Full text of Child-Welfare Legislation, 1938, Bureau Publication No. 251

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UNITED STATES DEPARTMENT OF LABOR
FRANCES PERKINS, Secretary
CHILDREN'S BUREAU

K atharine F. Lenroot, Chief
♦

Child-Welfare Legislation

1938

4 t

Bureau Publication No. 251

LIBRARY
Agricultural & Mechanical College ef T
College Station, Texas.
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1939

For sale by the Superintendent of Documents, W ashington, D. C.

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CONTENTS
F a g«

Letter of transm ittal_____________________
State and local welfare departments______
Dependent and neglected children___
Adoption— Children born out of wedlock
Marriage________________________________
Offenses against minors________________ ” 1111
Delinquency and juvenile courts______” ” ”
Probation and parole_____________
” ”
Institutions for delinquent minors_____________
Recreation__________________ _________
Mental defectives____•„__________________
Physically handicapped c h ild r e n .,.” ”
Child health and public health...............
Child labor and compulsory school attendance

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L E T T E R OF TR A N SM IT T A L

U nited S tates D epartment of L abor,
C hildren ’ s B ureau ,

Washington, August 26, 1939.
M adam : Transmitted herewith is a report on Child-Welfare Legis

lation, 1938. The entire report except the section on child labor was
the work of Freda Ring Lyman of the Legal Research Unit j Rosamond
K. Stickney o f the Industrial Division wrote the child-labor section.
Respectfully submitted.
K ath arin e F. L enroot, Chief.
H on . F rances P erk ins ,

Secretary o f Labor.
IV

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Child-W elfare Legislation, 1938
During the calendar year 1938 the legislatures o f 9 States—Ken
tucky, Louisiana, Massachusetts, Mississippi, New Jersey, New York,
Rhode Island, South Carolina, and Virginia—and Puerto Rico met in
regular session. In 2 o f these States—Massachusetts and Mississippi—
and in 13 other States—Arizona, Arkansas, California, Georgia, Idaho,
Illinois, Indiana, Kansas, Michigan, New Mexico, North Carolina,
Ohio, and Pennsylvania—special sessions were held.
During this year the Congress o f the United States passed the
Federal Fair Labor Standards Act and the Federal Juvenile Delin
quency Act. In addition Congress enacted a new juvenile-court law
for the District o f Columbia.
The following summary covers laws passed by these States and
Puerto Rico and by Congress, affecting child welfare, child health, and
child labor. Analyses are also included o f a few other measures of
interest which became law or were prevented from becoming law by
popular vote at the elections o f 1938.
STA TE AN D LOCAL W E L F A R E D EPARTM EN TS
Laws relating to the organization and responsibilities o f State
and local welfare agencies were enacted in Puerto Rico and in 15
States— California, Georgia, Illinois, Indiana, Kansas, Kentucky,
Louisiana, Massachusetts, Mississippi, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, and Virginia.
In Michigan the voters rejected an act [No. 257] o f the 1937 legis
lature to establish a State department o f public assistance.
California.

A constitutional amendment proposed by the legislature and ap
proved at the election in November authorized the legislature to
provide for the administration o f relief and to modify, transfer, or en
large the powers vested in the relief administrator, the relief commis
sion, or other State agency or official concerned with the administration
o f relief or laws appertaining thereto. [Extra sess., Con. Res. ch. 18.]
The legislature approved an amendment to the charter o f the city
o f Santa Monica, which had been ratified at the municipal election
on December 7,1937, providing for a merit system for city employees.
[Extra sess., Con. Res. ch. 4.]
Georgia.

The State department of public welfare was authorized to expend
part o f its appropriation for the biennium ending June 30, 1939, to
pay the administrative operating expenses of county departments o f
public welfare (but not to exceed 10 percent o f total pensions paid)
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and to match Federal funds for old-age assistance, aid to dependent
children, aid to needy blind, and for a crippled children’s program.
[Extra sess., 1937-38, p. 68.]
In accordance with a constitutional amendment adopted by the
electors in June 1937, the counties were given authority by the legis
lature to provide by tax, not exceeding 3 mills per year, for payment
o f old-age assistance, assistance to the needy blind and to dependent
children, and “ other welfare benefits” administered by the State
department o f public welfare. [Extra sess.? 1937-38, p. 292.]
A ll gubernatorial appointments to public offices created by law
were declared subject to confirmation by the senate. The act was
given retroactive effect to include appointees to offices so created since
January 1, 1937. [Extra sess., 1937-38, p. 203.]
Revision o f laws concerning the organization and powers o f cer
tain county boards of commissioners o f roads and revenues included
provisions relating to responsibility for the promotion o f health and
welfare. [Extra sess., 1937-38, Montgomery County, pp. 856, 865;
Grady County, pp. 837, 841; Douglas County, p. 803.] Charter revi
sions in a few cities included similar provisions. [Extra sess., Buford,
p. 953; Jesup, p. 1142; Roberta, p. 1273.]
Illinois.

The law relating to the method of appointing county superintend
ents o f public welfare and the administrative staffs of county de
partments of public welfare (except in Cook County) was amended
to require selection on the basis o f competitive examinations held by
the State department of public welfare. (Formerly the county
boards submitted lists of five desirable candidates for the position
o f superintendent o f public welfare to the State department, which
held examinations and certified to the county board for appointment
the names of the best fitted among these; and the county superin
tendent o f public welfare selected his administrative staff in con
formity with minimum qualifications established by the State de
partment o f public welfare and subject to its approval.) [Extra
sess., p. 27.]
Indiana.

Provision was made for additional State reimbursement to counties
during the calendar year 1939 for expenditures for welfare services
exclusive o f the operation of institutions. [Extra sess., ch. 5.]
Kansas.

An emergency social-welfare fund was established, and the State
board o f social welfare was authorized to make grants from this
fund to counties having extraordinarily heavy social-welfare costs.
[Extra sess., ch. 66.]
Kentucky.

The organization of the division of hospitals and mental hygiene of
the State department o f welfare was specified and its responsibilities
for mental-hygiene activities enumerated. [2d extra sess., ch. 1.]
A constitutional amendment was proposed to require the legislature
to provide by law for assistance to the aged, to the blind, and to de-

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STATE AND LOCAL WELFARE DEPARTMENTS

pendent children, and for other assistance in cooperation with the
Federal Government under the Social Security Act and acts amend
atory thereto. This act is subject to popular vote at the election in
1939. [Ch. 20.]
Amendments to charters o f cities of the second and third class
included provisions for a civil-service system for city employees.
[Chs. 53, 114.]
Louisiana.

A constitutional amendment proposed by the legislature and
adopted at the election in November abolished the State board o f
charities and corrections. Its duties were vested in the department
o f public welfare under the Welfare Organization Act o f 1938 (see
below) and the adoption law o f 1938 (see p. 11). [Act 389.]
The Welfare Organization Act of 1938 amended the Welfare Or
ganization A ct of 1936, which had created State and parish depart
ments o f public welfare. The new provisions staggered the terms
o f the State and parish welfare boards and specified that each member
is to serve for a 5-year period (formerly during term o f the Governor
appointing th em ); established in the State department a bureau o f
finance and a bureau of research and statistics (a bureau of public
assistance and a bureau of child welfare were already provided f o r ) ;
gave the commissioner o f the department authority to create new
bureaus and full authority (formerly subject to approval o f the
State board) to allocate and reallocate functions among the var
ious bureaus and divisions, also to appoint State, district, and parish
personnel (except the parish and district boards). The department
was directed to promulgate rules and regulations to carry out the
act, binding on the parishes and other local units and on private
agencies subject to the department’s supervision. Its authority to
establish standards o f service for State, district, and parish personnel
was broadened to include classification and compensation plans and
method o f selection. New responsibilities placed with the department
include the duty to administer and supervise all public child-welfare
activities relating to children who are dependent, neglected, delin
quent or in danger o f becoming delinquent, or who are physically
or mentally handicapped; to establish, extend, and strengthen serv
ices to such children in parish or district departments; to license and
supervise public and private agencies, institutions, and individuals
caring for children, under the rules and regulations of the State de
partment; and to provide such other services for children as may be
authorized by law; also to administer public-assistance funds, childwelfare funds, and funds for assistance to the handicapped. The
department was also authorized to enter into agreements with wel
fare agencies o f other States concerning services to residents and
nonresidents. A ll records o f the State and parish departments o f
public welfare were declared confidential. The expense o f carrying
out the duties of the State and parish departments (formerly limited
to the State department) was made a State charge. [Act 344.]
The members o f the State board o f public welfare were designated
also as the members o f the State hospital board. [Act 58.]
The department o f public welfare was given certain duties in
cooperation with the State hospital board with respect to placing.

