Full text of Child-Welfare Legislation, 1937, Bureau Publication No. 236

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

U N IT E D STATES D E P A R T M E N T OF LABOR
Frances Perkins, Secretary
CHILDREN’S BUREAU

-

-

Katharine F. Lenroot, Chief

CHILD-WELFARE LEGISLATION

1937

BUREAU PUBLICATION NO. 236

L I B R A RY
Agricultural & Mechanical Colima of T o n i
College Station, Texas, x " '

U NITED STATES
GOVERNM ENT PR IN TIN G OFFICE
WASHINGTON : 1938

For sale by the Superintendent of Documents, Washington, D . C.


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

Price 10 cents


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CONTENTS
State and local welfare departments______________________ __ _____
Aid to dependent children in their own homes_____________ _______ _
Dependent and neglected children________________ 1-111111111111111
Adoption and change of name__________________________ - I I I I I I I I I
Children born out of wedlock__________________________ 11111111” !
Birth certificates___________________________________ I I I I I I I I I I I I
Marriage_________ ___________•_______________ ! _ ! ! ! ! ! ! ! ! ! ! !
Offenses against minors— ____________________________________! ! ”!
Delinquency and juvenile courts______________________________ 43:
Probation and paro le-_________________________ I I I I I I I I I H I I I I I I I
Institutions for delinquent minors_______________________________
Recreation__________________
___III_IIIII_I~
Mental defectives___________________ _______________ I I I !
I"
Physically handicapped children_____________________ ! ! ! ! ! ! ! ! ! ! ! ! _ !
Child hygiene and public health_________ ;____________ I I I I I I I I I I I I
Child labor and compulsory school attendance________________ 111I I I


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

A

Pag«
j

21
27
’ 33
35
36*

38
41

49
53
55
57

62
71
80


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD-WELFARE LEGISLATION, 1937
During the calendar year 1937 the legislatures of 43 States, Alaska,
Hawaii, and Puerto Rico met in regular session. Special sessions wereheld in many o f these and also in three o f the States having no regu­
lar session, leaving only two States—Louisiana and Mississippi—in
which the legislature did not meet during the year.
The following summary covers laws passed in all these sessions ons
subjects affecting child welfare.

STATE AND LOCAL WELFARE DEPARTMENTS
Measures relating to State and local departments administering'
relief or welfare activities were enacted in 39 States and in Alaska,
Hawaii, and Puerto Rico. In 19 o f these States and in both Territories
the new legislation provided for a new State department or commis­
sion. In some o f these the new agency constituted a completely new
organization; in others it was in effect a reorganization o f the existing
agency.
Alaska.

é

The Public Welfare Act o f 1937 established a Territorial depart­
ment o f public welfare under a board consisting o f the Governor and
four members appointed by him (one from each judicial division)
with the approval o f the legislature. The board was authorized to
appoint a welfare director. Provision was made for such divisions in
the department as the board may find necessary, including a division
o f public assistance and a division o f child welfare. The department
was authorized to supervise the administration of public assistance,
including aid to dependent children, and perform other duties that
may be conferred; to receive and expend funds made available by the
Federal or the Territorial Government; and to cooperate with the
Federal Government in establishing, extending, ana strengthening
services for the protection and care o f homeless, dependent, and neg­
lected children in danger o f becoming delinquent and in other mat­
ters o f mutual concern. The department was directed to fix standards
for personnel and to establish local offices. [Extra sess., ch. 3.]
The board o f public welfare was given the duties formerly incum­
bent on the Governor relating to care o f sick and needy persons in the
Territory. [Extra sess., ch. 5.]
The department was authorized to appoint one member of each dis­
trict board o f children’s guardians. (This member was formerly
appointed by the Governor.) No change was made as to the other
members (two district officials who serve ex officio). These boards
are to transmit certain reports to the department. [Extra sess., ch. 6.}
1


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

2

CHILD-WELFARE LEGISLATION, 1937

Arizona.

A State department o f social security and welfare was created, com­
posed of a board o f five members appointed by the Governor, a com­
missioner appointed by the board, and other employees. This board
was vested with all the powers and duties o f the former State board
o f public welfare, which was abolished. It was authorized to act
as the official State agency for any social-welfare activity initiated by
the Federal Government and to receive and disburse Federal funds
made available for the purposes covered by the act. The department
was charged with administration o f all forms o f public assistance,
including general relief, aid to dependent children, and services for
•crippled children. It was given responsibility for approving the in­
corporation o f charitable agencies and for administering child-welfare
activities, including the importation of children, licensing and super­
vising private and local public child-caring agencies and institutions,
and caring for children in foster homes or in institutions, especially
children placed for adoption. County boards o f social security and
public welfare were provided for in each county, under control and
supervision o f the State board. The duties o f the county boards were
stated. Provision was made for a competitive merit system for per­
sonnel of the State and local departments. (Responsibility for medical
care for needy persons was vested in the department but was returned
later to the counties; see p. 71.) [Ch. 69, amended 3d extra sess.,
ch.3.1
The minimum residence period for relief purposes other than assist­
ance under the Federal Social Security Act was fixed at 3 years in the
State and 6 months in the county, except in emergency cases. [Ch. 18.]
Arkansas.

A State department o f public welfare was established, taking the
place o f a department o f the same name created in 1935 for a 2-year
period. The new department consists of a board o f seven persons
appointed by the Governor, a commissioner appointed by the board,
and necessary employees appointed by the commissioner. The depart­
ment was given the duty o f administering or supervising the admin­
istration o f all forms o f public assistance, including general relief,
mental-hygiene work, aid to dependent children, aid and services for
crippled children, and all child-welfare activities, including regula­
tion o f the importation o f children, licensing and supervising of pri­
vate and public child-caring agencies and institutions and boarding
homes, the care o f children in foster homes or in institutions, o f chil­
dren placed for adoption, and o f children of illegitimate birth. The
department was authorized to cooperate with the Federal Government
in welfare matters and to receive and disburse funds granted to the
State for public welfare and similar purposes. It also was empowered
to provide service to county governments, including the organization
.and supervision o f county welfare departments.
A county department o f public welfare in each county or a dis­
trict department for two or more counties was provided for, and its
duties were specified. The county department consists o f a county
board o f public welfare composed o f five members selected by the
State board o f public welfare from lists o f persons with specified
qualifications submitted by various county officials, a county director
o f public welfare appointed by the county board in accordance with

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

3

requirements prescribed by the State department, and additional em­
ployees selected by the director with approval o f the county board and
in accordance with qualifications prescribed by the State department.
The juvenile-court department previously attached to the attorney
general’s office was transferred to the State department o f public wel­
fare and placed under its exclusive direction and control. [Act 41.]
A State personnel division was created, and a civil-service system
fo r State employees was established. Authorization was included for
services by the division to local governmental subdivisions on request,
the local government to reimburse the State for the cost o f such serv­
ices. [Act 15.]
California.

A Welfare and Institutions Code was enacted by revision and con­
solidation o f various welfare laws, including the laws as to organiza­
tion and powers o f the State department o f social welfare and the
State department of institutions. The social-welfare board was in­
creased from six to seven members, and the board was empowered to
select a director (formerly appointed by the Governor). The depart­
ment was made the State agency to cooperate with the Federal Gov­
ernment in the administration of Federal funds granted to the State
for any matters within the scope o f the functions of the department.
On request the department is to furnish to counties, at cost, training
courses for welfare personnel and services for the establishment of
welfare-personnel standards. [Ch. 369, amended ch. 367.]
The powers and duties o f the State relief commission were trans­
ferred to the State department of social welfare and the commission
was abolished. [Ch. 234. The attorney general on June 14, 1937,
held this act unconstitutional.]
The legislature approved amendments to the charter o f San Fran­
cisco, which had been voted by the electors in March. Included was
an amendment establishing a public-welfare department for the city,
consisting o f a commission of five members appointed by the mayor
and a director appointed by the commission. Certain duties were
specified, including duties heretofore exercised by the county welfare
department and by the citizens’ emergency-relief committee. [Con.
Res. No. 38, ch. 58, p. 2790.]
A State Civil Service Act was passed, revising the merit system for
appointment and promotion o f State employees in conformity with a
constitutional amendment adopted in 1934. [Ch. 753.]
Connecticut.

The commissioner o f welfare was empowered to cooperate with the
Federal Government and with the several States in the promotion
o f public-welfare activities and, with the advice of the public-welfare
council, to administer Federal funds appropriated to the State for
public-welfare purposes, f Ch. 367.]
The commissioner was vested with duties formerly imposed on the
emergency relief commission, relating to administration o f Federal
relief funds. [Ch. 4.]
A State-wide merit system to be administered by a State personnel
department was established covering all State employees except those
specifically exempted. [Ch. 171.]
The requirement that the State public-welfare council approve the
appointment o f the deputy in charge o f child welfare (appointed by

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

4

CHILD-WELFARE LEGISLATION, 1937

the commissioner o f welfare) was removed, also the authority of the
commissioner to fix the salary o f the deputy. [Ch. 418.]
The public-welfare council was given authority to appoint directors,
assistants, and investigators and, subject to the approval o f the State
board o f finance and control, to fix their compensation. [Ch. 176.]
The commission on reorganization o f the State government, which
was created in 1935, was continued from April 1,1937, to June 1,1937.
[Special Acts, No. 69.]
A commission was created to inquire into the form o f government o f
the city o f New London and to report to the legislature not later than
February 1, 1939, with recommendations concerning a new charter.
[Special Acts, No. 488.]
Florida.

A State welfare board was established, replacing the former State
board o f social welfare, which had been created for the period ended
July 1, 1937. Confirmation by the senate was required for the Gov­
ernor’s appointment o f the members o f the board. The State welfare
commissioner is hereafter to be appointed by the Governor instead of
by the board, and changes were made in his qualifications and salary.
The powers and duties o f the State board remain essentially the same
as before, also those o f the district welfare boards, but the tenure o f
the district-board members was made subject to the Governor’s dis­
cretion. [Ch. 18285.]
An increased tax levy for the county welfare board was authorized
for counties o f 100,000 or more inhabitants (Dade, Duval, and Hills­
borough Counties). [Ch. 18409.]
Georgia.

The Welfare Reorganization A ct of 1937 created a State department
o f public welfare and transferred to it the duties o f the former State
board o f control o f eleemosynary institutions and o f the former State
board o f public welfare, both o f which were abolished. The new
department was placed under a board consisting o f a director and
six other members, all appointed by the Governor. The department
was authorized to administer or supervise all forms o f public assist­
ance, including general relief and aid to dependent children, the
operation o f State charitable and eleemosynary institutions, approval
o f the incorporation o f charitable agencies, services for mental defec­
tives, all child-welfare activities—including child-welfare services
under the Federal Social Security Act, services for crippled children,
supervision of importation of children, licensing and supervision o f
private and local public child-caring agencies and institutions, care
o f children in foster homes or in institutions, protection o f children
for adoption and those o f illegitimate birth— and cooperation in the
supervision o f juvenile probation and o f all correctional activities of
the State. The department was directed to cooperate with the Federal
Government and to administer Federal funds made available to it.
It may delegate any activity to any other appropriate State or local
government agency. The department is also to provide services to
county governments, including the organization and supervision of
county and district departments o f public welfare, and to prescribe
qualifications and salary standards for personnel in State and county
welfare departments. [Sess. Laws, p. 355.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

5

A county department was established for each county, under a
county board o f public welfare appointed by the county commissioner
or board o f commissioners. (With approval o f the State department
two or more counties may have a district department.) The county
board was empowered to appoint a county director o f public welfare
with qualifications meeting the State department’s requirements.
[Sess. Laws, p. 363.]
. ’ ••__!
The 1935 act authorizing establishment o f a county board o f public
welfare in Fulton County was repealed. [Sess. Laws, p. 612.]
A constitutional amendment proposed by the legislature and adopted
at an election in June authorized the legislature to make provision for
the payment o f assistance to aged persons in need, to the needy blind,
and to dependent children, and other welfare benefits, and to levy
taxes therefor. [Sess. Laws, p. 1126.]
Another constitutional amendment proposed by the legislature and
approved at the June election authorized the counties to levy a tax
for paying old-age assistance, assistance to the needy blind and to
dependent children, and other welfare benefits, to be administered by
the State department of public welfare. [Sess. Laws, p. 1124.]
Hawaii.

A Territorial board o f public welfare was created consisting of
seven members appointed by the Governor with the consent of the
senate—one appointed from each of the four counties, the remaining
three from the Territory at large. The board was vested with power
to appoint its director and other employees and (subject to the Gov­
ernor’s approval) to fix their compensation. The board supersedes
the Territorial welfare and relief commission. It was authorized to
supervise the administration o f all public assistance, including aid to
dependent children; to place dependent children or cooperate in their
placement; to administer child-welfare services in conformity with
the Federal Social Security Act and cooperate therein with the Fed­
eral Children’s Bureau; and to cooperate with the Federal Govern­
ment in carrying out the purposes of the Social Security Act and other
matters o f mutual concern pertaining to public welfare and public
assistance. Authority to license child-caring institutions was vested
in the board.
A county public-welfare commission was authorized for each county,
composed o f seven members in the county o f Hawaii, six in the city
and county of Honolulu and in each o f the remaining two counties.
The member of the Territorial board o f public welfare appointed from
each county is chairman o f the commission o f that county, and the
judges o f the juvenile courts are also members, the remaining members
being appointed by the Governor with the advice and consent of the
senate. The duties o f the county commissions were stated. The boards
of child welfare, which previously administered aid to dependent
children, were abolished. [Sess. Laws, p. 272.]
Idaho.

The Public Assistance Law o f 1937 created a State department of
public assistance composed of the Governor as commissioner ex officio
and such officers and employees as he may designate. The department
was vested with the duties formerly exercised by the Governor as
commissioner o f emergency relief and employment and was declared


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

6

CHILD-WELFARE LEGISLATION, 1937

the State agency to administer Federal grants-in-aid for public assist­
ance (including aid to dependent children) or relief and public welfare
now or hereafter authorized by Congress, and to cooperate with the
Federal Government therein. It was specifically authorized to co­
operate with the Federal Government in establishing, extending, and
strengthening services for the protection and care o f homeless, depend­
ent, and neglected children and children in danger o f becoming
delinquent and was authorized to undertake other services for chil­
dren. It was also directed to organize in each county a welfare com­
mission consisting o f the county supervisor (whom it appoints), an
appointee o f the board o f county commissioners (who may be a mem­
ber of such board), and three other members designated jointly by the
State department and the board o f county commissioners. The State
department was authorized to establish standards for personnel o f
State and county departments, to formulate salary schedules, and to
provide for employment under a merit system. The duties of the
county commissions were specified. [Ch. 216.]
Illinois.

The State emergency-relief commission was continued until July
1, 1939. [Sess. Laws, p. 275.]
New county departments of public welfare were created for counties
having fewer than 500,000 inhabitants, to supersede existing county
and district departments o f public welfare. The new departments are
to consist o f a superintendent appointed by the county board (this
board submits the names o f five persons to the State department of
public welfare, which holds competitive examinations for them and
refers those eligible to the county board) and a staff selected by the
superintendent with qualifications established by the State department
o f public welfare and subject to its approval. Duties o f the new
departments are similar to those vested in the former ones, but under
the new act all the administrative cost o f the departments on approval
of the State department of public welfare is to be paid from State
funds (formerly the county was responsible for administration costs).
[Sess. Laws, p. 451.]
Indiana.

Amendments to the Public Welfare Act o f 1936 changed provisions
relating to State reimbursement for county administrative expenses
under the act; authorized such reimbursement, when necessary, for
cost o f assistance; extended the merit system for employees o f the
State department of public welfare to cover county-department em­
ployees^ and required county boards to appoint county directors from
the eligible lists (except that in Marion County the State department
appoints the director). [Ch. 41.]
Each township trustee was empowered to appoint supervisors in
addition to the investigators and assistants formerly authorized to
aid in his duties relating to poor relief. Minimum qualifications o f
education, experience, and residence were specified, also the maximum
number to be employed and their compensation. [Ch. 208.]
Iowa.

A State department o f social welfare was created under a board o f
five members appointed by the Governor with the approval o f the
senate. The board was authorized to appoint a secretary; to estab
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

JBTATE AND LOCAL WELFARE DEPARTMENTS

7

lish in the department a division o f old-age assistance, a division o f
emergency relief, and a division o f aid to the blind, aid to dependent
children, and child welfare; and to appoint a superintendent for each
division. It was authorized to administer public assistance, includ­
ing child-welfare services, aid to dependent children, and emergency
relief ; to cooperate with the Federal agencies for public-welfare as­
sistance ; and to supervise county boards o f social welfare.
The county boards o f supervisors were directed to appoint county
boards o f social welfare, consisting o f five members in each county o f
more than 33,000 inhabitants and o f three members in each o f the
remaining counties. The county board o f social welfare was empow­
ered to employ a director and necessary personnel whose number and
qualifications must be satisfactory to the State board of social welfare
and whose salaries are paid by the State board. [Ch. 151.]
The Child Welfare Act o f 1937, which created a subdivision o f child
welfare in one o f the divisions o f the State department o f social wel­
fare (the division o f aid to the blind, aid to dependent children, and
child welfare), vested in the department authority to cooperate with
the Federal Government and with county agencies in child-welfare
services, to aid in the enforcement o f all laws for the protection and
care o f children, and to cooperate with juvenile courts and with the
board of control o f State institutions in its management and control
o f State institutions and their inmates. The subdivision o f child
welfare, under the supervision and control o f the State board, was
authorized to plan and supervise all public child-welfare services and
activities within the State ; to perform necessary acts to insure coopera­
tion with Federal agencies in regard to child care or child-welfare
services ; to inspect and supervise private child-caring institutions ; to
designate and approve private and county institutions to which chil­
dren may be committed; to license and inspect maternity hospitals,
children’s boarding homes, and child-placing agencies ; to receive and
file reports from juvenile courts and from institutions to which chil­
dren may be committed; and to keep records and statistics regarding
adoptions. Existing laws relating to the powers and duties o f the
board of control o f State institutions in regard to child-welfare activi­
ties, maternity homes, boarding homes, child-placing agencies, agen­
cies receiving children committed by the juvenile court, and children
whose adoption has been annulled were amended to conform to the
new act vesting these powers of inspection and supervision in the
subdivision o f child welfare. [Ch. 118.]
An addition to the law relating to employees o f institutions under
the State board o f control required all such employees except physi­
cians and surgeons to be bona fide residents and citizens of the State
at the time o f employment but authorized exceptions for the purpose
o f obtaining professional or scientific services not available from the
citizens o f Iowa. [Ch. 116.]
Kansas.

A State board o f social welfare was created, consisting o f five per­
sons appointed by the Governor with the advice and consent of the
senate. The board was authorized to appoint a State director and to
cooperate with the Federal Government as provided for under the
Federal Social Security Act in furnishing public assistance, including
aid to dependent children, child-welfare services, and other social-wel
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

8

CHILD-WELFARE LEGISLATION, 1937

fare services. The board was also authorized to establish standards o f
•qualifications for employees o f State and county boards, to conduct
in-service training for State and county social workers, and in coop­
eration with county officials to develop plans financed by county funds
fo r providing medical care for the needy. It was made the duty o f
the board to administer or supervise child-welfare activities, includ­
in g care and protection o f dependent, neglected, defective, illegitimate,
and delinquent children and children in danger o f becoming delin­
quent; to cooperate with the appropriate agency o f the Federal Gov­
ernment in establishing, extending, and strengthening such services;
and to undertake other services to children authorized by law. The
hoard was authorized to license and supervise private agencies regu­
larly engaged in giving assistance or furnishing shelter for hire to
needy persons.
County social-welfare boards were provided for (the boards o f
county commissioners serving as these welfare boards), and their
responsibilities under this act were stated, including appointment o f
a director having qualifications established by the State board. [Ch.
327. ]
The State board o f social welfare was authorized to assume all the
functions o f the State emergency-relief committee when this commit­
tee is abolished by the Governor as having completed its work. [Ch.
328. }
Kentucky.

A personnel commission was established for the city of Louisville and
was given the duty o f providing for appointment o f personnel by a
¡merit system and for transfer and discharge of employees o f the city
department o f public welfare, with specified exceptions. [4th extra
sess., ch. 15.]
Maine.

The State department of health and welfare was authorized to co­
operate (through its bureau o f social welfare) with the Federal Gov­
ernment in child-welfare services under the terms o f the Federal So­
cial Security Act. [Ch. 138.]
Municipal boards of child welfare were provided for in each city,
town, and plantation to replace the former municipal boards o f
mothers’ aid and children’s guardians. [Ch. 177.]
A merit system o f personnel administration was established for
State employees with specified exceptions, to be administered by a
State personnel board. [Ch. 221.]
Maryland.

The legislature requested the Governor to appoint a special com­
mittee to investigate the whole question of relief and aid to the needy,
¡including public and private agencies administering such assistance,
;and to report to the legislature in January 1939 with recommendations,
¡including drafts o f proposed legislation. [Extra sess., J. Res. No. 1.]
Massachusetts.

A sjpecial commission was established to make investigation as to
legislative approval o f rules and regulations o f State departments,
commissions, boards, and officials and to report to the legislature not
later .than December 1, 1937. [Resolve ch. 25.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

It was made compulsory in cities and in towns o f more than 10,000
inhabitants for each applicant for relief to be interviewed privately.
[Ch. 277.]
Michigan.

.

Among laws passed to reorganize the welfare services o f the State,,
one provided for the establishment o f a State department o f public
assistance and the abolishment o f the State welfare department, effec­
tive January 1,1938, and one provided for county departments o f pub­
lic welfare, effective 60 days after the establishment o f the Statedepartment o f public assistance (see the two following paragraphs)..
Au initiative petition was filed against the first o f these laws, with the
result that they will not go into effect unless ratified at the election ini
November 1938. An independent State hospital commission (see p.
58) and a State department pf corrections (see p. 50) were created, both
effective July 1,1937, and the State schools for the deaf and the blind
were transferred to the State board o f education (see p. 65).
The law creating the State department o f public assistance, which
would have gone into effect January 1,1938, provided that the depart­
ment should be administered by a public-assistance commission o f five-,
persons appointed by the Governor and should replace the State wel­
fare department and the State emergency-relief commission. The com­
mission was to appoint the director and assistant director o f the depart­
ment and an executive head for each bureau or division o f the*
department and for each institution under its supervision, except that
if the commission should create a bureau or division o f medical carethe director was to appoint its head with the approval o f the commis­
sion. The department was to cooperate with the Federal Government
in handling the welfare and relief problems o f the State andr was;
specifically designated the State agency to cooperate in the administra­
tion o f public assistance under the Federal Social Security Act, includ­
ing aid to dependent children and child-welfare services, and to*
supervise local administration o f such aid; also to distribute Federal
funds for such purposes ; to provide consultation and assistance to the
juvenile division of the probate courts and to the juvenile-probation
service o f such courts ; to supervise the State children’s institutions ; to*
inspect county detention places for children; to license and inspect
child-placing and child-caring institutions, including boarding hornet
and maternity hospitals; and to cooperate with and direct all persons
and organizations concerned with programs relating to dependent,
neglected, delinquent, or handicapped children, children born out o f
wedlock, and others in need of special care. The department wasauthorized to comply with Federal requirements as to methods and’
standards o f State and local administration and was directed to pro­
vide for progressive codification o f the laws on welfare and relief
problems. [No. 257.]
A county department o f public welfare was authorized for each,
county (or a district department for two or more counties) under a
board of three persons and a director appointed by the board. De­
tails as to the appointment of county board members included provi­
sion for appointment o f one member o f each board by the State Depart­
ment o f public assistance. The local boards were to succeed to the
duties o f the county emergency-welfare-relief commissions, county
old-age-assistance boards, county superintendents o f the poor; and
county welfare agents. [No. 258.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

10

CHILD-WELFARE LEGISLATION, 1937

The State Civil Service Act was passed, effective on January 1,1938.
It covered all State personnel, with specified exceptions. Administra­
tion was placed in a State civil-service commission. [No. 346.]
Minnesota.

A welfare board was established for each county, composed o f three
persons chosen by the board o f county commissioners (at least one
from its own membership) and two appointed by the State board o f
control from a list submitted by the board of county commissioners.
Special provisions were made as to the organization or designation o f
the board in counties containing a city o f the first class and in counties
having a poor and hospital commission. The county welfare boards
are to assume the powers and duties o f the former county child-wel­
fare boards and to administer all forms o f public assistance and public
welfare, including assistance under the Federal Social Security Act.
[Ch. 343.]
County commissioners were required to levy taxes to provide for
social-security measures, failure constituting a gross misdemeanor sub­
jecting the offender to immediate removal from office by the Governor.
[Ch. 304.]
Missouri.

