jailer for the county of and that I will humanely treat prisoners who may be brought to the jail of which I am keeper, and not suffer them to escape by any neg- ligence or inattention of mine. So help me God." P. C., Sec. 1152. United States Prisoners. The keeper of a -county jail may decline to receive a prisoner from the custody of any person acting under the authority of the United States, or he may receive such prisoner if the consent of the officer having control of county matters is first obtained. If the keeper receives such prisoner, it shall be under like penalties and subject to the same action as in the case of prisoners committed under the authority of the State. P. C., Sec. 1153. When Notice of Refusal Shall Be Given. If the keeper of the jail consents to receive a prisoner, as provided in the preceding section, neither he nor the county authorities shall refuse to receive any prisoner so committed by the authority of the United States, unless twenty days written notice be previously given by such sheriff to the United States marshal, or other officers of the United States charged with the custody of United States prisoners, of his refusal to re-ceive any more prisoners committed by the United States authorities. P. C., Sec. 1154. Record of Prisoners to Be Kept. The sheriff shall keep, in a well-bound book provided for that purpose, a record of all prisoners committed to the jail of the -county of which he is sheriff, which record shall contain the name of the person committed, age, sex, and color, under what process committed, and from what court issued, the -crime charged, date of commitment to jail, and the day of discharge, and under what order discharged, and the court from which it issued; which book shall, at all times, be subject to examination by any person, and the sheriff shall keep the book on file in his office: Provided, that in the county of Richmond the book shall be kept by the jailer, as provided for sheriffs, except that it be kept in jail. 78 SOCIAL WELFARE LAWS P. C., Sec. 1155. Gra~d Jury to Inquire Into Record. It shall be the duty of the grand jury, at each term of the court held in the county, to inquire into the contents of the record kept; and if not kept, or if incorrectly kept, they shall so report to the court, and upon such report being made the judge presiding shall cause the solicitor general to have the sheriff served with a rule, requiring him to show cause why he should not be punished for contempt; and the judge shall inquire into the facts, and if he shall find that the preceding section is not complied with, he shall impose a fine of not less than twenty-five nor more than fifty dollars for the first offense, and not more than one hundred dollars and not less than fifty dollars for each subsequent offense, which fine shall be enforced and collected by attachment, as in other cases of attachments against sheriffs. P. C., Sec. 1156. Duties of the Sheriff. It is the duty of the sheriff : To take from the pI;eceding sheriff custody of the jail and the bodies of such persons as are confined therein, with the precept, writ, or cause of detention. To furnish prisoners with medical aid, fire, and blankets, to be reimbursed, if necessary, from the county treasury; and to suffer a penalty for neglect as prescribed in this Code.. To take all prisoners arrested, or in execution under any criminal or civil process, to the jail of an adjoining county, or to the jail of some other county when more accessible, if the jail of the county is in an unsafe condition, under such rules as are prescribed in this Code. P. C., Sec. 1157. Defaulting Sheriffs Fined for Contempt. If any sheriff or deputy fails to comply with the provisions of the preceding section, he shall be fined for a contempt, as the clerk of the superior court is in similar cases. Section 4897 of the Civil Code also applies to sheriffs. P. C., Sec. 1158 (a). Nurses for County Jail Hospitals.. The county physician in counties having therein a city of not less than 54,000 