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CHILD-W ELFARE LEGISLATION-, 1 9 3 8

and adoption of children from the maternity hospital to be estab
lished in Baton Rouge (see p. 11). [Act 170.]
The Public Assistance Act o f 1938 combined in one law the pro
visions o f three public-assistance measures enacted in 1936—pro
viding for aid to the needy aged, to the needy blind, and to de
pendent children— and simplified the procedure for granting aid.
[Act 359.]
A law applicable to the city and parish of New Orleans made
provision for a merit system for employees of the city and parish.
[A ct 187.]
Massachusetts.

A special unpaid commission was created to investigate the State
civil-service laws and the rules and regulations made thereunder,
with a view to revision and codification. The commission was di
rected to report with recommendations on or before December 7,
1938. [Resolves, ch. 82.]
The office o f superintendent of State aid for the city o f Lowell was
placed under civil service. [Ch. 91.]
The office o f commissioner o f welfare o f the city o f Revere was
placed under civil service by legislative act, which was made subject
to approval at the city election in 1938. [Ch. 194.]
Additions to the law for the support o f the poor provided that
two or more towns may on recommendation o f the State commissioner
o f public welfare or by vote o f each town and with approval o f
the commissioner, unite in the formation of a public-welfare dis
trict. The State department of public welfare was directed to
supervise the work o f such districts and was authorized to make
rules as necessary, including rules for the efficient use of the persons
employed bv the districts. Provision was made for State reim
bursement for one-third o f the amount paid by such districts for
salaries and expenses. [Ch. 476.]
The board of public welfare o f the town o f Weymouth was au
thorized, by an act subject to vote at the annual town meeting in
1938, to appoint a welfare agent. [Ch. 7.]
Cities, towns, and districts were empowered to borrow money out
side their authorized debt limit for public-welfare purposes during
1938. [Ch. 58.]
Michigan.

The vote at the November election defeated an act of 1937 (No.
257) to create a State department o f public assistance. This act,
which was suspended by initiative petition pending the vote at the
election, would have become effective January 1, 1938. As the
attorney general ruled that this act and six others on subjects closely
related to it (Nos. 258-263) must be construed together, the result
o f the vote rendered all these acts inoperative.
Mississippi.

The powers of the State department of public welfare were broad
ened to include administration or supervision of all public childwelfare services; licensing and inspection of private child-caring
agencies and supervision and inspection o f local public child-caring

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STATE AND LOCAL WELFARE DEPARTMENTS

agencies, institutions, and boarding homes; and supervision o f the
care of dependent and neglected children in foster homes or institu
tions, of the importation o f children, and o f the operation of all
State institutions for children. The county departments of public
welfare were authorized to provide such protective services for de
pendent children as will conserve home life and to assume responsi
bility for the care and support of dependent children needing public
care away from their own homes, including placing of such children
and cooperation with public or private authorities in such placing.
Maintenance of children in need o f care in their own homes or in
foster homes under circumstances not requiring that they become
wards o f court is to be provided from public funds made available
for welfare services. [Ch. 172.]
New Jersey.

The authority o f the State board o f children’s guardians over the
person and property o f its wards was redefined and clarified to facili
tate administration o f the guardianship of such property. [Ch. 160.]
The State financial-assistance commission was authorized to pre
scribe municipal relief standards, including the number o f persons
municipalities may employ on public assistance, and was given power
to withhold State funds from municipalities failing to comply with
its rules and regulations. The governing body o f each municipality
was required to appoint a local assistance board, which may include
not more than one member of such governing body. It was made the
duty o f this board to appoint the local director. (Formerly, appoint
ment o f the board was optional with the local governing body, which
had authority to constitute itself such a board, and its appointment
o f a director was optional also.) [Ch. 123.]
A temporary State commission was created to examine and report
on the economic, cultural, health, and living conditions of the Negro
urban population o f the State and the measures deemed necessary
for the improvement of such conditions. The commission was di
rected to report to the legislature with recommendations on or before
March 1, 1939. [Ch. 393.]
Deputy directors o f welfare in counties of the second class (Bergen,
Camden, Middlesex, Passaic, and Union) were placed in the exempt
class o f the civil service. [Ch. 382.]
Amendments to the adoption law made mandatory an investigation
o f the child’s social history by the State department o f institutions
and agencies or by an incorporated children’s agency and gave the
department certain other responsibilities (see p. 12). [Ch. 355.]
New York.

Amendments of the constitution, proposed by the constitutional
convention held in April and ratified at the November election, in
clude a declaration that the aid, care, and support o f the needy and
the protection and promotion o f health are public concerns. The
legislature was authorized to determine the unit o f government to
administer activities for such purposes and the method o f admin
istration, also to provide for State and local mental-hygiene activities
and for a system o f correction, probation, and parole. (Amend173333 — 39—

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CHILD-W ELFARE LEGISLATION, 1 9 3 8

ment No. 1 of Art X V II , relating to social welfare.) The range
o f welfare purposes for which State appropriations may be used was
broadened. [Amendment No. 8.]
The time at which the State board of social welfare is to present its
recommendations for the codification o f the public-welfare laws, in
pursuance o f its study authorized in 1936, was extended from Febru
ary 1938 to February 1939. [Ch. 1.]
The State department o f social welfare was authorized to grant
scholarships and fellowships for social-work training to State and
local public-welfare employees from funds received or appropriated
for the purpose. [Ch. 314.]
The State department o f social welfare was authorized to allocate
funds to the State department o f civil service to be used for expenses
o f that department in connection with civil-service examinations for
local home-relief positions. [Ch. 188.]
The date after which appointments o f State and local home-relief
staffs must be made from civil-service eligible lists was postponed
from July 1,1938, to December 31, 1938. [Ch. 482.]
Local appropriating bodies were authorized, subject to approval
by the State department o f social welfare, to continue payment o f
salaries to local public-welfare employees on leave for social-work
training. It was provided also that the salaries o f employees o f the
State social-welfare department may be similarly continued for such
purpose. [Ch. 481.]
The minimum share o f local home relief which counties, cities, and
towns are required to raise from current taxation was reduced to 20
percent (formerly 40 percent) during the year 1939 and to 40 percent
(formerly 60 percent) for the year 1940. [Ch. 305.]
The Dutchess County commissioner o f public welfare and the com
missioners and officers of other welfare districts in the county were
authorized to take over and continue the work o f the county board
o f child welfare which was abolished. [Ch. 45.]
A county board o f social welfare was created for Erie County and
to it were transferred the powers and duties o f the county board
o f child welfare, the county commissioner o f public welfare, and cer
tain duties o f the commissioner o f charities and corrections. The
child-welfare board and the office o f commissioner o f public welfare
were abolished. The common council o f Buffalo was authorized to
transfer certain relief responsibilities o f the city to the new county
board. [Ch. 28.]
The department o f charities in Oneida County was abolished. The
office o f county commissioner of public welfare was placed under
the general law relating to appointment or election o f county publicwelfare officials. [Ch. 537.]
The legislature made permanent the authorization for corporations
to make contributions for social and economic betterment. (F or a
number o f years this authorization has appeared in a law effective
for a 1-year period only.) [Ch. 544.]
The requirement for the licensing o f dispensaries by the State
department o f social welfare was amended to exclude dispensaries
maintained by the State department o f health, mental hygiene, or
education. [Ch. 123.]

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STATE AND LOCAL WELFARE DEPARTMENTS

Ohio.

A new poor-relief law was enacted to be in effect during the years
1938 and 1939 under the administration o f a State relief director
vested with responsibility for supervision o f local relief authorities
and for cooperation with all Federal, State, and local governments
and with private organizations engaging in administration o f activi
ties for relief, care, or assistance to dependents or for giving them
financial support. Included in the act are provisions for appoint
ment o f State and local staffs and for establishment o f a uniform
system o f records. [3d extra sess., p. 877.]
Pennsylvania.

An amendment to the Public Assistance Law o f 1937 gave the
department o f public assistance authority to provide medical care
for indigent persons from State or Federal funds. [1st extra sess.,
No. 10.]
’
The boards o f trustees o f certain institutions acquired by the State
for use as State mental hospitals were made departmental adminis
trative boards of the department of welfare (see p. 24). [1st extra
sess., No. 37.]
Puerto Rico.

A commission was created composed o f the commissioner o f health
or the official in his department designated by him, the attorney
general or the official in his department designated by him, and five
other persons to study the problem o f mendicity in Puerto Rico in
its social, medical, and psychological aspects and to study suitable
legislation to prohibit and penalize mendicity in the Island. A re
port was to be made to the Governor on or before December 1, 1938,
and to the legislature at its next regular session (1939). [No. 173.]
The insular board o f charities was directed to prepare plans for
the operation and functioning o f 64 rural medical centers now oper
ating under administration of the Puerto Rico Reconstruction A d
ministration. The commissioner of health was authorized to carry
out such plans and to administer the centers. [No. 142.]
The insular child-welfare board was authorized to appoint a childwelfare committee in the seat o f each senatorial district and in such
other cities and towns as it deems proper. Each committee is to be
composed o f not less than five members appointed for a term o f 1
year. [No. 160.]
The insular child-welfare board was given supervision o f the
establishment o f private institutions for children (see p. 10). [No.
48.]
Rhode Island.

The State department o f public welfare was designated the agency
to cooperate with the Federal Government in establishing, extending,
and strengthening chi Id-welfare services. [Ch. 2566.]
Virginia.

The Public Assistance Act o f 1938 continued the existing State and
local boards o f public welfare and established a system o f public
assistance, including a revised system o f aid to dependent children.

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CHILD-WELFARE LEGISLATION,

1938

Among the new powers and duties stated for the boards of public
welfare was administration of the new assistance provisions in
cooperation with the Federal Government under the Social Security
Act. The State board was directed to establish standards for State
and local personnel employed in the administration of the act.
[Ch. 379.]
The office o f overseer o f the poor was abolished throughout the
State. [Ch. 152.]
The State advisory legislative council was ^directed to make a
thorough study as to the advisability o f providing a merit system or
civil service for all persons to be employed by the commonwealth.
The council is to submit its report to the Governor at least 60 days
before the next regular session o f the legislature (1940), [Sess.
Laws, p. 1042.]

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D EPEN D EN T AN D N EGLECTED CHILDREN
Measures relating to public financial aid to dependent children in
their own homes or measures relating to care and services fo r
dependent children away from their own homes were enacted in
Puerto Rico and in eight States—Georgia, Kentucky, Louisiana*
Mississippi,- New Jersey, New York, Rhode Island, and Virginia.
Georgia.

Counties wrere given authority to provide, by tax not exceeding
3 mills per year, for payment o f aid to dependent children (see p. 2).
[Extra sess., 1937-38, p. 292.]
Kentucky.

A proposed constitutional amendment making it the duty o f the
legislature to provide by law for assistance to dependent children
was passed by the legislature and is to be submitted to popular vote
at the election in 1939 (see p. 2). [Ch. 20.]
Louisiana.

The State department of public welfare was given additional re
sponsibilities with respect to children by the Welfare Organization
Act o f 1938 (see p. 3). [Ch. 344.]
The Public Assistance Act o f 1938 (see p. 4) simplified the pro
cedure for granting aid to dependent children. [Act 359.]
The definition o f an abandoned child in the law providing for the
disposition, care, and custody o f such children was amended to in
clude a child left in an asylum without support for 1 year (formerlv
3 years). [Act 427.]
Mississippi.

The State and county departments o f public welfare were given
duties relating to the protection and care o f dependent and neglected
children (see p. 4). [Ch. 172.]
Municipalities o f 2,000 or more inhabitants were empowered to es
tablish nursery schools provided the total expense to any municipality
for purchase, construction, lease, and equipment does not exceed
$5,000. [Ch. 242.]
New Jersey.

The law relating to home life for dependent children was amended
to make residence requirements uniform throughout the State, to
clarify provisions for eligibility for aid, and to extend the act to
some children previously not covered. [Chs. 161, 400.]
New York.

A number o f minor corrections were made in the aid-to-dependentchildren law o f 1937. [Ch. 478.]
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CHILD-WELFARE LEGISLATION, 1 9 3 8

Puerto Rico.

The insular homes for boys and for girls (formerly called charity
schools) were authorized to admit children between 5 and 12 years
o f age (formerly between 7 and 12), and the types o f cases eligible
for care were more clearly defined. [No. 224.]
It was provided that hereafter private institutions for children may
be established only after authorization by the insular child-welfare
board. Approval must be given o f the quarters as well as o f the
organization or program o f services to be offered. Proposed changes
in quarters, organization, or program must likewise be approved.
[No. 48.]
A system o f foster homes for needy, neglected, or abandoned children
was authorized. The department of health was directed to maintain
and supervise all such homes and to issue licenses to those meeting
specified conditions. It was provided that before placing a child in
such a home the department shall investigate the child’s social historv.
[No. 238.]
Rhode Island.

A n enabling act was passed designating the State department of
public welfare as the agency to cooperate with the Federal Govern
ment in establishing, extending, and strengthening child-welfare
services and authorizing the receipt and expenditure o f Federal funds
fo r such services. [Ch. 2566.]
Virginia.

The Public Assistance Act of 1938 (see p. 8) revised the existing
law relating to aid to dependent children. [Ch. 379.]

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ADOPTION — CHILDREN BORN OUT OF W EDLOCK
Laws relating to adoption were passed in five States—Louisiana,
Massachusetts, Mississippi, New Jersey, and New York. Laws relat
ing to the care or protection o f children born out o f wedlock were
passed in the first two o f these States and in one additional State—
Ohio. In four o f the States—Louisiana, Massachusetts, Mississippi,
and New Jersey—the new act includes provisions for change o f birth
records.
Louisiana.

A maternity hospital was established in Baton Rouge for prenatal
care o f unmarried mothers and for aftercare and treatment o f these
mothers and their children. The State hospital board was directed
to maintain and operate the hospital with State funds to be mad6
available, and was given authority, in cooperation with the State
department o f public welfare, to provide for finding homes for and the
adoption o f such children, with consent o f the mothers. [Act 170.]
A new law revised the procedure for adoption o f children under 17
years o f age. It authorizes adoption by a single person over 21 years
o f age or by a married couple. It provides for petition to the juvenile
court, an interlocutory decree for at least 6 months, and a year’s
residence in the adoptive home, with visits to such home during this
period by agents o f the State department o f public welfare. Privacy
o f hearing, notice o f decree to registrar o f vital statistics, and change
o f birth records are provided for. The department is to receive a copy
o f the original petition and also o f the application for a final decree
and is to investigate and report to the court at both hearings, f Act
428.]
o
l
A constitutional amendment ratified at the November election gave
the juvenile court o f Orleans Parish jurisdiction over adoption o f
children under 17 years o f age. [Act 390.]
The law providing for change o f name through court action was
amended by giving jurisdiction to the district court and eliminating
the requirement that the judgment authorizing the change be pub
lished in a parish newspaper. [A ct 420.]
1
Massachusetts.

It was specified that city and town clerks shall receive certified
copies o f judicial decrees for the adoption o f persons o f legitimate
birth. [Ch. 97.]
_ A. method was established for amending and supplementing the
birth records o f persons o f illegitimate birth who have acquired the
status o f legitimacy but whose parents died without executing the
affidavits necessary to correct the record. [Ch. 63.]
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CHILD-WELFARE LEGISLATION, 19 3 8

Mississippi.

It was provided that after certified copies of adoption decrees have
been filed with the bureau of vital statistics all copies of birth certifi
cates o f the children adopted shall show the names of the foster or
adoptive parents in place o f the names o f the natural parents and
shall show only the child’s name as changed by the proceedings, if
it was changed. [Ch. 269.]
Amendments of the adoption law permit the filing o f a petition
without averring consent of parents or guardians but provide for
notice to them. I f either parent appears and makes objection before
the decree is issued, the adoption is prohibited unless such parent is
shown to have abandoned or deserted the child, or is mentally or
morally unfit. [Ch. 268.]
New Jersey.

Corrections o f birth, stillbirth, and marriage certificates by anyone
having personal knowledge o f the matter were authorized. [Ch. 174.]
Changes in the adoption law clarified certain provisions and added
further safeguards. An investigation o f the child’s social history
by an incorporated children’s agency or by the State department o f
institutions and agencies was made mandatory, and a minimum resi
dence o f 1 year in the adoptive home is to be required, except that
under certain conditions the court may reduce this period to 6
months. A recognized private child-caring agency or the State
department o f institutions and agencies may be appointed as next
friend when neither parent nor guardian is available to give consent.
Reports o f the investigation are not to be open to public inspection.
Provisions were also included for change of birth records upon ap
plication o f the adopting parents. The act was made effective as of
January 1, 1939. [Ch. 355.]
New York.

The legislature revised and clarified the adoption law. Consent
was required o f a child over 14 years o f age (formerly over 12); 6
months’ residence in the adoptive home was declared mandatory for
children under 18 years o f age (formerly under 16); and application
for abrogation of adoption (formerly made to any judge or surrogate
having authority to make orders of adoption) was required to be made
in the court which issued the order o f adoption. [Ch. 606.]
The Onondaga County children’s court was given increased juris
diction in adoption cases (see p. 17). [Ch. 52.]
Ohio.

The law requiring a man adjudged the father o f an illegitimate
child to pay for the maintenance o f the mother, necessary ex
penses caused by the pregnancy, and the cost of prosecution was ex
tended to cases where the child was not born alive or died before the
court proceedings; also it was extended to require reasonable contri
bution toward support o f the child under 18 years o f age, or until the
death o f the child and toward the funeral expenses, i f the child is
dead at the time of the proceedings. [2d extra sess., p. 808.]

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M A RRIA G E
Four States—Kentucky, New Jersey, New York, and Rhode Is
land—required premarital health certificates o f freedom from
venereal disease, and Puerto Rico amended its law on the subject. In
Maryland and Oregon the electors approved measures affecting the
issuance o f marriage licenses, which had been passed by their re
spective legislatures in 1937.
Kentucky.

A physician’s certificate stating that both applicants are free from
any venereal disease, based on physical examination and laboratory
tests made within 15 days before application for a marriage license,,
was made a prerequisite to the issuance o f such a license. In certain
circumstances persons found to be infected may be permitted to marry
under specified conditions, including a provision for treatment. L i
censes are to become invalid after 30 days. The act is to take effect
March 1, 1940. [Ch. 120.]
Maryland.

The 1937 law [ch. 91] establishing a 48-hour waiting period be
tween application for a marriage license and its issuance, against
which a referendum petition had been filed, was approved at the
November election.
New Jersey.

A physician’s certificate stating that both applicants for a mar
riage license are free from syphilis, or, if infection is present, that the
disease is not in a stage that will become communicable, was made a
prerequisite to the issuance o f such a license. The certificate is to
be accompanied by the record o f a laboratory test made not more
than 30 days before issuance o f the marriage license. The certificate
is to be attached to the marriage license. Persons are prohibited
from performing a marriage ceremony unless such certificate is so
attached. [Ch. i26.]
New York.

It was required that marriages be performed within 60 days from
the date o f issuance o f the license (formerly within 1 year). A p
plication for the issuance o f a marriage license must be accompanied
by a physician’s certificate stating that both parties are free from
syphilis, or if there is infection, that the disease is not in a stage that
may become communicable. The certificate must be supported by the
record o f a standard serological test made not more than 20 days
before application for the license. Provision was made for excep
tions under specified conditions. [Ch. 640.]
173333—39----- 3

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CHILD-WELFARE LEGISLATION,

193 8

Oregon.

The electors in November approved the 1937 act [ch. 434] o f the
legislature requiring both applicants for a marriage license to present
evidence o f freedom from venereal disease, epilepsy, feeble-mindedness,
insanity, drug addiction, or chronic alcoholism. (The former law
required only that male applicants present a certificate of freedom
from venereal disease.)
Puerto Rico.

The prohibition o f the marriage o f persons suffering from any
contagious or transmissible disease was changed to apply only to
persons suffering from syphilis or other venereal disease. The medi
cal certificate which is prerequisite to a marriage license was declared
valid for only 5 days from date o f issuance. [No. 22.]
Rhode Island.

A physician’s statement that both parties are free from tubercu
losis in an infectious stage and from syphilis and gonorrhea in a
stage in which they may become communicable was made a pre
requisite to the issuance o f a marriage license. Each certificate is
to be accompanied by the record o f a laboratory test made not more
than 40 days before the issuance o f the license. Delay o f examina
tion until a time feasible after the marriage was provided for under
certain conditions. Provisions were included requiring such physi
cal and laboratory examinations o f residents of Rhode Island returning
to reside in the State within 6 months after having contracted
a marriage outside the State. The department was directed to pro
vide for free examination o f persons unable to afford the services o f
a private licensed physician. [Ch. 2580.]

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O FFEN SES A G A IN ST MINORS
Louisiana.

Kidnapping was made a capital offense. (Formerly it was pun
ishable by imprisonment for 20 years.) [Act 412.]
Massachusetts.

The legislature repealed the requirement
prison to which a person is sentenced for
pay to the destitute wife and children o f
sum for each day o f hard labor on his part.

that the reformatory or
nonsupport or desertion
the prisoner a specified
[Ch. 219.]

Virginia.

It was made a misdemeanor for anyone to purchase alcoholic
beverages for anyone under 21 years o f age, knowing or having
reason to believe the person to be under that age. [Ch. 189.]
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DELIN Q U EN CY AN D JU VEN ILE COURTS
Legislation affecting juvenile offenders or juvenile and family courts
was passed by the Congress o f the United States and by seven States.
Federal.

The Federal Juvenile Delinquency Act provided for treatment
based to some extent on juvenile-court principles for persons 17 years
o f age or under who commit Federal offenses not punishable by life
imprisonment or death. The Attorney General was given authority,
with the consent o f the juvenile, to direct the institution of proceed
ings on a charge o f juvenile delinquency (rather than for a specified
offense), in which event proceedings are to be initiated by the filing
o f an information, instead o f by grand-jury indictment. Hearings
are to be without jury and may be in chambers and at any time. The
Attorney General is authorized to provide for the detention of juve
niles in a juvenile home or other suitable place. A juvenile “ found
guilty” o f juvenile delinquency may be placed on probation or com
mitted to the custody o f the Attorney General, who may designate
a public or private agency for his custody, care, subsistence, education,
and training. Safeguards and restrictions with reference to jail
detention are also provided, and provision is made for parole. [52
Stat. 764.]
District o f Columbia.

A new juvenile-court act was passed by the Congress for the Dis
trict o f Columbia. The new law, which was drafted in accordance
with the provisions o f the standard juvenile-court act, repealed the
existing law which was based on criminal procedure. The court is
given original and exclusive jurisdiction over children under 18 years
o f age (formerly under 17) and o f persons under 21 charged with hav
ing violated a law prior to having reached 18, with continuing jurisdic
tion until such children have reached 21 years o f age, and o f pater
nity cases and cases o f contributing to a condition that would bring
a child within the provisions o f the act; and concurrent jurisdiction
with the District Court of the United States for the District of Colum
bia over abandonment and nonsupport cases. Hearings may be infor
mal and are to be without a jury unless demanded by the child, his
parents or guardian, or the court. The act provides for a director
o f social work and establishes a probation department for the court.
Appeal may be had to the United States Court o f Appeals for tho
District o f Columbia. [52 Stat. 596.]
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DELINQUENCY AND JUVENILE COURTS

Louisiana.

An amendment to the constitution giving city courts concurrent
jurisdiction with district courts over juvenile cases and granting
additional salary for such services, to be paid by the State, was passed
by the legislature and was approved at the election in November.
[A ct 198.]
An amendment to the constitution vesting the juvenile court o f
Orleans Parish with jurisdiction over cases for adoption of children
under 17 years o f age was passed by the legislature and was approved
at the election in November. [Act 390.]
The law requiring probation officers and certain institutions to
transmit to the bureau of criminal identification and investigation
(in the department o f State police) specified personal information
and the photographs and fingerprints o f persons received in the insti
tution or placed on probation, was amended by striking out its appli
cation to juvenile delinquents. [No. 145.]
The legislature revised and clarified the law which provides for the
establishment o f prison districts and authorizes the governing author
ities o f such districts to operate prison farms and to maintain a spe
cial department for Negro juveniles at any such farm. Under the
new law the juvenile judge o f a judicial district in which a prison
farm with such a special department is located may commit to it any
Negro juvenile from any parish in his judicial district, to be held
until discharged by the court or until attaining the age o f 21 years,
or until a State reformatory for juveniles is in operation. The new
law repeats the provision o f the former law that the authorities
at such a farm shall manage and control such children under the same
rules and regulations as are in force at the Louisiana Training
Institute. [Act. 127.]
Massachusetts.

Amendments o f the law relating to use o f records and other infor
mation concerning cases o f waywardness or delinquency provided
additional safeguards for their privacy. [Ch. 174.]
New Jersey.

The commission to investigate and determine the causes of juvenile
delinquency, created in 1936 for a 2-year period, was continued until
June 1939. [Ch. 326.]
New York.

The jurisdiction o f the Onondaga County children’s court was en
larged to include adoption o f minors and support o f minors (both
formerly limited to children) and certain additional powers granted
to county and inferior criminal courts. [Ch. 52.]
Ohio.

Provision was made that when the juvenile court has committed a
child to the State reformatory (authorized in case o f a boy over 16
who commits an act that would be a felony if committed by an
adult) the jurisdiction o f the juvenile court shall cease and the re
formatory shall have sole control o f the child committed (see p. 21).
[2d extra sess., p. 806.]

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C H ILD -W ELF ABE LEGISLATION,

19 3 8

South Carolina.

Minor changes in the law creating a domestic-relations court in all
counties containing a city o f over 60,000 (Charleston County) in
creased the maximum salary authorized for clerks and probation offi
cers o f these courts and made their term o f office (formerly 2 years)
dependent on the pleasure o f the judge. [No. 678.]
Virginia.

A clarifying amendment to the law providing for the appointment
o f a special justice to be judge o f the juvenile and domestic-relations
court m cities o f less than 25,000 inhabitants, and in counties, specifi
cally excepted cities having a charter provision that the civil and
police justice shall serve ex officio as judge of the juvenile and
domestic-relations court. [Ch. 423.]
An amendment to the charter of the city of Alexandria made the
civil and police justice the judge o f the juvenile and domestic-rela
tions court o f that city ex officio. [Ch. 256.]

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PRO BATIO N AN D PARO LE
Probation or parole measures affecting minors were enacted in four
States—Kentucky, Massachusetts, Mississippi, and Virginia. In ad
dition, Louisiana and Virginia passed the uniform act for out-ofState parolee supervision, and Mississippi and Virginia passed the
uniform act to secure the attendance of witnesses from without the
State in criminal proceedings.
Kentucky.

A revision o f the law relating to probation officers *n counties
containing a city o f the first class (Jefferson County containing the
city o f Louisville) increased the maximum and minimum salary of
such positions and created a merit board o f the juvenile court for
each such county with powers over examination, establishment of
standards, promotions, and dismissals o f probation officers and all
other juvenile-court employees. [1st extra sess., ch. 87.] This stat
ute was declared unconstitutional October 21, 1938. \Beauchamp v.
Silk, 120 S. W. (2d) 765.]
Louisiana.

The legislature passed the uniform act for out-of-State parolee
supervision. [Act 168.]
Massachusetts.

An amendment to the law relating to proceedings for separate sup
port and providing for court orders in such cases, as to the care,
custody, and maintenance o f the children, made it the duty o f State
police, local police, or probation officers to investigate and report in
writing at the request of the court. [Ch. 136.]
Mississippi.

A law applicable to Harrison County (containing the cities of
Biloxi and Gulfport) authorized the appointment o f an assistant
juvenile probation officer. [Ch. 307.]
The legislature passed the uniform act to secure the attendance of
witnesses from without the State in criminal proceedings. [Ch. 261.]
Virginia.

The legislature passed the uniform act for out-of-State parolee,
supervision (ch. 444); also the uniform act to secure the attendance
of witnesses from without the State in criminal proceedings. [Ch.
397.]
The State advisory legislative council was directed to make an
investigation relating to the maintenance and operation o f jails,
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CHILD-WELFARE LEGISLATION, 1 9 3 8

prison farms, and local lock-ups in the State and to consider changes
to the end that jail commitments may be lessened and the entire
criminal situation in the State improved. The council was directed
to investigate the use of probation in Virginia and the use of both
probation and parole outside the State, also to consider the advisa
bility of establishing a single State agency to administer and super
vise all prison activities o f the State. The commission is to report
and submit necessary bills at least 60 days prior to the next regular
session o f the legislature (January 1940). [Sess. Laws, p. 1048.]

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IN STITU TION S FOR DELIN QU EN T MINORS
Four States and Puerto Rico passed laws relating to institutions
for delinquent minors.
Arizona.

A board of directors of State institutions for juveniles was created
and was vested with control o f State institutions for juvenile offend
ers and the administration o f laws for the detention, education, and
treatment o f juvenile offenders. The board was authorized to ar
range with private institutions in the State for the detention, edu
cation, employment, and reformation o f girl juvenile offenders. It
is to be notified of the commitment of any such girl and is to assign
her to an appropriate institution with which an arrangement has
been made. [4th extra sess., ch. 10.]
Louisiana.

Police juries throughout the State were authorized to establish
parish industrial schools for colored male delinquents IT years of age
and under. The police jury of each parish establishing a school
is to appoint a board of three commissioners to manage the affairs
of such school and to elect its superintendent. [Act 226.]
Massachusetts.

A special commission consisting of the commissioner of public
welfare, the commissioner of correction, the county personnel board,
and three persons (including one justice of a district court and one
superintendent of a county training school) appointed by the Gov
ernor with advice and consent o f the council was created to make an
investigation regarding commitments of juvenile offenders to county
training schools; also to ascertain whether full use is being made
o f the facilities provided by such schools and, if not, for what other
purposes they may be conveniently and advantageously used. The
commission was directed to file its report together with recommenda
tions and drafts o f necessary legislation with the clerk of the house
o f representatives on or before December T, 1938. [Resolves, ch. 36.]
Certificates of approval from the superintendent of the State farm
and from the medical director of the hospital at such farm were
required to accompany petitions for parole of inmates of the depart
ment for defective delinquents of the farm. [Ch. 254.]
Ohio.

An addition to the law providing for commitment to the State
reformatory o f certain male criminals between 16 and 30 years o f
age, directed the superintendent o f the reformatory to receive also
21

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CHILD-WELFARE LEGISLATION, 1 9 3 8

boys over 16 years o f age committed by the juvenile courts, and to
provide for their education. After commitment, which extends until
the boy reaches 21 years o f age, all juvenile-court jurisdiction over
the child is to cease and the reformatory is to have sole control. Pro
visions included in the new law permit release before the boy reaches
21 years o f age, and also conditional release under supervision o f a
parole officer. [2d extra sess., p. 806.]
Puerto Rico.

The name of the Puerto Rico Reform School was changed to the
Insular Industrial School for Boys. [No. 13.]

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RECREATIO N
Georgia.

County authorities o f counties having between 100,000 and 200,000
inhabitants (Fulton and Chatham) ana the governing authorities of
cities and towns within such counties were empowered to pass ordi
nances governing dance halls, including designation o f hours during
which such places may be open, and to establish rules and regulations
for the issuance and revocation of permits. [Extra sess., 1937-88, p.
353.]
Massachusetts.

Cities and towns were given the right to close streets for definite
periods o f time for the purpose o f promoting recreation, play, or
sport. [Ch. 220.]
South Carolina.

The 1937 act providing for licensing o f tourist camps and road
houses in certain counties was amended to include Horry County and
to apply in Horrv and Marion Counties to dance halls and places o f
amusement as well. [No. 920.]
Virginia.

An amendment o f the law for the regulation o f public dance halls
in certain counties broadened the definition o f public dance hall and
extended the act to additional counties. [Ch. 111.]
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M E N TAL D E FE C TIV E S
Laws relating to the care and treatment of mentally defective
persons were passed in four State and in Puerto Rico.
Kentucky.

The functions and organization o f the division of hospitals and
mental hygiene (created m 1936 as the division of mental hygiene) in
the State department o f welfare were stated in detail. Among its
responsibilities are the supervision o f medical and psychiatric service
in all penal and correctional institutions and in institutions receiving
State aid which care for dependent children who are under supervi
sion o f the department o f welfare, also administration o f all State
and State-aided institutions for mentally diseased and feeble-minded
persons. The division was made responsible, in cooperation with
the State department o f health, for development of a State-wide
mental-hygiene program. The duties, qualifications, and salaries o f
personnel were specified. [2d extra sess., ch. 1.]
Massachusetts.

A special unpaid commission established in 1937 was revived and
continued for further investigation and study o f the whole matter o f
the mentally diseased in their relation to the commonwealth, includ
ing all phases o f the work o f the department o f mental diseases (now
department of mental health; see below). The commission was
directed to file its report together with its recommendations and
drafts o f necessary legislation with the clerk o f the house of repre
sentatives by December 7, 1938. [Resolves, ch. 1.]
The name o f the department o f mental diseases was changed to
the department of mental health. Some changes were made in its
organization and certain administrative powers heretofore vested in
the trustees of institutions under control o f the department were
transferred to the superintendents o f those institutions. [Ch. 486.]
Certificates o f approval from the superintendent of the State farm
and from the medical director o f the Bridgewater State Hospital
(which is a part o f the farm) were required to accompany petitions
to the State board o f parole for the parole o f inmates o f the depart
ment for defective delinquents at the State farm. [Ch. 254.]
Pennsylvania.

The responsibility for care and maintenance o f indigent persons
who are mentally ill, mentally defective, or epileptic, was trans
ferred from county, city, or institution districts to the State. Pro
visions were included for an investigation o f institutions operated
by such districts and for their gradual transfer to the State, the
transfer to be completed by May 31, 1939. [1st extra sess., Acts 21,
25, 26, 37.]
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M ENTAL DEFECTIVES

Puerto Rico.

A permanent annual appropriation o f $10,000 was made for send
ing anually 10 or more mentally retarded children to clinics or
schools in the United States for study and treatment. Selection of
the children for these scholarships is to be made by the insular schol
arship board. [No. 251.]
Virginia.

The colony for feeble-minded colored persons, heretofore a depart
ment o f the central State hospital, was made a separate State insti
tution to be known as the Petersburg State Colony. It was placed
under the supervision, management, and control o f the State hospital
board as are the other State hospitals. Indigent colored children
who will be most likely to receive benefit from colony care and
training are, as far as practicable, to be received and admitted first
in the colony. (Formerly such first admissions were to include
women of child-bearing age (12 to 45 years), and children over 8
years of age.) [Ch. 131.]

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P H Y SIC A L L Y H AN D IC APPE D CHILDREN
Laws making provision for the benefit o f physically handicapped
children were enacted in five States.
Louisiana.

The State hospital board and the State board o f health were di
rected to establish and to maintain under their joint control and
supervision a hospital for crippled children and for indigent and
destitute people at Hot Wells. [A ct 220.]
Massachusetts.

Local school authorities were authorized to provide instruction in
lip reading in addition to regular school instruction for children
under 18 years o f age with defective hearing who are attending a
public or private school. [Ch. 313.]
New Jersey.

The commission for the care and treatment of crippled children
was designated the State crippled children’s commission. [Ch. 150.]
The law providing for State aid for the education o f crippled
children who cannot be provided for in regular classrooms was
broadened to cover children otherwise physically handicapped.
[Ch. 14.]
New York.

The temporary commission created in 1937 to consider problems
o f deaf children was continued until March 15, 1939, and its scope
enlarged to cover adults. It is to study existing facilities for dis
covery and early diagnosis o f cases o f adults as well as children in
which deafness may be prevented or ameliorated. The report o f the
commission is to include recommendations for the improvement o f
such facilities for treatment, education, and training o f the hard of
hearing and the deaf, and for bettering the condition o f hearing
o f handicapped persons generally. [Ch. 554.]
Ohio.

A commission on rehabilitation o f the handicapped was created to
carry forward the work begun under a joint resolution o f the 1937
legislature (under H. J. Res. 50). The new law (like the former
one) provided for a study o f the possibilities for rehabilitation o f
visually handicapped and crippled persons of the State and directed
the commission to recommend a program whereby such persons may
be made self-supporting. [2d extra sess., p. 759.]
The legislature established January 29 as Ohio crippled children’s
day, beginning in the year 1941. [2d extra sess., p. 962.]
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CHILD H E A LTH AND PU BLIC H EA LTH
Laws relating to the protection o f child health and the public
health were enacted in 12 States and in Puerto Rico. (F or new laws
in regard to health certificates as a premarital requirement see p. 13.)
Georgia.

A constitutional amendment proposed by the legislature and ap
proved at the election in November permits the legislature to delegate
to counties the right to levy a tax for the purpose o f furnishing
medical or other care and hospitalization for the indigent sick.
[Extra sess., 1937-38, p. 39.]
Kansas.

A new measure authorized the establishment and operation of
county hospitals in certain counties o f 6,500 to 7,500 population and
provided for the issuance o f bonds for the purpose. [Extra sess.,
ch. 44.]
Kentucky.

The State department o f health was authorized to accept grants
to the State, under the Federal Social Security Act, for maternal
and child welfare, including maternal and child-health services and
services for crippled children, and also grants for public-health
work. [Ch. 200.]
Cities o f the second class (Ashland, Covington, Lexington, New
port, and Paducah) were authorized to establish and maintain munici
pal hospitals and to issue bonds for such purpose. [Ch. 92.]
The State department o f health and the State department o f wel
fare were given joint responsibility for development o f the State
mental-hygiene program. [2d extra sess., ch. 1.]
Louisiana.

It was provided that the members o f the State board o f public
welfare should constitute the State hospital board. (Formerly the
hospital board was composed of the Governor and four persons ap
pointed by him.) [A ct 58.]
The State hospital board and the State board o f health were given
certain responsibilities with respect to a new hospital for crippled
children and for the destitute and indigent (see p. 26). [Act 220.]
The State hospital board was authorized to maintain and operate
a maternity hospital to be established in Baton Rouge and to coop
erate with the State department o f public welfare in placement of
the children (see p. 11). [Act 170.]
Massachusetts.

A special unpaid commission was created to make an investigation
relating to State supervision and regulation o f agencies engaged in
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CHILD-WELFARE LEGISLATION,

19 3 8

securing employment for nurses. The commission was directed to
file its report, together with recommendations and any suggested
legislation, with the clerk of the house of representatives by December
7, 1938. [Resolves, ch. 66.]
An amendment to the provision that a pregnant female prisoner
shall be moved to a hospital when the birth is about to occur pro
hibited such removal to the State infirmary or to any penal or
reformatory institution. The expense of removal and all hospital
expenses incidental to the birth were made State charges. [Ch. 456.]
A law clarifying and strengthening various provisions for the con
trol of diseases dangerous to the public health included provisions
for sending home from school a child showing signs o f ill health or
o f being infected with any disease defined by the department of
health as dangerous to the public health and provided for exclusion o f
children from school while infected with certain diseases or exposed
thereto. [Ch. 265.]
The name o f the department of mental diseases was changed to the
department o f mental health (see p. 24). [Ch. 486.]
Mississippi.

The State department of education was directed to employ a
supervisor to cooperate with various educational groups and to
supervise the teaching in the public schools on the subject o f effects of
alcohol, narcotics, and other habit-forming drugs. [Ch. 166.]
County boards of supervisors were authorized to levy annually a
special tax not exceeding 1 mill on all taxable property to provide
funds for treating the indigent sick and for promoting the public
health of the county. [Ch. 315.]
Counties were given the right, individually or in combinations of
two or more, to establish and operate a hospital for tuberculous
patients and to levy a tax therefor. [Ch. 299.]
Counties adjoining another State were authorized under certain
conditions to hospitalize charity patients in that State. [Ch. 327.]
New Jersey.

Physicians and other persons attending women during pregnancy
or at childbirth were required to have a standard serological test
for syphilis made for each such woman attended. Persons reporting
births are to state on the certificate whether or not the test was made
and its approximate date. An appropriation was made to cover the
necessary expenses of carrying out these provisions. [Ch. 41.]
The State department of health was authorized to purchase antipneumococcic serum for free distribution to physicians for pneu
monia patients unable to pay for the serum. An appropriation was
made for this purpose. [Chs. 24, 430.]
Provisions were enacted to permit boards o f health of any two or
more municipalities (defined as townships and incorporated munici
palities) to form a regional health commission to furnish publichealth services. Each commission may receive funds from any
source and is to arrange annually with each participating board o f
health what kind and amount of public-health services, approved
by the State director o f health, it will furnish. It may employ a

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CHILD H EALTH AND PUBLIC H EALTH

health officer and such inspectors, nurses, and other employees as are
necessary. Every commission is to report its activities annually to
each participating board of health and to the State department of
health. [Ch. 67.]
New York.

An amendment o f the constitution (see p. 5) states that the pro
tection and promotion of the health of the inhabitants o f the State
are public concerns and provision therefor shall be made by the State
and by such o f its subdivisions as the legislature shall determine.
An act which created a temporary State commission to formulate
a long-range State health program and to make a report to the
legislature on or before February 15, 1939, declared as the policy o f
the State that the health of the inhabitants of the State is a matter
o f State concern; that adequate medical care is an essential of public
health; that the present efforts of the medical profession in provid
ing medical care should be supplemented by the State and local gov
ernments; that the problem of economic need and the problem of
providing adequate medical care are not identical and may require
different approaches for their ultimate solution. [Ch. 682.]
Physicians and other persons attending pregnant women were
required to have a standard serological test for syphilis made for
each such woman attended. Persons reporting births are to include
on the certificate a statement that the test was made or the reason
for omission, but the result o f the test must not be given. [Ch. 133.]
A revision o f the law on registration of nurses and trained attendants
was passed, to go into effect July 1, 1940. The educational require
ments for certification as registered nurse were raised. The classifi
cation of “ trained attendant” was abolished. The classification o f
“ practical nurse” was established and the requirements for obtaining
a license to practice in that capacity were stated. [Ch. 472.]
The temporary State commission created in 1937 to study and make
a survey of the prevalence and treatment o f cancer cases within the
State was continued from April 1938 to February 1939, and the time
for submission o f its report postponed until the later date. [Ch. 566.]
The requirement for the licensing o f dispensaries by the State de
partment of social welfare was amended to exclude dispensaries main
tained by the State department o f health, mental hygiene, or edu
cation. [Ch. 123.]
The board o f supervisors o f Jefferson County was authorized to
establish and operate a hospital for the treatment and control o f
communicable diseases and to levy a tax therefor on the property in
the county outside the city of Watertown. [Ch. 33.]
Local boards o f health were authorized, with approval o f the State
commissioner o f health, to appoint a single health officer to serve a
town and a village, or two or more towns or villages. [Ch. 660.]
Pennsylvania.

The Public Assistance Law o f 1937 was amended by redefining
“ assistance” to include medical care o f indigent persons. [1st extra
sess., No. 10.]

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CHILD-WELFARE LEGISLATION, 1 9 3 8

Puerto Rico.

The commissioner o f health was designated to be a member o f the
newly created commission to study mendicity (see p. 7). [No. 173.]
The 64 rural medical centers in operation under the Puerto Rico
Reconstruction Administration were placed under the administration
o f the commissioner o f health, under plans to be prepared by the
insular board o f charities. [No. 142.]
The department o f health was given certain responsibility for the
maintenance and supervision o f foster homes for needy, neglected, or
abandoned children (see p. 10). [No. 238.]
A cancer institute was created under the insular department of
health. [No. 203.]
The proceeds o f an annual license tax to be levied under the super
vision o f the insular department o f health on specified businesses and
professions are to be covered into a newly created fund for the aid
o f indigent tuberculosis patients and maintenance o f milk stations
o f the department o f health. [No. 70.]
The sum o f $10,000 was appropriated for maintenance of the milk
stations under the direction o f the insular department o f health. It
was specified that the commissioner o f health shall use this sum
exclusively to purchase milk for indigent mothers and children visit
ing such stations. [No. 9.]
A tax on molasses was established, the proceeds to be covered into
a newly created fund to combat malaria and uncinariasis, and to
assist the insolvent mothers and abandoned children who consti
tute a social problem in this island. The fund is to be expended by
the commissioner o f health with the approval o f the economy com
mission o f the legislature. [No. 267.]
Rhode Island.

It was made the duty o f every physician attending a pregnant
woman to have a standard laboratory test for syphilis performed
within 30 days after the first professional visit. Violations o f this
act were made misdemeanors for which physicians are subiect to a
fine. [Ch. 2606.]
South Carolina.

The board o f regents o f the State hospital was empowered to es
tablish a training school for Negro nurses at the Negro department
o f this hospital and to promulgate rules and regulations for such
school. [No. 796.]
Virginia.

The power o f local boards o f health to provide for compulsory
vaccination was restricted to instances when in their opinion it is
necessary to prevent an epidemic. They were authorized to provide
for the administering of toxoid under similar conditions. [Ch. 340.]
Safety instruction was made compulsory in the public schools.
[Ch. 236.]
*

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CH ILD LABO R AN D COMPULSORY SCHOOL ATTEN D AN CE
Although no major State child-labor legislation was enacted during
this year, some important legislation relating to legal standards
affecting the employment of minors was passed. In addition, this
year is significant as marking the passage by the Congress of the
United States of the Federal Fair Labor Standards A ct setting a
minimum hourly rate for wages and a standard maximum workweek
for persons o f all ages employed in interstate commerce or the pro
duction o f goods for such commerce, and establishing child-labor
standards which affect employers producing goods for shipment
across State lines. These provisions will serve as a guidepost for
minimum State child-labor standards.
STATE LEGISLATION
E M PLO Y M E N T C E R TIFIC A TE S— S TR E E T T R A D E S

New York.

Section 629 o f the education law relating to issuance of certificates
was amended to authorize the issuance o f an employment certificate
or vacation work permit to a child who has been exempted from school
attendance because o f a mental condition or who has been recom
mended by the State child-guidance clinic or other approved ex
aminers for placement in an institution for retarded children, only if
the work available and the supervision under which it will be per
formed are such that the job is suitable and safe for the minor to
undertake. [Ch. 165.]
A ji amendment to section 638 o f the education law provides that
the street-trades law, which formerly applied only to cities having a
population o f 20,000 or more, may be extended to other cities and to
union free school districts having a population o f 4,500 or more and
employing a superintendent of schools, provided the board of educa
tion o f such city or district so determines. [Ch. 282.]
M A X IM U M H OU R S— N IG H T W O R K

Although legislation relating specifically to hours of work o f minors
was passed in only two States—New York and South Carolina—hoursof-labor standards for minor boys or girls were affected indirectly
by legislation relating to hours o f work o f all employees, or o f all
females, passed in Louisiana, Massachusetts, New Jersey, New York,
South Carolina, and Virginia.
Louisiana.

A maximum 8-hour day, 48-hour week, 6-day week was established
for females employed in manufacturing, mechanical, mercantile, or
other enumerated establishments. This standard replaces the former
9-hour day, 54-hour week standard for females; an 8-hour day and a
48-hour week were already in effect for minors under 16 years o f age.
Night work is prohibited for females under 18 years of age in the
above-named establishments between 6 p. m. and 7 a. m. Females
working in the establishments covered by the law, which employ three
31

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CHILD-WELFARE LEGISLATION, 1 9 3 8

or more females, must be given a %-hour rest period after 6 hours
continuous work (6y2 hours permitted if employment is to end for the
day not later than 1:30 p. m.). The law requires posting o f hours
and keeping o f records. The commissioner o f labor is authorized to
appoint three inspectors, two o f whom shall be women, to carry out
the provisions o f the act.
The act does not apply to females engaged in agricultural or do
mestic service, or in preparing, processing, packing, or canning
perishable goods, fish or sea foods, or employed in the fishing in
dustry, or to those employed in municipalities having 6,000 inhabit
ants or less, or employed in cities or towns having under 2,500 popu
lation by any public utility under the jurisdiction o f the Louisiana
Public Service Commission furnishing continuous service, or to
those employed by ferry companies furnishing continuous service
and operating under a city permit in cities of over 400,000 (New
Orleans only). [Ch. 363.]
Massachusetts.

Section 101 o f chapter 149 o f the General Laws of Massachusetts
was amended to permit the commissioner of labor and industries,
instead o f the department of labor and industries with the approval
o f the Governor, to exempt individual factories or workshops, instead
o f only classes o f factories or workshops, from the requirements re
lating to meal periods for women and children in factories and
workshops if it is proved to his satisfaction that the continuous
nature of the processes or special circumstances require such exemp
tion and that it can be made without injury to the health o f such
workers. The new law omits the former provision for the issuance
o f a certificate o f exemption in such cases following a public notice.
[Ch. 335.]
The authority previously given to the commissioner o f labor and
industries was again extended to suspend until April 1, 1939, subject
to restrictions and conditions prescribed by him, those provisions o f
section 59, chapter 149, General Laws, which prohibit employ
ment o f women in the manufacture of textile goods after 6 p. m.
[Ch. 68.]
New Jersey.

Restaurants were removed from the coverage of the night-work
law prohibiting the employment o f females between 12 midnight and
7 a. m. in enumerated occupations. [Ch. 98.]
New York.

Sections 180, 180a, and 181 o f the labor law were amended to bring
beauty parlors within the coverage o f the provisions regulating hours
o f work for minors under 16, for minor boys between 16 and 18
years of age, and for females over 16 years of age. [Ch. 651.]
South Carolina.

A law was passed putting into immediate effect a maximum 8-hour
day, 40-hour week, and 5-day week for all workers in cotton, rayon,
silk, or woolen textile establishments, embodied in Act 832 passed
in 1936, which had been dependent for its effective date upon the
enactment o f similar legislation in North Carolina and Georgia. It

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CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

was provided, however, that the law should become inoperative on
May 1, 1939, unless in the meantime Congress should enact similar
legislation limiting weekly hours in these establishments to 40 per
week. [Act 702.]
Another law was passed which established a maximum 12-hour
day, 56-hour week, for all employees in mercantile establishments,
public eating places, laundries, dry-cleaning establishments, bakeries,
mines, quarries, and all other manufacturing establishments. A
lunch period o f at least one-half hour is required after 6 hours of
continuous work. The coverage o f these provisions is seriously cur
tailed by numerous exemptions. Miiiors under 18 are prohibited
from any work between 10 p. m. and 6 a. m. [No. 943.]
This law also limits hours o f work for all employees in finishing,
dyeing, and bleaching plants to 48 a week, and limits hours of work
for female workers in garment factories to 8 a day, 40 a week. This
provision shall become inoperative May 1, 1939, unless prior to that
time the Congress of the United States shall enact similar laws
limiting hours o f labor in garment factories to 40 per week and in
finishing, dyeing, and bleaching plants to 48 hours per week or less.
Female employees in executive positions are exempted. This act
(No. 943) has been held to be unconstitutional by the Supreme Court
of South Carolina. \Gasque et al. v. Nates, 2 S. E. (2d) 36.]
Virginia.

The maximum daily hours of employment for female employees in
workshops, laundries, restaurants, mercantile or manufacturing es
tablishments were reduced from 10 to 9 a day and a maximum
48-hour week was established. The law does not apply to buyers,
managers, assistant managers, and certain office workers, nor to
females in mercantile establishments in towns of less than 2,000 or in
country districts. A maximum workday o f 10 hours is permitted
for 90 days a year in handling or re-drying leaf tobacco during mar
ket seasons, in shelling or cleaning peanuts, and in shucking and
packing oysters. Women in florist shops and greenhouses may work
10 hours a day for 3 days preceding and on February 14, December
25, Easter Sunday, and Mother’s Day. [Ch. 409.]
C O M PU LS O R Y S C H O O L A T T E N D A N C E

Compulsory-school-attendance standards were raised in only one
State.
New York.

Section 621 (c) o f the education law was amended to authorize
boards o f education in union free school districts having a population
o f 4,500 or more and employing a superintendent o f schools to require
unemployed minors between 16 and 17 years o f age to attend full
time day instruction. Formerly this power was granted only to city
boards of education. [Ch. 355.]
A P P R E N T IC E S H IP

Three States—Louisiana, Massachusetts, and Virginia— adopted
laws authorizing systems o f voluntary apprenticeship under State
supervision.

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c h il d -w e l f a r e

l e g is l a t io n ,

1938

Louisiana.

Provision was made for a system of voluntary apprenticeship,,
under approved agreements, to be administered by a director o f
apprenticeship under supervision o f the commissioner o f labor. An
apprenticeship council was created to aid in formulating policies and
standards and to issue regulations concerning apprenticeship. Local
and State apprenticeship committees for a trade or group o f trades
to be appointed by the apprenticeship council are to determine labor
standards for apprentices in the trade or group o f trades for which
appointed. The law defines an apprentice, establishes certain pro
visions that are to be included in approved agreements, and provides
the procedure for settling apprentice disputes. {A ct 364.]
Massachusetts.

A temporary commission on apprentice training within the depart
ment o f labor and industries was established and authorized to estab
lish machinery within industry to set up a program o f voluntary
apprenticeship under approved apprentice agreements, providing
facilities for training in industry and trade with parallel instruction
in related and supplementary education, and to promote through
private industry employment opportunities for young people under
conditions providing adequate training and reasonable earnings. It
is authorized to establish standards for such apprentice agreements
and to issue such advisory regulations as may be necessary to carry“
out the purposes o f the act. It is directed to cooperate in matters
relating to apprentice training with Federal and State apprenticeship
agencies, trade committees, organizations of employers and em
ployees, and school committees. The law defines an apprentice.
[Ch. 448.]
Virginia.

A law was passed providing for a system o f voluntary apprentice
ship, to be administered by the commissioner o f labor with the advice
and guidance of an apprenticeship council, and for the regulation
and supervision o f apprentice agreements.
The act defines an apprentice, specifies items to be included in
voluntary apprentice agreements, and establishes procedures for set
tling apprentice disputes. Provision is made for the appointment o f
State and local joint apprenticeship committees for a trade or group
o f trades composed o f representatives of employers and employees in
such trade to determine labor standards for apprentices in the trade.
[Ch. 421.] •
M IN IM U M W AG ES

Two States adopted laws providing for the establishment o f mini
mum wages for female or minor workers or both, and one State
strengthened its minimum-wage law.
Kentucky.

An act was passed providing for the establishment o f m i n i m u m
fair wages for women and minor workers, except in domestic service
in the home of the employer or in farm work. [Ch. 105.]

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CHILD LABOR AND COMPULSORY SCHOOL ATTENDANCE

Louisiana.

A law was passed providing for the establishment o f minimum
wages and conditions o f labor in certain cities in the State for women
and girl workers, except those engaged in labor on the farm or in
domestic service. The act does not apply to municipalities having a
population of 10,000 or less. The act creates a minimum-wage divi
sion in the department of labor to administer the act. [Act 362.]
Massachusetts.

The Massachusetts Minimum Wage Law providing for the estab
lishment o f fair wages for women and minors was amended to
prohibit evasion of payment o f such minimum wages through any
arrangement, by contract or agreement, whereby a woman or minor
who otherwise would be an employee does not have employee status.
[Ch. 237.]
THE FEDERAL FAIR LABOR STANDARDS ACT

The Fair Labor Standards A ct of 1938 was approved by the Presi
dent on June 25, 1938. The act closes the channels o f interstate and
foreign commerce to employers failing to comply with certain mini
mum labor standards. In addition to standards relating to wages
and hours for workers o f all ages the act includes provisions relating
to child labor. No producer, manufacturer, or deajer may ship or
deliver for shipment in interstate or foreign commerce any goods
produced in an establishment in or about which “oppressive child
labor” has been employed within 30 days prior to the removal of the
goods.
“ Oppressive child labor” is defined as the employment o f children
under 16 years o f age in any occupation (except for employment o f
children 14 or 15 years old at work other than manufacturing or
mining which has been determined by the Chief o f the Children’s
Bureau not to interfere with their schooling, health, or well-being)
and the employment o f children 16 or 17 years of age in any occupa
tion found and declared by order of the Chief o f the Children’s
Bureau to be particularly hazardous or detrimental to health or
well-being.
The child-labor provisions do not apply to child actors in motion
pictures or theatrical productions, to children under 16 years o f age
employed by their parents or persons standing in place of parents in
nonmanufacturing and nonmining occupations, nor to children em
ployed in agriculture while they are not legally required to attend
school.
The administration of the child-labor provisions is placed in the
Children’s Bureau o f the United States Department o f Labor. The
act further provides that the employment o f a child will not be held
to be oppressive child labor if his employer has an unexpired certificate of age, issued according to regulations of the Chief o f the Chil
dren
s Bureau,
showing that such
child
is1 above the oppressive
child1n K
f
i-h ~
* ..
1 * 1
.
a t j

aka

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Full text of Child-Welfare Legislation, 1938, Bureau Publication No. 251

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