A State social-security commission was established, consisting o f
five members appointed by the Governor with the advice and consent
o f the senate. The State administrator is appointed in the same
manner. Among the duties vested in the commission are adminis­
tration o f public assistance, including aid to dependent children and
aid or relief in case of public calamity. The commission was directed
to cooperate with the Federal Government in compliance with any
act o f Congress providing for the distribution and expenditure o f
Federal funds appropriated for social-security benefits; to cooperate
with the Federal Children’s Bureau in establishing, extending, and
strengthening services for the protection and care o f homeless, de­
pendent, and neglected children and children in danger o f becoming
delinquent; and to administer or supervise all child-welfare activities,
including importation o f children, licensing and supervision o f child­
caring agencies and institutions, operation o f State institutions for
children, and supervision o f juvenile probation under the direction o f
juvenile courts. The county social-security commission authorized for
each county consists o f four persons selected by the State commission
from a list submitted by the county court. The secretary o f each
county office is paid by the State commission. [Sess. Laws, p. 467.]
Provisions o f the law imposing on the board o f managers o f State
eleemosynary institutions child-welfare functions and duties relating
to public assistance were repealed. [Sess. Laws, p. 467.]
Montana.

The Public Welfare Act o f 1937 established a State department o f
public welfare consisting o f a board o f five members appointed by the
’Governor with advice and consent o f the senate, a State administrator
appointed by the board in cooperation with the Governor, and other
employees. To this board were transferred all the powers and duties
formerly vested in the State bureau o f child and animal protection,
the State orthopedic commission, the State relief commission, the State
old-age pension commission, and the State board o f charities and

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

11

reform, which were abolished. The State department was authorized
to administer all Federal funds and to cooperate with the Federal
Government in administration or supervision o f all forms o f public
assistance, including relief and aid to dependent children. It was
empowered to cooperate with the Federal Children’s Bureau in estab­
lishing, extending, and strengthening child-welfare services for the
protection and care o f homeless, dependent, and neglected children
and children in danger o f becoming delinquent; to provide services
fo r crippled children; and to supervise or administer child-welfare
activities—among which were specified licensing and inspection o f
child-caring and child-placing agencies (including infant homes and
maternity homes), importation and exportation o f children, and care
o f dependent and neglected children in foster homes, especially those
placed for adoption or those of illegitimate birth; also to provide
services to county governments, including organization and super­
vision o f county welfare departments. A merit system for personnel
in the State and county departments was to be established within a
year from the effective date o f the act (Mar. 18, 1937). [Ch. 82.]
Departments o f public welfare were authorized for each county
(or for two or more counties combined),.and their powers and duties
were specified, the board of county commissioners serving as the
county board o f public welfare. [Ch. 82.]
The Governor’s approval was required for appointments, compen­
sation, and termination (if not established by law) for all govern­
mental positions. (Formerly the department, board, or other agency
.appointed its employees within the number and salary range and for
the tenure established by the State board o f examiners composed o f
the Governor, the secretary o f State, and the attorney general).
[Ch. 5.]
Nebraska.

The State assistance committee and the State child-welfare bureau
were abolished, and their powers and duties were transferred to the
State board o f control. An executive secretary, the director o f as­
sistance, was provided for this board, appointed by the Governor
with consent o f the legislature. He was given the powers and duties
previously vested in the former director o f assistance (appointed by
the State assistance committee and serving as its executive director)
and in the State child-welfare bureau. These include relief, aid to
dependent children, services for crippled children, child-welfares
services, and supervision over adoption, juvenile courts, and public
and private child-caring and child-placing institutions and agencies.
[Oh. 191.]
Nevada.

The State Welfare Act o f 1937 created a State welfare department
composed o f the existing State board o f relief, work planning, and
pension control and the officers and employees designated by the
board with approval o f the Governor. The board was authorized to
supervise welfare activities and all public assistance in the State,
including aid to dependent children and child-welfare services in co­
operation with the Federal Government; to provide supervisory and
advisory services to county governments in the administration o f
public-welfare functions; and to fix minimum standards for State
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

12

CHILD-WELFARE LEGISLATION, 1937

department employees. It was designated the State agency to ad­
minister Federal funds received by the State for purposes of the Act.
The boards o f county commissioners were directed to make provision
to maintain necessary welfare services, including compensation and
travel expense of county employees engaged exclusively in welfare
work. It was specified that nonconflicting provisions o f the 1935
act creating the State board o f relief, work planning, and pension
control and authorizing county boards and stating their powers and
duties are not to be affected by the 193T act. [Ch. 127.]
New Hampshire.

A State department o f public welfare was provided for, to consist o f
a board o f three members appointed by the Governor with advice and
consent o f the council, a commissioner of public welfare appointed
by the board, and other officials and employees appointed by the
commissioner, to supersede the present State board o f welfare and
relief on July 1, 1938. (The State board o f welfare and relief was
extended to June 30, 1938.) Among the duties to be vested in the
new department are the development and administration o f all childwelfare activities and the supervision o f local administration o f such
services, including protection and care o f homeless, dependent, and
neglected children and children in danger o f becoming delinquent; co­
operation with State and other institutions for children, including
investigation and follow-up services; care o f children in foster
homes; inspection o f public institutions and supervision and licensing
of private institutions giving care or other direct services to children
who are neglected, delinquent, defective, or dependent; cooperation
with the Federal Government in carrying out the purposes of the,
Federal Social Security Act and in other matters o f mutual concern
pertaining to public welfare, child-welfare services, and public assist­
ance; and cooperation with State health authorities and county and
local officials in developing and administering a plan for providing
medical or other remedial care. I f appointed by a court, the commis­
sioner may act as probation officer or agent o f the court. Provision
was made for appointment o f State and local department personnel
on a merit basis in accordance with standards approved by the Gover­
nor and the council. [Ch. 202.]
New Mexico.

By the Public Welfare Act o f 1937 a State department of public
welfare was created, consisting of a board composed o f the Governor
and four persons appointed by him with the advice and consent o f the
senate, a director selected by the board, and other officers and em­
ployees appointed by the director. The board was authorized to.
cooperate with the Federal Government in matters of mutual concern
pertaining to public welfare or public assistance. The department,
replaced the former State department o f the same name and was given
its duties (except duties relating to health; see p. 76) and those here­
tofore vested in the New Mexico Relief and Security Authority and
in the State child-welfare bureau, both o f which were abolished. The
duties of the child-welfare service o f the State department of educa­
tion were also transferred to the new department and this service was
abolished. The powers and duties o f the new department include ad­
ministering of general relief, aid to dependent children, and services.

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

13

•
for crippled children; administering or supervising all child-welfare
activities, including services to children placed for adoption, serv­
ices and care for homeless, dependent, and neglected children and
for children in foster homes or in institutions because o f dependency
or delinquency, and care and service to any child in need thereof be­
cause o f physical or mental defect; inspecting and requiring reports
from private institutions, organizations* and boarding homes for
children who are crippled, neglected, delinquent, or dependent or for
handicapped or dependent adults. The department is authorized to
establish local units o f administration in counties or in districts to
serve as its agents and to establish local boards o f public welfare at
its discretion and prescribe their duties. It was made the duty o f the
board to provide for training in public-welfare work for residents of
the State, to fix standards for all positions under the act (except that
o f the director), and to formulate salary schedules. [Ch. 18.]
The new juvenile-court attorneys (see p. 45) were authorized to
represent the State child-welfare bureau (now the State department o f
public welfare) in their respective divisions. [Ch. 149.]
An amendment to the act creating the State girls’ welfare board,
which receives delinquent girls committed by district courts, author­
ized payment of per diem allowance and expenses o f the five members
of the board. [Ch. 169.]
New York.

The State department of social welfare was designated the State
agency to develop and administer a plan for child-welfare services,
to accept Federal funds for such services, and to allocate and dis­
burse them to counties, districts, and other local subdivisions. [Ch.
15.]
The State board o f social welfare was empowered for a year, to
make regulations superseding existing law in case of change in the
Federal Social Security Act between legislative sessions. [Ch. 544.]
Amendments to the public-welfare law extended the 40-percent
State reimbursement for salaries of staffs administering home relief
to apply also to salaries of employees o f city and county publicwelfare departments administering other forms of relief (with speci­
fied exceptions) and authorized payment by the State for the entire
cost o f relief of poor persons who have no settlement in any publicwelfare district and State reimbursement of 40 percent of funds
granted for poor relief to persons who have such settlement. [Ch.
358.]
North Carolina.

Amendments to the law providing for State and county boards of
charities and public welfare required the Governor’s approval o f
the appointment of the State commissioner o f public welfare and
provided that one member o f each county board o f charities and
public welfare be appointed by the board of county commissioners,
one by the State board o f charities and public welfare, and the third
by the two appointed members—or, if they are unable to agree, by
the superior-court judge presiding in the district. (Formerly the
State board appointed all three members.) Provision was also made
for appointment o f the county superintendent o f public welfare (ex68322— 38----- 2


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

14

CHILD-WELFARE LEGISLATION, 1937

cept in Wake County) jointly by the board o f county commissioners
and the county board of charities and public welfare, with approval
by the State board o f charities and public welfare (formerly appoint­
ment was made by the county commissioners and the county board
o f education). Qualifications for the county superintendent were
specified. [Ch. 319.]
The State board o f charities and public welfare was authorized to
accept and disburse Federal, State, or other money made available
for relief purposes and to cooperate with any Federal agency engaged
in relief activities. [Ch. 436.]
Consolidation o f the welfare activities o f Wake County and the
city o f Raleigh was authorized, and a county board o f charities and
public welfare was created and given power to appoint the county
superintendent o f public welfare. [Public Local Laws, ch. 598.]
The State board o f charities and public welfare was authorized to
designate the city of Rocky Mount a local welfare unit and to approve
the appointment o f a city welfare officer. [Public Local Laws, ch.
538.]
Oklahoma.

Laws making appropriations for welfare purposes authorized the
State board o f public welfare to expend sums from this appropria­
tion for temporary relief employment for destitute able-bodied per­
sons (as well as for relief o f unemployables covered by existing la w ).
The board was designated the coordinating agency for all relief pro­
grams in the State in projects established in cooperation with the
Federal Government in which the State participates financially.
The county welfare boards were designated county coordinating
boards in carrying out such relief programs. [Ch. 24, art. 25.]
The State board was empowered to appoint a bonded representa­
tive o f such State board to act -in lieu o f the county welfare board
in any county when it is deemed necessary for more equitable
distribution of. relief funds. [Ch. 24, art. 26.]
Oregon.

The State relief committee was specifically designated the State
administrative agency to cooperate with the Federal Government and
with groups and agencies in the State in establishing, extending, and
strengthening services for the protection and care o f homeless, de­
pendent, or neglected children or children in danger o f becoming
delinquent and was authorized to accept and disburse Federal funds
for these purposes. [Ch. 264.]
Pennsylvania.

The Public Assistance Law o f 1937 created a State department o f
public assistance under a board consisting o f seven members and
the State treasurer and the State auditor general. The department
has a secretary o f public assistance as its executive officer. Both
board and secretary are appointed by the Governor with advice and
consent o f the senate. The department was authorized to administer
public assistance, including general relief and aid to dependent chil­
dren, and to assume the duties and powers of the former State emer­
gency relief board, which was abolished. Administration o f mothers’
aid (see p. 25) was transferred to the new department from the State
department o f welfare. The department o f public assistance was

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

15

authorized to receive Federal funds for assistance, to supervise their
disbursement, and to cooperate with other agencies, including the
Federal Government, in projects for child welfare. [Ch. 399.]
County boards o f assistance appointed by the Governor with advice
and consent o f the senate were authorized. The boards consist of 11
members in counties o f the first and second class (Philadelphia and
Allegheny) and of 7 members in other counties. They were given
the powers and duties o f the local boards o f trustees o f the mothers’
assistance fund and the boards o f trustees of the pension fund for
the blind (which were both abolished as of January 1, 1938).
[Ch. 399.]
An employment board o f three members was created (appointed
by the Governor with advice and consent o f the senate) to provide
lists o f eligibles for appointment in the State department of public
assistance through competitive examination. [Ch. 395.]
The State department o f welfare was given supervisory responsi­
bility over the local authorities o f institution districts by the county
institution district law. This law, which repealed the numerous poor
laws and abolished the office of poor director, established an institu­
tion district in each county and in the cities o f Philadelphia and
Pittsburgh, to be managed by the commissioners o f the counties and
by the city departments o f public welfare. Administration o f relief
and care o f the, poor was made a responsibility o f these institution
districts, and the duties o f local authorities o f the institution districts
were stated. [Ch. 396.]
The State department of welfare was directed to classify the State
penal and correctional institutions and their inmates. [Ch. 373.]
Puerto Rico.

The social-welfare bureau of the insular department of health was
given the responsibility of administering chi Id-welfare activities, in­
cluding services for the protection and care o f homeless, dependent,
and abandoned children and children in danger o f becoming delin­
quent; encouraging development o f local child-welfare agencies;
cooperating with insular departments, institutions, and agencies,
juvenile courts, and public and private organizations rendering serv­
ice; to children; and cooperating with the Federal Government in
establishing, strengthening, and extending child-welfare services.
The department was authorized to administer Federal, insular, and
local funds made available for such purposes. [No. 76.]
Rhode Island.

The State unemployment relief commission was continued until
June 30,1939. [Ch. 2494.]
South Carolina.

A State department o f public welfare was created to succeed the
temporary department o f the same name. It was placed under a
board composed o f seven members elected by the legislature outside
its own membership, the chairman to be chosen from the State at
large and one member to be chosen from each congressional district.
The board was directed to select the State director of public welfare
and was given power in its discretion to create a State advisory coun­
cil of public welfare o f not more than 15 members. It was made the
duty o f the State department to supervise the administration by

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

16

CHILD-WELFARE LEGISLATION, 1937

county departments o f public-assistance grants, including aid to; de­
pendent children and general relief; to cooperate with the Federal
Government in the administration o f child-welfare services as pro­
vided in the Federal Social Security A ct; to investigate public and
private institutions and agencies concerned with the care, custodyr
or training of persons or with problems o f delinquency, dependencyy
or defectiveness. The State board was authorized to investigate and
approve charitable organizations applying to the secretary o f State*
for charters. State and county personnel must meet standards set.
by the State department. [No. 319.]
A department o f public welfare was established in each countyunder a board o f three members appointed by the State board or by
the State director on recommendation o f the county legislative dele^
gation. The county boards were authorized to create county advisory
councils o f not to exceed five members. The duties o f the countyboards were stated, including appointment o f a director, whose salary
is to be paid by the State department but may be increased by thecounty department from local funds. [No. 319.]
An act creating the Charleston County Public Welfare Board and
providing for its organization gave it the powers and duties specified
in the general law creating State and county departments o f public
welfare, also authority for allocation, disbursement, and expenditure
o f all' funds for aid to public health, safety, and welfare activities^
[No. 240.]
A law providing a system o f government for Darlington County
and repealing existing laws on the subject contained provision for a
county commission of public welfare appointed by the county board
o f directors. [No. 278.]
South Dakota.

The Social Security and Old Age Assistance Act o f 1937 created
a State department o f social security administered by a commission
o f five members appointed by the Governor. The director is also ap­
pointed by the Governor. The new department succeeded the State
department of public welfare and was vested with all the powersand functions o f that department (except services for crippled chil­
dren; see p. 69). The department was authorized to designate a local
office and appoint a director for each county (or group of two or morecounties) and other needed county personnel, also a county advisory
committee if deemed necessary. The commission was directed to fix:
standards and formulate salary schedules for all employees o f the
department. [Ch. 220.]
The State social-security commission was empowered to receive and
disburse Federal funds for child-welfare services and to conform to
Federal requirements for such aid under the Federal Social Security
Act. A division o f child welfare to carry out the provisions o f the
Federal Social Security Act relating to child-welfare services was
established in the new department o f social security. It was given
the functions o f the former State child-welfare commission and was;
authorized to develop satisfactory standards in public agencies and
private organizations caring for dependent, neglected, delinquent,,
or physically or mentally handicapped children; to undertake re­
search on child welfare; to secure enforcement o f the Uniform Ille­
gitimacy A ct; and to assist in enforcement of laws concerning depend
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

17

«ency, nonsupport, desertion, contributing to delinquency, child labor,
.and all other laws for the protection o f children. [Ch. 219.]
The new department was also charged with administration o f aid
to dependent children. [Ch. 221.]
Tennessee.

The Administrative Reorganization Act o f 1937 established a State
«department o f institutions and public welfare to replace the State
department o f institutions. The new department is administered by
a commissioner appointed by the Governor. [Ch. 33.]
The Welfare Organization Act o f 1937 vested in the State depart­
ment o f institutions and public welfare the powers and duties o f the
former State department of institutions and its commissioner, the
Tennessee Welfare Commission, and other State welfare commissions
(with specified exceptions). It was authorized to cooperate with the
Federal Government under the Federal Social Security Act (except
in unemployment compensation, maternal and child-health services,
public-health services, and services for crippled children) ; and to
administer and expend funds made available by the Federal, State,
and local governments for purposes within its jurisdiction, including
Telief o f needy citizens. It was charged with administration or super­
vision o f all public-welfare activities of the State, including opera­
tion o f the State institutions subject to its jurisdiction and all public
•child-welfare activities (except services for crippled children).
A m ong the activities specified are licensing and inspection of private
child-caring agencies and supervision and inspection o f local public
-agencies and institutions ; also supervision o f dependent and neglected
•children in foster homes or institutions, especially those placed for
adoption and those of illegitimate birth. For local administration
a maximum o f 14 regions was authorized, each consisting o f one or
more counties under a regional director appointed by the commis­
sioner. Duties to be performed by the regional directors were stated.
The department was directed to establish standards o f services to be
Tequired o f local governmental authorities under the social-security
program. [Ch. 48.]
The State department o f institutions and public welfare was also
•authorized to administer aid to dependent children, and the commis­
sioner was made chairman o f the new board o f pardons, paroles, and
probation. (See p. 51.) [Chs. 50, 276.]
A division o f personnel was created in the State department of
administration, and a merit system for the State government was
•established. [Chs. 33, 54.]
Texas.

The Public Welfare Act o f 1937 provided for a division o f public
welfare in the State board o f control, administered by an executive
•director appointed by the board, to succeed to the powers and duties
o f the division o f child welfare in the State board o f control and^ o f
the Texas Relief Commission. The board through this new division
was charged with administration or supervision of the public-welfare activities o f the State—including general relief, aid to dependent
•children, and child-welfare services— and was authorized to cooper­
ate with the Federal Government under the Social Security Act. It
was authorized to designate or establish local units o f administration

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

18

CHILD-WELFARE LEGISLATION, 1937

to serve as agents o f the division in counties (or in districts o f two
or more counties), and to establish standards and salary schedules
for all positions for the administration o f the act (except that o f the
executive director). Unpaid local boards o f public welfare to serve
in an advisory capacity to such units were authorized, and it was
provided that when these are established the existing county childwelfare boards shall be dissolved. [Ch. 435. Lack o f appropriations
prevented this law from going into effect in 1937.]
Counties and incorporated cities, towns, and villages were author­
ized to employ and pay case workers to investigate the needs o f appli­
cants for relief. [Ch. 271.]
Utah.

By amendments to the act o f 1935 creating the State department o f
public welfare the terms, o f members o f the State board o f public
welfare were lengthened and the power to appoint the director was
transferred from the Governor to the board. The department was
specifically authorized to administer1or supervise all forms o f public
assistance and welfare activities, including .general relief, aid to de­
pendent children, and aid in child-welfare activities ; to fix standards
o f service and salary schedules and hold examinations for positions
in the State or local departments ; also to cooperate with the Federal
Government and to make available and use—-directly or through the
State board o f health, the State board o f education, or other organi­
zation—the State funds required for receipt o f Federal funds fo r
public health, public-health nursing, vocational rehabilitation, ma­
ternal and child health, aid to crippled children, relief, and other
public-welfare purposes 5to promote enforcement o f all laws for pro­
tection o f mentally defective, illegitimate, dependent, neglected, or
delinquent children and to cooperate to this end with juvenile courts
and child-welfare agencies. [Ch. 88.]
The provision for optional establishment o f county boards by the
State board and for such organization and membership as the State
board and county commissioners deem advisable was superseded b y
a provision specifically creating a county department o f public wel­
fare in each county—or a district department in two or more coun­
ties—each with a board o f seven members composed o f one county
commissioner and six persons appointed by the board o f county
commissioners from a list submitted by them to the State board and
approved by it. The local boards were required to appoint the local
director from a State eligible list and to employ personnel with
qualifications prescribed by the State board. [Ch. 88.]
The licensing o f child-placing agencies was transferred to the State
department o f public welfare from the department of health. [Ch. 16.]'
Vermont.

The Governor was authorized to appoint a commission o f three
citizens to study conditions and needs o f State institutions under
supervision o f the State department o f public welfare and o f the'
entire welfare system o f the State and to report to him on or before'
September 1, 1937. For the expenses o f the commission there was
made available the unexpended balance o f an appropriation o f $1,000
to the house and senate legislative committees on State institutions
for study o f the conditions and needs o f the institutions under the?
State department o f public welfare and the State system o f parole*,
pardon, and probation. [Nos. 227, 327.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

STATE AND LOCAL WELFARE DEPARTMENTS

19

Washington.

A State department o f social security was created to succeed to the
powers and duties o f the State department o f public welfare, which
was abolished. The chief executive officer of the department is the
State director o f social security, appointed by the Governor with
consent o f the senate. The act established six divisions in the de­
partment, each under an assistant director, designated a supervisor,
appointed by the director. The director wras made responsible for
disbursement o f funds and administration o f services under the Fed­
eral Social Security Act, including aid to dependent children, services
for crippled children, and child-welfare services. He was directed
to perform through the division for children the duties that were
vested in the division o f child welfare o f the former department o f
public welfare. [Ch. 111.]
The State department o f social security was specifically made the
single State agency responsible for administration o f all the publicassistance programs of the State. Public assistance was defined to
cover the categories listed in the Federal Social Security Act, such
as aid to dependent chaildren, services for crippled children, and
child-welfare services, also general relief and other public-health,
medical, and welfare activities performed by the department and
by boards o f county commissioners, including aid to dependent chil­
dren away from their own homes, medical care, and hospitalization.
The board o f county commissioners was authorized to serve as the
county administrative agency o f public assistance and to employ an
administrator certified by the State department as eligible ; employ­
ment o f a single administrator , by two or more counties was au­
thorized. State and county advisory committees were provided for.
The State director was authorized to establish, with approval o f the
State advisory committee, a merit system for appointment to posi­
tions in the administration o f the act. [Ch. 180.]
A State institute o f child-development research and service was
created at the University o f Washington with a director appointed
by the board o f regents o f the university and an advisory board o f
not more than seven members appointed from the faculty by the
president o f the university. The objects o f the institute are dis­
covery o f the best scientific methods o f serving and developing the
child, dissemination o f information acquired by such investigations,
and training o f students for work in such fields. [Ch. 181.]
West Virginia.

An amendment to the Public Welfare Law of 1936 outlined pro­
cedure in case the condition o f county funds or o f county adminis­
tration o f that act endangers compliance with the requirements o f
the Federal Social Security Act for receipt o f Federal grants. [Ch.
The provision in the Public Welfare Law o f 1936 which included
among persons eligible for general relief those financially able to
maintain themselves under ordinary conditions but unable to provide
needed medical or surgical care, or treatment was stricken out. [Ch.
72.]
The Governor and the State departments were authorized to take
any proper and necessary action to enable the State to receive the


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

20

CHILD-WELFARE LEGISLATION, 1937

benefit o f Federal aid made available when the legislature is not
in session. [Ch. 94.]
Wisconsin.

An interim committee on reorganization was established, com­
posed o f members o f the legislature and a group o f State officials.
W ith approval o f this committee the Governor was authorized to
shift functions, divisions, boards, and bureaus o f the State govern­
ment, but any such transfer may be nullified if rejected by either
house o f the legislature within 10 day after it convenes. These pro­
visions expire on February 1, 1939. [Extra sess., ch. 9.]
Provision was made for transfer before January 1, 1939, o f cer­
tain functions o f the State board o f control to the new department
of mental hygiene (see p. 61) and to the new department o f correc­
tions (see p. 48). [Extra sess., ch. 9.]
The law on appointment of truant officers was amended to provide
that in the city o f Milwaukee welfare workers or attendance officers
shall have the legal authority and powers o f truant officers. (For­
merly 10 or more truant officers were specifically authorized.) [Ch.

102.]
Wyoming.