and not more than 85,000 inhabitants, be and is hereby authorized to employ a nurse for the county jail hospital at a salary of not exceeding thirty-five dollars per month, to be paid out of the county treasury of such county. SOCIAL WELFARE LAWS 79 Sec. 399. County Buildings, etc. The county buildings are to be erected and kept in order and repaired at the expense of the county under the direction of the ordinary, who is authorized to make all necessary contracts for that purpose. Sec. 400. Public Buildings and Records. It is the duty of the ordinaries to erect or repair, when necessary, their respective county court houses and jails, and all other necessary county buildings, to furnish each with all the furniture necessary for the different rooms, offices or cells. Sec. 403. Court Houses, Jails, etc. The court houses, as well as jails, the public grounds, and other county property are placed in the keeping' of the sheriff of their respective counties, subject to the order of such ordinaries, and it is their duty to preserve them from injury or waste and to prevent intrusions upon them. Sec. 404. Jails, Hoiw Constructed. The county jails hereafter constructed must be of sufficient. size and strength to contain and keep securely the prisoners which may be confined therein, and must contain at least two apartments, properly ventilated, so as to secure the health of those confined therein-one for males, and one for females. Sec. 405. Grand Juries Inspect Jails. The grand juries shall carefully inspect the sanitary condition of the common jails of their respective counties at each regular term of the superior court, and make such recommendations to the ordinaries of their counties in their general presentments as may be necessary to provide for the proper heating and ventilation of such jails, which recommendations it is hereby made the duty of the several ordinaries of this state to observe and strictly enforce; such grand juries shall make such presentments in regard to the general sanitary condition of their jails and the treatment of the inmates of the same as the facts may justify. Sec. 406. Preceding Section Specially Charged. The judges of the superior courts shall give the preceding section in special charge to the grand juries in each county in this state at each regular term of the superior court held in such counties. 'Sec. 407. Injuries to Public Buildings. If any person shall designedly destroy, injure, or deface any public building, the 80 SOCIAL WELFARE LAWS appurtenances thereto, or the furniture inside, or shall use either for any indecent purpose, such person shall be guilty of a misdemeanor, besides being liable for the damages. Sec. 408. Public Buildings and Records, How Inspected. It is the duty of the grand juries to inspect all public buildings and other property of the county and the county records, and to report in their general presentments their condition, and if they report that such ordinaries have failed to comply with the law touching the same, it is the duty of the solicitorgeneral of the circuit to commence proceedings against them that they may be compelled so to do, if they do not in good faith comply by the next term of ~he superior court. Sec. 409. Duty of the Judge of the Superior Court. The judge of the superior court shall, when necessary, call the attention of the grand jury to the duties required of such ordinaries in this Chapter. Sec. 2158 (82). Duties of Board of Public Welfare Regarding Jails. See Chapter II, p. 12. Sec. 2158 (83). Reports of Superintendents and Chief Of. ficers; Suggestions to Certain Officials. See Chapter II, p. 13. Sec. 2158 (84). Plans for New Jails, etc., Submitted to Board of Public Welfare. See Chapter II, p. 13. Sec. 2158 (85). Local Committee of Visitors; Duties of Committee. See Chapter II, p. 14. P. C., Sec. 339 (i). Officers Interfering With 'Board of Pub. lic Welfare. Malfeasance in Office: Removal for Same. See Chapter II, p. 14. CHAPTER XV VAGRANCY P. C., Sec. 449. Vagrancy Defined. Vagrants