It was provided that the five elective State officers (Governor, sec­
retary o f State, auditor, treasurer, and superintendent o f public in­
struction) shall comprise the membership o f all State boards and
commissions upon which two or more such officers are now serving
under the statutes (except the board o f university trustees). [Ch.
62.]
The Public Welfare Act o f 1937 treated a new State department
o f public welfare to replace the former similarly named department
under a State board, composed as before o f the five elective State
officers, which appoints the director o f the department. The depart­
ment was authorized to supervise the administration by county
boards o f certain forms of public assistance and pùblic welfare, to
cooperate with the Federal Government as may be necessary to
qualify for Federal aid for welfare services, to provide services to
county governments, including organization and supervision of
county departments, and to establish standards and salary schedules
for employees o f the State and county departments. [Ch. 88.]
A county board o f five members was established for each county.
(Formerly its establishment was left to the discretion o f the boards
o f county commissioners.) O f the five members one is the superin­
tendent o f schools o f the largest city or town in the county, two are
appointed by the board o f county commissioners (at least one outside
its membership), one is appointed by the district judge, and qnë
by the State board. The duties o f county boards were specified, in­
cluding appointment of a county director in accordance with stand­
ards established by the State department, administration o f general
relief, aid to dependent children, and provision o f care for needy
children not in their own homes; also assistance to enable children
to take full advantage o f the laws in behalf o f dependent, neglected,
delinquent, and defective children ; and assistance in enforcement of
laws for protection o f children, restriction o f child labor, and pro­
motion o f wholesome recreation. [Ch. 88.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

AID TO DEPENDENT CHILDREN IN THEIR OWN HOMES
Twenty-eight States, Alaska, and Hawaii amended their laws au­
thorizing aid to dependent children in their own homes or enacted
new measures on the subject. In three o f these—Georgia, Pennsyl­
vania, and Texas—constitutional amendments to authorize State aid
were adopted. In one State—North Carolina—the new act was made
dependent on continuance o f Federal aid.
Alaska.

The Public Welfare A ct (see p. 1) provided that aid to dependent
children be administered by the new Territorial department o f pub­
lic welfare (formerly it was administered by the Governor). [Extra
sess., ch. 3.]
Arizona.

The Assistance to Dependent Children Act of 1937 provided for
aid to children under 16 years o f age, established a maximum monthly
allowance o f $18 for the first child and $12 for each additional child
in the same family, and vested administration in the new State board
o f social security and welfare. (See p. 2.) No maximum was stated
in the former law, which was administered by the State board o f
public welfare. [Ch. 72.]
Arkansas.

The law creating the State department o f public welfare (see p. 2)'
established a State-wide system o f aid to dependent children under
16 years o f age, amount o f aid not stated, administered by the new
county departments o f public welfare under supervision of the State
department. Conflicting provisions o f existing laws were repealed.
(The mothers’ pension law o f 1917 authorized the juvenile or county
courts to grant aid to a specified amount for children under 15 years!
o f age.) [Act 41.]
California.

The maximum age for eligibility for aid to dependent children
was increased to 18 years (formerly 16), and slight modifications
were made in the law as reenacted in the Welfare and Institutions
Code. (See p. 3.) [Ch. 369, amended chs. 389, 390.]
Connecticut.

Discretionary power to waive State residence requirements for
aid to dependent children as long as Federal aid is granted to tlm
State for such purpose was vested in the State public-welfare coun­
cil (formerly in the State board o f finance and control.) [Ch. 263.]
Delaware.

The law granting aid to dependent children was revised. Admin­
istration remained vested in the State mothers’ pension commission,
which was given new authority to establish minimum standards for
State employees administering this law. [Ch. 95.]
21

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

22

CHILD-WELFARE LEGISLATION, 1937

Florida.

The law creating the State welfare board (see p. 4) contained pro­
visions for aid to dependent children, maximum age and amount o f
assistance not specified. An appropriation for aid to dependent
children from the general revenue fund was included, but as this
fund was depleted provisions for aid to dependent children did not
go into operation in 1937. (The existing law authorizes aid to 16
years—to 18 for special reasons—with a maximum per month o f
$25 for one child and $8 for each additional child.) [Ch. 18285.]
Georgia.

Constitutional amendments proposed by the legislature authorizing
State and local provision for aid to dependent children (see p. 5)
were adopted at the election in June. (There was no existing law
authorizing aid to dependent children in their own homes.) [Sess.
Laws, pp. 1124, 1126.]
A law was passed providing aid to dependent children under 16
years o f age and vesting administration in the county or district
departments o f public welfare under supervision o f the new State
department o f public welfare. (See p. 4.) [Sess. Laws, p. 630.]
Hawaii.

The act creating the Territorial board of public welfare (see p. 5)
provided for aid to dependent children under 18 years o f age
(formerly no age limit was specified) and vested administration in
the county public-welfare commissions under supervision o f the new
Territorial board. (The county child-welfare boards, which formerly
administered aid to dependent children, were abolished.) [Sess.
Laws, p. 272.]
Illinois.

The law providing for aid to dependent children in their own
homes was amended to allow payment to a conservator appointed
for the mother. (Administration of aid is still vested in the juvenile
court or county court.) [Sess. Laws, p. 270.]
Kansas.

A id to dependent children under 16 years o f age was authorized
to be administered by the county boards o f social welfare under
supervision o f the new State board o f social welfare. (See p. 8.)
No maximum allowance was specified. The mothers’ aid law, au­
thorizing county commissioners to grant $50 per family per month
(or more under special circumstances) for children under 14, was
not specifically repealed. [Ch. 327.]
Maine.

The mothers’ aid law was repealed, and new provisions' were
enacted for aid to dependent children in their own homes. Admin­
istration, still vested in the State department o f health and welfare,
is through the municipal boards o f child welfare, which super­
seded the municipal boards o f children’s guardians. [Ch. 177.]
The State department after conference with the municipal board
is to decide the amount and character o f aid for each case. (F or­
merly the State department determined the allowance, which, how­
ever, could not exceed the amount recommended by the municipal
board.) [Ch. 177.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

AID TO DEPENDENT CHILDREN IN THEIR OWN HOMES

23

Maryland.

Amendments to the law providing for aid to dependent children
under 16 years o f age specifically authorized the board o f State aid
and charities to supervise local administration o f assistance, also to
grant aid to illegitimate children under the same conditions as to
other children, and legalized aid heretofore given to them. [Extra
sess., ch. 3.]
Michigan.

The act to create county departments o f public welfare (subject to
vote on November 8, 1938; see p. 9) contained provision for aid to
•dependent children to be administered by the new county departments
under supervision of the State department of public assistance. (The
existing law authorizes the probate courts to grant mothers’ aid
within specified limits.) [Ch. 258.]
Minnesota.

An act amending the law on aid to dependent children placed ad­
ministration (formerly vested in the juvenile courts) in the county
boards o f public welfare under supervision o f the State board of
■control. [Ch. 438.]
Missouri.

Provision was made for aid in their own homes to dependent chil­
dren under 16 years o f age, administered by the county social-security
commissions under supervision of the new State social-security
commission (see p. 10). Conflicting provisions were repealed. The
maximum allowance authorized by existing law was raised to $18 per
month for one child and $12 for each additional child in the same
borne. (The existing law vested administration in the juvenile court
o f Jackson County, the board o f children’s guardians o f St. Louis,
and the county court or superintendent o f welfare elsewhere. The
age limit was 14 years in St. Louis and 16 elsewhere.) [Sess. Laws,
p. 467.]
Montana.

The Public Welfare Act o f 1937 (see p. 10) repealed the mothers’
aid law and enacted new provisions authorizing aid to dependent
children under 16 years o f age without specifying maximum allow­
ances. Administration was vested in the county departments o f pub­
lic welfare under supervision o f the State department o f public wel­
fare. (Formerly the county commissioners had full responsibility
for administration, and the maximum for grants was stated.) [Ch.
82.]
.Nebraska.

Amendments to the 1935 law which provided for State aid to de­
pendent children in their own homes (based on the requirements of
the Federal Social Security Act) transferred administration from the
State assistance committee (which was abolished) to the State board
.of control. [Chs. 188, 191.]
An amendment to the mothers’ pension law (which provides for
«county aid, administered by the juvenile courts) increased the maxi­
mum allowance to $18 for one child and $12 for each additional child.
,[€h. 96.]
N ew Mexico.

The Public Welfare Act of 1937 included provisions for aid to de­
pendent children under 16 years o f age, incorporating definition and

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD-WELFARE LEGISLATION, 1937

24

residence requirements in accordance with the Federal Social Secur­
ity Act. Responsibility for its administration (previously vested m
the county commissioners and the former State bureau o f child wel­
fare) was vested in the new State department o f public welfare (see
p. 12). The new law contained no specified maximum for allowances^
A ll conflicting provisions were repealed. [Ch. 18.]
New York.

By amendment to the Public Welfare Law new provisions wereenacted authorizing aid to dependent children under 16. The eligi­
bility requirements were broadened to accord with the terms o f the*
Federal Social Security Act. Administration is still vested in the
local boards o f child welfare (which were continued) or is vested in
the commissioners o f public welfare, under supervision o f the StateDepartment o f social welfare. The former mothers’ aid law was
repealed. [Ch. 15.]
North Carolina.

The Aid to Dependent Children Act o f 1937, which repealed the
mothers’ aid law, authorized aid to dependent children under lfi
years o f age (formerly under 14), raised the maximum allowance to
$18 for one child and $12 for each additional child in the same home,
and vested supervision o f county-board administration in the State
board o f charities and public welfare, including the power to establish
minimum standards for State and local personnel employed in carry­
ing out the act. This act is to be ipso facto repealed in case o f
termination o f Federal aid.. [Ch. 288.]
North Dakota.

The A id to Dependent Children Act o f 1937 authorized aid to de­
pendent children under 18 years o f age, to be administered by the
county welfare boards under supervision o f the State public-welfare
board, which is also to establish standards for employees o f county
boards. The maximum allowance was raised to $18 for one child and
$12 for each additional child in the same home. (Formerly the age
limit was 15 years, and administration was vested in the county
commissioners.) [Ch. 209.]
Ohio.

The county administration was authorized, subject to regulations
o f the division o f public assistance, in the State department o f public
welfare, to provide medical, surgical, dental, optical, or mental exami­
nation and corrective or preventive treatment for any child or relative
responsible for the care o f a child receiving aid under the law provid­
ing for aid to dependent children. Estimates o f the health needs o f
the persons eligible for assistance are to be included in the county
administration’s annual budget for aid to dependent children. [H
544.]
L
Oregon.

Provision was made for administration of assistance to dependent
children by county relief committees under supervision o f the Staterelief committee. (Formerly administration was vested in the circuit
court o f Multnomah County and the juvenile courts elsewhere.! [Chi
OQQ

1


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

'

L

AID TO DEPENDENT CHILDREN IN THEtR OWN HOMES

25

Pennsylvania.

The constitutional amendment permitting appropriations for moth­
ers’ aid, duly passed by two successive legislatures (1935 and 1937) ,
was adopted at the election of November 7. [ J. Res. No. 3-A .]
The Public Assistance Law o f 1937 (see p. 14) made provision for
aid to dependent children under 16 years o f age (maximum allowance
not specified) to be administered by the local boards o f public assist­
ance under supervision o f the new State department o f public assist­
ance. (The former law, which was repealed, provided for administra­
tion by the county boards o f trustees o f mothers’ assistance— abolished
by the Public Assistance Law—under supervision o f the State welfare
department, and contained a maximum monthly allowance o f $18 for
one child and $12 for each additional child in the same home). [Ch.
399.]
South Carolina.

A law was enacted providing for aid to dependent children under
16 years o f age, not exceeding $15 monthly for one child and $10 for
each additional child in the same home, to be administered by the
county departments o f public welfare under supervision o f the new
State department o f public welfare. (There was no existing law au­
thorizing aid to dependent children in their own homes.) [No. 319.]
South Dakota.

A new law authorized aid to dependent children under 16 (no maxi­
mum amount specified), to be administered by the State department
o f social security (see p. 16), and repealed1the law providing for the
granting o f mothers’ aid to a stated maximum by the county -juvenile
courts. [Ch. 221.]
Tennessee.

The A id to Dependent Children Act o f 1937 provided for allow­
ances for children under 16 years o f age not to exceed $12 per month
for one child and $8 for each additional child in the same home. A d ­
ministration under supervision of the new State department o f insti­
tutions and public welfare (see p. 17) was vested in the regional direc­
tors o f the department with approval of the county judge (or judge of
the juvenile court) or o f the chairman o f the county in which the
applicant resides. (The existing law authorized $15 per month for
one child under 17 and $10 for each additional child under that age in
the same home.) [Ch. 50.]
Texas.

A proposal for a constitutional amendment authorizing the legisla­
ture to provide for State aid to destitute children under 14 years o f
age an amount not exceeding $8 per month for one child and $12 per
month for children o f any one family was passed by the legislature and
was adopted on referendum in August. [H. J. R. 26-A.]
State aid to destitute children under 14 years o f age, to be adminis­
tered by the division o f public welfare o f the State board o f control,
was provided for by the Public Welfare Act o f 1937 (which did not
go into effect because o f lack o f appropriations; see p. 18). (The
existing law authorizes counties to pay mothers’ aid for children
under 16, the aid to be administered by the county court.) [Ch. 435.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

26

CHILD-WELFARE LEGISLATION, 1937

Washington.

An act providing for aid to dependent children, vesting adminis­
tration in the State department o f social security (see p. 19) through,
its division for children, reenacted provisions o f the 1935 law on aid'
to dependent children and repealed both this and the earlier mothers’"
aid law (which had vested administration in the juvenile courts)>.
[Ch. 114.]
Wyoming.

The Public Welfare Act of 1937 (see p. 20) included provisions for*
aid to dependent children under 16 years o f age, placing jurisdic­
tion in the county department o f public welfare under supervision of*
the new State department o f public welfare. (The existing law, which
was repealed, authorized aid to children under 14 years o f age and!
vested administration in the county commissioners.) The maximum
allowances were limited to the amount toward which the Federal Gov­
ernment will contribute. [Ch. 88.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

DEPENDENT AND NEGLECTED CHILDREN
Measures io provide services and care for needy children other
than the relief provided ,by laws for financial aid to dependent Chil­
d s " 111 their own homes were enacted by 30 States, Alaska, Hawaii,
and Puerto Rico. In many o f them it was made the duty o f the new
departinent o f welfare to perforin child-welfare services and to co­
operate with the Federal Government therein. (For reference to
dependent and neglected children in new laws relating to State and
local welfare departments see pp. 1-20.)
Alaska.

Thè Public Welfare Act o f 1937 (see p. 1) directed the new Terri­
torial department o f public welfare to cooperate with the Federal
Government m child-welfare services and to receive and expend all
funds made available for such purposes by the Federal Government,
-lerritory, or its political subdivisions. [3d extra sess., ch. 3.1
• if' ^ as ™ade ~ e duty of the boards of children’s guardians to fur­
nish the department a copy of each commitment o f a child to anv
person, institution, or association. [Extra sess., ch. 6.]
J
Arizona.

The new State department o f social security and welfare (see t> 21
was charged with administration o f all child-welfare activities and
rch 6 9 ] rlZed to cooperate herein with the Federal Government.
Arkansas.

The new State department of public welfare (see p. 2) was author­
ized to administer or supervise all child-welfare activities and to co­
operate with the Federal Government in services for the care and pro­
tection o f homeless, dependent, and neglected children and children
m danger o f becoming delinquent. [Act. 41.]
An appropriation was made for maintenance and supervision o f
orphan, destitute, and delinquent minor children in orphan homes
and chdd-carmg institutions not owned nor operated by the State but
qualified and approved by the State board of public welfare as specined m the act. The funds are to be apportioned on a per capita basis
not exceeding $100 per child per year. [Act. 232.]
P
California.

autho™ n g p u b lic aid to needy children was reenacted in
^.e We Hare and Institutions Code (see p. 3). The age limit o f
¡^ 3 8 9 ^ 3 9 0 ] S raiSed t0 18

(f ° rmerly 16) ‘

I Ch- 369> amended

Connecticut.

.
^aws regulating placement o f children from another State
were made applicable to corporations placing children, and the State
commissioner o f welfare was authorized to require a bond from anv

efda7yearm [€h!1386.]CCePtÌng

^

Child during an^ cal"
27


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

28

CHILD-WELFARE LEGISLATION, 1937

Delaware.

An act defining dependent children and neglected children under 18
years o f age and declaring such children to be wards o f the State and
in need o f care and protection gave to the State board o f charities,
through its department or division concerned with child welfare,
duties relating to supervision, care, custody, board, and placement
o f such children. Funds were made available to the board for direct
use for such purposes. The board was authorized to utilize facilities
o f other child-welfare agencies rendering such services and to turn
necessarv amounts over to such agencies from funds appropriated
to it. [Ch. 98.]
The requirement that a bond be filed for each child brought into
the State for placement or adoption was removed from the law vesting
the State board o f charities with supervision over the importation o f
children. [Ch. 97.]
Georgia.

The Welfare Reorganization Act o f 1937 (see p. 7) authorized the
new State department o f public welfare to administer or supervise
all child-welfare activities o f the State and to cooperate with the Fed­
eral Government in establishing, extending, and strengthening services
for the protection and care o f homeless, dependent, and neglected chil­
dren and children in danger o f becoming delinquent. [Sess. Laws,
p. 355.]
Hawaii.

The act creating the Territorial board of public welfare (see p. 5)
defined dependent children to include minors under 18 years o f age,
also minors under 12 who if over 12 might be adjudged delinquent
children, and authorized the juvenile court to commit such children
to the welfare board or commission in the judicial circuit and to
provide for and obtain care and maintenance for such children.
Child-caring institutions and organizations were required to be licensed
by the Territorial board. [Sess. Laws, p. 272.]
The Territorial board o f public welfare was authorized to cooperate
with the Federal Children’s Bureau and perform necessary acts to
qualify under the Federal Social Security A ct for Federal funds for
child-welfare services. [Sess. Laws, p. 272.]
The Territorial board o f health was authorized to make regulations,
with the approval of the Governor, respecting hospitals, children’s
boarding homes, maternity homes, and convalescent homes. [Sess.
Laws, p. 37.]
Idaho.

An appropriation was made for the support o f indigent unmarried
mothers and their babies and indigent prospective mothers under 21
committed to the Salvation Army and cared for by it. [Ch. 87.]
Indiana.

Amendments to the Public Welfare Act o f 1936 authorized the
county departments o f public welfare to provide assistance for desti­
tute children under the age o f 16 years and defined a destitute child
(distinguished from a dependent or neglected child). [Ch. 41.]
Iowa.

The new State department of social welfare (see p. 6) was author­
ized to supervise through its subdivision o f child welfare all child
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

DEPENDENT AND NEGLECTED CHILDREN

29

welfare activities in the State and to cooperate with the Federal
Government in planning, establishing, extending, and strengthening
public and private services for the protection and care o f children
who are homeless, dependent, neglected, or in danger o f becoming
delinquent. [Ch. 118.]

9

Kansas.

The new State board o f social welfare (see p. 7) was authorized
to administer or supervise child-welfare activities and to cooperate
with the Federal Government therein. [Ch. 827.]
Maine.

The State department of health and welfare was authorized to coop­
erate through its bureau o f social welfare with the Federal Govern­
ment in child-welfare services. [Ch. 138.]
Missouri.

The new State social-security commission (seep. 11) was authorized
to administer or supervise all child-welfare activities and to cooperate
with the Federal Children’s Bureau in establishing, extending, and
strengthening child-welfare services for the protection and care o f
homeless, dependent, and neglected children and children in danger
o f becoming delinquent. . [Sess. Laws, p. 467.]
Montana.

The new State department of public welfare (see p. 10) was author­
ized to administer or supervise all child-welfare activities, except those
for which the State department of health is responsible, and to coop­
erate with the Federal Children’s Bureau therein. [Ch. 82.]
Nebraska.

The State board of control was authorized to pay an amount not
exceeding $30 per child per month for the maintenance of children
from the Nebraska Home for Dependent Children who are placed by
the board in private families or in boarding homes. (The former
maximum was $2 per child per week.) [Ch. 202.]
Nevada.

The State Welfare Act (see p. 11) authorized the State board o f
relief, work planning, and pension control to supervise all child-wel­
fare services as defined in the Federal Social Security Act and to
cooperate with the Federal Government therein. [Ch. 127.]
New Hampshire.

A

The new State department of public welfare (see p. 12) was vested
with responsibility for activities for children and for cooperation
with the Federal Government in carrying out the purposes o f the
Federal Social Security Act and in other child-welfare matters o f
mutual concern. [Ch. 202.]
Notice to the State board o f public welfare as to placing o f infants
under 3 years o f age was required for placement in free homes (fors merly only for placement in homes receiving compensation), but the
law was made applicable only if the placement is for a period o f
more than 30 days. [Ch. 105.]
New Mexico.

The Public Welfare Act o f 1937 (see p. 12) authorized the new
State department o f public welfare to administer and supervise all
68322— 38----- 3


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

3G

CHILD-WELFARE LEGISLATION, 1937

child-welfare activities and to cooperate with the Federal Government
in administering the provisions o f the Federal Social Security Act
relating to child-welfare services. [Ch. 18.]
New York.

The State department o f social welfare was designated the State
agency to administer child-welfare services under the Federal Social
Security Act and to receive Federal funds and disburse them to local
subdivisions. [Ch. 15.]
The provision o f the State Charities Law limiting to six the number
o f children in any boarding home was amended to authorize more
than six children to be received in such home if they are brothers and
sisters. The law requiring that boarding homes caring for more than
six children be licensed as unincorporated institutions was repealed.
[Ch. 804.]
The local commissioners o f public welfare were specifically author­
ized to provide care in boarding homes or institutions for destitute
minors between 16 and 18 years o f age who cannot be cared for prop­
erly in their own homes. [Ch. 411.]
North Carolina.

An appropriation to the State board o f charities and public wel­
fare was authorized for the purpose o f providing funds to maintain
in boarding homes needy and dependent children, including children
committed to the State board by the juvenile court. Children eligi­
ble for aid under the A id to Dependent Children Act (see p. 24)
are excluded from the benefits o f this appropriation. [Ch. 135.]
North Dakota.

The State welfare board was authorized to pay from State funds
an amount not exceeding $18 per month for children in the care o f
a licensed agency. [Ch. 209.]
Oklahoma.

A Santa Claus commission was created to list (with the cooperation
o f the Governor and the State board of public affairs) all orphans
in State and State-aided orphan homes and to purchase and dis­
tribute suitable Christmas presents to such children. An appro­
priation for such presents was made, and the board of public affairs
was authorized to receive and utilize gifts for the purpose. [Ch. 24,
art. 32.]
Provision was made for four placement supervisors to serve certain
State institutions, including homes for dependent children. (See p.
54.) [Ch. 26, art. 8.]
Oregon.

The State relief committee was authorized to cooperate with the
Federal Government in the administration o f child-welfare services
and to receive and disburse Federal funds for such purposes. (See
p. 15.) ¡[Ch. 264.]
State aid to child-caring institutions was increased to $16 per
month (formerly $14) for each dependent or neglected child over
5 years o f age; $20 per month (formerly $18) for each such child
under 5 years; and $16 (formerly $14) for each wayward girl be­
tween 12 and 18 years. ¡[Ch. 236.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

DEPENDENT AND NEGLECTED CHILDREN

31

Provision was made for obtaining jurisdiction in dependency pro­
ceedings over nonresident or unknown parents and parents not found
in the State. [Ch. 305.]
State-aided child-caring institutions were authorized to appeal to
the State board of control (whose decision is to be final) regarding
any child in the institution for whom the State child-welfare com­
mission has denied State aid. [Ch. 452.]
Puerto Rico.

The social-welfare bureau of the insular department of health was
given responsibility for child-welfare activities and for cooperation
with the Federal Government in the establishment, extension, and
strengthening of services for the protection and care of homeless,
dependent, and abandoned children and children in danger o f
becoming delinquent. [No. 76.]
South Carolina.

The new State department of public welfare (see p. 15) was au­
thorized to cooperate with the Federal Government in the adminis­
tration of child-welfare services as provided in the Federal Social
Security Act. [No. 319.]
The name of the Dr. John de la Howe Industrial School (for de­
pendent children) was changed to the John de la Howe School.
[No. 170.]
South Dakota.

The new State department o f social security (see p. 16) was au­
thorized to perform child-welfare activities through a child-welfare
division and to receive and disburse Federal funds made available
for such purposes. [Ch. 219.]
Tennessee.

The Welfare Organization Act of 1937 (see p. 17) authorized the
State department o f institutions and public welfare to administer or
supervise all child-welfare activities in the State and to cooperate
with the Federal Government in establishing, extending, and
strengthening services for the protection and care o f homeless, depend­
ent, and neglected children and children in danger o f becoming
delinquent. [Ch. 48.]
Texas.