are- 1. Persons wandering or strolling about in idleness, who are able to work, and have no property to support them. 2. Persons leading an idle, immoral, or profligate life, who have no property to support them and who are able to work and do not work. 3. All persons able to work, having no property to support them, and who have no visible or known means of a fair, honest, and reputable livelihood. The term "vil'dble or known means of a fair, honest, and reputable livelihood," as used in this section, shall be construed to mean reasonably continuous employment at some lawful occupation for reasonable compensation, or a fixed and regular income from property or other investment, which income is sufficient for the support and maintenance of such vagrant. 4. Persons having a fixed abode, who have no visible property to support them, and who live by stealing or by trading or bartering stolen goods. 5. Professional gamblers, living in idleness. 6. All able-bodied persons who are found begging for a living or who quit their homes and leave their wives and children without the means of subsistence. 7. All persons who are able to work and do not wC'lrk, and who have no property or other means of support, but hire out their minor children and live upon their wages. 8. All persons over sixteen years of age, able to work and who do not work, and have no property to support them, and who have not some known and visible means of a fair, honest, and reputable livelihood, and whose parents are unable to support them, and who are not in attendance upon some educational institute. It shall be the duty of the sheriff and constables in every county, the police and town marshal, or other like officials in every town and city in this State, to give information, under oath, to any officer empowered by law to issue criminal war- 82 SOCIAL WELFARE LAWS rants, of all vagrants within their knowledge or whom they have good reason to suspect as being vagrants, in their respective counties, towns, and cities; thereupon the said officer shall issue a warrant for the apprehension of the person alleged to be a vagrant, and upon being brought before him, and probable cause being shown, the said officer shall bind such person over to any court of the county having jurisdiction in misdemeanor cases. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. Acts 1905, p. 109. INDEX Note: Sections refer to Park's Code Page Abortion, P. C. Sec. 80; P. C. Sec. 81; P. C. Sec. 82----- 63 Academy for the Blind 43 County apportionment 43 Governing board 43 Length of stay_____ 43 Rules governing 43 Who admitted 43 Adoptions 25 IVlode of adopting child, Sec. 3016 25 Objections by relations, Sec. 3017 26 Advisers to Kill Infants, P. C. Sec. 77___________ _ - 62 Asylum for the Insane (See MHledgeville State Hospital for the Insane) Bastardy 61 Bonds, action on, P. C. Sec. 1336 62 Bonds returned, P. C. Sec. 1335_____________ 62 Concealment of death of bas- tard child, P. C. Sec. 79 62 Defense by mother or father, P. C. Sec. 1334_ 62 Father, proceedings against, P. C. Sec. 1331__ _ 61 Father required to give bond, P. C. Sec. 1332_______________ 61 Mother, proceedings against, P. C. Sec. 1330 61 Mother refusing to disclose father, P. C. Sec. 1333 61 Blind (See Academy for the Blind) Board of Control _ 10 Apoointment, Sec. 257 (38); Sec. 257 (40) __ 10 Governor, ex-officio, Sec. 257 (38)__ 10 Institutions under_______________ 12 Office, Sec. 257 (39 ) 10 Secretary, Sec. 257 (41) 10 Board of Public Welfare 12 Appointment, Sec. 2158 (77) __ 12 Appropriation, Sec. 2158 (81) 12 Ch(a8i8r)man of board, Sec. 2158 14 Page Committee of visitors, Sec. 2158 (85) 14 Compensation, Sec. 2158 (79) 12 Duties of board, Sec. 2158 (82) 12 Expenses, Sec. 2158 (88) 14 Interfering with board, Sec. 339 (1) 14 Investigations by board, Sec. 2158 (89) 14 Literature distributed by, Sec. 2158 (82) 12 Meetings, Sec. 2158 (79) 12 Number, Sec. 2158 (77) 12 Plans for new institutions sub- mitted, Sec. 2158 (84) 13 Powers of board, Sec. 2158 (89) _ _ 14 Powers transferred to Board of Control, Sec. 257 (42) 10 Removal of members, Sec. 2158 (78) 12 Report to Governor, Sec. 2158 (87) 14 Reports to, Sec. 2158 (82); Sec. 2158 (83) 12, 13 Rules and regulations, Sec. 2158 (79) 12 Secretary, Sec. 2158 (80) 12 Statistics, collection of, Sec. 2158 (86) 14 Term of office, Sec. 2158 (77) 12 Boys Training School (See Georgia Training School for Boys) Charitable Institutiom for Chil- dren (See also Cha~)ter II for State Children's In:tituLons) 53 Abandoned children, how com- mitted, Sec. 2849 53 Commitment, how execded, Sec. 2851 54 Commitment, notice of, Sec. 2852 55 Debased children, Sec. 2358 56 Destitute children, how com- mitted, Sec. 2850 54 Government of institutions, Sec. 2847 53 Guardians of children inden- tured, Sec. 2860 57 Incorporation of institutions, Sec. 2845 53 Indentures, how revoked, Sec. 2859 56 Officer's duty, Sec. 2855 55 84 INDEX Page Parent or guardian may re- cover custody, Sec. 2854 55 Real estate and gifts, Sec. 2846 53 Second commitment final, Sec. 2856 56 Service of notice, Sec. 2853___ 55 Surrendering custody of chil- dren to parents or guar- dians, Sec. 2857 56 Child Labor 67 Certificates, Sec. 3149 (4) 67 Dangerous occupations, Sec. 3149 (3) 67 Employment of children under 14, Sec. 3149 (1)------------ 67 Employment of children under 16 between 7 P. M. and 6 A. M., Sec. 3149 (2) 67 Enforcement, Sec. 3149 (5) 67 Messengers, Sec. 3149 (6) 67 Violation of act prohibiting minors as messengers, P. C. Sec. 759 (2) 67 Violation of child labor law, P. C. Sec. 759 (1) 67 Child Placing Law 18 Adoption, Sec. 1762 (8) 20 Bond for children brought in State, Sec. 1762 (9) 20 Conditions of holding license, Sec. 1762 (4) 19 Condition of receiving license, Sec. 1762 (2) 18 Disqualification of judges, Sec. 1762 (12) 22 Fake statements, P. C. Sec. 702 (9) ___ 21 Improper placement, Sec. 1762 (6) 20 Investigation of agency by Board of Public Welfare, Sec. 1762 (3) 18 License issued by Superior Court j~dge, Sec. 1762 (1) __ 18 Offers to dispose of unborn children, Sec. 1762 (7) 20 Orders and proceedings, Sec. 1762 (11) 22 Records, disclosing of, Sec. 1762 (10) 21 Relatives, placement with, Sec. 1762 (1 )____________ 18 Revocation of licenses, Sec. 1762 (5 ) _ _ 20 Soliciting prohibited, Sec. 1762 (1) 18 Who may not place without license, Sec. 1762 (1) 18 Children, Cruelty to (See Cruelty to Children) Page Children's Code Commission 15 Creation, Sec. 2158 (118) 15 Duties, Sec. 2158 (119) 15 Membership, Sec. 2158 (120) __ 15 No compensation, Sec. 2158 (121) 16 Reports, Sec. 2158 (122) 16 Children's Institutions (See Charitable Institutions. See also Chapter II for State Children's Institutions.) Code Commission (See Children's Code Commission) Compulsory School Attendance 64 Attendance officer, Sec. 1444 (d) 66 Board of education and teach- ers, duty, Sec. 1444 (c) 65 Parent and guardian duty, Sec. 1444 (a) 64 Penalty, Sec. 1444 (b) 64 Concealment of Child's Death, P. C. Sec. 78_____________________________ 62 Confederate Soldiers' Home 46 Care given 46 Governing board 46 Who admitted 46 County Jails 76 Charge of Superior Court judges, Sec. 406 79 Committee of visitors, duties, Sec. 2158 (85) c 80 County buildings, Sec. 399________ 79 Court houses, jails, etc;, Sec. 403 79 Cruelty in jailers, P. C. Sec. 286 76 Defaulting sheriffs, P. C. Sec. 1157 78 Duties of sheriff P. C. Sec. 1156 78 Duty of Board of Public Wel- fare, Sec. 2158 (82) 80 Duty of Superior Court judge, Sec. 409 80 Grand jury inspections, P. C. Sec. 844, P. C. Sec. 405 76, 79 Grand jury to examine record, P. C. Sec. 1155 78 Injuries to public buildings, Sec. 407 79 InsSpeecc. ti4n0g8 public buildings, 80 Jailer's oath and bond, P. C. Sec. 1150____________________ 76 INDEX 85 Page J ails, how constructed, Sec. 404 79 Notice of refusal to receive prisoners, P. C. Sec. 1153 77 Nurses, P. C. Sec. 1158 (a) 78 Officers interfering with Board of Public Welfare, P. C. Sec. 339 80 Plans for new jails, Sec. 2158 (84) 80 Public buildings and records, Sec. 400 79 Record of prisoners, P. C. Sec. 1154 77 Reports to Board of Public Welfare, Sec. 2158 (83) 80 Sending prisoners to adjoin- ing county, P. C. Sec. 945 76 Sheriffs and jailers, P. C. Sec. 1149 76 Sheriff's fees, P. C. Sec. 1134-- 76 United States prisoners, P. C. Sec. 1152 77 Cruelty to Children, P. C. Sec. 758 68 Deaf (See Georgia School for the Deaf) Department of Public Welfare (See Board of Public Welfare) Domicile and Residence 70 Change of domicile, Sec. 2186 70 Changing residence of de- pendents, Sec. 557-560, P. C. Sec. 683 7, 8 Domicile, Sec. 2181 70 Feme covert, Sec. 2183 70 Lunatics, domicile, Sec. 2185 70 Minors, domicile, Sec. 2184 70 Opinion of Atlanta Legal Aid Society 71 Persons not sui juris, Sec. 2187 70 Voting requirements, Sec. 34 (3) 71 Foeticide, P. C. Sec. 80_________________ 63 Georgia Industrial Home 58 Commitments to, Sec. 2862_______ 58 Duty of officers and others to report children to judge, Sec. 2863 59 Enticing children from Indus- trial Home, P. C. Sec. 112__ 60 Harboring absconding child, P. C. Sec. 113 60 Maintenance fund, Sec. 2864__ 59 Power of judges, Sec. 2862 58 Visitors from General Assembly, Sec. 2865 Page 60 Georgia School for the Deaf 44 Certain persons not admitted __ 44 Clothing furnished depend- ents _ 44 Day scholars_________ Governing board 44 _ _ 44 Length of stay 44 Railroad fare furnished in certain cases 44 Who admitted ,--__ 44 Georgia Training School for Boys .______________ 42 Governing Board 42 Incorrigible boys 42 Length of commitment 42 Parole .... 42 Rules and regulations 42 Who admitted 42 Work at school 42 Georgia Training School for Girls Certain girls unacceptable Governing board Jury trial on demand Rules and regulations Who admitted___________ Who may commit to Georgia Training School for Mental Defectives Governing board_________ Insane not admitted Methods of admission Parole Who admitted 42 42 42 42 42 __ 42 42 42 42 42 42 42 42 Georgia Tuberculosis Sana- torium 45 (Regulated by Board of Control) Girls Training School (See Georgia Training School for Girls) Guardians and Wards 47 Appointment by collateral, --- Sec. 3037___ _ 48 Appointment by wid~;s-,------------ Sec. 3034 47 Bastards, guardians of, Sec. 3045 48 Binding out by ordinary, Sec. 3124 c_______ 48 Binding out indigent or- phans, Sec. 3061 48 Disposing of child or wife, P. C. Sec. 1307 __c c 49 General guardian, Sec. 3035 47 86 INDEX Page Habeas corpus proceedings, P. C. Sec. 1307 49 III treatment, Sec. 3062__________ 48 Kinds of guardians, Sec. 3031 47 Natural guardians, Sec. 3032 __ 47 Non-resident wards, Sec. 3036 48 Ordinary may bind out, Sec. 3124 48 Testamentary guardians, Sec. 3033 47 Illegitimacy (See Bastardy) Insane Hospital (See Milledge- ville State Hospital for the Insane) Jails (See County Jails) Juvenile Courts _ 27 Advisory board, Sec. 900 (11) 38 Age of children to which law applies, Sec. 900 (b) 27 Appeal to Supreme Court, Sec. 900 (q)___________ 31 Arrest of child, Sec. 900 (n) __ 30 Bail, Sec. 900 (n) 30 Certiorari, Sec. 900 (qq) 41 CivSielc.li9a0b0ilitOyJ)of child, 37 Construction of law estab- lishing, Sec. 900 (a) 27 Contempt, Sec. 900 (g), Sec. 900 (ee) ___ 29, 35 Continuance, Sec. 900 (kk) 37 Conviction of crime, Sec. 900 (1)______ 30 Cooperation of municipalities and societies, Sec. 900 (t) 33 Creation, Sec. 900 (a), Sec. 900 (00) 27, 39 Criminal procedure, Sec. 900 (h) __ 29 Custody of child, guardian of property, Sec. 900 (ii) 36 Parents, Sec. 900 (gg) 36 Detention home, Sec. 900 (n), Sec. 900 (1'), Sec. 900 (s) 30,32 Education of children, Sec. 900 (s)__ 32 Expenses of care of child, Sec. 900 (ee )_________________ 35 Final order of judgment, Sec. 900 (aa) _ _ 34 Girls, custody, Sec. 900 (bb) 35 Hearings, Sec. 900 (h), Sec. 900 (k)____ 29, 30 __~~~~I.n~spr:ection of records, _ ~ UNI"E/.lt.~ c.. 900. (k) 30 ~~ . -~ atlOns, Sec. 900 (d) 28 LIB R_ Jail, c fining of children in, __A ~ ~_&'a,I 0c.9(0s0)(_u) -------------- 3332 Page Pro tempore, Sec. 900 (pp) 41 Juries, Sec. 900 (kk) 37 Jurisdiction, Sec. 900 (b) 27 Lock-up, confining of children in, Sec. 900 (s) _ 32 Medical care of child, Sec. 900 (ff) __ .______ 36 Neglect of child by parent, Sec. 900 (kk) 37 Petition, Sec. 900 (c) .- 27 Probation officers, appoint- ment, Sec. 900 (s), Sec. 900 (v), Sec. 900 (x) 32,33,34 Care of child, Sec. 900 (i) __ 29 Duties and powers, Sec. 900 (z) 34 Removal, Sec. 900 (y) 34 Salaries, Sec. 900 (s), Sec. 900 (v), Sec. 900 (dd) 32,33,35 Volunteers, Sec. 900 (w) __ 34 Procedure, Sec. 900 (p), Sec. 900 (mm) 31, 38 Recognizance, release of child, Sec. 900 (m)_____________ 30 Records, inspection, Sec. 900 (k) 30 Transfer, Sec. 900 (0) 31 Referees, Sec. 900 (cc)_ 35 Religious beliefs, custody of child dependent on, Sec. 900 (hh) 36 Restoration of custody of par- ents, Sec. 900 (gg) 36 Summons, Sec. 900 (d), Sec. 900 (f), Sec. 900 (g) 28,29 Superior Court, Sec. 900 (00) __ 39 Superior Court acting as, Sec. 900 (00) _ 39 Taking child into custody, Sec. 900 (e )________ 28 Transfer of cases, Sec. 900 (n), Sec. 900 (0) 30, 31 Ward of State, child as, Sec. 900 (j) 30 Witnesses, examination, Sec. 900 (h)__________ 29 Marriage 66 Consent, Sec. 2933 66 Prohibited degrees, Sec. 2932_ 66 Void marriages, Sec. 2935 66 Who may marry, Sec. 2931. 66 Mental Defectives (See Georgia Training School for Mental Defectives) Milledgeville State Hospital for the Insane 44 Duties of ordinary 44 Expense of proceedings 44 INDEX 87 Page Free care for whom 44 Guardian 44 J ail confinement 44 Lunacy commission 44 Members lunacy commission 44 Non-residents returned hom(L 44 Notice to superintendent 44 Petition for commitment 44 Transported by sheriff 44 Who may file petition 44 Who mayor may not be com- mitted __ 44 Parents and Children _ 50 Abandonment of child, P. C. Sec. 116 51 Age of majority, Sec. 3019 50 Children, how protected, Sec. 3024 51 Cruel treatment by parents, Sec. 3023 51 Custody of minor children, Sec. 3022 (a)________ 50 Mother's rights, Sec. 3022 50 Parental power, how lost, Sec. 3021 50 Parent's obligation, Sec. 3020 __ 50 Paupers (See Poor) Placing Children (See Child Placing Law) Poor 5 Application of pauper, Sec. 552 _ 6 Authorized officers, Sec. 562 (3) 8 Bond for support of paupers, Sec. 560; P. C. Sec. 683 7, 8 Burials, Sec. 556 7 Certificate of the ordinary, Sec. 555 7 Commissioner of poor, Sec. 550 6 Contract with city or charit- able organization, Sec. 562 (2) 8 Counties of over 150,000 population, Sec. 562 (1) 8 County liability, Sec. 558 7 Definition, Sec. 553; Sec. 562 (4) 6, 9 Duty of ordinary, Sec. 509______ 5 Homes for indigent old women, Sec. 563 6 Paupers left by migratory companies, Sec. 559 7 Poor houses and farms, Sec. 542 5 Receiver and disburser of fund, Sec. 551..______________________ 6 Regulations for poor farms, Sec. 545 5 Page Removing paupers, Sec. 557___ 7 Support by children, Sec. 554.. 6 Tax for purchase of poor farms, Sec. 544 5 Tax for support of, Secy 506____ 5- Workshops, Sec. 546 5 Probation, Adult 73 Delinquent probationers, P. C. Sec. 1081 (d) 74 Duties of probation officers, P. C. Sec. 1081 (c) 74 Officers, P. C. Sec. 1081 (b) 73 Of offenders, P. C. Sec. 1081 (a) _ 73 Probation, Juvenile (See Juvenile Courts) Residence (See Domicile and Residence) Responsibility for Crime 68 Counsellors and instigators, Sec. 37 68 Idiots, Sec. 36 68 Infants under 10 years, Sec. 34 68 ~___________________ Lunatics, Sec. 35 68 Persons of sound mind, Sec. 33 68 Sanatorium for Tubercular Patients (See Georgia Tubercu- losis Sanatorium) School Attendance (See Compulsory School Attendance) Soldiers' Home (See Confederate Soldiers' Home) Training School for Boys (See Georgia Training School for Boys) Training School for Girls (See Georgia Training School for Girls) Training School for Mental Defectives (See Georgia Training School for Mental Defectives) Tubercular Patients (See Geor- gia Tuberculosis Sanatorium) Vagrancy 81 Duties of sheriff and consta- bles, P. C. Sec. 449 81 Vagrancy defined, P. C. Sec. 449 81 Who are vagrants, P. C. _ Sec. 449 81 Wards (See GuardiaU1i and Wards)