A division o f public welfare in the State board o f control, author­
ized to cooperate with the Federal Children’s Bureau in the perform­
ance o f child-welfare services in conformity with the Federal Social
Security Act, was provided for by the Public Welfare Act o f 1937.
(See p. 17. Lack o f appropriations prevented this act from going
into effect during 1937.) [Ch. 435.]
It was made a felony to barter, sell, or exchange any child under
15 years o f age and a misdemeanor to offer or advertise such child
for barter, sale, or exchange. [Ch. 343.]
The State home for dependent and neglected children (at Waco)
was renamed the Waco State Home. [Ch. 375.]
Utah.

The power to license child-placing agencies was transferred from
the State board of health to the State department o f public welfare.
It was made a duty o f the department to adopt minimum standards

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

32

CHILD-WELFARE LEGISLATION, 1937

for child-placing agencies seeking a license. Transfer of permanent
care or custody of children under 16 years o f age except to a relative
within the second degree or to or by a licensed agency was prohibited
except on court order. [Ch. 16.]
Washington.

The new State department o f social security (see p. 19) was
authorized to cooperate through its division o f children with the
Federal Children’s Bureau in child-welfare services under the Social
Security Act. [Ch. 114.]
West Virginia.

The State department o f public assistance was authorized on ap­
proval o f the State advisory board to maintain assembly institutions
for the temporary care, maintenance, and training of children and
other persons needing institutional care and protection. [Ch. 73.] .
Wyoming.

The home for orphans and dependent children in Natrona County
was designated the State children’s home. [Ch. 25.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

ADOPTION AND CHANGE OF NAME
Laws regulating adoptions were enacted for seven States and the
District o f Columbia. One of the seven (Tennessee) and an eighth
State (New Mexico) passed measures relating to change o f name.
(Laws relating to birth records of adopted persons are summarized
on p. 36. For reference to adoption in new laws relating to State
and local welfare departments, see pp. 1-20.)
California.

Annulment o f adoption was authorized in cases in which a child
shows evidence, after the decree of adoption, of feeble-mindedness,
epilepsy, or insanity. [Ch. 366.]
Delaware.

The law regulating adoptions was reenacted, and new provisions
were included, authorizing consent by the State board o f charities in
lieu o f parent or guardian under certain conditions, defining an aban­
doned child for whom parental consent to adoption is not required, and
providing that during the 1-year period before the final decree is;
issued the State board of charities shall visit the child as often as it
deems necessary (formerly at least once every 3 months) and that on
recommendation o f this board the court may waive the 1-year period
before issuance of final decree if prior to filing of the petition the child
has lived a year or more in the petitioner’s home. The clerk of the
court that decreed the adoption is to mail a certified copy of this action
together with certain other information to the State board of charities.
[Ch. 187.]
District o f Columbia.

A revision o f the adoption law passed by Congress provides for
petition to the district court and adds new provisions requiring in­
vestigation by the board of public welfare (unless already made by
an agency approved by the 6ourt) if the person to be adopted is under
21 years of age, a report to the court within 60 days, 6 months’ residence
in the petitioner’s home before final decree, privacy of court records,
and notice o f final decree to the bureau of vital statistics. This bureau
is to make a new birth record and to seal the old one, which thereafter
is to be opened only on court order. [Public No. 370, 75th Cong., 1st
sess.]
New Hampshire.

Probate judges were authorized to order an investigation and report
by a probation officer as to petitions for adoption or appointment o f
guardian for minors under 18. [Ch. 143.]
New Mexico.

Persons over the age o f 14 years (formerly adults only) were author­
ized to petition the district courts for change of name. [Ch. 162.]
33


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

34

CHILD-WELFARE LEGISLATION, 1937

North Carolina.

The requirement o f actual residence o f 1 year in the State for chil­
dren to be adopted was limited to children born outside the State.
[Ch. 422.]
South Dakota.

It was made the duty o f the clerk of a court decreeing adoption to
forward a certified copy of such action within 10 days to the director
o f vital statistics. [Ch. 13.]
Tennessee.

The filing o f petitions for adoption and change o f name by nonresi­
dents (formerly limited to residents of the State) was authorized in
cases o f children placed for adoption by or through an institution or
agency. The written consent o f such institution or agency was re­
quired [Ch. 310.]
Texas.

Parental consent to adoption was made unnecessary in certain cases
o f abandonment or desertion. The consent o f the judge o f the juve­
nile court, if there is such a court, otherwise of the judge of the county
court, was declared sufficient. [Ch. 490.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILDREN BORN OUT OF WEDLOCK
Five States enacted measures for the benefit o f unmarried mothers
and o f children born out o f wedlock. In addition, some o f the new
laws relating to State and local welfare departments (see pp. 1-20)
gave these departments responsibility for such children. (Laws relat­
ing to birth certificates of such children are summarized on p. 86.)
Idaho.

An appropriation was made for the support o f indigent unmarried
mothers and their babies and indigent prospective mothers under 21
vears o f age committed to the Salvation Army and cared for by it.
[Ch. 87.]
Maryland.

Children o f illegitimate birth were specifically included in the law
providing for aid to dependent children. (See also p. 23.) [Ch. 39.]
New York.

Care in their own homes for children born out o f wedlock was made
a responsibility o f towns and cities. Formerly the counties were re­
sponsible. (Relief that cannot be provided for such children in their
own homes remained a county responsibility.) [Ch. 411.]
North Carolina.

Proceedings for the establishment of paternity, formerly brought
before any court (including juvenile and domestic-relations courts)
inferior to the superior courts, were limited to superior courts, county
or city recorder’s courts, and municipal courts. [Ch. 432.]
Failure to support an illegitimate child under 14 years of age (form ­
erly 10) was made a misdemeanor. [Ch. 432.]
Oregon.

Privacy o f hearings was authorized in trials for the establishment
of paternity. [Ch. 324.]
35


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

BIRTH CERTIFICATE
Laws relating to birth records were passed by 13 States and the
District o f Columbia. In 10 o f these States and in the District of
Columbia the change affects records o f adoption or records o f illegiti­
mate births. For provisions regarding records in the new adoption
laws o f Delaware and the District of Columbia see page 33.
Connecticut.

The provision for issuance o f abbreviated birth certificates in cases:
o f adoption was repealed. [Ch. 84.]
Idaho.

v Provision was made for filing with the State bureau o f vital statis­
tics certificates o f adoption decrees and affidavits o f legitimation of
children by the subsequent marriage o f the parents, also for the issu­
ance o f new birth certificates with no indication o f adoption or legiti­
mation. [Ch. 139.]
Illinois.

Provision was made for issuance o f new birth certificates after
decrees o f adoption, and the form was specified. It was provided that
no copy o f a birth certificate shall indicate adoption, legitimacy, or
illegitimacy. [Sess. Laws, p. 1006.]
Kansas.

The State registrar o f vital statistics, who is charged with keeping
records o f illegitimate births, was directed to complete the files and
records thereof since the creation (1911) of the central division o f
vital statistics. [Ch. 277.]
Maryland.

The State registrar was directed to make a new birth certificate
upon satisfactory proof o f the subsequent intermarriage o f the
parents o f an illegitimate child or o f a court order relating to parent­
age or adoption. The original certificate and all papers pertaining
to the new certificate are to be placed under seal and opened only on
order o f court or on written order o f the State registrar. It was
made the duty o f the clerks o f the equity courts to transmit a report
o f each decree o f adoption or adjudication o f paternity and o f each
revocation of any such decree to the bureau o f vital statistics o f the
State department o f health. [Ch. 49.]
Massachusetts.

The law providing for privacy o f certain birth records and pro­
hibiting transmission o f such records to the town o f residence o f the
parents was amended to apply also to records of birth o f children o f
abnormal sex. [Ch. 78.]
Oregon.

The State board o f health was authorized to issue without charge
abbreviated birth certificates for children entering school or applying
for work permits, and for similar uses. (See p. 80.) [Ch. 400.]
36

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

BIRTH CERTIFICATE

37

Pennsylvania.

The legislature further regulated the contents o f birth and death
certificates and provided that certified copies of birth records o f
illegitimate children are not to be issued except to the child or the
mother or on court order. [No. 103.]
South Dakota.

It was made the duty o f the clerk o f a court decreeing adoption to
send a certified copy o f such action within 10 days to the director of
vital statistics. [Ch. 13.]
Tennessee.

Provision was made for a system o f recording the births that oc­
curred in the State prior to January 1914. The records are to be
under the immediate supervision o f the division o f vital statistics
o f the State department o f public health. The division o f public
welfare o f the State department o f institutions and public welfare
is to cooperate in maintaining the records. [Ch. 260.]
Texas.

The requirement that birth certificates indicate whether the birth
was legitimate or illegitimate was repealed, also the provision that
the name o f the father o f an illegitimate child shall not be given on
birth certificates. [Ch. 480.]
Vermont.

The law requiring the clerk o f the town in which the births occur
to transmit certified copies o f the birth records to the clerk o f the
town o f the parents’ residence was amended to except records o f il­
legitimate births. The register o f the probate court was required to
send a certificate o f each order granting, vacating, or avoiding adop­
tion, and o f each change o f name granted by the court, to the clerk
o f the town in which the birth occurred, to be filed with the original
birth record. Provision was made for obtaining and recording birth
certificates for persons born in the State for whom no certificate
has been filed or recorded. [No. 67.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

MARRIAGE
The minimum marriage age for one or both parties was raised in
the District of Columbia, Hawaii, and three States—Florida, Rhode
Island, and Tennessee. A waiting period between application for
marriage license and its issuance was required in the District o f Colum­
bia and four States—Illinois, Maryland, Tennessee, and West V ir­
ginia— and between issuance o f a license and solemnization o f the
marriage in New York. Measures relating to health certificates of
applicants were enacted in Puerto Rico and in five States—Illinois,
Michigan, New Hampshire, Oregon, and Wisconsin.
Delaware.

It was made unlawful to advertise within the State the perform­
ance o f marriage in another State. [Ch. 185.]
District o f Columbia.

The minimum age for marriage was raised to 18 years for males and
16 for females (formerly 16 for males, 14 for females). A 3-day
period was established between date of application for a marriage
license and its issuance. [Public, No. 265, 75th Cong., 1st sess.]
Florida.

The issuance o f a marriage license was prohibited to any male
under 18 years of age or any female under 16 with or without parental
consent unless the applicants are parents or expectant parents. (For­
merly the minimum age was 14 years for boys and 12 for girls, but
parental consent was required for all persons under 21.) [Ch. 18021.]
Hawaii.

The minimuih marriage age for girls was raised to 16 years (for­
merly 15). [Sess. Laws, p. 154.]
Illinois.

Application for license to marry was required to be made at least 3
days and not more than 30 days before issuance of such license. [Sess.
Laws, p. 908.]
A physician’s certificate that both parties are free from venereal
disease, based on physical examination and laboratory tests made
within 15 days before date o f issuance of the marriage license, was
made a prerequisite for such license. [Sess. Laws, p. 910.]
. Maryland.

A waiting period o f 48 hours between application for a marriage
license and its issuance was made compulsory except on court order
waiving this requirement. Clerks of the court were forbidden to make
public the fact o f application until after issuance o f the license.
[Ch. 91.]
Michigan.

A physician’s certificate that both parties are free from venereal
disease, based on a physical examination and laboratory tests made
38

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

BIRTH CERTIFICATE

39

within 15 days prior to application for marriage license, was made a
prerequisite to issuance o f such license. [No. 207.]
Minnesota.

Amendments to the marriage and divorce laws specifically pro­
hibited marriage o f persons under 15 years o f age and declared mar­
riages solemnized within the State to be absolutely void if either or
both parties are under 15. [Ch. 407.]
New Hampshire.

A physician’s statement that both parties are free from syphilis in a
stage likely to become communicable, based on laboratory tests made
within 30 days, was required to be filed with every application for a
marriage license. The act is to take effect October 1,1938. [Ch. 186.]
New York.

A 72-hour interval was required between issuance o f a marriage
license and solemnization of the marriage, but provision was made
authorizing a court to waive this requirement for specified reasons,
and also authorizing the -children’s court to permit the immediate
marriage o f a girl between 14 and 16 years of age, under certain
conditions. [Ch. 294.]
North Dakota.

Marriage o f a minor under the supervision or custody of a juvenile
court or a State training school without an order from the court or
the superintendent of such school was prohibited and made subject
to annulment. Aiding, abetting, or encouraging such a marriage was.
declared a misdemeanor. [Ch. 158.]
Oregon.

A new law subject to vote at the next election (1938) requires both
parties (formerly only the man) applying for marriage license to
present a physician’s sworn certificate that he finds them free from
contagious or infectious venereal disease, epilepsy, feeble-mindedness,
insanity, drug addiction, or chronic alcoholism. (Formerly only
venereal disease was covered by certificate.) In case a physician de­
cides than an applicant is ineligible for a marriage license he shall
delay issuance o f the health certificate and refer the matter for study
and examination to a committee appointed by the State board o f
eugenics. Appeal may be taken to the circuit court in case o f refusal
o f license on the basis of the committee’s finding. [Ch. 434.]
Puerto Rico.

The marriage o f persons with certain mental abnormalities or trans­
missible diseases was prohibited; medical certificate showing freedom
from such condition was required o f both applicants to a marriage
license; and annulment was authorized if marriage o f such persons is
contracted. [Ch. 133.]
Rhode Island.

The minimum age for marriage was raised to 18 for males and 16
for females (formerly 14 for males, 12 for females) but issuance of
licenses to persons under these ages was authorized when permission
is obtained from the domestic-relations court after certain procedure,
including investigation and report by the State department o f
public welfare. [Ch. 2504.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

40

CHILD-WELFARE LEGISLATION, 1937

Tennessee.

A new marriage law included provisions prohibiting the issuance
o f a marriage license to persons under 16 years o f age (formerly 14
for males, 12 for females) and requiring a 3-day period between ap­
plication for a license and its issuance. Both restrictions may be
suspended on order of the judge or chairman o f the county or pro­
bate court or the judge o f the juvenile court. [Ch. 81.]
West Virginia.

A 3-day waiting period was required between application for mar­
riage license and its issuance. Court order waiving this period was
authorized. [Ch. 124.]
Wisconsin.

A n amendment to the marriage law requires both parties (formerly
only the man) to present a medical certificate, issued within 15 days
prior to the application for license, showing freedom from syphilis..
[Ch. 311.]
. .
The district attorney was empowered to file objection to issuance
o f a marriage license. (Formerly only specified relatives had this
power.) [Ch. 184.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

OFFENSES AGAINST MINORS
Legislation relating to offenses against minors was enacted in a
number o f States.
Laws regulating the sale or gift o f intoxicating liquors to minors
and the presence o f minors in places where such beverages are sold
were enacted in Alaska and in seven States:
Alaska [Ch. 78]
Delaware [Ch. 249]
Idaho [Ch. 44]
Maine [Chap. 90]

New Jersey [Ch. 185]
New Mexico [Ch. 130]
North Carolina [Ch. 49]
Pennsylvania [No. 346]

Changes in the law concerned with kidnaping and related o f­
fenses, in most cases increasing the penalty prescribed, were enacted
by 10 States:
Arkansas [Acts 20, 134]
Colorado [Ch. 131]
Georgia [Sess. Laws, p. 489]
Idaho [Chs. 15-17]
Nevada [Ch. 59]

New Hampshire [Ch. 20]
New Mexico [Ch. 81]
Ohio [H. 44]
South Carolina [No. 106]
South Dakota [Ch. 95]

Eleven States enacted laws (summarized below) to protect minors
from physical or moral injury by declaring that certain acts that
cause or might cause such injury are statutory offenses or by increas­
ing the penalty for such acts.
California.

The maximum punishment for certain sex offenses against minors
under 14 years o f age was increased. [Ch. 545.]
Colorado.

Injunction was authorized for the violation or threatened violation
o f the law prohibiting distribution, publication, or sale o f obscene
books, prints, and the like; and the penalty for their sale or distribu­
tion was increased. [Chs. 132, 183.]
Delaware.

It was made a misdemeanor for any person to make false charges
against a minor for the purpose of having such minor committed to
a reformatory. [Ch. 203.]
Nebraska.

A clarifying change was made in the law relating to contributing
to the delinquency or dependency of a child who is delinquent or de­
pendent as defined by existing law; and a new law made it a mis­
demeanor to encourage, cause, or contribute to delinquency or
dependency o f a child under 18 so that the child becomes or will tend
to become delinquent or dependent. [Ch. 97.]
41


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD-WELFARE LEGISLATION, 1937

42
New Hampshire.

The new juvenile-court law (see p. 45) made contributing to de­
linquency o f a minor an offense and established a penalty o f $500
fine or imprisonment o f not more than 1 year, or both. The law
authorized probation or suspended sentence or release before trial
on bond conditioned on the promotion o f the future welfare o f the
child. [Ch. 152.]
New York.

An amendment to the Penal Law made persons o f any age (formerly
over 18) liable for carnal abuse o f a child between 10 and 16 years
o f age. [Ch. 691.}
North Carolina.

Tattooing a person under 21 years o f age was declared a misde­
meanor. [Ch. 112.]
North Dakota.

Contributing to delinquency or dependency of a minor was made
a misdemeanor. [Ch. 157.]
Texas.

It was made a felony to barter, sell, or exchange any child under
15 years o f age and a misdemeanor to offer or advertise such child
for barter, sale,1or exchange. [Ch. 348.]
Vermont.

It was made unlawful to sell or give tobacco in any form to a minor
under 17 except on written order or consent of parent or guardian.
(Formerly cigarettes were excepted, and the prohibition applied only
to minors under 16). [Ch. 213.]
Certain sex offenses against children under 16 years o f age were
made punishable by imprisonment in the State prison of not less than
1 year nor more than 5 years. [Ch. 211.]
Washington.

The law relating to sex offenses was made more strict.


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

[Ch. 74.]

d e l in q u e n c y a n d j u v e n il e co u r ts

Legislation affecting young offenders and
York
was enacted in 26 States, Hawaii, and Puerto Rico In^ New Y
,
Rhode Island and Puerto Rico commissions weie established tor
jmecified ^purposes, including the study o f questions involving the
treatn^nt^and°care o f juvenile delinquents; m Michigan a childguidance institute was established for similar purposes. A n
fuvenile court was created in Alabama. A new family court was
authorized for Philadelphia, Pa., but the law was held unconstitu­
tional. (F or mention of delinquency m new laws relating to State
and local welfare departments, see pp. 1-20.)
A tta in .
created for Jackson County, the judge to be
a n n o X d by the Governor from a list o f three eligible persons subE d jointly by the county board o f education and the county childxppIfare board. [1936-37 extra sess., No. 135.J
The courts exercising criminal jurisdiction in Montgomery U ouny
were given discretionary power to transfer to the juvenile and domes­
tic-relations court for treatment as juvenile delinquents minors be­
tween the ages of 16 and 18 years charged with crime before such
courts. The powers of the advisory board o f the juvenile and domes­
tic-relations court were restricted. [1936-37 extra
13¿ ’j untv
The salary o f the judge of the juvenile court for Mobile County
was increased. [1936—37 extra sess., No. 21.]
The juvenile-court department attached to the attorney general s
office w C transferred to the State department of public welfare.
[Act 41.]
C The Welfare and Institutions Code (see p. 3) includes a chapter
reenacting the juvenile-court law with slight modification, I he
j u v S court was authorized to order medical care and surgical
attention for a person concerning whom a petition has been filed, if
there is no parent or guardian capable or willing to authorize such
action. [Ch. 369.]
A law restating the authority of the juvenile courts for Kent an
Sussex Counties and for Wilmington and New Castle County specified
exclusive legal jurisdiction over classes heretofore under their juris
tion (including3 also dependent children, who had been removed from
the jurisdiction of the court o f Wilmington and New Castle County in
1935). The new law specifically stated that this jurisdiction should no>
affect the jurisdiction of the court o f general sessions and the orph
court and3 the authority o f the State board of chanties and other
43


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

44

CHILD-WELFARE LEGISLATION, 1937

agencies administering services with respect to the supervision, care,
r^Si
})0ard and placement o f dependent and neglected children.
[Ch. 205.]
The judge o f the juvenile court for Kent and Sussex Counties was
authorized to establish the salary for probation officers, not exceeding
a total o f $1,800 annually. (See p. 51.) [Ch. 204.]
Hawaii.

The death penalty was prohibited for minors under 18 years o f
age at the time o f conviction. [Sess. Laws, p. 161.]
Illinois.

An act making an appropriation to the State department o f welfare
tor specified purposes included an item for salaries and other expenses
tor organizing groups to aid in the prevention and reduction o f
juvenile delinquency. [Sess. Laws, p. 150.]
Indiana.

An additional method was provided for review by the appellate
court and the supreme court o f judgments and orders o f trial courts,
including juvenile courts.
Details o f procedure were stated.
[Ch. 76.]
The judge o f any court in which a petition for divorce, temporary
separation, or annulment involving minor children has been filed
was authorized to request the judge o f the juvenile court to refer the
matter to a probation officer, who is to investigate and report to the
judge making the request. [Ch. 298.]
An amendment to the law creating a juvenile court in Marion
County (containing Indianapolis) raised the qualifications for eligi­
bility for election as judge of such court, empowered the judge to
appoint two or more juvenile referees with specified qualifications
(one to have the same qualifications as the judge, one to be appointed
from that élément o f the population which provides the greatest per
capita case load o f such court), and authorized the judge to fix
their salary, which is not to exceed $4,000 per year for any referee.
[Ch. 298.]
Kansas.

The prohibition on imposing the death penalty for persons under
18 years o f age was extended to those who were under 18 when the
crime was committed. [Ch. 210.]
Maine.

Technical changes were made in the provisions for commitment o f
minors by municipal courts to conform to the 1933 law which ex­
tended the jurisdiction o f these courts to minors under 17 years o f
age. [Ch. 197.]
J
Maryland.

The compensation o f the magistrate for juvenile cases in Wash­
ington County was increased. [Ch. 432.]
Michigan.

The Michigan Child Guidance Institute was created to inquire into
the causes o f child delinquency - to improve the method o f treatment
o f delinquent, neglected, and defective children; and to coordinate
the work o f public and private agencies in examining and caring
for such children. The regents o f the University o f Michigan were

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

DELINQUENCY AND JUVENILE COUNTS

45

constituted the board o f trustees. Any person under 21 years o f age
may be admitted to the institute for examination. Its facilities are
to be available to hospitals and institutions receiving State funds and
to juvenile courts. Any public official, school teacher, or other
responsible individual may refer children for examination. [No.
285.]
It was provided that a person held to be a delinquent child before
attaining the age o f IT years and made a ward o f the court may in
the discretion o f the court remain a ward until 19 years o f age, during
which time the court may exercise such control and make such orders
as it makes in the case o f any juvenile delinquents, except that such a
child may not after attaining IT years be committed to an institution
nor confined in the place o f detention provided by counties for chil­
dren under IT. (Juvenile-court jurisdiction beyond IT years of age
previously covered only wayward minors.) [No. 298.]
Minnesota.

Amendments to the juvenile-court law provided for notice to the
State board o f control and report by it before final order o f commit­
ment o f children to the board or to the State public school; provided
for payment by the county for medical care and treatment ordered
by court; and added details as to cost of proceedings concerning a
child who is a resident of another county. [Extra sess., Ch. T9.]
Nebraska.

To encourage, cause, or contribute to delinquency or dependency so
that a child under 18 becomes or will tend to become delinquent or
dependent was made a misdemeanor. Formerly the law covered only
cases in which the child was already dependent or delinquent.
[Chs. 95, 9T.]
New Hampshire.

The law providing for concurrent jurisdiction in municipal and
justice courts over dependent and delinquent children under IT years
o f age was repealed, and a new juvenile-court law was enacted vest­
ing in municipal courts exclusive original jurisdiction over cases of
delinquent and neglected children under 18, with continuing jurisdic­
tion to 21 years o f age. Authority was given to transfer to the su­
perior court cases o f offenses that would constitute felony if com­
mitted by an adult. Provisions were included requiring investigation
o f the home conditions and history o f the child and the circumstances
o f the offense charged and authorizing physical and mental examina­
tion i f necessary. The court was empowered to order physical or
mental treatment of children before it and to commit feeble-minded
or insane children to a State institution. Contributing to delin­
quency was made a statutory offense, and the penalty was stated.
[Ch. 152.]
New Mexico.

A juvenile-court attorney was authorized for each judicial district.
This officer is to represent the district in all matters relating to delin­
quent, dependent, and neglected children and to persons who contrib­
ute to such delinquency, dependency, or neglect; m truancy cases; and
in all other matters arising in the juvenile court; also to represent in
his district the State health department and the State child-welfare
68322— 38---- 4


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

46

CHILD-WELFARE LEGISLATION, 1937

bureau (replaced by the State department o f public welfare; see p.
12) in all matters involving the public-health and welfare laws o f the
State. Unless otherwise provided the district attorneys are to be
the juvenile-court attorneys and are to receive additional salary for
such additional services. [Ch. 149.]
New York.

A joint legislative committee was created to investigate existing
facilities, public and private, for the care and treatment o f children
under the jurisdiction o f children’s courts and o f minors 16 to 18
years of age under the jurisdiction of other courts and the advisa­
bility o f changes in the present method o f dealing with the latter
group. The committee was directed to report to the legislature on
or before April 1, 1938. An appropriation was made available. [Ch.
900, p. 2043.]
Specific authorization was given to permit children alleged to be
neglected or physically handicapped and children required as wit­
nesses to be brought into the courtroom o f the New York City domes­
tic-relations court on direction o f the presiding judge. Support orders
were authorized for minors to IT years o f age (formerly to 16 only),
and authority was given for issuance o f support orders for minors
over 17, not only in case o f continuing physical or mental disabilities,
but also in other exceptional circumstances. Some changes were made
in details o f procedure. The act is to take effect October 1, 1938.
[Ch. 726.]
North Carolina.

Provision was made for an assistant judge o f the domestic-relations
court o f Mecklenburg County and also for an assistant judge o f the
juvenile court of this county. [Chs. 251, 268.]
North Dakota.

Contributing to delinquency or dependency of a minor was made
a misdemeanor. [Ch. 157.]
Ohio.

A revision and codification o f the juvenile-court laws included some
new provisions. A juvenile court within the probate court, presided
over by the probate judge, was established in each county that has
no independent juvenile court nor court o f domestic relations; the
definitions o f dependent, neglected, and delinquent children were
modified; and the jurisdiction of the court was widened to include
exclusive original jurisdiction over crippled children, wayward chil­
dren, and children who have violated a Federal law, and over persons
over 18 charged with an offense committed while under 18 years o f
age; jurisdiction to determine custody o f a child not a ward o f another
court; concurrent jurisdiction in cases for the establishment of pater­
nity and in divorce and alimony actions involving care and custody
of children; also jurisdiction concerning care, custody, and support
o f children certified by another court after a divorce has been granted
by such other court. Hearings are to be without a jury and in the
discretion of the judge may be conducted in an informal manner. The
public is to be excluded. [S. 268.]
Pennsylvania.

An act held unconstitutional on July 7, 1937 (Margiotti v. Sutton,
193 A. 250) authorized establishment o f a family court for Philadel
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

DELINQUENCY AND JUVENILE COUNTS

47

phia County, with four judges elected for a 10-year term. The court
was to be given exclusive jurisdiction (vested in the municipal court
o f Philadelphia) over actions and proceedings involving delinquent,
neglected, and dependent children under 16; children under 21 suf­
fering from epilepsy or nervous or mental defect; contributing to
delinquency, dependency, or neglect; appointment o f guardians of
children before the court as delinquent, dependent, or neglected;
nonsupport and desertion; custody; disorderly children and certain
wayward minors 16 to 21 years o f age; establishment o f paternity;
streetwalkers o f any age; and concurrent jurisdiction with the
orphans’ court over adoption o f persons under 21. Details of organ­
ization of the court and of procedure were stated, including provi­
sions relating to probation. [No. 107.]
Puerto Rico.

A critical survey o f the administration o f justice was authorized
to be made through the University of Puerto Rico, a report to be
presented at the next regular session of the legislature. Among fields
to be covered are the organization and operation o f juvenile courts
and the program for the treatment and prevention of criminality.
[No. 88.]
Rhode Island.

A juvenile-court commission was created for a term ending May
31, 1938, to be composed o f 10 citizens appointed by the Governor
from nominations by specified groups. The commission was directed
to study the laws affecting juveniles in the State, to consider trans­
ferring the jurisdiction o f the present juvenile courts to the domesticrelations division o f the superior courts, and to consider the establish­
ment of one juvenile court for the entire State. It was directed to
report to the general assembly at its 1938 session and to present a
revision o f all laws affecting the juvenile courts in the State. [Ch.
2508.]
South Carolina.

Modifications o f the act creating a domestic-relations court in
Charleston County increased the court’s jurisdiction to include per­
sons charged with interfering with the marital relations between a
husband and wife and persons whose presence is necessary to the
proceedings, and authorized the court to hear and determine without
a jury matters over which it has equity jurisdiction, including support,
custody, and separation. [No. 61.]
Tennessee.

The board of visitors and supervisors of the Memphis juvenile court
was abolished, and its duties were transferred to the city council.
The council was authorized to assign the conduct and operation o f
this court to the department o f the municipal government it deems
advisable and to impose on the commissioner of such department duties
and responsibilities for the efficient operation o f such court. [Private
Acts, No. 490.]
Texas.

A minimum age o f 10 years was included in the definition o f de­
linquent child. [Ch. 492.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

48

CHILD-WELFARE LEGISLATION, 1937

A juvenile board was authorized for counties o f 220,000 to 320,000
inhabitants (Bexar County, containing San Antonio), with power to
approve and supervise probation officers and superintendents o f all
institutions and other places used chiefly by the county for training,
education, support, or correction of juveniles. [Ch. 46.]
Vermont.

The juvenile jurisdiction formerly vested in both justice and mu­
nicipal courts was restricted to municipal courts; in counties in
which there is no municipal court the Governor was authorized to
designate one justice o f the peace as a special justice to hear cases
under the juvenile-court law. [No. 135.]
Notification to the State probation officer by the juvenile court im­
mediately on the filing o f a petition concerning a dependent, neglected,
or delinquent child was made compulsory ( formerly optional with the
court). [No. 136.]
Washington.

In place o f the authorization for trial by jury in juvenile-court cases
a provision was substituted directing that all cases be tried without a
jury. [Ch. 65.]
Wisconsin.

A State department o f corrections was created and given manage­
ment and control of all State reformatories and correctional institu­
tions, certain powers over local jails, responsibility for aftercare and
community supervision of all delinquents and—within the limits of
appropriation— for prevention o f delinquency and crime. By Janu­
ary 1, 1939, all powers and duties o f the State board o f control and
other State agencies relating to reformatories or corrections are to
be transferred to the new department. [Extra sess., ch. 9.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PROBATION AND PAROLE
Seventeen States passed laws relating to probation and parole,
several creating new State boards or departments.
In addition a number of States passed the uniform acts relating to
supervision of out-of-State parolees (which applies also to prooationers), fresh pursuit, attendance of witnesses from without the
State in criminal proceedings, and criminal extradition. (For ref­
erence to probation in new laws relating to State and local welfare
departments, see pp. 1-20.)
Arkansas.

The State penal board was designated the State board o f pardons
and paroles and was vested with additional powers and duties. (Its
authority covers adults only.) [Act 178.]
California.

The authorization for deputy and assistant probation officers for
Solano County was repealed, also the provision for probation officers
in Placer County. [Ch. 846.]
Delaware.

The judge o f the juvenile court of Kent and Sussex Counties was
authorized to fix the salary (not provided for in the law establishing
this court) o f the probation officer or officers, not to exceed a total
o f $1,800 annually, and to allow actual travel expenses. The two
counties are to share equally the cost o f salaries, travel, and other court
expenses. [Ch. 204.]
Georgia.

The law authorizing the appointment o f probation officers by the
superior courts o f counties was amended to provide for such appoint­
ment by the city court in Bibb County (containing Atlanta), tenure
to be at will of the appointing judge. [Sess. Laws, p. 485.]
Idaho.

Probate and justice courts were authorized to withhold judgment
or suspend execution o f sentence and to put the defendant on proba­
tion. [Ch. 60.]
Kansas.

_

It was made the duty of judges o f the district court in Sedgwick
County (containing Wichita) to appoint a parole officer at $1,500 per
annum to act for all divisions o f the court and to assist the judges
in obtaining full compliance with the terms o f . all probations and
paroles. [Ch. 207.]
Maine.

The law providing for juvenile probation officers was amended to
agree with the 1933 law, which raised the age jurisdiction o f the
49

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

50

CHILD-WELFARE LEGISLATION, 1937

court to include children under IT years of age (formerly under 15),
[Ch. 238.]
Michigan.

A State department of corrections was created and vested with
duties of the former prison commission of the State welfare depart­
ment. The new department is to include a bureau o f probation. The
provisions of the act were restricted to adults, but among the duties
stated for the assistant director in charge of the bureau of probation
was cooperation in promoting measures for effective treatment and
prevention of juvenile delinquency. It was made the duty of the
State department o f public assistance (if that department is estab­
lished; see p. 9) and the probate courts to furnish to the depart­
ment o f corrections, on request, information concerning any person
who has a previous record as a juvenile probationer. (The duties
and powers o f the corrections commission o f the State welfare de­
partment, which has jurisdiction and control over the State industrial
school for girls, boys’ vocational school, and training school for
women, are to be transferred to the department o f public assistance,
if that department is established.) [No. 255.]
The power to appoint probation officers was transferred from the
Governor to the new State department of corrections, as were also
certain powers and responsibilities concerning probation that were
formerly vested in the State welfare department. |[No. 256.]
Minnesota.

The maximum salary o f the probation officer of the municipal court
o f Minneapolis was increased, and this officer was authorized to ap­
point an assistant probation officer, subject to approval of the judge,
at a specified salary. [Ch. 273.]
Missouri.

A State board o f probation and parole was created, and duties re­
lating to parole, commutation o f sentence, pardon, and reprieve,
formerly vested in the commissioners of the department o f penal
institutions and in the intermediate reformatory parole board, were
transferred to the new board. Details of organization, powers, and
duties were given. [Sess. Laws, p. 400.]
The judges o f the circuit and criminal courts o f the State and of
the court o f criminal correction o f St. Louis and the boards of
parole created to serve such courts were authorized to suspend im­
position or execution o f sentence and place defendants on probation.
[Sess. Laws, p. 400.]
The salary o f the juvenile probation officer was increased in Greene
County (containing Springfield) and in Jasper County (containing
Joplin). [Sess. Laws, p. 201.]
Montana.

The authority o f judges in each judicial district or in any county
thereof to appoint probation officers was restricted to judges having
juvenile jurisdiction. The district judge having juvenile jurisdic­
tion in Cascade County (containing Great Falls) was authorized
to appoint for the county one chief probation officer at a salary not


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PROBATION AND PAROLE

51

exceeding $200 per month and a deputy probation officer at a salary
not exceeding $150 per month. [Ch. 117.]
New Hampshire.

A State board o f probation was created and its powers and duties
were stated, including employment of a director and probation o f­
ficers (limited to four within the next 2 years), for whom the quali­
fications, powers, and duties were specified. The board, with the
approval of the Governor and the council, is to fix and pay salaries
o f the probation officers appointed by it. Municipal courts in towns
o f more than 5,000 inhabitants were required—and other courts were
permitted— to appoint one or more qualified probation officers for
their respective courts. The court is to fix and the town is to pay
salaries o f the officers appointed by the court. A ll courts were au­
thorized to suspend imposition or execution of sentence and to place
the defendant on probation for not more than 5 years. (The au­
thorization in the old juvenile-court law for appointment of juvenile
probation officers was not included in the new juvenile-court law.
See p. 45.) [Ch. 143.]
Oklahoma.

Four new positions of placement supervisor were created, with spec­
ified qualifications and salary. These officers are appointed by the
State board of public affairs and act under its supervision. They are
to serve specified State training schools and homes for dependent
children, also such other schools and institutions as the State board o f
public affairs finds necessary. They were specifically directed to
cooperate with probation officers, truancy officers, courts, and all other
agencies and organizations concerned with children, to find homes or
work for children when desirable, to study the environment in which
paroled children are to be placed, and to visit such children regularly
until their majority. The placement supervisors are to report to the
institutions and in case o f a paroled child to the juvenile judge o f the
county in which the child may be. [Ch. 26, art. 8.]
Provision was made for a county probation officer in any county o f
45,000 or more inhabitants containing a city o f 25,000 or more (Gar­
field, Muskogee, Oklahoma, and Tulsa Counties) and for assistant
probation officers in any county o f 80,000 or more containing a city
of 50,000 or more (Oklahoma and Tulsa Counties). The judge o f the
county juvenile court was authorized to appoint these officers. [Ch.
35, art. 10.]
Pennsylvania.

The law establishing a family court for Philadelphia (held uncon­
stitutional ; see p. 46) included therein a probation department to take
over the probation work o f the probation officers of the municipal
court of Philadelphia relating to cases of delinquent, dependent, and
neglected children. [No. 107.]
Tennessee.

A division o f pardons, paroles, and probation was created, under a
board consisting of the commissioner of the State department of in­
stitutions and public welfare and two other persons. The former


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

52

CHILD-WELFARE LEGISLATION, 1937

advisory board o f pardons and the board o f parole were abolished,
and their duties and functions were transferred to the new board. The
powers and duties stated for the new board relate only to pardon and
parole, but the board is to obtain the complete criminal record, includ­
ing the record o f any children’s court, for each prisoner given an in­
determinate sentence. [Ch. 276.]
Vermont.

The legislative committees on State institutions (see p. 18) were
directed to study the State system o f parole, pardon, and probation.
Wisconsin.

The new State department of corrections (see p. 48) contains a divi­
sion of parole and probation. [Extra sess., Ch. 9.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

INSTITUTIONS FOR DELINQUENT MINORS
Ten States and Hawaii passed laws relating to institutions for de­
linquent minors. (For reference to such institutions in new laws relat­
ing to State and local welfare departments, see pp. 1-20.)
Georgia.

The maximum age o f boys who may be committed to the State
training school for boys on conviction of crime not punishable by death
or imprisonment for life was raised to 18 years (formerly 16), and the
State prison commission was authorized to transfer to this school any
prisoner under 18 now in a penal institution. The commission was
authorized to provide proper training and camps for convicts be­
tween 16 and 21 years of age and to segregate them from contact
with confirmed criminals. The commission was also given exclusive
right to determine (except as specially provided by law) the institu­
tion in wrhich each person convicted o f misdemeanor or felony is to
serve his sentence. [Sess. Laws, p. 758.]
The Governor was authorized to accept land in Bibb County donated
for the colored division o f the State training school for girls. [Sess.
Laws, p. 682.]
Hawaii.

The Territorial board of industrial schools was authorized to place
children under its care in suitable homes. [Sess. Laws, p. 153.]
Maryland.

The house o f reformation (for colored boys) at Cheltenham was
made a State institution and renamed the Cheltenham School for
Boys. [Ch. 70.]
Michigan.

The duties and powers o f the corrections commission o f the State
welfare department, which has jurisdiction and control over the State
industrial school for girls, boys’ vocational school, and training school
for women, are to be transferred to the department o f public assist­
ance if that department is established (see p. 9). [No. 255.]
Minnesota.

The State board o f control was directed to pay an amount not ex­
ceeding $10 to each inmate on discharge from the State training school
for boys (at Red W ing) or the State home school for girls (at Sauk
Center.) [Ch. 110.]
New York.

The superintendent o f the State training school at Warwick was
authorized to pay for the care of any boy paroled from the school when
in his opinion there is no fit parent, relative, guardian, or friend to
whom the boy might be paroled and suitable care cannot otherwise be
given. An appropriation was made for this purpose. [Ch. 736.]
The Westfield State Farm (reformatory for women at Bedford
Hills) was reserved for females between the ages o f 16 and 30. [Ch.
354.]
53

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

54

CHILD-WELFARE LEGISLATION, 1937

North Carolina.

The maximum age for admission of delinquent boys to the Eastern
Carolina Industrial Training School (at Rocky Mount) was raised to
20 years (formerly 18). [Ch. 116.]
The training school for Negro boys (at Hoffman) was named the
Morrison Training School. [Ch. 146.]
The superintendents o f the State industrial schools were authorized
to grant conditional releases to inmates and to make final discharges
under rules adopted by the board o f trustees or managers o f the in­
stitution. [Ch. 145.]
A method was provided for restoring citizenship to persons con­
victed o f crimes for which rights o f citizenship are forfeited, when
they have received suspended sentence and met the condition im­
posed—that they enter one o f the State industrial schools and remain
until lawfully discharged. [Ch. 384.]
Pennsylvania.

A new institution was authorized, to take the place o f the present
State industrial school at Huntingdon. [No. 376.]
Provision was made for transfer of the inmates o f the State indus­
trial school at Huntingdon to the new State industrial school on its
completion. The school at Huntingdon is then to become the State
institution for defective delinquents and is to receive mentally defec­
tive persons over 15 years o f age convicted o f crime, or held by a juve­
nile court to be juvenile delinquents, or now detained under sentence in
a penal or correctional institution. [No. 224.]
Tennessee.

Commitment o f boys under 12 years o f age to the State training and
agricultural school (at Nashville) was prohibited except on conviction
for a capital offense. Trial judges having jurisdiction over boys under
18 years o f age convicted o f certain serious offenses were authorized to
suspend sentence whenever they deem this for the best interest of the
boy and of society. The clerk of any court convicting a boy was required
to furnish a transcript o f the proceedings to the commissioner o f institu­
tions and to such other constituted authority as is proper. [Ch. 304.]
Texas.

A minimum age o f 10 years was established for admission to the
State training school for boys and the State training school for girls,
and these schools were reserved for delinquents (formerly open to
dependents also). The commitment o f feeble-minded, epileptic, or
insane persons to these institutions was prohibited. The Waco State
home (see p. 31) was reserved, with certain exceptions, for young
children, but is still available for juvenile delinquents transferred from
correctional schools under certain conditions. [Ch. 492.]
Institutions for delinquent minors in counties o f 220,000 to 320,000
inhabitants were placed under the new juvenile board (see p. 48).
[Ch. 46.]
.
Vermont.

The State industrial school (at Vergennes) was renamed the Weeks
School. [No. 137.]
Authority was given to transfer to the State industrial school, on
written order o f the Governor issued at the request o f the commis­
sioner o f public welfare, persons under 21 years o f age sentenced to the
house of correction and confined therein. [No. 216.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

RECREATION
Laws providing for new or improved recreational facilities or
regulating certain types o f amusement were enacted in 16 States.
Colorado.

A law regulating endurance contests was enacted.

[Ch. 164.]

Georgia.

Permission o f the county authorities was made a prerequisite to
the operation o f public dance halls, boxing or wrestling arenas, and
amusement places operated for profit outside the limits of incorpo­
rated cities or towns in counties o f 3,000 or more inhabitants. [Sess.
Laws, p. 624.]
Indiana.

Cities and towns were empowered to construct and operate swim­
ming pools. [Ch. 15.]
Maryland.

County commissioners (also the legislative bodies o f incorporated
cities and towns) were authorized to establish or maintain reason­
able facilities for public recreation directly or by contract. [Ch.
155.]
Licenses from the county commissioners were required in specified
counties for the establishment or operation o f certain commercial
amusements, including public dance halls. The commissioners were
authorized to establish rules and regulations and to revoke any
license for violation. [Ch. 234.]
A license obtained from the clerk of the county court was required
for operating or maintaining a dance hall or holding a dance or
certain other amusement or entertainment for pay in Garrett County.
No dance may be held on Sunday. The county commissioners and
the county peace officers are to be allowed admission to the dance or
entertainment. [Ch. 169.]
Exhibition o f motion pictures on Sunday in parts o f Anne Arun­
del County (including Annapolis) and in Garrett County was author­
ized under specified conditions. Dances on Sunday in Annapolis
were also authorized. [Chs. 3, 117, 400.]
Minnesota.

A ll political subdivisions were authorized to acquire recreational
facilities and to operate programs o f public recreation and play­
grounds independently or in cooperation. Where school funds or
school property are used the State board o f education is to establish
minimum qualifications for local recreational directors and instruc­
tors. [Ch. 233.]
A law applicable to the city o f W inona. authorized establishment
and maintenance of public playgrounds and public skating rinks.
[Ch. 198.]
55


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

56

CHILD-WELFARE LEGISLATION, 1937

Nebraska.

A tax levy to establish a fund for playground and recreational
purposes was authorized for the city o f Omaha. [Ch. 176.]
Cities o f the second class (less than 5,000 inhabitants) and villages
were empowered to acquire land for swimming pools. [Ch. 35.]
New Jersey.

Marathons, walkathons, and skatathons were prohibited. [Ch.
166.]
A new law, which authorized the boards o f freeholders o f secondclass counties to purchase land and construct and maintain buildings
xor public recreation and public health and welfare, provides for the
operation o f summer camps for undernourished or underprivileged
children o f the county. [Ch. 54.]
New York.

Provisions were enacted for the establishment o f summer vacation
camps for children o f school age. [Chs. 791, 792.]
North Carolina.

A park and recreation commission was created for the city o f
Monroe and its powers and duties were stated, including provision,
equipment, and control of playgrounds, tennis courts, and s w i m m i n g
pools. [Public Local Laws, ch. 71.]
North Dakota.

Lances were prohibited in places where intoxicating liquors are
sold as a beverage or in premises adjoining such places. Failure of
sheriff, police, and other specified officers to enforce the act rigidly
was declared ground for removal from office. [Ch. 124. As a ref­
erendum petition was filed against this measure it will not go into
effect unless approved at the next general election.]
Oklahoma.

Marathon dances, walkathons, and similar endurance contests were
prohibited. [Ch. 15, art. 5.]
Rhode Island.

The council o f the town o f Westerly was authorized to grant
licenses for Sunday motion pictures and other entertainments and
amusements. [Ch. 2482.]
South Dakota.

Cities and towns were authorized to construct, equip, maintain, and
operate swimming pools. [Ch. 180.]
Cities, towns, villages, and counties were authorized to establish,
equip, and maintain public playgrounds and recreation svstems.
[Ch. 190.]
'
Tennessee.

Counties and municipalities were authorized to provide supervised
recreational systems. [Ch. 307.]
Washington.

Marathon dances and other endurance contests were prohibited
[Ch. 103.]
,
.
Wisconsin.

Cities and villages were given the right to set aside and barricade
certain streets for the safety o f children in coasting or other plav
[Ch. 419.]
■ J

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

MENTAL DEFECTIVES
Laws relating to the care and treatment o f mentally diseased and
defective persons were enacted in 22 States and in Puerto Eico. In
two o f these—Maryland and Massachusetts—provision was made for
commissions to study the entire subject o f the mentally defective in
the State; in two others—Pennsylvania and Washington—new State
institutions were created; in four—Arizona, Indiana, Minnesota, and
Oregon-—laws were enacted with a view to the establishment o f new
institutions. (For reference to mental defectives in new laws relating
to State and local welfare departments, see pp. 1-20.)
Arizona.

The legislature requested the Governor to have a thorough investi­
gation made o f institutional care and treatment of mentally diseased
persons, looking toward the establishment in the State o f a modern
psychopathic institution. [2d extra sess., H. Con. Ees. No. 1.]
Arkansas.

The new State department o f public welfare was authorized to
supervise and license private institutions and agencies providing serv­
ices or care to feeble-minded persons and to administer or supervise
all mental-hygiene work in the State except care of persons in the
State hospital for nervous diseases. [Act 41.]
California.

The Welfare and Institutions Code o f 1937 (see p. 3) revised and
reenacted the law relating to mentally irresponsible persons. Details
o f procedure for commitment o f feeble-minded persons and o f epi­
leptics under 21 years o f age and o f organization and operation o f
the Sonoma State Home and o f the Pacific Colony were restated.
[Ch. 369, amended ch. 699.]
Connecticut.

. The charter o f the city o f Hartford was amended to provide for a
social-adjustment commission to consist o f the mayor ex officio and
six electors appointed by him. A ll powers and duties vested in the
former board o f social-adjustment commissioners concerning men­
tally defective persons between 16 and 21 years o f age were trans­
ferred to the new commission, which was also made responsible for
community supervision o f such minors having intelligence quotients
between 45 and 75, as determined by local school authorities, and for
their placement in industry. [Special Acts, No. 393.]
Georgia.

The new State department o f public welfare (see p. 4) was author­
ized to administer or supervise all mental-hygiene work, including
the operation o f all State institutions for the care o f mentally ill or
feeble-minded persons and noninstitutional care for this group.
[Sess. Laws, p. 355.]
57

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

58

CHILD-WELFARE LEGISLATION, 1937

A State board o f eugenics was created, and provision was made for
the sterilization o f certain defective inmates o f State institutions.
[Sess. Laws, p. 414.]
Indiana.

A commission, composed o f the board o f trustees o f Muscatatuck
Colony (for feeble-minded), the budget director, the administrator
o f the State department o f public welfare, and one other person to
be appointed by the Governor, was created to determine whether the
colony should be expanded and developed to accommodate feeble­
minded children and provide for their education and training or be
reserved for adult feeble-minded and an additional institution be
established for children. I f the commission determines to expand the
present institution it is to prepare plans and, on approval thereof by
the budget committee and the Governor, construct additional build­
ings and install equipment; if it decides on a new institution it is to
select a site and prepare plans and, on approval o f the budget com­
mittee and the Governor, to purchase land, erect buildings, and in­
stall equipment. [Ch. 231.]
Details o f the law providing for sterilization o f certain feeble­
minded persons for whom application for commitment has been hied
were amended. [Ch. 132.]
The procedure as to sterilization o f mentally defective inmates o f
State institutions was modified. [Ch. 244.]
Maine.

The admission o f insane minors to a hospital or a State institution
for the insane was limited to such minors over 12 years o f age. [Ch.
62.]
The State department o f health and welfare was authorized to
determine the order o f admittance o f feeble-minded persons to the
Pownall State School (formerly specified in the law). [Ch. 153.]
Maryland.

The Governor was directed to appoint a commission o f nine persons
to survey the needs and existing facilities for care and treatment o f
insane and mentally defective persons living in the State and to re­
port its findings and recommendations to the legislature in 1939.
[J. Res. No. 4.J
Massachusetts.

A commission o f seven persons appointed by the Governor was
established to investigate and study the whole matter o f the mentally
diseased in their relation to the Commonwealth, including the work
o f the department o f mental diseases. [Resolve ch. 7.]
Michigan.

The State hospital commission (formerly in the State welfare de­
partment) was made an independent body. Various laws relating to
care and treatment o f mental defectives were consolidated into one
act outlining the organization, powers, and duties of the commission
and revising and consolidating laws establishing hospitals for the
insane, homes and schools for the feeble-minded and epileptic, and
institutions for discovery and treatment of mental disorders. The
commission’s duties include the undertaking and promotion of studies
o f the causes, the nature, and the methods of care, treatment, and

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

MENTAL DEFECTIVES

59

prevention o f insanity, feeble-mindedness, and epilepsy and the devel­
opment and conduct o f a State-wide mental-hygiene program. [No.
The State psychopathic« hospital at the University of Michigan
was transferred to the board of regents o f the university to be used as
a neuropsychiatric institute for the care and treatment o f persons
who are suffering from mental diseases but who have not been com­
mitted by the court as insane, feeble-minded, or epileptic. The insti­
tute is to have a clinic for the study o f prevention of mental illness
and for training and research in all phases of mental diseases. [No.
85.]
Minnesota.

The authority of the State board o f control to place in a home,
hospital, or other place or institution under its control feeble-minded
or epileptic persons committed to it was enlarged to authorize the
board to exercise general supervision over such persons outside any
institution, through a child-welfare board or other authorized agency.
[Ch. 31.]
The legislature requested the State board o f control to make a
survey for the location o f a new hospital for the feeble-minded and
to report to its next session. [Res. No. 21.]
Montana.

The facilities o f the State training school at Boulder were increased
by transfer to this institution of buildings and equipment o f the
school for deaf and blind (which was transferred to Great Falls).
[Ch. 43.]
Nevada.

Care o f indigent feeble-minded minors in the Nevada State Hos­
pital for Mental Diseases was required to be only temporary and at
State expense, pending transfer to institutions in neighboring States,
which the superintendent o f the Nevada hospital finds have facilities
available for the proper care and education o f such minors. Trans­
portation from the Nevada State Hospital for Mental Diseases and
the cost of care and education in the institution in the neighboring
State are to be charged against the county from which the child
was committed. [Ch. 205.]
New York.

Care o f mentally handicapped children which can be given in their
own homes was made a responsibility of towns and cities. Formerly
the counties were responsible. (Care o f such children that cannot
be provided in their own homes remained a county responsibility.)
North Carolina.

The Governor was authorized to appoint a commission o f seven
members to determine ways and means o f providing more suitable
and adequate instruction in the public schools for exceptional chil­
dren and to make recommendations to the Governor and legislature
o f 1939. [Res. 51, p. 955.]
Admission to the industrial farm colony for feeble-minded women
over 16 years o f age was denied to any woman adjudged by a com­
petent authority to be epileptic or insane or o f such low mentality

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

60

CHILD-WELFARE LEGISLATION, 1937

or so markedly psychopathic as to prevent her from profiting by the
training program o f the institution. [Ch. 277.]
The superintendent o f the Caswell Training School was given
power to pay children for work done at the school, the total of such
payments being limited to $1,000 in any fiscal year. [Ch. 275.]
It was provided that any feeble-minded, epileptic, or mentally dis­
eased person for whom the State eugenics board has authorized
sterilization may be admitted to the appropriate State hospital for
such operation. [Ch. 221.]
Ohio.

Various laws relating to mentally handicapped persons were re­
pealed, and a comprehensive new measure was enacted, which cre­
ated a division o f mental diseases in the State department o f public
welfare and stated its powers and duties relating to the care and
treatment o f mental defectives, including insane, feeble-minded, and
epileptic. [H. 545.]
Oregon.

Authority was given for the appointment o f a special interim com­
mittee to study and report to the legislature o f 1939 ways and means
o f financing the building o f a psychiatric hospital on the campus o f
the University of Oregon medical school. (This was in pursuance
o f the report and recommendation o f the special committee ap­
pointed by the Governor in 1933 to consider establishment o f such
a hospital and also of a traveling clinic.) [S. Con. Res. 7.]
The State board o f higher education was authorized to extend the
benefits of the child-guidance clinic o f the department o f psychiatry
o f the University o f Oregon medical school to all counties o f the
State. (This measure also is based on the report o f the special com­
mittee appointed by the Governor in 1933.) [Ch. 291.]
School boards were authorized to provide home instruction for
mentally handicapped persons 6 to 20 years o f age, inclusive. [Ch.
408.]
Pennsylvania.

Amendments to the education law included provision that children
between 8 and 16 years o f age reported as gravely retarded in school
work and those between 6 and 16 reported as not being properly edu­
cated and trained because o f exceptional physical or mental condition
be examined by an approved mental clinic or by a public-school
psychologist or psychological examiner (formerly by the school medi­
cal inspector). Children so examined and found uneducable in the
schools may be reported to the State department o f welfare (which
thereafter is to be responsible for their education and training).
[No. 478.]
Provision was made for a State institution for defective delin­
quents. See p. 54.) [Nos. 224, 376.]
Puerto Rico.

An Insular board o f eugenics was created, and sterilization was
authorized for certain inmates o f institutions receiving public funds.
[No. 116.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

MENTAL DEFECTIVES

61

South Carolina.

The law permitting sterilization o f defective inmates of penal and
charitable institutions o f the State was reenacted with slight modi­
fication. [No. 125.]
Washington.

The Western State Custodial School was created for the care, con­
finement, training, and employment o f defective and feeble-minded
persons between 6 and 21 years of age. [Ch. 10.]
West Virginia.

Preference in admission to the West Virginia Training School for
Mental Defectives was required to be given to children 7 to 14 years
o f age, inclusive, o f the moron type who are capable of being trained
and o f attending to their own physical needs (formerly preference
was given to “children and women o f child-bearing age” ). The
admittance o f deaf or blind persons and persons suffering from epi­
lepsy, tuberculosis, or leprosy was prohibited. The superintendent
was authorized to discharge inmates as well as to parole them. [Ch.

102.]

Wisconsin.

A State department o f mental hygiene was created, charged with
supervision and control over State hospitals for the insane and
mentally defective; psychiatric field w ork; aftercare and community
supervision and—within the limits o f its appropriation—functions
relating to prevention. By January 1, 1939, all powers and duties
o f the State board o f control or any other agency relating to mental
hygiene are to be transferred to the new department. [Extra sess.,
ch. 9.]
County and city superintendents o f schools were required to obtain
information as to mentally handicapped children under 21 residing
in their school districts and to report annually to the State super­
intendent. [Ch. 128.]

68322— 38----- 5


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PHYSICALLY HANDICAPPED CHILDREN
Laws relating to physically handicapped children were enacted in
31 States and in Alaska, Hawaii, and Puerto Rico. Alaska, Puerto
Rico, and 19 o f these States made provision for services to crippled
children and for cooperation with the Federal Government in such
services; to be administered by the welfare department in 7 States—
Arizona, Arkansas, Georgia (in which the welfare department may
delegate its authority to some other State department), Montana,
New Mexico, Oregon, and Washington; by the health department
or board in 10 States—Connecticut, Delaware, Maine, Maryland,
Nevada, New Hampshire, New York, Rhode Island, South Carolina
and South Dakota— and in Puerto R ico; by a department to be
established by the commissioner of health in Alaska; and by the
crippled children’s commission in Michigan. (For reference to
physically handicapped children in new laws relating to State and
local welfare departments, see pp. 1-20.)
Alaska.

The commissioner o f health was directed to establish a department
charged with prescribing and carrying out a general plan for the
hospitalization, care, and treatment o f crippled and otherwise de­
formed children and those suffering from conditions likely to .result
in crippling or deformity. The commissioner is to administer the
department, to cooperate with the Federal Government, and to receive
and expend money made available for services to such children from
the Federal Government or from the Territory or its political sub­
divisions. [Ch. 79.]
Arizona.

The new State department of social security and welfare (see p. 2)
was directed to establish and administer a program o f services for
crippled children, to cooperate therein with the Federal Government,
and to receive and expend funds made available for such services by
the Federal Government or the State or from other sources. [C m.
69.]
Arkansas.

The new State department o f public welfare (see p. 2) was au­
thorized to supervise or to administer aid and services to crippled
children and to cooperate with the Federal Government therein.
[Act. 41.]
California.

The State school for the blind was authorized to provide special
social-service courses for blind residents o f the State who have col­
legiate training and to issue a special certificate on completion of
such course. [Ch. 854.]
An amendment to the law providing for testing the sight and
hearing o f all public-school pupils authorized the use o f records of
62

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PHYSICALLY HANDICAPPED CHILDREN

6S

such examinations as evidence o f need for the special educational
facilities provided for physically handicapped children and included
details for obtaining equipment for such tests. [Ch. 190.]
Colorado.

An act was passed authorizing the bureau o f home and school
service in the State department o f education to cooperate with the
Federal Government in establishing, extending, and improving serv­
ices for the education o f physically handicapped children between
6 and 21 years of age. [Ch. 78. A bill— S. 1634—was introduced
in the first session of the Seventy-fifth Congress to provide Federal
funds for such educational services but was not reported from com­
mittee during 1937.]
Connecticut.

The State department o f health, which in 1935 was designated the
State agency to receive and administer Federal funds for aid to
crippled children, was by a new act designated the agency also to
administer a program o f services for children who are crippled or
suffering from conditions which lead to crippling. The commissioner
o f health (authorized by the 1935 law to create an advisory board to
assist him in making plans and allotting funds) was given specific
authority for extending and improving services for locating such
children and for providing them with care and aftercare. He was
given final administrative responsibility for all activities on behalf
o f such children provided for in the act, for disbursement o f State or
Federal funds for these purposes, and io.r cooperation with the Fed­
eral Government in the exercise o f the powers granted. [Ch. 430.]
The definition o f educationally exceptional children was amended
to apply to children who require special educational training or
school privileges “because o f some physical, mental, or other handi­
cap.” [Ch. 109,]
The upper age limit o f physically handicapped children for whom
application for admission to institutions receiving State funds must
be reported to the State department o f health was raised to 21 vears
(formerly 18). [Ch. 311.]
Delaware.

The State board o f health was designated the State agency to
administer a program o f services for indigent crippled children and
to supervise such services not directly administered by it; to cooper­
ate with the Federal Government in developing, extending, and im­
proving such services, also with State and private agencies; and to
receive and expend Federal, State, and other funds therefor. [Ch.
85.]
The State board o f education was given power to provide for the
care, maintenance, and instruction o f blind babies, also o f blind chil­
dren too young or too backward to enter schools for the blind, and
to contract for the care o f such children until they become 8 years
o f age in any institution in or outside the State having facilities
for such services. [Ch. 30.]
District o f Columbia.

The change o f jurisdiction o f hospitals to the health department
(see p. 73) resulted in change of jurisdiction over crippled children^
[Public, No. 172, 75th Cong., 1st sess.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

64

CHILD-WELFARE LEGISLATION, 1937

Georgia.

The new State department o f public welfare was designated the
State agency to supervise the administration o f a program o f services
for crippled children; to cooperate with the Federal Government in
developing, extending, and improving such services; and to receive
and expend Federal, State, and other funds made available therefor.
The department was authorized to delegate the authority provided
for in this act to any other department as authorized by the Welfare
Reorganization Act o f the same session (see p. 4). [Sess. Laws, p.
370.]
Hawaii.

The new Territorial board o f public welfare (see p. 5) was author­
ized to cooperate with the department o f public instruction and with
other public and private authorities for the education o f children in
conservation o f eyesight and prevention o f blindness and may rec­
ommend for sight-saving classes or for the Territorial school for the
blind any children certified by a reputable oculist as fit subjects
for instruction therein. The board was authorized, with approval
o f the school authorities, to conduct or supervise vision tests of school
children. [Sess. Laws, p. 284.]
Illinois.

Admission to schools and classes for children between 3 and 21
years o f age who are deaf or blind or have defective vision was
specifically limited to such children who are o f sound mind. [Sess.
Laws, p. 1115.]
Indiana.

Amendments to the Welfare Act o f 1936 specified that public or
private hospitals (in addition to the James Whitcomb Riley Hos­
pital) in which crippled children may be placed are to be selected
and approved by the State board o f public welfare; and that pro­
cedure for placing a crippled child in any such hospital is to be in
accordance with rules and regulations of the State department o f
public welfare and is to conform to the procedure for placing in
the James Whitcomb Riley Hospital. It was made the duty o f the
attending physician, midwife, or person acting as midwife or report­
ing a birth to report any visible congenital deformity within 30 days
after the birth. The report is to be filed with the State department
o f public welfare, its contents to be solely for the department’s use
in performance o f duties regarding crippled children and not to be
open to the public. Certain additional responsibilities concerning
the care o f crippled children were vested in the State department
o f public welfare. [Ch. 41.]
Maine.

The State department o f health and welfare was authorized to
administer through its bureau o f health a program o f services for
crippled children in accordance with the terms of the Federal Social
Security Act and to cooperate with the Federal Children’s Bureau
therein. [Ch. 139.]
Maryland.

The State department of health was made the State agency to ad­
minister a program of services for crippled children and to supervise

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PHYSICALLY HANDICAPPED CHILDREN

65

such services pot directly administered by it; to cooperate with the
Federal Government in developing, extending, and improving such
services; and to receive and expend Federal, State, and other funds
therefor. (Formerly administration was vested in the board o f State
aid and charities.) [Ch. 158.]
Massachusetts.

A special unpaid commission was created to investigate certain edu­
cational matters, including city and town employment o f visiting
teachers, State reimbursement to cities and towns offering instruction
to physically handicapped children in their homes, and provision o f
instruction in lip reading for children with defective hearing in public
and private schools. The commission was directed to file its report
with recommendations and drafts o f legislation by December 1,1937.
[Resolve ch. 38.]
Cities and towns were authorized to appropriate money for eye­
glasses and spectacles for needy school children 18 years of age and
under. [Ch. 185.]
Michigan.

In a revision of the Crippled Children’s Act the organization and
duties o f the crippled children commission were restated and new
duties were added in accordance with the Federal Social Security Act,
including cooperation with the Federal Government. The duty o f
the county probate judges to commit children for treatment was not
disturbed, but it was made the duty o f the commission (or o f a per­
son or agency approved by it) to make a physical, mental, and finan­
cial investigation for each child and to report thereon to the judge,,
also to be responsible for the child after the order o f commitment..
Provision was made for care and education of children who require^
custodial care. The designation and compensation of convalescent
homes in addition to hospitals and clinics was authorized, and the com­
mission was given primary responsibility for investigation o f crippled
children included in the school census and for obtaining custodial care
and treatment in public or licensed private institutions providing such
care and treatment. The commission wTas authorized to regulate hos­
pital rates and fee schedules. The expense o f operating the clinics,
including compensation of surgeons and medical specialists, the cost
o f appliances and other necessities, the transportation, and the cost o f
investigational and medical reports on crippled children are to be paid
by the State, but 50 percent o f the cost for custodial cases is to be
recharged to the counties. [Ch. 158.]
The State schools for the deaf and for the blind were transferred
from the State welfare department to the State board o f education.
[No. 263.]
Missouri.

The education of deaf children between 6 and 17 years of age was
made compulsory, with exceptions similar to those made for other
children. [Sess. Laws, p. 453.]
An amendment to the law regarding surgical and medical treatment
and care in the State university hospital of children afflicted with any
deformity, or with a malady resulting from deformity that probably
can be remedied, authorized use of other hospitals approved by the
board o f curators o f the State university. [Sess. Laws, p. 197.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

66

CHILD-WELFARE LEGISLATION, 1937

Montana.

The new State department of public welfare (see p. lb) was author­
ized to provide services for crippled children in cooperation with the
Federal Children’s Bureau. [Ch. 82.]
Provision was made for transfer o f the State school for the deaf
and blind in September 1937 from its buildings at Boulder to the new
building erected for it at Great Falls. The institution at Boulder is
to be used for additional housing and educational facilities for the
State training school for feeble-minded. [Ch. 43.]
Nebraska.

A State crippled children’s committee o f nine members to be ap­
pointed by the Governor was created to serve in an advisory capacity
to any State agency legally charged with supervision and administra­
tion o f services to crippled children. A crippled child was defined
as any person under 21 years of age with specified defects. Provision
was made for a special census o f crippled children. Any physician,
midwife, or person acting as midwife in attendance at the birth o f a
child with visible congenital deformities was required to file report
thereof to the proper State agency within 30 days after the birth.
[Ch. 190.]
The purposes o f the State schools for the deaf and blind were re­
stated to include vocational training of their pupils. [Ch. 199.]
Nevada.

The State board of health was designated the State agency to ad­
minister a program o f services for crippled children and to supervise
the administration of such services not directly administered by it ;
to cooperate with the Federal Government therein ; and to receive and
expend Federal, State, and other funds made available for such pur­
poses. [Ch. 119.]
New Hampshire.

The State board o f health was designated the State agency to
administer a program of services for crippled children and to super­
vise the administration of such services included in the program but
not directly administered by it; to cooperate with the Federal Govern­
ment therein; and to receive and expend Federal, State, and other
funds made available for such purposes. [Ch. 58.]
New Jersey.

The special educational facilities accorded to blind, deaf, and
crippled children were extended to the near blind, the hard o f hearing,
and all physically handicapped children o f school age; and provision
was made for special classes for physically handicapped children in
hospitals and other institutions. Each board o f education was re­
quired to make a register o f physically handicapped persons in the
district under 21 years o f age and to send copies at least annually
to the State commissioner o f education, who is to transmit copies o f
the state register thereof to the commission for the rehabilitation o f
physically handicapped persons. [Ch. 89.]
Every physician, nurse, parent, or guardian attending or having
charge of a child under 6 years o f age who is totally deaf or whose
hearing is impaired wa$ required to report at once to the State depart­
ment o f health. I f such child is not receiving adequate care and


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PHYSICALLY HANDICAPPED CHILDREN

67

treatment the State director of health is to refer the case to the appro­
priate welfare or other official agency which may provide care and
treatment. I f the case is referred to a welfare officer and he approves
the provision o f medical and surgical care and treatment, the cost—
when the parent is unable to pay—is to be a charge against the
municipality. The director is to report the disposition he makes o f
each case to the State commissioner o f education. When the commis­
sioner deems it desirable he is to send to the parent, guardian, official,
or agency information as to facilities for the education o f such
children. [Ch. 31.]
New Mexico.

The Public Welfare Act of 1937 (see p. 12) authorized the new State
department o f public welfare to administer aid or services to crippled
children, to supervise the administration o f services not directly
administered by it, and to cooperate with the Federal Government
therein. [Ch. 18.]
The Carrie Tingley Crippled Children’s Hospital was created for
the care and treatment o f indigent crippled children in cooperation
with the State department o f welfare. Nonresident children and
children who are not indigent may be admitted. The hospital is under
control o f a board o f directors o f three persons appointed by the
Governor with the advice and consent o f the senate. The building
erected and equipped for this hospital at Hot Springs (in Sierra
County) was transferred to its control. [Ch. 13.]
New York.

The State department o f health was designated the State agency
to administer that part o f the Federal Social Security Act relating to
the care and treatment o f crippled children; to cooperate with Federal,
State, and local authorities therein; and to receive and disburse
Federal funds made available for such services. [Ch. 15.]
A temporary State commission was appointed to study existing
facilities for locating deaf children and those hard o f hearing or likely
to become deaf, also existing provisions for medical care to prevent
or ameliorate deafness and for special education and training o f totally
or partly deaf children. The commission was directed to report to the
legislature with recommendations on or before February 15, 1938.
[Ch. 743.]
The law as to education o f deaf children in State institutions was
amended lowering the age of eligibility to 3 years o f age (formerly
5 ), permitting extension o f the educational period to 21 years of age
(formerly authorized for 3 years beyond a 12-year educational period),
making the expense o f tuition and maintenance a State charge for all
children (formerly only for destitute children), and opening the
schools for the blind to children who are both deaf and blind.)
[Ch. 439.]
Care o f physically handicapped children that can be given in their
own homes was made a responsibility o f towns and cities. (Formerly
the counties were responsible.) Care o f such children that cannot be.
provided in their own homes remained a county responsibility. [Ch.
Ohio.

A resolution, which recited in its introduction that no provision had
been made in the social-security program for the care o f cripples

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

68

CHILD-WELFARE LEGISLATION, 1937

between 18 and 65 years o f age nor for rehabilitation o f the blind,
created a commission on rehabilitation of the handicapped to study
the possibilities o f rehabilitating visually handicapped persons and
crippled persons and to report to the legislature on or before the,
third Monday o f its 1939 session. [H. J. Res. 50.]
Oklahoma.

The State board o f education was authorized to establish a special
program o f instruction in the detection of hearing deficiency in publicschool children and in the teaching o f supplementary lip reading to
children found to have a significant hearing deficiency. An appro­
priation was made for the purpose. [Ch. 34, art. 5.]
Oregon.

The State relief committee (which by Laws o f 1935, ch. 303, was
designated the State agency to apply for and receive Federal grants
for crippled children, to disburse or supervise the disbursement of
such funds, and to adopt, carry out, and administer a plan for such
purposes) was by a new act designated the agency to administer a
program o f services for children who are crippled or suffering from
conditions which lead to crippling and to supervise such services in­
cluded in the program but not directly administered by it. The com­
mittee was given specific powers. The dean of the medical school of
the University of Oregon was directed to serve, without additional
compensation, as medical director o f the crippled children’s program
and was given power to establish qualifications o f medical, nursing,
and other personnel employed in connection with services for crippled
children and to establish standards of medical practice, nursing, and
other services, and diagnostic clinics. [Ch. 265.]
Pennsylvania.

The State department of public instruction was directed to super­
vise the eye and ear tests o f pupils (which are required to be made
at least once during each school year by medical inspectors o f school
districts). Provisions were included regarding methods o f testing
and the appointment o f specialists to assist the medical inspectors.
[No. 547.]
It was made the duty o f every physician, nurse, parent, or guardian
having charge o f a minor under 6 years o f age who is totally deaf
or whose hearing is impaired to report at once to the State department
o f health. This department was directed to make investigation
through the county medical directors and to notify the medical in­
spector o f the school district if the child is not receiving adequate
care and treatment and the parents are unable to provide it—in which
case the medical inspector is to provide care and treatment at the
expense of the district or the Commonwealth. The department is
to report the disposition o f the case to the State superintendent of
public instruction. The superintendent, when he deems it desirable,
is to inform the parent or guardian as to educational facilities for
such children. [No. 554.]
Puerto Rico.

The insular department o f health was designated the insular
agency to apply a program of services for crippled children or chil­
dren suffering from diseases which leave them crippled and to super
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

PHYSICALLY HANDICAPPED CHILDREN

69

vise such services included in the program but not directly adminis­
tered by it ; to cooperate with the Federal Government in developing,
extending, and improving such services; and to administer funds
made available therefor by the Federal or the insular government or
by local subdivisions or from other sources. [No. 76.]
Rhode Island.

The State department of public health was designated the State
agency to administer a program of services for crippled children and
to supervise the administration o f such services included in the pro­
gram but not directly administered by it, to cooperate with the Fed­
eral Government, and to accept and disburse Federal and other funds
made available for these purposes. [Ch. 2546.]
South Carolina.

The annual appropriation act contained a provision designating the
State board o f health the agency to expend State and Federal funds
for aid to crippled children. [No. 383, sec. 58.]
South Dakota.

The State board o f health was designated the State agency to co­
operate with the Federal Government in the administration o f crip­
pled children’s services in accordance with the Federal Social Security
Act and to receive, administer, and disburse Federal and State funds
made available for such services. [Ch. 231.]
Tennessee.

The commission for crippled children’s service (formerly in the
office of the adjutant general) was transferred to the State department
o f public health. (See p. 78.) [Ch. 33.]
Texas.

The rehabilitation division o f the State department o f education
was authorized to provide dental service for crippled children. (Pro­
vision o f medical and surgical services was already authorized.)
[Ch. 207.]
Washington.

The new State department of-social security (see p. 19) was author­
ized to establish and administer through its division o f children a
program of services for crippled children and to supervise the admin­
istration o f services included in the program but not directly admin­
istered by it; to cooperate with the Federal Government, and to re­
ceive and disburse Federal, State, and other funds made available
for such services. [Ch. 114.]
Provision was made for the establishment and supervision of
“ special schools” for physically or mentally defective children, “ op­
portunity schools” for pupils who are overage or oversize for their
grade ; and “ remedial schools” for pupils who are handicapped, under­
privileged, or retarded. [Ch. 179/]
Wisconsin.

The crippled children’s division o f the State department o f public
instruction was authorized to receive and disburse Federal funds for
services to crippled children (formerly received by the State emer­
gency board and allotted by it). It was also made responsible for
the academic elementary and high-school education of crippled chil-


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

70

CHILD-WELFARE LEGISLATION, 1937

dren and for the administration o f any Federal funds that may be
made available therefor. The law specified that records o f crippled
children assembled by the division and provisions for aftercare and
for diagnosis through field clinics should cover all such children from
birth to 21 years o f age. City and county superintendents o f schools
were required to obtain information as to physically or mentally
handicapped children from birth to 21 years o f age residing in their
school districts and to report annually to the State superintendent.
The division was directed (so far as funds are available) to assist
counties in financial stress to provide care in the Wisconsin Ortho­
pedic Hospital for Children for crippled children committed by the
county courts; and approval by the division was made compulsory
before commitment is certified by the county. Cardiac cripples were
included within the term “ crippled child.” [Ch. 128.]
Information relating to cases of congenital deformity or physical
defect received by the secretary of the State board of health was
required to be sent to the crippled children’s division o f the State
department o f public instruction (formerly to the State board of
control). [Ch. 136.]
County judges were required to notify the crippled children’s
division o f the State department o f public instruction as soon as
applications have been filed for commitment o f crippled children
to a hospital. The division is then to forward to the judge any
available information regarding previous medical recommendations.
Judges were authorized in emergency cases to commit children im­
mediately without waiting for such information.. [CK. 239.]
Physicians treating or visiting any person having poliomyelitis
were required to report immediately to the State board o f health
as well as to the local health authority. [Ch. 136.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD HYGIENE AND PUBLIC HEALTH
Laws for the protection o f child health and public health in
general were passed in a number o f States. One o f these—New
Mexico— created a State department o f public health. Nine States—
Georgiy, Maine, Nevada, New liampshire, New Mexico, New York,
Oregon, Rhode Island, South Dakota— and Puerto Rico specifically
authorized cooperation with the Federal Government in a program
o f maternal and child-health services.
A few States passed laws (not included in this analysis) increas­
ing the powers o f counties or cities in regard to establishment or
maintenance o f local hospitals.
Several States made a health certificate a prerequisite to the
issuance o f a marriage license (see p. 38).
The Uniform Narcotic Drug Act was enacted in the following States:
Idaho [Ch. 131]
Iowa [Ch. 114]
Michigan [No. 343]
Minnesota [Ch. 74]

Missouri [Sess. Laws, p. 344]
Tennessee [Ch. 255]
Texas [Ch. 169]
Wyoming [Ch. 117]

Alaska.

An addition to the law providing for physical examination o r
inspection o f school children placed such examination under the
general supervision of the Territorial health officer and authorized
him to expend an amount not exceeding $1 per year per pupil out
o f funds appropriated for this purpose. [Ch. 30.]
Arizona.

In August the third special session o f the legislature returned to
the county boards o f supervisors the responsibility for medical care
and hospitalization o f the indigent sick (except in the case of the
State welfare sanitorium), which had been vested in the new State
department o f social security and welfare created in March at the
regular session. (See p. 2). [3d extra sess., ch. 4.]
Arkansas.

Free medical care and treatment in a hospital not to exceed 21
days a year were authorized for any indigent person on applica­
tion to the county welfare director. I f the hospital deems this in­
sufficient the State commissioner o f public welfare may grant 30
days more. Cooperation with the Federal Government in matters
pertaining to free medical treatment and hospitalization o f indigent
sick was authorized. Children and expectant mothers were consti­
tuted a preferred class, to be given preferential treatment when and
where necessary. [Act 115.]
Provision was made for instruction in the public schools con­
cerning the effects of alcohol and other narcotics on the human
system. [Act 168.]
71


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

72

CHILD-WELFARE LEGISLATION, 1937

A civil-service commission and merit system were established by
a law applicable to the city o f Little Rock. The city health officer
was included among specified officials exempted from operation o f
the law. [No. 322.]
California.

The county superintendent o f schools was authorized to employ
one or more nurses with specified credentials to supervise the health
o f pupils in any elementary-school district not employing a nurse
as a physical inspector. [Ch. 609.]
The law relating to the prevention of blindness due to ophthal­
mia neonatorum was reenacted as part o f a new Business and Pro­
fessions Code, but its provisions were not materially changed. [Ch.
399, amended ch. 419.]
The law relating to trained attendants (to care for the sick) was
also reenacted without material change as part o f this code, [Ch.
399, amended ch. 417.]
The law regulating the practice o f nursing, also reenacted as part
o f the same code, raised the educational requirements for examina­
tion. [Ch. 399, amended ch. 416.]
The legislature approved amendments to the charter o f the city
and county o f San Francisco, which had been ratified by the electors
in March. One provision established a health-service system for the
municipal employees. [Con. Res. No. 38, ch. 58, p. 2790.]
Colorado.

A new law defined ophthalmia neonatorum and stated the duty
o f the State board o f health in regard to preventive measures, in­
cluding determination o f the prophylactic to be used and its gra­
tuitous distribution, with instructions for use, to physicians and
midwives engaged in the practice o f obstetrics or assisting at child­
birth. It was made the duty o f any physician, nurse, midwife, or
other person assisting at and in charge o f a birth or caring for a
newborn child to administer the approved prophylactic as soon as
practicable after the birth, and always within an hour. Provision
was also made that discovery of inflammation o f the eyes and o f
certain other symptoms occurring within 2 weeks after birth be
reported within 6 hours to a competent practicing phvsician.
[Ch. 163.]
'
Connecticut.

Town, city, and borough health officers were required to attend
conferences called by the State department o f health to consider
matters relating to public health. The necessary expense incident
to such attendance is to be paid by the locality represented, provided
the department calls not more than two such conferences in any
year. [Ch. 100.]
The licensing and inspection o f maternity hospitals was trans­
ferred from local authorities to the State department o f health.
[Ch. 180.]
District o f Columbia.

An act for the prevention o f blindness in infants born in the Dis­
trict of Columbia provided for distribution o f a prophylactic by the
health officer and for its administration immediately after birth
and directed the physician, midwife, or other person in attendance to

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD HYGIENE AND PUBLIC HEALTH

73

report to the health officer inflammation of the eyes and other symp­
toms within 6 hours after knowledge o f such conditions. The health
officer is to require that immediate care be given by a registered phy­
sician or, if the parents are unable to pay a physician, m a hospital
designated by the District board of public welfare and at the expense
o f this board. [Public, No. 58, 75th Cong., 1st sess.]
Supervision o f hospitals was transferred from the board of public
welfare to the health department. [Public, No. 172, 75th Cong., 1st
sess.]
Georgia.

The State board o f health was designated the State agency to estab­
lish and administer a program o f services for promoting the health
o f mothers and children and to supervise the administration o f serv­
ices not directly administered by it ; to extend and improve any such
services administered by local maternal and child-health units; to
cooperate with the Federal Government in developing, extending,
and improving the services ; and to receive and expend funds made
available for such purposes by the Federal Government, the State,
or its political subdivisions, or other sources. [Sess. Laws, p. 688.]
Hawaii.

The Territorial board o f health was authorized to make regulations
with the approval of the Governor, respecting hospitals, children’s
boarding homes, maternity homes, and convalescent homes. [Sess.
Laws, p. 41.]
Idaho.

The State department o f public welfare was designated the State
agency to cooperate with the Federal Government in public health
services. The Governor was designated commissioner of public wel­
fare ex officio and wras empowered to appoint directors for the division
o f charitable institutions and the division o f public health, which
were created within the department by the act, and for such other
divisions as he may find it necessary to establish. [Ch. 194.]
Illinois.

Amendments to the Illinois Nursing Act raised the educational re­
quirements for certification as registered nurse. [Sess. Laws, p. 913.]
Amendments to the Public Health Nursing Act stated the powers
and duties o f the department o f registration and education and in­
cluded personal and educational requirements for certification as
public-health nurse. [Sess. Laws, p. 998.]
A law applicable to Peoria required the levy o f specified taxes for
establishment and maintenance o f a public-health board when author­
ized by vote at a regular election. Methods o f appointment and
organization were specified. [Sess. Laws, p. 307.]
Indiana.

The maximum tax levy authorized in cities o f the first class for the
board o f health was increased. [Ch. 90.]
Iowa.

The authority of the board of supervisors of Polk County (contain­
ing Des Moines) to contract for medical and dental services for the
poor, which has been prohibited by the law authorizing consolidation
o f hospital service in that county, was restored. [Ch. 143.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

74

CHILD-WELFARE LEGISLATION, 1937

Kentucky.

A personnel commission was established for the city of Louisville
and was given the duty of providing for appointment by a merit
system and for transfer and discharge o f employees of the city de­
partment of public health, with specified exceptions. [4th extra sess.,
ch. 15.]
Maine.

The State department of health and welfare was authorized to
administer through its bureau o f health a program to extend and
improve its services for promoting the health o f mothers and children,
especially in rural areas and areas suffering from severe economic
distress, to apply for Federal funds under the Federal Social Security
Act, and to cooperate with the Federal Children’s Bureau in matters
o f mutual concern pertaining thereto. [Ch. 141.]
Massachusetts.

Provision was made that anv physician in charge at the premature
birth of an infant in a place other than a hospital or institution
©quipped, to c&re for such infants is to notify the city or town board
of health and board of public welfare by telephone as soon as possi­
ble after the birth. On written request o f either parent and o f the
attending physician the local board o f health must immediately provide transportation o f the infant to a hospital equipped to
for
such infants. I f the parents are unable to pay for care in such hospi­
tal the cost is to be paid by the board o f public welfare of the city
or town in which the infant was born. [Ch. 382.]
The State department o f public health was authorized to provide,
subject to rules and regulations approved by the State commission on
administration and finance, for care and treatment o f persons sunering from chronic rheumatism (limited to 25 persons at one time and
6 months for any one individual); a sum of $9,000 was appropriated
for this purpose. [Ch. 393; ch. 445, p. 610.]
1
l
The special commission created to study certain educational matters
(see p. 65) was directed to make an investigation relating to furnish­
ing food to undernourished school children by school committees.
[Kesolve ch. 62.]
Michigan.

'

,

.

The act creating the State department of public assistance (to be
voted on at the election of November 8, 1938; see p. 9) made it the
duty of the public-assistance commission to provide for distribution
o f money for general public relief, including medical care other than
hospitalization, to the county departments o f public welfare. Medi­
cal care was defined to include home and office attendance by physi­
cians, dental service, bedside nursing service, pharmaceutical service,
and burial. So far as practicable, the normal physician-patient rela­
tion is to be maintained, also the normal relation between persons
furnishing other specified services and the recipients of the services.
Existing provisions as to the care and treatment o f afflicted children
were extended to cover married as well as unmarried persons. A
residence requirement o f 1 year for the parent or guardian was estab­
lished, and care in the child’s own home was authorized. The scope o f
the act was extended to include cases o f acute fracture. [No. 217.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD HYGIENE AND PUBLIC HEALTH

75

Amendments to the school law required teachers o f health and
physical education and kindred subjects in the public schools to be
qualified instructors having a degree from a school o f medicine, public
health, or nursing ; removed the prohibition on teaching o f sex hygiene
but prohibited instruction in birth control; and provided that upon
written request o f parent or guardian any child may be excused from
classes in which sex hygiene is under discussion. [No. 216.]
Minnesota.

A law applicable to Freeborn County authorized the county board
to establish a contingent fund not to exceed $300 to pay necessary
expenses incurred by its county nurse or nurses. [Ch. 123.]
Montana.

A State temperance commission composed of the secretary o f the
State bureau of child and animal protection (but see State depart­
ment of public welfare, p. 10), the State superintendent o f public
instruction, and the secretary of the State board of health was created
to prevent intemperate use of alcoholic beverages, to disseminate in­
formation thereon, and particularly to instruct children as to the
evils incident to the use of such beverages. The commission is to
endeavor to prevent the sale o f such liquors to minors and their use
by minors. [Ch. 201.]
Nebraska.

The limitation o f the salary of county physicians to $200 a year was
removed from the law. [Ch. 150.]
Nevada.

The State board o f health was designated the State agency to ad­
minister a program o f maternal and child-health services and to
supervise the administration o f such services not directly adminis­
tered by it ; the department is to cooperate with the Federal Children’s
Bureau in the administration o f maternal and child-health services
under the Federal Social Security Act. [Ch. 126.]
New Hampshire.

The State board of health was authorized to administer a program
o f maternal and child-health services and to supervise the adminis­
tration o f such services included in the program but not directly ad­
ministered by it; to cooperate with the Federal Government therein,
and to receive and expend Federal, State, and other funds made
available for such purposes. [Ch. 58.]
The State department of public welfare was authorized in coopera­
tion with State health authorities and county and local officials to
develop and administer a plan for providing medical or other remedial
care. [Ch. 202.]
Applicants for license to practice medicine were required after Jan­
uary 1, 1938, to have completed an interneship o f not less than 12
months approved by the State board of medical examiners. [Ch.
150.]
L
New Jersey.

The State director o f health was authorized to grant financial aid
not exceeding $600 per person per year, medical or surgical treatment,
or hospital care and maintenance for any needy person declared by the
State department o f health to be a disease carrier. [Ch. 144.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

76

CHILD-WELFARE LEGISLATION, 1937

New Mexico.

A State department of public health was created, and all powers
and duties relating to public health heretofore vested in the depart­
ment of public welfare (see p. 12), the bureau of public health, and
the board of health were transferred to the new department. Addi­
tional powers and duties conferred include regulations, so far as
health is affected, of maternity homes, asylums, orphanages, swim­
ming pools, and places o f public amusement. The department is to
cooperate with the health agencies of the Federal Government and
with other health agencies and to receive allotments and gifts from
the Federal Government or any department thereof and from public
or private agencies for the purpose o f promoting public health; to
aid and advise in the prevention o f infant mortality and infant blind­
ness, and to prescribe prophylactic treatment for the prevention o f
infant blindness; to promote child hygiene; and to regulate the prac­
tice o f midwifery. [Ch. 39.]
A State board o f examiners for graduate nurses was created, and
qualifications to practice in the State were raised. [Ch. 200.]
The juvenile-court attorneys (see p. 45) were authorized to repre­
sent the State health department in all matters involving the public
health. [Ch. 149.]
New York.

The State department o f health was specifically designated the State
agency to receive and disburse Federal funds for maternal and childhealth services and to cooperate with Federal agencies in the adminis­
tration of such services. [Ch. 15.]
An appropriation of $400,000 was made to the State department o f
health for furthering the prevention, diagnosis, treatment, and con­
trol o f pneumonia. The funds may be used for this purpose in
various ways, including public education, research, and the purchase
and free distribution o f pneumonia serum. [Ch. 259.]
Provisions o f the public-health law as to the method o f organiza­
tion o f local boards o f health and their powers and duties were
amended. [Ch. 191.]
North Carolina.

The authority o f the State board of health to establish full-time
county and district health departments iwas' extended to include
Martin County (formerly specifically excepted). [Ch. 17.]
Domestic servants were required to present health certificates to
their employers showing freedom from certain diseases and to be
reexamined as often as the employer may require. [Ch. 337.]
Ohio.

The county administration was authorized, subject to regulations
o f the division of public assistance in the State department o f public
welfare, to provide medical, surgical, dental, optical, and mental
examination and corrective or preventive treatment for any child or
relative responsible for the care of a child receiving aid under the
law providing for aid to dependent children. Estimates of the health
needs o f the persons eligible for assistance are to be included in the
county administration’s annual county budget for aid to dependent
children. [H. 544.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD HYGIENE AND PUBLIC HEALTH

77

Oklahoma.

The county welfare board in any county not employing a full-time
county physician was authorized to pay the county health officer for
medical and surgical services to indigent persons desiring him to
administer to them. The individuals’ right to free choice of physician
was specifically protected. [Ch. 35, art. 9.]
Authority was given to the school-district board or board of educa­
tion o f any school district (or of two or more adjoining school dis­
tricts) to employ physicians, dentists, and nurses. Minimum qualifica­
tions and duties were prescribed. The State health commissioner was
authorized to add requirements or qualifications deemed necessary
and to promulgate additional rules governing duties o f such em­
ployees. [Ch. 34, art. 4.]
Oregon.

The State board o f health was designated the State agency to
receive and disburse grants from the Federal Government for pro­
moting the health o f mothers and children. [Ch. 39.]
The authority of the county courts to establish county boards of
health was restricted by a requirement that the establishment of such
a board must be authorized at an election. [Ch. 301.]
Homes and institutions caring for venereally infected children of
school age and under 21 years were required to obtain a license from
the State child-welfare commission, issued on approval by the State
board o f health, before State funds can be granted to them. Compli­
ance with certain conditions as to staff and equipment was made
compulsory. [Ch. 431.]
Pennsylvania.

An appropriation o f $10,009 for the biennium was made to the
State department o f health to reimburse hospitals designated by it
for the care (including skilled nursing care) o f patients suffering
from ophthalmia neonatorum and for transportation to and from
such hospital when necessary. [No. 97A.]
A sum o f $40,000 was appropriated to the State department of
health for use o f the land-grant college o f Pennsylvania (the Pennsyl­
vania State College), which had been engaged by the department to
conduct research m human nutrition for children, so as to continue
the work now in progress and to extend the research into other
areas. [No. 10&A.]
An act amending various provisions o f the education law included
a requirement that each school building o f 10 or more' classrooms
hereafter erected have a health room to be used for regular school
medical inspections and as a first-aid room. [No. 478.]
Puerto Rico.

The insular department of health was designated the insular
agency to cooperate with the Federal Government in extending and
developing services for the promotion of maternal and child health
and to administer funds made available for such purposes by the
Federal or the insular government and by the political subdivisions.
[No. 76.]
The department of health was authorized to license practical mid­
wives to practice as assistant midwives in rural districts, with such
68322— 38----- 6


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

78

CHILD-WELFARE LEGISLATION, 1937

preparation and under such regulations as the department may pre­
scribe. (Formerly only graduate nurses were so licensed.) [No. 135.]
The commissioner of health was empowered to issue licenses, on
recommendation o f the board o f medical examiners, for the teaching
and practice o f eugenic principles in public health units and in cer­
tain public-health clinics and hospitals. Issuance of such licenses was
limited to physicians and to qualified midwife-nurses under immedi­
ate direction o f physicians so licensed. Circumstances in which the
information or practice is authorized were specified in the act
[No. 136.]
Rhode Island.

The legislature accepted the provisions o f the Federal Social Se­
curity Act relating to maternal and child health and designated the
State department o f public health the State agency to administer
these provisions in the State. The department was directed to pre­
pare and carry out a plan for such services conforming to the re­
quirements o f the Federal Children’s Bureau. [Ch. 2481.]
South Carolina.

The State department o f health was directed to use the funds
appropriated for rural sanitation and public health in the annual ap­
propriation act to carry on suitable health work in every county
through a county or district health department. Each such depart­
ment is to have a director with specified qualifications and necessary
personnel, including for each county a public-health nurse with speci­
fied qualifications. (Existing laws provide for county health boards
in certain counties.) [No. 383, sec. 32.]
The Greenville County Board o f Charity Appeals was authorized
to employ and discharge county nurses, with approval o f the county
legislative delegation, including the senator, and to supervise the
employment o f such nurses. It was empowered to place a county
nurse under the supervision o f any social-service affencv in the
county. [No. 346.]
An act providing a system o f government for Darlington County
and repealing existing laws on the subject contained provision for a
county health officer, appointed by the county board o f directors
[No. 278.]
South Dakota.

The State board o f health was designated the State agency to co­
operate with the Federal Government in the administration o f ma­
ternal and child-health services as provided in the Federal Social
Security Act and to receive and disburse Federal funds for such
purposes. [Ch. 231.]
Tennessee.

The Administrative Reorganization Act (see p. 17) continued the
State department o f public health with its former powers and duties,
gave the department also the powers and duties o f the tuberculosishospital commission (which was abolished), and transferred to it the
commission for crippled children’s service (formerly in the office o f
the adjutant general). The State board o f health was designated the
State public-health council, and the commissioner o f health was
relieved from serving as its secretary. [Ch. 33.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD HYGIENE AND PUBLIC HEALTH

79

Vermont.

Instruction concerning the effect o f alcoholic drinks and narcotics
on the human system and on society was made part o f the school cur­
riculum. [No. 73.]
Washington.

The act vesting duties respecting public assistance in the new State
department of social security (see p. 19) specifically included publichealth, medical, and welfare activities formerly performed^ by the
boards of county commissioners and by the department, including
medical care and hospitalization. [Ch. 180.]
The board o f directors o f each school district o f the second and
third class was authorized to employ a physician or a public-health
nurse for the purpose o f protecting the health o f the children in such
district. [Ch. 60.]
West Virginia.

The provision in the Public Welfare Law o f 1936 that included
among persons eligible for general relief those financially able to
maintain themselves under ordinary conditions but unable to provide
needed medical or surgical care or treatment was stricken out. [Ch.
72.]
.
.
'
Vaccination for smallpox and diphtheria was made compulsory for
all children entering school for the first time in the State. [Ch. 129.]
Standards for accredited schools for nurses were raised. [Ch. 60.]
Wisconsin.

The crippled children’s division of the State department o f public
instruction wa^ given supervision o f academic classes for malnour­
ished children and for children in preventoria. It was also provided
that Federal funds that may be made available for the education of
these children be administered by this division. [Ch. 128.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL
ATTENDANCE
Advances in standards affecting the employment o f minors, both in
the regulation o f conditions o f labor and in the improvement o f schoolattendance requirements, were made in more than half the States.
MINIMUM AGE, EMPLOYMENT CERTIFICATES

Laws relating to minimum-age and employment-certificate stand­
ards were passed by seven States. The greatest improvement was
made in North Carolina and South Carolina, both of which adopted a
basic minimum age o f 16, making a total o f 10 States that have a
16-year minimum-age standard (the other 8 being Connecticut, Mon­
tana, New York, Ohio, Pennsylvania, Rhode Island, Utah, and
Wisconsin).
Connecticut.

The provisions of the law relating to school-leaving certificates
were clarified. [Ch. 51.]
North Carolina.

A new child-labor law, effective July 1937, which raised standards
and strengthened administrative provisions, was adopted. It set a
16-year minimum age for factory employment at any time and for all
work during school hours, and in addition a minimum age o f 14 years
for work outside school hours in nonfactory employment. Employ­
ment certificates are required for minors under 18 years o f age (for­
merly under 16). [Ch. 317.]
Oregon.

The State board o f health was authorized to issue abbreviated birth
certificates for children to use in making application for work per­
mits and for similar uses. [Ch. 400.]
South Carolina.

A 16-year minimum age was established for factory or mine employ­
ment at any time and for any work during school hours. No minimum
age was set for store or other nonfactory and nonmine employment
outside school hours. [No. 331.]
Vermont.

The 14-year minimum age for employment in mills, canneries, fac­
tories, and workshops was extended to cover work in any gainful occu­
pation during school hours. [No. 176.]
Employment certificates were required for minors under 16 years
o f age in any gainful employment during school hours (formerly re­
quired only m specified occupations) . Such certificates are still to be
issued by the State commissioner o f industries. The types o f evidence
to be accepted as evidence o f age were specified, and the former law
80


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

gl

giving the commissioner authority to prescribe rules and regulations
necessary to obtain satisfactory evidence o f age was repealed. [No.
176.]
Wisconsin.

The exemption to the minimum-age provision under which children
12 and 13 years o f age were permitted to work during vacation in cer­
tain nonfactory employments was eliminated, but children o f these
ages may still be employed during vacation and outside school hours
at work usual to the home of the employer, provided such work is not
a, part o f his business or profession. [Extra sess., ch. 6.]
HOURS OF LABOR, NIGHT WORK

Twelve States passed laws and one additional State issued rulings
improving standards o f hours or night work for children under 16
or for minors 16 and 17 years o f age. In addition to the regulations
summarized below, laws were passed in a number of States relating
to hours for women and in some States for both men and women,
which may affect hours for minors between 18 and 21 years o f age.
Connecticut.

Amendments to the law establishing a 9-hour day and 48-hour week
in manufacturing and mechanical establishments for women and
minors under 18 years of age limited to 8 weeks in any 12 months the
period during which a 10-hour day, 55-hour week is permitted be­
cause o f an emergency or because seasonal demand places an unusual
and temporary burden on the establishments. The requirement that
the law be posted which was omitted from, the law when it was
.amended in 1935, was restored. [Ch. 407.]
Standards o f hours o f labor for girls 16 and 17 years o f age in mer­
cantile establishments were improved as a result o f the amendment to
the law regulating hours o f work o f all females in these establish­
ments. The 9-hour day, 52-hour week, was reduced to an 8-hour day,
48-hour week, and the 6-day week was retained. One 10-hour day a
week is permitted for the purpose o f making“ 1 shorter day in that
week, and the law is suspended during Christmas week in the case o f
employers who have given seven holidays with pay during the year.
[Ch. 153.]
The law prohibiting the employment o f minors under 18 years o f
age and o f women between the hours o f 10 p. m. and 6 a. m. was
amended to exempt physicians, surgeons, pharmacists, nurses, lawyers,
teachers, and women engaged in social-service work. [Ch. 188.]
Illinois.

Standards o f hours o f labor for girls 16 and 17 years of age in
factories, stores, and other specified establishments were improved
as a result o f the amendment of the law regulating hours o f work
for females. The 10-hour day for these workers was reduced to 8,
and a weekly maximum o f 48 hours was established (with exemp­
tions). The number o f occupations covered by the law was also
increased. [Sess. Laws, p. 550.]
New Hampshire.

A 10-hour day, 48-hour week, was established for minors under 18
years o f age and all females employed at manual or mechanical labor

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

82

CHILD-WELFARE LEGISLATION, 1937

in manufacturing establishments. (Formerly a 10%-hour day, 54hour week was allowed.) The labor commissioner was authorized to
grant, after hearing, a special license in case o f necessity permitting
overtime up to 10% hours a day, 54 hours a week, for not more than
8 weeks in any 6-month period. [Ch. 36.]
New York.

The 8-hour day, 48-hour week, 6-day week, and the prohibition o f
work between midnight and 6 a. m. (with exemptions) for boys be­
tween 16 and 18 years of age in factories and stores was extended to
hotels and restaurants. The 9-hour day, 54-hour week, for girls 16
and over in restaurants in cities o f 50,000 population or more was
reduced to an 8-hour day, 48-hour week, 6-day week (with exemp­
tions), and was extended to restaurants and hotels throughout the
State. Night work was prohibited between 10 p. m. and 6 a. m. for
girls under 21 in both restaurants and hotels. [Ch. 282.]
North Carolina.

The new child-labor law reduced the 48-hour week for children
under 16 years of age to 40 hours a week in occupations in which
children under 16 may still be employed. The former maximum
8-hour day was retained. A maximum 9-hour day, 48-hour week,
was established for minors 16 and IT years o f age, this being the
first legislation setting maximum hours specifically for minors over
16 years o f age in this State. The prohibition against night work
between 7 p. m. and 6 a. m. for minors under 16 was amended so that
the prohibited period was lengthened by 2 hours, now extending
from 6 p. m. to 7 a. m. The prohibition against work in factories
between 9 p. m. and 6 a. m. for girls between 16 and 18 years o f age
was made applicable to all occupations. Work in any gainful occu­
pation was also prohibited for boys o f these ages between midnight
and 6 a. m. (with exemption to 1 a. m. for boys working as mes­
sengers and to midnight for minors employed in concerts or theatri­
cal performances under regulations prescribed by the commissioner
o f labor). [Ch. 317.]
_
Ohio.

The 8-hour day, 48-hour week, 6-day week for boys under 16 and
girls under 18 at work in factories, mercantile establishments, and
other specified industrial and commercial occupations was extended
to boys under 18 years o f age and girls under 21. For boys 16 to 18
and girls 16 to 21 a 10-hour day was permitted in mercantile estab­
lishments on Saturdays and on days preceding specified holidays. A
maximum 45-hour week was established for all females employed in
manufacturing establishments. [S. 287.]
Oregon.

The State welfare commission, by order effective 60 days from July
1, 1937, established an 8-hour day, 44-hour week, and 6-day week for
minors under 18 years of age. (Formerly the maximum established
was an 8-hour day, 48-hour week, 6-day week for minors under 16
years of age, a 10-hour day, 6-day week for boys between 16 and 18,
and a 9-hour day, 48-hour week, 6-day week for girls between 16 and
18.) Under the new order the night-work prohibition after 6 p. m.,


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

33

formerly applying to girls between 16 and 18 years o f age, applies
only to minors under 16. [Orders, State welfare commission, July
16, 1937.]
Pennsylvania.

A 5%-day week (with exemptions), established in the revision o f
the maximum-hours law for all females, reduced the maximum work­
week for minor girls (formerly 6 days per week). An hours-oflabor law affecting all employees, fixing a maximum 8-hour day,
44-hour week, and 5%-day week (with exemptions) was also enacted,
which will similarly reduce the workweek for minor boys. [No. 567.J
South Carolina.

In connection with raising the minimum age to 16 in factories (see
p. 80) the prohibition o f night work for minors under 16, which had
formerly applied only to work in factories, was applied to all other
occupations except agriculture and domestic service. The prohibited
hours are from 8 p. m. to 5 a. m. ( formerly to 6 a. m.). [No. 331.]
Vermont.

The 1 0 ^ -hour day, 56-hour week for minors of 16 and 17 years of
age and all females in factories was reduced to a 9-hour day, 50-hour
week (with exemptions). [No. 177.]
Washington.

A maximum 60-hour week for male and female household or domes­
tic employees (except in emergencies) was established. This will
affect the work hours o f minors under 18 years o f age in domestic
service. [Ch. 129.]
Wisconsin.

The maximum-hours law for minors was revised and strengthened.
An 8-hour day, 40-hour week, and 6-day week was established for
minors under 18 years o f age, and a 24-hour week for those under 16,
in all gainful occupations except agriculture and domestic service.
(Formerly the maximum established was an 8-hour day, 48-hour week,
for minors under 16 in these occupations.) [Extra sess., ch. 6.]
Wyoming.

Work between 10 p. m. and 7 a. m. was prohibited for girls under
18 years o f age in any manufacturing, mechanical, or mercantile es­
tablishment, laundry, hotel, public lodginghouse, apartment house,
place o f amusement or restaurant, or telephone or telegraph estab­
lishment or office, or in any express or transportation business, except
in the canning o f perishable products or in emergencies resulting
from an act o f God. [Ch. 30.]
HAZARDOUS OCCUPATIONS

Eight States passed legislation relating to the protection of children
from hazardous occupations.
Colorado.

An act regulating labor standards and trade practices in the clean­
ing and dyeing industry prohibited the employment o f persons under
17 years o f age in the trade. [Ch. 113.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

84

CHILD-WELFARE LEGISLATION, 1937

Connecticut.

The child-labor law was revised to prohibit employment o f minors
under 18 years of age in any occupation declared by the State depart­
ment o f health to be hazardous to health or declared by the State de­
partment o f labor and factory inspection to be hazardous in other re­
spects. This provision does not apply to bona fide apprentices be­
tween 16 and 18 years o f age in factories or in public or trade schools
nor to domestic service, farm work, or street trades. [Ch. 378.]
holic or malt beverages. [Ch. 240.]
Indiana.

The minimum age for boys working in coal mines was raised to 18
years (formerly 16). Employment of minors under 18 was prohibited
in establishments in which the principal business is the sale o f alco­
holic or malt beverages. [Ch. 240.]
Idaho.

A minimum age o f 20 years for employment in beer dispensaries was
established. [Ch. 44.]
North Carolina.

The employment o f minors under 18 years o f age in hazardous
occupations was prohibited by the new child-labor law (see p. 80),
certain hazardous occupations being specifically prohibited for minors
under 16 and others for those under 18. The commissioner o f labor
was authorized to issue orders prohibiting the employment o f minors
under 18 years o f age in hazardous occupations. [Ch. 317.]
Texas.

In a revision o f the liquor-control law the employment o f any per­
son under 21 years o f age to sell liquor was prohibited. [Ch. 448.]
Vermont.

The employment o f minors under 16 years o f age was prohibited in
a number of hazardous occupations specified in the law. [No. 176.]
Wisconsin.

Minor boys working as caddies were declared to be employees o f the
g olf club or association operating the golf course (including Statei
and municipal associations), and the State industrial commission was
given power to regulate the employment of boys under 18 as caddies.
Such regulations, however, majr waive work permits. Caddying was
prohibited for girls under 21 years o f age. [Extra sess., ch. 6.]
The regulations applying to minors in public exhibitions were
strengthened, permits being required to 18 years (formerly to 16),
and a minimum age o f 12 being established as one o f the conditions for
obtaining a permit. In addition a minimum age o f 18 was set for
minors appearing or performing in roadhouses, cabarets, night clubs,
or similar places. [Extra sess., ch. 6.]
The 18-year minimum-age standard for hazardous employment was!
extended to many occupations for which the commission had formerly
set a minimum age o f 17 by ruling. [Extra sess., ch. 6.]
STREET TRADES

Three States improved standards for children engaged in street
trades. One o f these—Wisconsin—passed legislation intended to pre-


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

§5

vent some o f the abuses to newspaper carriers and sellers inherent in
the “ little merchant” system, which has been increasingly used by
publishers and news agencies in selling and distributing papers.
Massachusetts.

The street-trades law was extended to apply to the sale o f song
sheets. [Ch. 73.]
North Carolina.

Improvements effected by the new child-labor law include raising
the minimum age for girls in street trades from 16 to 18 years, en­
larging the application o f the 14-year minimum age, requiring em­
ployment certificates for boys to 18 years o f age, and improving the
hours standards. [Ch. 317.]
Wisconsin.

The street-trades law was revised to provide expressly that any
person selling or distributing newspapers or magazines is an em­
ployee and that the agency or publisher for whom he distributes or
sells is his employer for the purposes of the act. The minimum age
for newsboys was raised to 13 years (formerly 12). In cities o f 1,000
or more population the employer was required to obtain work permits
for the boys, and badges permitting employment in street trades were
to be issued to boys up to the age o i 18 years (formerly to 17). Hours
and night work were regulated, and it was provided that the time
spent by the boy in collection or solicitation is to be counted as part
o f his working hours. [Chs. 162, 401.]
COMPULSORY SCHOOL ATTENDANCE

Five States enacted legislation relating to school attendance.
Four o f these passed amendments to their compulsory-school-attend­
ance laws, two raising the upper age of compulsory attendance and
two the term during which attendance is compulsory. One State au­
thorized a study to be made with a view to raising the age limit o f
compulsory school attendance.
Massachusetts.

An investigation was authorized in regard to raising the age limit
for compulsory school attendance. [Resolve ch. 65.]
Oklahoma.

An amendment to the compulsory-school-attendance law required
attendance o f children o f school age for the entire term (formerly
for two-thirds thereof), and reduced the age at which children must
enter school to 7 years (formerly 8). [Ch. 34.]
Pennsylvania.

The upper age limit for compulsory school attendance was raised
from 16 years to 17 years, effective for the school year 1938-39, and to
18 years thereafter. (This brought the compulsory-school-attendance
requirements into accord with the 16-year minimum age for employ­
ment established in 1935.) [No. 478.]
South Carolina.

The upper age limit for compulsory school attendance was raised
to 16 years o f age (formerly 14). [No. 344.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

86

CHILD-WELFARE LEGISLATION, 1937

Wisconsin.

School attendance during the entire term was made compulsory
throughout the State. (Formerly attendance for the entire term had
been required only in Milwaukee; in other cities attendance had been
required for not less than 8 months and in towns and villages for
not less than 6 months.) [Ch. 40.]
MINORS UNDER WORKMEN'S COMPENSATION OR
OCCUPATIONAL-DISEASE LAWS

Legislation improving the status o f minor workers who are disabled
in the course o f their employment was passed by four States.
Florida.

An amendment to the workmen’s compensation law provided that
compensation and death benefits shall be double the amount otherwise
payable if the State industrial commission determines that the injured
employee, at the time o f the accident, was a minor employed, per­
mitted, or suffered to work in violation o f any o f the provisions o f the
child-labor law. The employer alone and not the insurance carrier
was made liable for the increased payments. [Ch. 18413.]
Indiana.

The new occupational-disease law provided for the payment o f dou­
ble compensation or death benefits in the case o f minors who on the
last day o f exposure were illegally employed. [Ch. 69.]
Pennsylvania.

A revision o f the workmen’s compensation law provided that com­
pensation o f a minor whose disability continues after 21 years o f age
shall be based on the amount he probably would have earned at hig
majority if he had not been disabled. [No. 323.]
Wisconsin.

The workmen’s compensation law was amended to provide that per­
sons selling or distributing newspapers or magazines are deemed em­
ployees o f the agency or the publisher whose magazines or papers
they sell or distribute, unless the agency or publisher can prove af­
firmatively that at the tune o f the injury the employee was not em­
ployed with actual or constructive knowledge o f such emplover.
[Chs. 162,401.]
APPRENTICESHIP

Three States passed laws encouraging apprenticeship. (For the
Federal law authorizing the Secretary o f Labor to promote standards
o f apprenticeship, see p. 90.)
Arkansas.

Provision was made for active participation o f organizations o f
employees and employers in the development o f a State-approved ap­
prenticeship program through a system o f voluntary apprenticeship
under approved apprentice agreements. The apprentice agreement
must provide for not less than 2,000 hours o f employment and ap­
proved training, and the apprentice must be at least 16 years old.
The agreement must be approved by the supervisor o f apprenticeship
appointed by the State commissioner o f labor. [No. 289.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE
Colorado.

.

87

.

A law was passed authorizing voluntary apprenticeship under ap­
prentice agreements approved by the State board for vocational edu­
cation. The apprentice must be at least 16 years old, and the contract
o f apprenticeship must provide for not less than 3,500 hours o f em­
ployment and approved training. [Ch. 87.]
Wisconsin.

.

The apprenticeship law was amended to provide opportunity for
greater diversity o f training and continuity of employment for ap­
prentices than would be possible under a single employer. The apprentice may enter into an indenture with, an organization o f employees, association o f employers, or other similar responsible agency,
which may, with the consent o f all parties concerned and the approval
o f the State industrial commission, assign the indenture to an em­
ployer who will furnish training and employment to the apprentice
and be bound by all the terms o f the indenture. The employer may
assign his indenture to such an organization or to another employer
for the purpose o f reassignment, the new employer to perform any
obligations o f the indenture remaining unperformed at the time o f
assignment. [Ch. 274.]
SALE OF CHILD-MADE GOODS

Three States passed legislation prohibiting the sale of child-made
goods, each State giving a different definition of such goods.
Missouri.

The sale o f any product o f a mine, mill, cannery, \yorkshop, or
factory produced wholly or in part by child labor was prohibited.
Child labor was defined as the employment o f persons under 18 years
o f age in mining or quarrying, except when employed by parents or
guardian, and o f persons under 16 years o f age in or in connection
with the production o f any mill, cannery, workshop, or factory prod­
ucts. [Sess. Laws, p. 196.]
New York.

The sale o f goods produced in or for a factory or by industrial
home work by children under 16 years o f age, or produced or mined
by such children in any mine or quarry in New York or in any other
State or in any Territory or possession o f the United States, was pro­
hibited, provided the seller has notice that such goods were so pro­
duced. [Ch. 806.]
Vermont.

It was made unlawful to sell knowingly any article or products in
the production of which children have been employed in Vermont
in violation o f the State child-labor law or outside the State in vio­
lation o f the standards set by the Vermont law. [No. 176.]
CHILD-LABOR AMENDMENT

The legislatures of four States—Kansas, Kentucky, New Mexico,
and Nevada—ratified the pending Federal child-labor amendment dur­
ing 1937, bringing the number of ratifications to 28. [Kans., S. Con.
Res. 3; Ky., 4th extra sess., ch. 30; Nev., S. J. Res. 1, p. 548.]


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

88

CHILD-WELFARE LEGISLATION, 1937

In addition the legislatures o f Arkansas and California passed reso­
lutions urging the President o f the United States to continue to use
his good offices to persuade the States that have not yet ratified the
amendment to do so. [Calif., H. J. Res. 15, ch. 21, p. 2696.]
STATE DEPARTMENTS OF LABOR

Four States passed laws relating to State departments o f labor.
Arkansas.

A State department o f labor was created to replace the former bu­
reau of labor and statistics. An industrial board was established in
the department with authority to make (after public hearing) rules,
relating to safety and the prevention o f accidents or occupational
diseases. [Act 161.]
Georgia.

A State department o f labor was created, replacing the former
State department of industrial relations. An industrial board was
established in the department and empowered to administer the work­
men’s compensation law and to make (after public hearing) rules
relating to health and safety. [Sess. Laws, p. 230.]
Indiana.

A division o f labor was created in the State department of com­
merce and industries, under the direction o f a commissioner of labor,,
and a bureau o f women and children was included among the bureaus
established in the division. [Ch. 34.]
New York.

V

A board of standards and appeals was created in the State depart­
ment o f labor, and certain powers and duties o f the industrial board,
including its rule-making power, were transferred to this new board.
[Ch. 819.]
INDUSTRIAL HOME WORK

Progress was made in the control o f industrial home work, legis­
lation affecting this practice being passed in five States. Two States
(Illinois and Massachusetts) revised early home-work laws and
another (Connecticut) amended its recent law. Two other States
(Pennsylvania and Texas) passed industrial home-work laws for
the first time. (Pennsylvania had regulated industrial home work
for many years under rulings o f the State industrial board.)
Connecticut.

An amendment to the industrial home-work law o f 1935 strength­
ened the administrative provisions. Employers distributing indus­
trial home work must obtain an annual certificate and keep certain
records, and the commissioner o f labor and factory inspection was
empowered to revoke for cause employers’ certificates and home
workers’ permits. [Ch. 104.]
Illinois.

The new law prohibited industrial home work on specified articles
and regulated conditions under which home work on other articles
may be done. The person distributing home work must obtain an
annual permit, and the home workers also must obtain annual certifi
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

gg

•cates. No child under 16 years o f age may be issued a certificate.
The owner o f the premises ©n which home work is done must obtain
a sanitary permit. (The law o f 1893 regulating industrial home
work, which dealt only with sanitary conditions, was repealed.)
{Sess. Laws, p. 552.]
Massachusetts.

Industrial home work on specified articles was entirely prohibited,
also home work on any articles the manufacture o f which by indus­
trial home work is determined by the commissioner of labor and
industries to be injurious to the home workers or to render unduly
difficult the maintenance o f existing labor standards for factory
workers. Employers must obtain annual permits and keep records.
Home workers must obtain certificates, and none may be issued to
children under 14 years o f age. (The former industrial home-work
law was repealed.) [Ch. 429.]
Pennsylvania.

A law on industrial home work prohibited such work on certain
articles and empowered the State department o f labor to prohibit
industrial home work in any industry in which the department finds
its continuance will injure the health and welfare o f the home workers
or render unduly difficult the maintenance o f existing labor stand­
ards for factory workers. The new law also regulates conditions
under which home work may be done, requiring employers and home
workers to obtain permits and prohibiting home work by persons
under 16 years o f age. (Industrial home work formerly was regu­
lated by rulings o f the State industrial board.) [No. 176.]
Texas.

A new industrial home-work act placed administration in the State
board o f health, which was authorized to prohibit home work found
to be injurious to the health or welfare o f home workers or to the
general public. Industrial home workers must obtain certificates, and
persons distributing home work must also obtain permits. The act
prohibits industrial home work by children under 15 years o f age.
£Ch. 48.]
8
MINIMUM WAGE

Marked progress was made in the passage of minimum-wage legis­
lation during 1937 as a result of the decision o f the United States
Supreme Court upholding the Washington State minimum-wage*
law o f 1913 and reversing its former decision (in 1923) holding State
minimum-wage laws unconstitutional as regards adult women. Ten
States enacted legislation relating to minimum wage, four o f these
passing new laws, one applicable to men as well as to women and
minors.
Arizona.

The establishment of minimum wages for women and minors,
«except in domestic service in the home o f an employer or in agricul­
tural labor, was authorized. [2d extra sess., ch. 20.]
Connecticut.

The minimum-wage law was amended to allow directory orders
as to minimum fair wage to be made mandatory after being in effect
3 months (formerly 9 months). [Ch. 319.]

https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

90

CHILD-WELFARE LEGISLATION, 1937

Colorado.

An act supplementing the existing minimum-wage law authorized
the State industrial commission to establish such standards of wages
and conditions o f labor for women and minors as are fair and rea­
sonable and consistent with the maintenance o f health and morals.
A fair and reasonable wage was defined as a wage sufficient to meet
minimum standards o f living, to maintain health and morals, and to
provide a reasonable surplus for periods o f sickness or other emer­
gencies. [Ch. 189.]
Massachusetts.

The law relating to minimum wages for women and minors was
amended to transfer its administration from the State department
o f public health to the State department o f labor and industries.
[Ch. 401.]
Minnesota.

The term minor in the minimum-wage law was redefined to include
all persons under 21 years o f age. (Formerly minor was defined to
mean girls under 18, boys under 21.) [Ch. 79.]
New York.

Provisions in the labor law as to minimum wages were revised
and simplified. Cost o f living was included in the factors to be
considered in setting minimum wages. Directory orders under the
new law may be made mandatory .after 3 months (formerly after 9
months.) [Ch. 276.]
Nevada.

A new law set a minimum wage o f $3 for an 8-hour day, or $18 for
a 6-day week, and established a maximum 8-hour day, 48-hour week
for all females in private employment other than domestic service
(with exemptions in emergencies). The State labor commissioner
was authorized to enforce and administer the act. [Ch. 207.]
Oklahoma.

A minimum-wage act, the first to be passed in this State, authorized
the establishment o f minimum wages for men as well as for women
and minors. Administration was placed in a State industrial welfare
commission created for that purpose. [Ch. 52.]
Pennsylvania.

.

A minimum-wage law for women and minors was passed and its
administration was vested in the State department o f labor and
industry. [No. 248.]
Wisconsin.

The minimum-wage law for minors based on cost o f living was
amended to include women. (The former minimum-wage law pro­
hibiting payment o f “ oppressive” wages to women and authorizing
minimum wages based on services rendered was repealed.) [Ch. 333.]
FEDERAL LEGISLATION AFFECTING THE EMPLOYMENT OF MINORS

The Secretary o f Labor was authorized to formulate and to pro­
mote labor standards necessary to safeguard the welfare o f appren­
tices and to cooperate with State agencies, the National Youth Ad-


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

Q][

ministration, and the United States Office o f Education in promotion
o f such standards. [Public, No. 308, 75th Cong., 1st sess.]
Provision was made by statute for the Civilian Conservation Corps
providing employment and training for male citizens between 17 and
24 years o f age, and to a limited extent for Indians and war veterans
who are unemployed and in need o f employment. This act results in
an extension o f the Civilian Conservation Corps for 3 years from
July 1, 1937. [Public, No. 163, 75th Cong., 1st sess.]
The minimum-wage compact already ratified by Massachusetts,
New Hampshire, and Rhode Island was approved by the Congress
and declared to be effective in those States. [Public Res. No. 58,
75th Cong., 1st sess.]
The Sugar Act o f 1937 set up sugar quotas and provided for pay­
ment o f benefits to producers conditioned on compliance with certain
labor standards. A minimum age o f 14 years and a maximum 8-hour
day for children between 14 and 16 years of age were set for work in
the production, cultivation, or harvesting o f sugar beets or sugarcane
with respect to which application for benefits is made. Members o f
the immediate family o f the legal owner o f 40 percent o f the crop
are exempted. The Secretary o f Agriculture was authorized to set
minimum wages for all workers. [Public, No. 414, 75th Cong.,
1st sess.]

o


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis