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U . S. D E P A R T M E N T O F L A B O R
JAMES J. DAVIS, Secretary

CHILDREN’S BUREAU
GRACE ABBOTT. Chief

DEPENDENT AND DELINQUENT CHILDREN
IN NORTH DAKOTA AND SOUTH DAKOTA
A STUDY OF THE PREVALENCE, TREATM EN T, AND PREVENTION
OF CHILD DEPENDENCY AND DELINQUENCY
IN TW O RURAL STATES

Bureau Publication N o. 160

WASHINGTON
GOVERNMENT PRINTING OFFICE

1926

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3 ta. 7
U.
y

\ h o

CONTENTS

Letter of transmittal_____ ___________________________________________
Introduction_________________ __________ ____ ___ __________
Provision for dependent and delinquent children in the two States— H _
State boards___________________________ _________________
State institutions___________________
Training schools for delinquent children_________________________
Institutions for the feeble-minded________________________________
Schools for the blind and the deaf_________________
Private agencies and institutions for dependent children-_____ „ I
Agencies and institutions in North Dakota________________________
Home-finding societies___________ _____________________. I _ I I I
A children’s institution______________________________________ I
Maternity homes_______ ______________________________________
Agencies and institutions in South Dakota_________________ _ I __ j
The home-finding society___________________________________
Institutions______________________________________ __ ___ ~
Maternity homes________________ ____________________________~
County almshouses_____________________________________________
Aid to dependent families__________ __ _______ ^________________________~
Mothers’ pensions_______________________________________________
Family-relief work______________________________________
Juvenile courts
___________________________________ I I I I —
Jurisdiction and procedure in North Dakota____________________
The judges and juvenile commissioners_____________________
Probation service____ .___________ ___ _________________________
Complaint, petition, and summons________________ 1___________
Investigation____________________________________ __________ H _
Provisions for detention_______________________ J_______
Hearings__________________________________________ ____
Court decisions and orders________________________________
Records______ .________________________________ -,_____ ~
Jurisdiction and procedure in South Dakota____ __________ I _____
Probation service___________ >._______________ ________________ _
Complaint, petition, and summons_________________ ______ I_I
Investigation___________________________________________
Provisions for detention____________________________ I I I _ I _ I __I
Hearings___________ -_________________ ____________________
Court decisions and orders__________________________
Records_______________________________________ .____I I I I I I I I _ I
Dependent children in the two States____________________________ I _ _______
The extent of child dependency__________________________________ I __H I
W ards of the children’s home societies_______________________ '____ I_ I_
Children under care within two years______________________ I I I I I I
Children placed in fam ily homes_________ ______________ I _ _ I I ___ I
Children released from supervision by the societies__________
W ards of other child-caring agencies____________________________ I
Children in institutions for dependent children___________ I _ I I _ I _ I H "
Children in maternity homes_____________________________
Children in almshouses_________________________________
Children receiving aid in their own homes______________ I I I ______I __
Children dealt with by juvenile courts________________ I _ I _ _ I _ I _
Children who were permanently removed from their h om esl- - Number of children and number of families from which they
were removed_____________!________
Home conditions at time of removal______________ I I I I I I I _ I I _
Home conditions at time of inquiry_____________I I I I I I I __
Manner of removal__________
Ages of children____________________________ I I
III

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CONTENTS

Page
63
Children born out of wedlock--------------------- ------------------------l ------------------------Children o f illegitimate birth among wards of agencies and insti
63
tutions-----------------------------------------------------------------------------------------------------64
The illegitimate births in 20 counties---------------------------------------------------67
Operation of the 1917 illegitimacy law in North Dakota-----------------71
Dependent children brought into the two States for placement--------------«
71
Legal provisions------------------------------------------------------------------------- ------------72
Placement of Eastern children in North Dakota— -------------------------76
Distribution of Eastern children in South Dakota--------------------------80
Adoptions-------------------------------------- -------7-----------------------------------------------------------80
Procedure-------------- ---------------- ---------------------- «------------------ -— ------------ -------81
Number of children adopted----------------------------------------- -------------------------82
Unsatisfactory placements----------------------- ---------------------------------------------84
Delinquent children in the two States--------------------- -— --------------------- --------84
The extent of child delinquency-------..— ------------------------------------------------85
Types of community from which children were reported-----------------85
Status and ages of children when dealt with by the courts-------------87
Offenses with which children were charged-----------------------------------------89
Previous delinquency---------- -------------------------------------------------------------------89
Detention pending hearing--------------------------------------------------------------- .-----90
Disposition of cases---------------------------------------------------------------------------------92
Community measures for the prevention of delinquency------------------- t -----92
Recreational facilities-----------------------------------------------------------------------------92
In cities and large towns---------------------------------------------------------------93
In small towns and rural communities------------..---------------------------94
Activities for preventing ^delinquency----------------------- 4 --------------------------96
Conclusions_____ !----------------------------------------------------------------------------------------------Summary of conditions in 1922 in North Dakota as compared with
accepted child-welfare standards------------------------------------------------96
97
State supervision------------------- -----------------------------------------------------------97
Assistance to mothers----------------------------------------------------------------------97
Removal of children from their homes-----------------------------__----------Child placing and adoption----------------------------------.--------------------------- - 98
Children in institutions for dependents—, - — ----------------- ------------98
Protection of children born out of wedlock— -------------------------------99
Care of physically handicapped children— ---------1 ----------------------99
Care of mentally defective children----------------------------------------------100
100
Juvenile courts---------- ------------------------- ----------------------------------------------102
Special needs in rural communities________________________________
Legislation needed, as indicated by the study-------------------------------------102
Legislation enacted in North Dakota in 1923-------------------------------------103
107
Appendixes________________________________ ____ _______________________________
A . — Laws relating to child welfare enacted in North Dakota in
109
1 9 2 3 ________________________________________ ________________________
B. — Bill which was recommended but failed of passage in North
122
Dakota in 1923__________.— -------- ,------------------------------------------------C.
— Forms and questionnaires used in the study----------------------------124

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LETTER OF TRANSMITTAL

n it e d

S tates D

epartm ent

abor,

C h i l d r e n ’s B

ureau,

Washington, April 15, 1926. '
S i r : There is transmitted herewith a report on Dependent and
Delinquent Children in North Dakota and South Dakota. This
report was prepared by the social-service division o f the Children’s
Bureau under the direction o f Emma O. Lundberg. Special assist
ance in the preparation of the report was given by Ruth Bloodgood
and Mary E. Milburn, o f the social-service division.
The studies on which this report is based were undertaken at the
request o f the Children’s Code Commission o f North Dakota and
the Child-Welfare Commission of South Dakota. A preliminary
report of the North Dakota material was submitted to the Children’s
Code Commission o f North Dakota for use in connection with its
report to the legislature in 1923. Because much o f the material is
of general interest and o f permanent value it is now being published.
It is a pleasure to record that following the recommendations o f the
commission the laws passed in 1923 by the North Dakota Legis
lature—which are summarized in this report—placed it among the
foremost States in respect to legislative provisions for the protection
and care of dependent and neglected children.
Respectfully submitted.

Hon.

G
James J. D

race

bbott,

Chief.

a v is ,

Secretary of J^dbor,
V

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DEPENDENT AND DELINQUENT CHILDREN IN NORTH
DAKOTA AND SOUTH DAKOTA
INTRODUCTION
Studies o f child welfare and needed legislation in North Dakota
and South Dakota were undertaken by the United States Chil
dren’s Bureau at the request of the North Dakota Children’s Code
Commission and the South Dakota Child-Welfare Commission
respectively, and the investigations in the two States were made
m cooperation with these commissions. Field work was com
pleted in the spring o f 1922, and early in August a detailed report
was made to the North Dakota Children’s Code Commission: a
similar but briefer report was made to the South Dakota ChildWelfare Commission in July, 1923 (see p. 5). The present publi
cation deals with the results o f the studies made in both States by
the social-service division o f the bureau.1
The population in the two States is for the most part native
American, and the foreign-born element has come chiefly from
northern Europe.2 Agriculture is the principal industry in both
States. Only one-seventh o f the population o f North Dakota lived
m urban communities at the time o f the Federal census in 1920, only
three cities o f this State having a population of over 10,000. In
South Dakota less than one-fifth o f the population lived in urban
communities.3 The largest city in either State (Sioux Falls,
S. Dak.) had a population in 1920 o f 25,202.4
The proportion o f illiterate persons5 among the population o f
both States was comparatively low. In North Dakota the illiteracy
percentage was 2.1, and in South Dakota it was 1.7. Nine States
had a lower percentage than that o f North Dakota, and five had a
lower percentage than that o f South Dakota. The general rate o f
illiteracy for the United States as a whole was 6 per cent.6
indnstrfíPi°div?«inÍ I J h°f chil(l labo,r wbicb was made in one of these States by the
n n k n ír A-T ? A im tbe bureau ^as aiready been published. See Child Labor in North
Dakota (y . S. Children s Bureau Publication No. 129, Washington, 1923).
872192F nníflf ? i r i ati° n fot North Dakota (99 per cent of which was white) was
Pour-fifths were of native birth; two-fifths of the foreign born had come from
ada ' S
countries; nearly one-fourth from Russia; one-eighth from Can$ Hth from G?rmany. Other countries from which any considerable
^ m b e r o f persons had come were Austria, Czechoslovakia, England, Hungary, and Poland
i^rf»t «e fowUTda^ies ° o J hese countries were established after the World W ar). There
Dakota ro? „In<iians, Chinese, Japanese, Hindus, and Negroes. The population of South
birth^onp7fifth6ofCth i ° f l r ^ ichKWas whitel was 636,547. Seven-eighths were of native
o f . the foreign born came from Norway; one-fifth from Germany; oneaootít*? f r,o m, Russia, one-tenth from Sweden; and smaller proportions from some other
countries in the following ord er: Denmark, Canada, Netherlands, England, Czechoslovatha’
Austria, and Finland. Several other countries had each contributed less

iropiiiRtioii, p. y.
fo u r te e n th Census o f the United States, 1920, Vol. I ll, Population, pp. 762, 951.
u.ne U. S. Bureau o f the Census classifies as illiterate any person 10 years of age or
to r “ a <*■»». o , OH,
1923bStraCt ° f the Fourt$enth Census of the United States, 1920, p. 434.

Washington,

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DEPENDENT AND DELINQUENT CHILDREN

The influence of the conditions o f life and the character o f the pop
ulation was reflected in the methods of child care and protection
which had been worked out under public and private auspices. The
readiness of the people to open their homes to unfortunate children
and the opportunities farm life offered for utilizing the services of
the children as they grew older made free-home placement the pre
vailing method of caring for the dependent. The two States, espe
cially North Dakota, had indicated a willingness to adopt certain
advanced measures for the protection of children—for example, the
1917 illegitimacy law,7 the law prohibiting the removal of infants
under 6 months o f age from their mothers, rendered practically inop
erative by an -unfortunate qualifying clause, and the plan for juven
ile-court commissioners.
However, before the establishment o f the commissions for the
study o f conditions and needed legislation, measures for the pro
tection and welfare o f children within the two States were enacted
without adequate information as to actual needs. Consequently, as
the present report will show, they failed in some instances to afford
sufficient protection. The success of the North Dakota commission in
obtaining a considerable body o f well-coordinated legislation, based
on careful study and analysis of conditions, illustrates the value of
such carefully planned proposals.
The North Dakota Children’s Code Commission was created in
19218 to consist o f one representative from each o f seven specified
state-wide organizations. The governor made appointments from a
list of persons representing the State Conference o f Social Work,
State Federation o f Women’s Clubs, State Medical Association, State
Bar Association, State Federation of Labor, State legislature, and
State minimum-wage department. The duty of the commission was
stated to be that of studying social conditions touching upon the wel
fare of children in the State and recommending necessary revision
and codification o f existing laws.and such new laws as were found
necessary. It was to make a comprehensive and detailed report con
taining its findings and proposals to the next legislative assembly,
either regular or special, and to each succeeding legislative assembly
during the period of its existence.
The commission met for organization immediately after the ap
pointment of its members and divided its field of work as follows:
Dependent and neglected children; delinquent children; defective
"children; education of children; children in industry; health and
recreation; general child welfare. The request to the United States
Children’s Bureau was for assistance in studying child-welfare needs,
including especially the subjects juvenile courts, mothers’ pensions,
problems of dependent and neglected children, recreation for chil
dren, and child labor and school attendance, with emphasis on their
rural aspects.9 The commission also requested the National Commit
tee for Mental Hygiene to undertake a mental-hygiene survey.10
7 The Norwegian illegitimacy law doubtless influenced this legislation.
8 N. Dak. Laws of 1921, ch. 29. See also State Commissions for the Study and Revision
of Child Welfare Laws, by Emma O. Lundberg. pp. 63-68, 94, 98 (U. S. Children’s Bureau
Publication No. 131, Washington, 1924).
8 See footnote 1, p. 1.
10 The report of this committee on its investigation in North Dakota was published in
January, 1923. See Report of the North Dakota Mental Hygiene Survey with Recom
mendations (The National Committee for Mental Hygiene, Inc., New York).

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NORTH DAKOTA AND SOUTH DAKOTA

The South Dakota Child-Welfare Commission was created in
1919,11 to consist o f the superintendent of public instruction, the
superintendent o f the State board of health, the president o f the
woman’s, board o f investigation, the parole officer o f the State board
o f charities and corrections, and one citizen of the State to be ap
pointed by the governor for a two-year term. The duties as out
lined in the law related primarily to child labor, but the commission
interpreted broadly the provision to “ investigate the condition of
children and advise pertaining to their care and instruction.”
In December, 1920, the commission issued a report, including
recommendations for legislative action,12 which wàs presented to thé
legislature in 1921 (see p. 96). The commission was recreated by
the 1921 legislature but became inactive during the course o f the
Children’s Bureau study, although the four who were members ex
officio remained in office. Early in 1923 one o f these members began
organizing county welfare boards, in accordance with a law o f 1921
which had been proposed by the commission.13 The members o f the
commission recommended to the legislature that there be a reorgani
zation o f the commission, the necessary legislation was passed, and a
new commission was appointed, to continue for a two-year period.
It sponsored 10 bills, 4 o f which were enacted in amended form by
the 1925 legislature.14
The Children’s Bureau inquiries iii the two States were planned
along similar lines and were carried on simultaneously. Data were
first obtained from all public and private agencies and institutioüè
caring fpr dependent, delinquent, physically handicapped, and
mentally defective children. This formed a background o f infor
mation on the extent o f provision made in the two States for caring
for these children, the nature o f the problems dealt with, and the
localities from which the children came. In each State were selected
10 counties whose geographical distribution and characteristics made
them fairly representative o f conditions in the whole State!' They
also had individual problems peculiar to particular sections. Thé
economic, industrial, and social conditions in these counties yaried
greatly. Included among the 20 were homesteading counties, coun
ties containing cities o f some size, counties in rich farming districts
Where conditions weré fairly prosperous, less prosperous counties, a
county where farming was diversified, and counties in which mining
was the chief industry. The counties containing the largest cities
iri each State were included, as well as counties with no town of more
than 700 inhabitants. Information on the following subjects was
sought in these counties :
(a)
Juvénile courts: Methods o f conducting juvenile-cotirt work:;
probation service; detention methods; disposition o f case$, etc.; and
individual case data for all children brought before the courts be
cause o f delinquency, neglect, or dependency within one year.
sec> 2" S,06 also State .Commissions for the Study
w 0fio(ihl S Welfare Laws, pp. 74, 75, 95, 98 (U. S. Children’s Bureau
Publication No. 131, Washington, 1924).
:
.inv,1^
^,ReP°r.t of the South Dakota Child-Wei fare Commission, 1919—1920.
The Child Welfare Commission, the Capitol, Pierre, S. Dak.. 1920..
18 S. Dak., Laws of 1921, ch. 142.
14 These laws relate to the licensing 6f maternity homes (Laws of 1925, ch. 220), the
examination, care,, and training of mentally defective children (ibid., ch. 152), and the
pa role’of children from the .State training school (ibid.,; chs. 278, 279) . In 1925 the
S tatealso appropriated $4,000 a year for a 2-year period to be used by the'board of
health for the benefit o f crippled children (ibid., eh. 11, sec. 24).

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DEFENDENT AND DELINQUENT CHILDREN

(b) Juvenile-delinquency problems in the community : Courts
other than juvenile courts nearing children’s cases; methods o f deal
ing with adults contributing to the delinquency o f minors; preven
tion o f delinquency.
(c ) Mothers’ pensions: Number o f families and of children re
ceiving aid, amounts o f grants, total appropriations, and methods
o f administration.
(d) Placed-out children: School-attendance records; information
in regard to supervision.
(e ) Children removed from their parental homes (for a certain
number o f children who had been removed from their homes and
taken under the permanent custody o f agencies or institutions) :
Conditions at the time o f removal, child’s characteristics, school his
tory, record o f agency treatment ox the child, constructive work done
with the family before or after the child’s removal.
( / ) Other subjects related to dependency: Children in alms
houses; illegitimacy; adoptions; nonsupport cases before courts.
(g) Mentally or physically handicapped children: Individual case
data, especially concerning ability to attend school and need for
special training or custodial care.
. A section o f the inquiry conducted in North Dakota only was
made through questionnaires on the following top ics:15 (1) Pre
vention and treatment o f juvenile delinquency ; (2) dependency and
neglect; (3) care and protection o f feeble-minded children; (4)
mothers’ pensions (a supplementary questionnaire for the counties
not included in the 10 especially studied) ; (5) recreational facilities.
These questionnaires were prepared in cooperation with the North
Dakota Children’s Code Commission, which distributed them to the
cooperating committees that had been appointed in the various
counties o f North Dakota.16 Although definite information was
sought and obtained by means o f these, their main purpose was
educational—to enlist tne cooperation and interest o f the people in
all parts o f the State and to inform them o f the purpose o f the com
mission and the types o f problems to be considered in planning
legislative needs.
The manuscript report which was presented to the North Dakota
Children’s Code Commission covered the following: General con
ditions in the State; children in State institutions; dependent chil
dren under care o f agencies and institutions ; the North Dakota juve
nile-court system; the treatment and prevention o f juvenile de
linquency; methods o f care and protection o f dependent and neg
lected children; aid to dependent children in their own homes;
handicapped children; notes on conditions in the 10 counties; a
summary pointing out legislation needed for the care and protection
o f children; 14 graphs illustrating some o f the main findings; and
a collection o f material o f possible value in considering the content
and form o f proposed laws (including publications and digests and
text o f laws o f other States on subjects under consideration). On
the basis o f this material and other studies which the commission
itself had been pursuing, the commission planned a legislative proi* For forms and questionnaires used in the study, see Appendix C, p. 124.
lf The Children’s Bureau suggested similar committees in South Dakota, but no com
mittees were organized for work in connection with this inquiry. (For the organization
o f county welfare boards in South Dakota, see S. Dak., Laws of 1921, ch. 142.

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NORTH DAKOTA AND SOUTH DAKOTA

gram and recommended a series of bills to the State legislature early
in 1923. The subject matter o f these bills and the results attained,
by the commission are discussed on pages 103-105 o f this report.
In South Dakota only a part of the projected field study was com
pleted (because of the temporary inactivity o f the commission in
that State), and the detailed preliminary report which had been
prepared (similar to that made to the North Dakota Children’s
Code Commission but not so long) was not submitted until July,
1923, when it was sent to the new commission which had been or
ganized (see p. 3). However, prior to the field survey, confer
ences had been held with the commission as first organized, and
correspondence had been conducted with regard to the plan o f work
o f the commission and the report to be made to the legislature in
1921 (see p. 3). For the subject*matter o f such bills recommended
to the legislature at that time as were enacted into law see page —
o f this report.

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PROVISION FOR DEPENDENT AND DELINQUENT CHILDREN IN THE TWO STATES
STATE BOARDS

A t the time of this study both the North Dakota State Board of
Administration and the South Dakota State Board o f Charities had
very few powers or duties in relation to child care and protection.1
Their authority was limited mainly to the finances and management
o f State institutions.
The North Dakota State Board of Administration had been crea
ted in 1919 out of certain existing boards. Its members were the
State superintendent of public instruction, the commissioner of agri
culture, the commissioner o f labor, and three persons appointed by
the governor. The term o f office was five years. Each o f the ap
pointive members, and also a secretary appointed by the board, re
ceived a salary of $3,000 a year, and such other assistance as was
found necessary might be employed. To this board was given the
administration o f all State penal, charitable, and educational institu
tions, and general supervision over them ; the heads o f the State in
stitutions and the superintendent of public instruction were respon
sible to it.
Private institutions, maternity hospitals or homes, and boarding
homes were not placed under the supervision of the State board of
administration but were subject to a certain amount of local super
vision. Maternity homes and boarding homes were required to ob
tain a license from the judge of the district court, and they were
subject to inspection by a person designated by him; they were re
quired to keep records concerning every child received, given out
for adoption, or otherwise disposed of, and to submit reports to the
judge. All child-caring and child-placing agencies also were li
censed by the district judge, the license being renewable annually,
and were subject to the supervision of the judge, to whom they made
reports.2
There •was no State regulation of placing out, adoption, or the
“ importation ” o f dependent children. Any agency bringing de
pendent children into the State had to file a bond with the treasurer
of any county in which a child or children were to be placed.3 The
only direct control of the State over private agencies and institu
tions lay in the provision that the articles of incorporation o f all
such bodies (filed with the secretary o f state) had to be accompanied
by a certificate signed by the governor and three or more members of
1 For summary of law passed in North Dakota in 1923 giving to the State board of
administration comprehensive powers in such matters as supervision of and cooperation
with institutions, agencies, and juvenile courts, and the administration of mothers’ pen
sions, see Appendix A, p. 109. After the enactment of this law a children’s bureau was
organized within the board of administration.
2 N. Dak., Laws of 1915, ch. 183. For 1923 legislation see Appendix A, p. 114.
8 N. Dak., Comp. Laws 1913, secs. 5107, 5108. For 1923 legislation see Appendix A,
p. 113.

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KÔÊTH DAKOTA AftD SOÜTH DAKOTA

the supreme court o f the State, a renewal o f the certificate being
required every 10 years.4
The State Board of Charities and Corrections of South Dakota
was composed o f five members appointed by the governor. The term
o f office was six years. The members received $1,500 a year and
expenses, and the board elected a president and secretary from among
the members. No office was maintained at the State Capitol—the
homes o f the officers became the headquarters o f the board. The
board had control o f the State charitable and penal institutions and
was authorized to inspect and supervise all institutions and agencies
receiving children under the juvenile court law and to pass annually
upon their fitness (but it did not appear to have been active in this
work). In addition, any association desiring to incorporate for the
purpose o f caring for dependent, neglected, or delinquent children
had to submit its articles o f incorporation for the approval o f the
board.5 The authority to supervise the management o f maternity
hospitals and boarding homes for infants, however, was placed in
the State board o f health;6 and agencies bringing dependent children
into the State were required to file a bond with the treasurer o f the
county where the child was placed.7
In addition to the State board of charities and corrections,'South
Dakota had a special “ women’s committee o f investigation,” com
posed o f three women appointed by the governor. They visited all
State and certain private institutions twice a year and reported their
findings to the governor. There was also a State parole officer^ who
supervised adults and children on parole from the State institutions.
STATE INSTITUTIONS

The institutional provision for children in need o f special care
was very similar in the two States. Neither had any State institu
tion or agency caring for dependent children. Each had a State
training school for delinquent children, which cared for both boys
and girls in the same institution.8 Each State had a school for the
blind, a school for the deaf, and a State school for the feeble-minded.
In both States delinquent minors of juvenile-court age were some
times committed to the State penitentiary, and in North Dakota a
few children were in the State hospital for the insane.
TRAINING SCHOOLS FOR DELINQUENT CHILDREN

Until 1919 the North Dakota State Training School was called
the State reformatory, and the age limitation for commitment was
18 years. A t the time o f the study boys and girls under 20 years o f
age were received and might remain m the institution or under its
jurisdiction on parole until they reached the age of 21 years. The
4N. Dak., Comp. Laws 1913, secs, 5100-5105. In 1923 these provisions Were amended
and. reenacted, the obtaining of a license from the board of administration being required
(N. Dak., Laws of 1923, cn. 160),
es. Dak,, Rev. Code 1919, sec. 999,1.
•
SO U
„ _
I tiil
8 S. Dak., Rev. Code 1919, sec. 7667 (d ), as amended by Laws of 1919, ch. 317, sec.
4 (d).
:LS. Dak., Rev. Code 1919, sec. 9992.
,
^
1,
8 The wisdom of continuing this practice (which has been abandoned in most other
States) was seriously questioned in both States..' In 1921 South Dakota provided for a
separate training school for girls, making an appropriation for that purpose (b. Dak,,
Laws of 1921, ch. 391, sec. 1 ).
\ ,
.M l

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DEPENDENT AND DELINQUENT CHILDREN

South Dakota State Training School received children under 18
years o f age and might retain jurisdiction over them until they
were 21.
There were 90 children in the North Dakota State Training School
and 95 in the South Dakota school at the time o f the study. O f the
total number 140 were boys and 45 were girls. In both schools there
were several children who, according to the records, had been com
mitted because o f dependency, bad home conditions, or their need of
protection rather than because they were delinquent.9 In the two
States 17 boys and 1 girl under 21 years o f age were serving peniten
tiary sentences ; all these minors had been committed to the peniten
tiary at ages which would have permitted their being sent to the
State training schools.
INSTITUTIONS FOR THE FEEBLE-MINDED

There were 161 feeble-minded children under 21 years of age in
the North Dakota State School for the Feeble-Minded and 208 in the
South Dakota school at the time o f the study. Both institutions had
long waiting lists o f children for whom admission was being sought.
In North Dakota the county court had to approve all applications
for admission, and each county was required to pay for its own
dependent wards. In South Dakota the maintenance was provided
by the State, but expenses for travel and clothing were borne by the
parents or guardian (or by the county o f residence o f dependent
children).
SCHOOLS FOR THE BLIND AND THE DEAF

There were 28 children in the North Dakota State School for the
Blind at the time o f the study. As this school was equipped to care
for children of school age only, the State board o f administration
had placed six children o f pre*school age in a private school for the
blind in New Jersey (at State expense). Two of these children were
still under school age, the others being 7, 8, 9, and 12 years old,
respectively. In the South Dakota school for the blind there were 15
children.
The North Dakota State School for the Deaf was providing train
ing for 118 children, and the South Dakota school for 68. The train
ing extended over the usual school period, and the children returned
to their homes during vacation. The families clothed the children
and paid their transportation to and from the school ; the State fur
nished free maintenance for them while in school. It was reported
that a few children whose parents were unable to provide for their
transportation or clothing were being assisted by their home counties.
PRIVATE AGENCIES AN D INSTITUTIONS FOR DEPENDENT
CHILDREN

For the purpose o f the discussion o f the problem o f child de
pendency in the two States in its relation to private agencies and
institutions caring for dependent children, the agencies and
•A law passed in 1923, apparently intended to apply to dependent children, made it
unlawful for any person, association, corporation, institution, or agency to place any child
in any institution, charitable, penal, or reformatory, in which delinquent children, or
children charged with delinquency are kept, without the consent of the State board of
administration (N. Dak., Laws of 1923, ch. 157, sec. 1).

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N O RTH DAKOTA AND SO U TH DAKOTA

institutions studied have been divided into three main groups—home
finding societies, institutions, and maternity homes. In both States
the greater part o f the provision for dependent children was made
through agencies which placed them in family homes.
AGENCIES AND INSTITUTIONS IN NORTH DAKOTA

In North Dakota four agencies (two o f them denominational) and
one denominational institution were reported as doing state-wide
work for dependent children. There were six maternity homes,
which placed out some o f the children bom under their care.10
Boarding homes for children or adults were also included in the
study.
Home-finding societies.

The North Dakota Children’s Home Society, organized in 1890,
received dependent and neglected children o f 1 month to 16 years
o f age and placed them in family homes, mainly for adoption. The
society maintained a receiving home in Fargo where children were
cared for temporarily until suitable provision could be made for them
in family homes.
The Home-Finding Society, under the board o f charities o f the
Lutheran Church (which had its headquarters in Minneapolis,
Minn.), also placed children in North Dakota. Its representative
worked in close cooperation with the North Dakota Children’s Home
Society, often acting as an intermediary between this society and
the Lutheran families in the State who asked for children.
The Child Rescue Society o f the Church of the Brethren, national
in its scope, included North Dakota in one district with western
Canada and southern Montana. It had no receiving home in the
State, but boarded children in approved homes until they were placed
for adoption. Most o f the work was with members o f the church,
although some children had been placed outside the denomination.
There was also in the State a “ Society for the Friendless,” which
combined protective work for children with its work for convicts.
This organization received a small State fund for its work with
poor convicts on parole or released from prison,11 but no appropria
tion was made for its child-caring work. It had placed a few chil
dren in family homes and had dealt with some cases of neglected
children.
A children’s institution.

The only institution for dependent children other than the receiv
ing home mentioned was St. John’s Orphanage, primarily for Cath
olic children, who were received for “ temporary care,” which often
extended over a considerable period. Most of them were ultimately
returned to parents or relatives. The minimum age o f admission
was two years, and there was no maximum age o f retention. This
orphanage did some child-placing work, usually in cooperation with
the North Dakota Children’s Home Society, and all children eligible
for adoption were referred to that society.
14
Other hospitals were known to have cared for many mothers whose children later
became dependent, but they were not visited because they did not engage in placing-out
work.
.
,
>-*
u N, Dgk., fcaws of 1914, cb. 46.

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Maternity homes.

Many maternity hospitals and homes, cared for unmarried mothers
and their babies. Laws concerning such institutions are designed
to insure good medical care and to protect the children, especially in
regard to the disposition made of them.
Under the law in force at the time of the study12 “ maternity hos
pitals ” were defined as any place advertised as such or which offered
care in relation to childbirth to more than one woman in 6 months;
“ boarding homés ” were defined as those caring for 2 or more chil
dren unrelated to the manager and unattended by parent or guardian,
or which received illegitimate children. Supervision and licensing
of such homes was in the hands of the district judge, who made regu
lations concerning their conduct and appointed inspectors and might
revoke a license when such a home did not seem to him to be properly
conducted. The person in charge was required to keep a record of
the follow ing: (1) The admission of each maternity case (to be
reported within 24 hours) ; the name, sex, color, and date o f birth of
the child; the name and residence of the mother and o f the physician
or midwife in attendance (to be reported within 2 days) ; (2) name,
sex, and color of children boarded, and name and address o f parents ;
(3) name o f person dying in the home, with date o f death ; and (4)
name and residence of person with whom a child was placed or by
whom adopted (to be reported within 24 hours). The confinement
expense o f an unmarried mother could be collected from the county
o f residence, and illegitimate children were to be conveyed to the
mother’s legal residence if it could be established; if not, they became
wards o f the county in which they were bom.
Only the judge of the district or a duly authorized person or
organization was allowed to place a child for adoption under the
permanent control of a person other than a relative o f the child.
The Florence Crittenton Home in Fargo, N. Dak., originally a
private organization which had become, semipublic in character, since
it had been declared by law to be a ¡State charitable institution
and was in receipt of an annual appropriation from the State,13
received pregnant unmarried girls and women, “ homeless and
friendless ” women and girls, and a few delinquent girls under 18
years of age who had been committed to the home by the courts.
The capacity of the home was 45 girls or women and 30 babies. An
average of 100 girls were admitted annually. The home had one
large brick building, containing the offices, receiving rooms, sleep
ing rooms, nurseries, and a well-equipped delivery room, and two
cottages, which were closed in winter to save fuel unless the central
building was very crowded. One cottage contained a schoolroom;
the other was intended for the use of delinquent girls, but at the
time of the study this segregation had not been carried out. Girls
o f school age were given instruction by a teacher provided by the
school authorities in Fargo. The staff consisted of the acting super
intendent, the secretary, two matrons, a nurse ; a laundress, a cook,
and a janitor.
« N. Dak., Laws of 1915, ch. 183 (repealed by Laws of 1923, ch. 164, sec. 12).
1923 legislation on maternity hospitals, see Appendix A, p. 116.
is N. Dak., Laws of 1969, ch. 35 (Comp. Laws 1913, sec. 1723).

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For

NORTH DAKOTA AND SOUTH DAKOTA

A girl under 18 years of age was required to remain in the home
one year after the birth of her baby, and a girl over 18 to remain
6 months. It was not the policy to separate mother and child in
order to place the child for adoption. Most frequently work was
found for the girls where they could keep their babies with them,
unless the girls could be returned with their babies to their parental
homes. Many of the girls who returned to their homes soon released
their babies to child-placing agencies.
The five other maternity homes visited in North Dakota were
much smaller than the Florence Crittenton Home and kept very
poor records. Each occupied a private residence and was conducted
as a private business by the women in charge. Two of these homes,
in Fargo, were licensed and under the supervision of the district
court; they were cleaner and neater than the other three homes,
their managers were trained nurses, and they probably gave better
care. The homes in smaller cities in North Dakota were in old
frame buildings, two in fairly good neighborhoods, one in a very
poor region. The latter had a patient in the front room separated
from the living room by a curtain only, and a man with his two
children lodged on the floor above. One of the managers stated
that her only training in maternity work was a correspondence
course and added: “ I am now getting practical experience.”
In some instances the managers of maternity homes had assisted
the mothers in finding adoptive homes for their children. The
manager of one home worked in cooperation with one o f the board
ing homes for children, and many of the babies went directly from
her place to this boarding home.14
Advertising by maternity homes, for the purpose of obtaining
patients and adopting homes, was not uncommon in North Dakota,
as shown by newspaper items, which appeared from time to time
during the period o f the investigation. One manager was in the
habit of advertising in the daily papers when a patient had a baby
to release for adoption. The two following advertisements ran
along together for a number o f days during the time o f the investi
gation :
M other— I f Y ou N eed a F riend and home during
confinement, or care for baby afterwards, call
------ — , or w r ite ----------- (name of paper)
F or A doption, N ice B aby G irl, week old.
(Phone
n u m ber-----------)

This manager said that applicants who seemed to her to be un
desirable were refused, but if they made a good impression on her,
she called her lawyer, the legal papers were immediately made out,
and the baby was taken away by its foster parents without investi
gation. In one case before allowing the infant to be removed, she
had written to a druggist in the town where the applicants lived
and heard through him that they were suitable people to adopt the
child.
u One manager of a home stated definitely that she did not consider it her business to
pry into the history of the patients, and that she knew nothing about them or about what
disposition they made o f their children after they left the hospital. She kept them for one
month after the birth of the child, to insure breast feeding for that time, unless the
mother took the child to her own home when she left.
81461°— 26----- 2

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DEPENDENT AND DELINQUENT CHILDREN
AGENCIES AND INSTITUTIONS IN SOUTH DAKOTA

The home-finding society.

The South Dakota Children’s Home Society, organized between
1890 and 1900, had in Sioux Falls a well-equipped receiving home,
from which it placed children in family homes throughout the
State. It occasionally gave temporary care, but most o f the children
received had been legally surrendered by the parents and were
eligible for adoption. The receiving home cared for wards of the
society until they could be provided for in family homes.
Institutions.

There were two institutions caring for dependent children in
South Dakota, in addition to the receiving home mentioned—the
Bethesda Children’s Home, at Beresford, with a capacity of about
50, and the Odd Fellows’ Home, at Dell Rapids, Minnehaha County.
The Odd Fellows’ Home provided a home for dependent boys until
they were 16 years o f age and for girls until they were 18 years o f
age. It accepted only normal children who were orphans or half
orphans o f Odd Fellows or Rebekahs in good standing. The
children attended the public school. No child placing was done
by the institution, and no child was released before reaching the
age limit, except to go to a parent who had again become able to
provide care.
Maternity homes.

The regulations which the South Dakota board of health adopted
in 1919 15 provided that all lying-in houses should be licensed and
inspected by the local health officer, and required each health officer
issuing a license to file a copy with the superintendent o f the State
board o f health within 10 days. The license was to contain the
health officer’s certification o f personal knowledge o f the applicant
and o f the applicant’s good moral character and competency to
care for children under 2 years of age, a description of the premises
to be occupied, and the number o f children that might be received
at any one time. It was not to be issued unless the premises were
in proper sanitary condition. The superintendent o f the State
board o f health had the right to enter and inspect the premises where
children were received, boarded, or kept, and to examine the children
as to their physical condition. The health officer of any city, village,
or township was to inspect all lying-in houses at least twice a year
or oftener upon complaint o f reasonable persons.
Persons receiving children were to report, within three days after
receiving a child, its name and age and residence o f the persons
placing it. Offering in any way to dispose of the children was for
bidden to lying-in houses and boarding houses o f the type described
in the regulations.
A t the time of the study no maternity homes in the State had
been licensed.16 Two maternity homes—the House of Mercy in
Sioux Falls, and Kenna Hospital—were visited. The latter was a
maternity and baby hospital in Sioux Falls. The House o f Mercy
15 Bulletin of State Board of Health, April 1, 1919, pp. 33, 59-61. Waubay, S. Dak.
See also footnote 6, p. 7.
16 Confirmed by letter of Dee. 26, 1923, from the director of the division, o f child hygiene
Of the State board of health.

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was opened in May, 1921, by the board o f charities o f the Lutheran
church in a frame house formerly used by a maternity home known
as “ The Ark of Refuge.” The yard afforded play space for a few
children. There was room in the home for 10 mothers and their
babies and for 6 other dependent children. The home received
pregnant girls and arranged for their confinement care in local hos
pitals. The mother and baby were returned to the home for one
month after confinement, and an effort was made to keep them
together. Dependent children were eligible for admission up to
5 years of age.
COUNTY ALMSHOUSES

Among the 13 almshouses maintained in the 20 counties covered in
the Children’s Bureau study, 4 in North Dakota and 2 in South
Dakota were found to have cared for children between October 1,
1919, and September 30, 1921. The information noted in the
register seemed very meager, although the superintendent o f each
poor farm was required to keep records o f the inmates and to sub
mit a monthly statement to the county commissioner. Names, dates
of admission and discharge, and township o f residence were usually
given. The age and the reason for admission or discharge were
seldom stated, and the entries were o f stereotyped form, furnishing
very little social history of the child. No follow-up work was done
by the superintendent after children left the almshouses. Oc
casionally he could give information from hearsay regarding the
present whereabouts o f a child who had been in the almshouse at
some time.
Interviews with various county officials gave the impression that it
was not a common policy to commit dependent children to these
institutions. The superintendent of one almshouse remarked: “ The
poor farm is no place for children, anyway. The inmates are mostly
old people with objectionable habits, not fit associates for young
children.” Yet the commissioner o f poor relief in one county said
that when he could not solve a family problem in any other way
he would send a mother and children to the almshouse, and some
times the father also.17 Obviously an institution designed mainly
to provide for a class of unfortunate adults is not a desirable home
for children, even though the findings of the study indicated that
in some o f the almshouses special efforts were made to give the
children the best kind o f care possible under the circumstances.18
One almshouse which had provided care for children during the
period studied was 20 miles from the city, in the outskirts of a
village; the other five were situated 1 to 6 miles from the respective
county seats. In five counties the buildings were old, and all except
one were frame (one county had appropriated $150,000 for a new
building, which it was hoped would be started in the near future).
The one house not of frame construction was of red brick, resembling
17 This commissioner cited the case of a father, mother, and six children, who seven
years before had spent a year on the poor farm. The father was feeble-minded, brutal
and lazy and did not provide food and shelter for his wife and children. After several
months on the farm he asked the county to build him a house there. This was refused
and the case was brought into the county court. The parents were willing to surrender
the children to a home, and the children were eager to go. The parents were allowed to
keep the baby, and they left the county soon after the other children were taken from
them.
18 See footnote 9. p. 8.

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a small, closely built row o f city houses with three broad sets o f
steps across the front; it was on a farm of 160 acres, about 2 miles
from the county seat. The farm was managed by a man and his
wife who were paid for the farm work and for the care of the in
mates o f the almshouse. This family lived in one end of the house,
which, although very barren and unattractive, was fairly clean and
comfortable and had separate bathrooms, with good plumbing, for
the men and the women.
In one county most of the first and second floors o f the almshouse
was occupied by the county hospital, but in addition to the main
building there was a small cottage accommodating eight or nine
inmates. In each of the remaining five counties the almshouse con
sisted o f one building.
One almshouse had several single sleeping rooms and two dormi
tories with four or five beds in each; another had separate sleeping
rooms with double beds for mothers and children; two almshouses
had wards for men and women, as well as smaller rooms accommodat
ing one or more persons. In one of these the smallest children slept
in the women’s ward, the older children in an adjoining room, and
the oldest boys in a separate room on the third floor. One alms
house had three rooms finished and heated in the attic, in which the
children slept. In another county the children had rooms on the
second floor of the almshouse with the other inmates.
In one almshouse the children had a separate dining table; in a
second the children ate at the women’s table; in a third the small
children ate with the women in the women’s ward or in their rooms.
In the remaining three the child inmates were not separated from
others in the dining room.
The largest almshouse could accommodate 120 persons and the
smallest 30. Jn two of the six counties the county hospitals were
combined with the poor farms. The other almshouses were exclu
sively homes for the aged, for persons temporarily destitute and
without a homeland for neglected and dependent children. In one
county children were cared for at the almshouse only if they were
born in the institution, or if they were children in a family entering
with a mother when she came for confinement.
The children in one almshouse attended the county graded school;
those in another attended a one*rQom rural school, a few rods from
the farm, whose total attendance consisted o f four county charges,
the children o f the superintendent of the farm, and the children o f
the cook. In one county the superintendent of the farm took his
charges into the city to school each day.
There was a noticeable lack of provision for recreation for the
children at most of the almshouses, and free mingling with the
adults was inevitable. In one almshouse the children were not
allowed to go to the men’s living rooms; they had a separate play
room without furnishing or playthings. The children in another
almshouse had their special pets, such as a dog or goat; there were
swings in the yard, and the children were taken to the county fair
each year, and occasionally to school entertainments.
In two counties the children were given work to do around the
house and farm outside o f school hours. In one o f these counties the
boys were paid for their farm work during the summer months, and

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NORTH DAKOTA AND SOUTH DAKOTA

one boy had saved $100 of his earnings. The girls were given some
spending money but were not paid for their w ork; they were taught
something about housework when there was opportunity.
A ID TO DEPENDENT FAM ILIES
MOTHERS’ PENSIONS

Mothers’ pension grants were made under somewhat similar condi
tions in North Dakota and South Dakota, the county court being
the administering agency in both States.19 The North Dakota law
applied only to children under 14 years,20 but South Dakota per
mitted grants to be made for the support of children up to 16 years.21
North Dakota permitted aid to be given to “ any woman with one or
more children dependent upon her for support,” 22 but South Dakota
granted aid only for children whose mothers were widowed or
divorced, or whose husbands were in the State penitentiary or per
manently incapacitated physically or mentally. In case of divorce,
the decree must have been secured within the State, and aid could not
be granted until one year or more had elapsed after the decree.
North Dakota required residence of one year in the county; in
South Dakota the minimum residence was one year in the State and
six months in the county.
In North Dakota the maximum amount that could be allowed for
each child was $15 a month, which was given to the mother to ad
minister. I f the court found that the funds were not being used
judiciously, the judge might order the allowance to be paid in sup
plies and provisions and to be administered by the overseer of the
p o o r ;23 in other words, the usual form of “ poor relief” was some
times substituted for the mother’s pension. South Dakota provided
for a maximum allowance of $22.50 for the first child of a family
and $10 for each additional child. (When three or more children
were to be provided for, this gave a lower total than did the law o f
North Dakota.) South Dakota also provided for a grant of $22.50
a month to a pregnant woman in addition to necessary medical, sur
gical, and hospital services.
The laws of both States indicated more definitely than do some
State laws that the purpose of the aid was to prevent the breaking
up o f homes. The North Dakota law provided, among the condi
tions under which an allowance may be made, that “ (1) The child
or children for whose benefit the allowance is made must be living
with the mother; (2) the allowance shall be made only when in its
absence the mother would be unable to maintain a suitable home for .
her children; (3) the mother must, in the judgment of the county
court, be a proper person morally, physically, and mentally for the
bringing up of her children; (4) when the allowance shall be neces
sary, in the judgment o f the county court, to save the child or chil
dren from neglect.” 24 The South Dakota law has similar provisions.
19 N. Dak., Laws of 1915, eh. 185; S. Dak., Rev. Code 1919, sec. 10023-10025.
20 In 1923 the age of children in North Dakota was raised to 16, hut in 1925 it was
reduced to 15 (Laws of 1925, ch. 165, sec. 1).
21 In 1925 South Dakota passed a law making the mothers’ pension laws applicable to
unorganized counties (Laws of 1925, ch. 297).
22 In 1923 the application of the law was made more limited. For text of law, see
Appendix A, p. 111.
23 In 1925 the administration of the law was placed in the hands of the county com
missioners, who might designate the county child-welfare board, if there was one, or
some proper person to disburse these supplies (N. Dak., Laws of 1925, ch. 165, sec. 2).
* The 1925 law specifically states that the intent is “ to cooperate with responsible
mothers in rearing future citizens ” (N. Dak., Laws of 1925, ch. 165, sec. 8 ).

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DEPENDENT AND DELINQUENT CHILDREN

In May, 1921, the Children’s Bureau sent to the county court o f
each county in the two States requests for information in regard to
mothers’ pensions. Replies were received from 50 of the 53 counties
o f North Dakota and from 54 of the 68 counties of South Dakota.
The appropriations for mothers’ pensions reported by 32 counties
o f North Dakota for the fiscal year ended June, 1920, totaled
$149,000, representing a per capita expenditure of 36 cents (based
on the total population o f the counties reporting). The appropria
tion reported by 32 counties of South Dakota totaled $110,000, a per
capita expenditure of 33 cents.
In one county in North Dakota the county welfare worker (whose
duties included public-relief work) investigated the application for
mothers’ pensions; in another county the county nurse (whose duties
included the administration o f poor relief) investigated such appli
cations; in 26 counties the township supervisors, the county com
missioners, or the overseers of the poor made the investigations (re
plies indicating that one or more of these officials made investigation
additional to that made by the county judge). O f the 43 counties
which reported the granting o f mothers’ pensions 42 reported also
some investigation o f applications for aid; investigation by the court
only was reported for 12 o f these 42 counties. O f those answering
the question, “Are the families visited after the pension has been
granted to determine if it is being expended for the benefit o f the
children ? ” 18 answered in the affirmative, 20 in the negative. The
value of the affirmative information is lessened, however, by the
comparatively small number o f replies to the question, “ How
often? ” and by their indefiniteness (“ six or seven times annually,”
“ annually,” “ occasionally,” “ irregularly,” “ when deemed advisable,”
“ when necessary,” “ when considered necessary,” “ every few
months” ). Reinvestigation at intervals to determine the need and
to adjust the allowances to changing conditions in the families was
reported by 24 counties; the extent and thoroughness o f such rein
vestigation were not indicated.
In 1 county in South Dakota it was reported that investigation
o f applications was made by a social worker as well as by a court
appointee; in 15 counties investigations were made by county com
missioners alone; in 7 counties by court appointees alone; in 6 coun
ties by the county judge, the county commissioners, or the State’s
attorney (in 1 of these counties investigation was made by all 3 offi
cials) ; in 2 counties by the county judge alone; in 2 counties by the
.State’s attorney alone; in 2 counties by special investigators; in 1
county by a county commissioner or court appointee; and 1 county
by the county judge and an examiner. Two o f the 39 counties
did not report by whom the investigation was made. O f those
answering the question “Are the families visited after the pension has
been granted, to determine if it is being expended for the benefit o f
the children ? ” 16 replied in the affirmative, 20 in the negative. The
14 replies to the question “ How often ? ” were as follow s: “ Monthly,”
“ once or twice yearly,” “ semiannually,” “ irregularly,” “ occasion
ally.” Reinvestigation at intervals to determine the need and to
adjust the allowances to changing conditions in the families was
reported by 30 counties; the extent and thoroughness o f such investi
gation were not indicated. Five counties reported no reinvesti
gation.

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FAMILY-RELIEF WORK

The county poor commissioner was the public agent for the usual
form o f county aid to needy families. A notable exception to the
ordinary type o f public outdoor relief was a county in North Da
kota, where a worker employed by the Red Cross to do general wel
fare work was also the poor commissioner for the county. In many
counties o f both States the local chapters o f the American Red Cross
were doing child-welfare and family-aid work, paying the salaries
o f the county school nurse, providing dental care, furnishing medical
supplies and medical treatment where needed, or obtaining special
treatment for crippled children. The Salvation Army had branches
in many towns and cities of the two States and did some relief work
among needy families.25 In each State there was one large familyrelief society, the Public Welfare Association of Fargo, N. Dak.,
and the Family Welfare Association of Sioux Falls, S. Dak. A
number o f smaller organizations were reported to be doing work
along the same lines, most o f them with only volunteer service.
One of the largest o f the organizations doing various forms o f
child-welfare work in a number o f counties—the Women’s Com
munity Council o f Bismarck—consisted o f representatives o f 32
women’s organizations o f the city. In one county the Women’s Re
lief Corps did considerable child-welfare work.26 The various fra
ternal orders and lodges had committees for charitable work, for
work with boys, or for providing recreation facilities. Many of
them were important factors in the community activities which had
been undertaken in progressive counties.
JUVENILE COURTS
JURISDICTION AND PROCEDURE IN NORTH DAKOTA

The judges and juvenile commissioners.

Juvenile jurisdiction was lodged in North Dakota in the district
courts, which in the exercise o f this jurisdiction were called juvenile
courts, and had jurisdiction over dependent, neglected, and de
linquent children under 18 years o f age.27 The State was divided
into six judicial districts, each containing several counties. In each
of 3 judicial districts there were 3 judges, and in each o f the other 3
districts there were 2 judges. Each held two terms of court in each
county at stated times during the year, and each had jurisdiction as
juvenile judge in his district. Each judge attended especially to
all juvenile cases in the county in which he had his residence and
chambers (unless an emergency arose when 1 o f the other judges
was holding court in that county), except that in the second district
each of 2 judges had 4 counties and the third judge handled all the
juvenile work in the remaining 3 of the 11 counties in this district;
and in the fifth district 1 o f the 2 judges handled all of the juvenile
work in 3 o f the 6 counties in the district, and the other judge han
dled that o f the remaining 3 counties.
f i n one county of South Dakota it had also started a campaign for funds to establish
a detention home and a ‘ rescue home ” for unmarried mothers
28 The Women’s Community Council had also supervised, through its active child-welfare
committee, the supplying of milk to school children, and it had been instrumental in
establishing a dental clinic for children. The Women’s Relief Corps had furnished milk
for babies and obtained operations and orthopedic treatment for children, and was helping
the county school nurse in follow-up work.
** N. Dak., Comp. Laws 1913, secs. 11402-11428.

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In 1915 a law was enacted authorizing district judges to appoint
“ juvenile commissioners.” 28 This law as later amended 29 required
the appointment o f two juvenile commissioners for each district, one
to be a man with exclusive jurisdiction oyer boys over 10 years o f
age, the other to be a woman with exclusive jurisdiction oyer girls
over 10 years o f age, the two to have concurrent jurisdiction over
children o f 10 years o f age or under. Final orders for custody or
control of such children, committing them to the reform school or
other State institutions, removing them from their parents for tem
porary custody or for adoption, were to be made by the district
judge, to whom the commissioners were required to report their
findings and recommendations. |
„
The purpose of the act, as specifically stated, was not to take from
the court or judge any power already possessed but rather to sup
plement the efficiency o f their work by assigning to the juvenile
commissioners the labor of caring for details and making it neces
sary for the judge to act only when conducting a formal hearing
or making a final order. The juvenile commissioners had the coinbined duties and powers o f probation officers and referees. They
received and investigated complaints, dealt with cases informally,
adjusted and referred them to other agencies, and held hearings in
any part o f their districts. Cases which seemed likely to involve
commitment to institutions were brought usually before the judge.30
Any parent, guardian, or other person having an interest in the
proceedings might appear and be heard on the merits o f the case at
the hearings before both the juvenile commissioners and the court.
The court was given authority to appoint guardians ad litem with
power to consent to adoption or take such other action as they might
deem best. Juvenile commissioners were required to keep a record
o f all their proceedings and were entitled to compensation on a per
diem basis for the time actually and necessarily employed (within
a specified limit) in an amount approved by the district judge.3*
In all the districts truancy cases were being handled by the juve
nile courts, but in most districts only the flagrant cases of truancy
reached even the commissioners. Wherever possible they were han
dled by the local truant o ffice rs.In the cities o f Fargo and Grand
Forks the home and school visitors who attended to the truancy
work frequently requested the juvenile commissioners to make home
visits with them when they had been unsuccessful in getting the
children back to school. In rural localities having no truant officers
the commissioners handled truancy cases informally.
At the time of the study juvenile commissioners had been ap
pointed in four of the six judicial districts o f the State. In three
of these four districts a woman commissioner had been appointed.
In one district (the third, containing eight counties), which was
almost entirely rural in population, no commissioners had been ap
pointed, because there had not been enough juvenile work to warrant
the expense to the counties, and the judges had been able to attend
28 N. Dak., Laws of 1915, ch. 179.
29 N. Dak., Laws of 1921, ch. 83.
...
_,
.
.
.
!0 Less than one-fifth of the children’s cases dealt with in the State during the year
before the study for which information was obtained came before the judges for adjudi
cation ; that is, more than four-fifths of the children who might otherwise have been
brought before the court were dealt with by the juvenile commissioners.
» N. Dak., Laws of 1921, ch. 83. secs. 2-4.

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to the juvenile business. In another district (the fourth, containing
eight counties) the judges did not approve o f the commissioner
system and were, therefore, doing the juvenile work themselves,
sometimes with the assistance of volunteer probation officers.
In the first district (containing seven counties) there were two
juvenile commissioners, a man and a woman, both giving full time
to the work. The man had his office and residence in Fargo, the
county seat of Cass County; the woman lived in Grand Forks. The
woman commissioner had been appointed to office in July, 1921; pre
viously the man had done all the work for the district. Both com
missioners had jurisdiction throughout the district. The man com
missioner, who had been in office for six years, did not consider it
practicable for the woman commissioner to handle all cases o f girls
over 10 years of age. Consequently she had seldom been called upon
to deal with girls outside the county in which she lived. The man
commissioner had legal training and had been a police judge. The
woman commissioner had practical experience in relief work and a
year’s special training at a school of social work.
The second district (containing 11 counties) had been divided by
the judge into two divisions o f four counties each and one of three
counties. Each judge was responsible for the juvenile work in his
own division and could appoint commissioners for it. Two men
and two women had been appointed.
In the fifth district (containing six counties) two men and two
women commissioners had been appointed. One o f the two district
judges supervised the juvenile work and appointed the commission
ers in three counties, and the other was similarly responsible for the
remaining three counties.
The sixth district (containing 13 counties) was the largest in area,
with a chiefly rural population. Its one juvenile commissioner was
the police magistrate for the city of Dickinson (in Stark County),
who was given additional payment for the time spent in juvenile
work.
Probation service.

There was no legal provision for paid probation officers other
than the juvenile commissioners, but the district courts had author
ity to appoint in each o f the counties in their districts any number
of men or women to serve as probation officers without compensation
(although expenses were allowed).32
Although every juvenile commissioner served as a probation
officer, he could hardly do much probation work with children who
lived outside the city, town, or county of his residence. Therefore
special volunteer probation officers were appointed for individual
cases in the small towns and rural districts. In the larger cities—
Fargo, Grand Forks, and Minot—the policewomen were also volun
teer juvenile-court officers and did considerable probation work,
especially in girls’ cases. The “ city mother,” as the policewoman
3a N. Dak., Comp. Laws 1913, sec. 11408. In 1911 the district court was authorized
to appoint in each county a board of visitors, to consist of six persons (three of whom
must be women), who were to serve without compensation (N. Dak., Comp. Laws 1913,
sec. 11420). Such county boards might investigate the cases of dependent, neglected,
and delinquent children and present petitions to the court to bring such children before
it, and were to act as advisory boards to the juvenile court and as boards of visitation to
the various institutions receiving children under the juvenile court act. But no such
boards had been organized in the State at the tiipe of the Children’s Bureau study,

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was sometimes called, school principals, athletic directors, State’s
attorneys, ministers, and priests were most frequently reported as
being made special probation officers. The term “ juvenile officer ”
was used in reference to them and also to describe certain social
workers who aided the courts, such as the superintendents o f the
North Dakota Children’s Home Society, o f the Florence Crittenton
Home, and o f the State Humane and Society for the Friendless.
The number o f persons serving as volunteer probation officers in the
State during the year o f the study was not ascertained.
In one of the two districts where there were no' juvenile commis
sioners (the third district) such juvenile officers were appointed for
all cases demanding probation, and it was reported that the mar
shals and State’s attorneys were called upon for such work. In one
small town o f this district a woman prominent in club work had
been appointed juvenile officer. In one county in the other district
where there was no commissioner (the fourth district) the county
welfare worker (a woman) served as a probation officer, and the
superintendent o f the State Humane and Society for the Friendless
served occasionally as a juvenile officer. Both these workers did
less probation work than investigation for the'court. One judge (in
the second district) reported that he himself did probation work in
the county in which he resided. In the largest district (the sixth)
it was stated that a few special officers were appointed but that de
linquent children throughout the district were placed on probation to
the commissioner, who had them report to him by mail on special
blanks. Probation work by the commissioners themselves consisted
almost entirely in receiving reports from the children in their offices;
there was very little home visiting except during investigation of the
cases before the hearings. The juvenile commissioners required the
special juvenile officers to report to them concerning the conduct of
the children.
Complaint, petition, and summons.

Children could be brought before the court by petition filed by
any reputable citizen. But a formal petition was seldom filed when
a child was first reported to the commissioner and was usually made
out only when a case was referred to the judge for final decision.
In cities and towns in which the commissioners had offices the chil
dren were usually reported directly to them. In rural districts the
cases o f delinquency were usually reported first to local officers (as
justice of the peace, town marshal, or State’s attorney), who then
reported them to the commissioners. When there was a special
probation officer in the community children were sometimes first
reported to him. A warrant for arrest and formal summons to be
served by. officers o f the law were seldom used in the cases brought
for hearing before the commissioner, since his oral request or order
for the appearance of children, parents, and other persons usually
sufficed. Court records of cases referred to judges showed more fre
quent use o f formal petitions and summons, and warrants for arrest
were often made out, although rarely executed and served.
Investigation.

The juvenile court law stated that it was the duty o f the judge or
clerk o f the court, if practicable, to notify the juvenile officers when
any child was to be brought before the court; and it was the duty o f

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if ORTH DAKOTA AND SOUTH DAKOTA

the juvenile officer to make investigation o f the case, to be present
in court to represent the interests o f the child when heard, and to
furnish the court such information and assistance as the court or
judge might require.33 As amended in 1921, the law explicitly gave
to the juvenile commissioners the power “ to examine fully into the
merits o f each case,” with the authority to issue subpoenas, to compel
the attendance of witnesses before them, and to report for contempt
any persons refusing to attend, to be sworn, or to testify.34
The juvenile commissioners were doing most of the investigation
o f juvenile cases. In the two districts where there were no juvenile
commissioners, the judges requested certain persons to make inves
tigation for them, as the county nurses, or the same social workers
who were called upon for aid in probation work. The special volun
teer probation officers appointed in various communities ^(see p. 20)
were available for investigations. In one county the judge dealt
informally with many cases not referred to the commissioner (who
did not reside in the county), and the policewoman, a part-time
worker, made investigations for him. In another county a woman
who did special probation work for the juvenile commissioner was
often requested to make investigations.
The standards o f investigation varied greatly. In no district was
it reported that home visits had been made in all cases, or that inves
tigations had invariably been made prior to the hearing or the
final disposition. Investigation by county nurses often consisted
merely o f a report o f what the nurses knew o f the child or the family
at the date of hearing, without any special visits. Dependency and
neglect cases were investigated much more thoroughly than were
the majority o f delinquency cases.
No court provided physical and mental examinations for all the
children coming before it or arranged for any psychiatric work. In
the first district one of the juvenile commissioners had obtained
medical care and special treatment for a number o f crippled children
who had come to his attention. The services o f some of the best
physicians and surgeons had been given free o f charge, and hospital
care had been obtained. When free medical services were not avail
able the county paid for care of children obviously in need o f treat
ment for which their families could not pay. In the other districts
the services o f the county physicians were said to be available at any
time for juvenile-court wards, but only those'whose need o f medical
care was evident were examined and treated. Juvenile commission
ers who had been asked to assist in obtaining the admission o f certain
children to the institution for the feeble-minded arranged for mental
examinations for them. The instructor o f psychology at the normal
school in Ward County was available for examining children for the
court in that county, but the testing o f only a few children was
reported.
Provisions for detention.

There were no special detention homes for children in North
Dakota, and it was reported that with the possible exception of
Cass and Grand Forks Counties there was not sufficient need for
them to warrant their establishment. The law provided that a child
8aN Dak. Laws of 1911, ch. 177, sec. 7 (Comp. Laws 1913, see. 11408).
« N. Dak.. Laws of 1921, ch. 83, sec. 1.

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DEPENDENT AND DELINQUENT CHILDREN

before the court might be allowed to remain at home, or be placed in
the custody o f some suitable person appointed by the court, or be
kept in some suitable place provided by the city or county authori
ties; but there was no legal prohibition o f jail detention and no law
for the establishment o f special detention homes.35 The general pol
icy o f the courts was to allow the child to remain in his own home
pending hearing, unless there was good reason for other action.36
Detention in jail was not uncommon in the counties covered by
the study. In the smaller counties only a few jails had separate
accommodations for juvenile and adult offenders; and one county
jail was referred to as “ nothing but a dry-goods box.” In three
counties no children were reported detained in jail, although it was
stated that the jail would be used if their detention should be neces
sary. Detention was unusual in juvenile cases arising outside the
county seats. The jail accommodations, if any, consisted usually
o f a small room in the town hall, no special places for detention
being reported; and the taking o f children to the county seat for
detention was apparently infrequent.
In the first district the county jail (in Fargo) was used for cases
in that city. When there were no women in jail the girls were held
in the women’s ward; otherwise they were detained in the hospital
ward, in which there were single rooms. The younger girls and the
boys were usually held in the hospital ward, and the sheriff’s wife,
who was matron o f the ward, cared for the juveniles under deten
tion. In special cases in this county children were placed in family
homes or in boarding homes; the North Dakota Children’s Home (in
Fargo) was used sometimes if there was room for the children. The
policewoman in Fargo placed girls for detention in the dormitory
o f the Young Women’s Christian Association, their lodging being
paid by the court. In another county in the first district the jail was
very old, and separation of boys and girls from adults was possible
only if the one room assigned to women was not in use. The juvenile
commissioner reported that she had not placed a girl here during
her incumbency in office (since July, 1921). In one county in the
fourth district the women’s ward o f the jail was sometimes used for
the detention o f juveniles, but more frequently the deputy sheriff,
who had living quarters in connection with the jail, took the children
into his own home for-detention. In another county in that district
the same policy Was followed. In one county o f the second district
a woman who served as special probation officer sometimes detained
girls in her own home. The juvenile commissioners (a man and his
wife) for four other counties in the second district reported that
when detention was necessary they took the children into their own
home. In the county in the fifth district, girls to be detained were
boarded by the court in a private home under the supervision o f the
juvenile commissioner.
Hearings.

t
each o f the four districts in which there were juvenile commis
sioners almost all the children brought before the juvenile court were
88 N. Dak., Comp. Laws 1913, sec. 11407.
84 A child charged with delinquency might give bond or other security in the same man
ner as a person informed against for crime (N. Dak., Comp. Laws 19i3, sec. 11417), but
no instance was reported of children having been so released under bond, and it was not
the policy of the court to require bond in juvenile cases.

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heard first by a juvenile commissioner, who usually disposed o f the
cases, and only those children for whom a final order of commitment
or permanent removal from parental custody was necessary were
taken before the judge for hearing. In one county the resident judges,
stated that he himself acted in many informal cases which would
ordinarily have come before the commissioner, who resided in ara/g
other county, and would have been settled by him.
The district judges, sitting as juvenile-court judges, held hear
ings as often as the need might arise, regardless o f whether or not
the district court was in session. Frequently there would be a
juvenile hearing just before the calling of the district court in the
morning or at the lunch hour when the judge was not busy. In one
county, if the judge had been out of town during the daytime, he
would hear juvenile cases in the evening, so that they might receive
immediate attention.
Searings before juvenile commissioners.— The juvenile commis
sioners had no stated time for hearings, usually holding them as soon
as possible after the cases were reported (frequently on the same
day), so that there might be no long interim before the disposition of
the case.
The commissioner usually went to hold the hearing to the com
munity where the child lived. Children -were seldom taken out of
their own community into another county or town. The hearing
was held sometimes in a room o f the town hall, in the office o f the
principal o f the school or of the State’s attorney, or (in rural com
munities) in the schoolhouse, or even in the child’s own home. One
instance was reported in which the hearing was held in the directors’
room of a bank. For cases in their own communities the commis
sioners used their own offices. The four commissioners who gave full
time to the work had special offices. In Fargo (Cass County) the
special juvenile-court room was used also by the commissioner for
his office, and in Grand Forks the commissioner had an office adjoin
ing the regular district court room. In another county the commis
sioners had recently been given a special office outside the court
house ; previously they had held hearings in their own homes. The
other commissioners used their regular business offices or their own
homes.
Although the commissioners reported that juvenile cases were
handled informally, the standard o f informality varied greatly.
There was considerable legal formality in all the hearings which an
agent attended before both commissioners and judges. Several com
missioners stated that the adjustment of a child’s case through a con
ference in a commissioner’s office was not considered a hearing. It
was impossible to obtain definite information as to the percentage
o f cases in which “ no hearing ” in this sense was had.
Publicity in juvenile cases was discouraged. A ll the commissioners
stated that hearings before them were always private, only those
persons being present who were requested to be there. The standard
o f requiring parents to attend the hearings was well maintained in
general, though a few instances were reported in which the boys
involved begged the commissioner not to tell their parents o f their
trouble, and the parents were not notified. Several commissioners
reported that frequently the principal o f the child’s school and some
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times his teacher were asked to attend the hearings, because their
cooperation was considered desirable. In many counties the State’s
attorneys were very active in the juvenile work, often presenting
the cases to the commissioners. When a case had been reported to
the commissioner by a State’s attorney, he was usually present at
the hearing. In a few cases juvenile hearings were reported as hav
ing been held by State’s attorneys in the absence of the commis
sioners. In one county where there was only a woman commissioner,
the State’s attorney was holding the hearings for the older boys.
Agents of the Children’s Bureau attended a number o f hearings of
delinquent children before juvenile commissioners in North Dakota.
Following are descriptions of some of these hearings :
A 13-year-old boy bad been reported to the chief of police by the school
teacher as unmanageable and as having struck her. The chief reported the
case to the juvenile commissioner and was directed to take the boy immediately
to the latter’s office, where the justice of the peace would hear the case, since
the commissioner was then busy.
When the chief of police brought in the boy the justice questioned him kindly
and in an entirely informal manner. He told the boy not to return to school
that afternoon but to go directly home and tell his parents what had happened
and to report again the next morning at 8.30, bringing either his father or his
mother with him. The hearing was set early, so that the boy might be prompt
at school the next day. The justice also requested the chief to ask the teacher
to dome in for a conference after school had closed for the day.
The next morning the hearing was held before the juvenile commissioner in
his office, the case having been transferred by the justice. The teacher, the
chief of police, the justice of the peace, and the boy’s father were present. The
court reporter was also present to take down the testim ony; he sat at a small
table in the center of the room. The commissioner sat at his desk in one corner
of the room and the justice at his desk in the other.
The teacher was called upon to testify first. Directed to take a chair just in
front of the reporter’s table, she was sworn and was asked to tell informally
what had happened. There was no cross-examination. The father was given a
chance to question the teacher before she left the witness chair.
The boy was then sworn. He was seated while questioned. H e admitted
striking the teacher, and the commissioner then stated that he “ plead guilty ”
to the charge against him. Since the boy had been before the commissioner on
previous occasions for breaking into a store and for other delinquencies, the
case was continued to be heard before the judge. The date for this hearing was
not set but was to be fixed later. The hearing did not last more than 20
minutes.

One case involved two boys, both 16 years of age. One was in high school,
the other not attending school. The offense was breaking into a medicine ped
dler’s cart and stealing about $10 worth of goods.
The offense was committed on March 5 ; the arrest was made on March 9
by a justice of the peace. After the justice had obtained the boys’ confes
sions, he released them until the hearing, ordering them not to leave town
and to report when he sent for them. He arranged by telephone that the
commissioner should come on the thirteenth of the month to the town where
the boys lived.
The commissioner first talked the case over with the justice of the peace
and asked him for suggestions. The justice had told the boys to report to
him at 1 p. m. and had arranged for the hearing to be'held in the council
room of the city hall. The commissioner impressed upon the justice that the
hearing should be informal and as quiet as possible, so that the affair need
not be known about the town. However, every one who came into the drug
store and the butcher shop, the two places where most of the investigation
was conducted, was asked to tell what they knew about the boys. The people
interviewed at length in the morning were the justice of the peace, the owner
o f the drug store (whom the justice had suggested as a possible probation offi
cer for one of the boys), the son of the woman with whom one boy was board-

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ing, and the man whose wagon had been broken into. The following infor
mation was obtained from the persons interviewed: One of the boys was an
orphan, whose foster mother had left him about $10,000. He had been board
ing for a year with a widow, an intimate friend of his foster mother, who
had taken him at her request. The boy’s guardian paid his board directly
to the widow and allowed the boy $5 a month for spending money. This the
boy spent foolishly, taking the attitude that since he had $10,000 it did not
matter what he did with it. The second boy lived with his parents on a farm
about a mile out of town. He had not been in school for a year, since he was
16 years of age and had completed the eighth grade. He was one of a large
family, and the parents seemed to have made little effort to control their
children. The boy had previously been in trouble but had never before been
reported to the commissioner. The justice of the peace stated that he had felt
that the parents had made no effort to cooperate with him in trying to improve
the boy’s conduct and that he believed the father whipped the boy a great deal.
Both boys reported at 1 p. m. in the council room of the city hall. The
second boy was told by the commissioner that he would have to earn the
money to pay back what he had stolen and that he would be placed on proba
tion to the justice of the peace. He was then sent home to bring his father
and mother.
A hearing was then held for the other boy. The commissioner and he sat
at a table. The others present were the athletic director of the school, the
principal of the high school, and the justice of the peace. The two former
were consulted as to the boy’s school record and general conduct. The com
missioner ascertained the facts as to his age, adoption, and the money left
him, then talked with the boy about his duties to the community and placed
him on probation to the high-school principal, who would assist him in finding
work to earn money to pay for the property he had taken .. He was also or
dered to report as to the expenditure of his allowance.
Shortly after this
boy had been dismissed, and while the commissioner was waiting for the
other boy’s parents, the widow with whom the boy boarded went by. She was
called in for a talk, and told of the boy’s probation. She remained during the
talk with the second boy’s father.
The second boy’s father came for the hearing without the mother, and the
boy was left at home to do the chores. The father’s attitude w a s: “ W ell, I
whip him. W hat more can I do, if he doesn’t behave.” The commissioner
talked to the father about his parental duties, explained to him about the boy’s
probation, and gave him the probation card to take to the boy.

The juvenile commissioner had received a letter from the father of a 16year-old boy, saying that the boy would have to enlist in the Navy or be sent
to the reform school, as he was unmanageable and had threatened to kill his
sister.
The chief of police of the town was met on the street and shown the letter
and questioned about the family. He told where they lived but had no further
information. The State’s attorney was consulted; he telephoned the parents
and asked them to come to his office. This was impossible because the father
had influenza. Very satisfactory interviews were held with the boy and with
the principal of the high school which the boy was attending. The difficulty
seemed to be with the home environment. The principal was asked to assist
the boy in a friendly way, though he was not formally placed on probation.

Hearings before the judges.—The one special juvenile-court room
(in Fargo) has been previously mentioned as used for hearings by
the commissioner as well as for those conducted by the judge. Else
where the juvenile court was held in the judge’s chambers. In some
counties the judge had his chambers in a downtown office building
because o f lack o f space in the courthouse.
Children residing outside the county seat were usually taken to it
when a hearing before the judge was necessary. The law provided
that a final hearing might be had either in the county seat where
the venue was laid or in the county where the district judge has his

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permanent chambers, as the judge might direct.37 However, a child
was seldom taken outside the county o f his residence for a final
hearing. I f the court was not in session in his county, the case might
be delayed for final disposition until court term; in some districts,
if the case was an urgent one, the judge would make a special journey
to the county to hold the hearing. Sometimes, rather than keep a
case pending for a considerable time, the judge would sign the final
order upon the recommendation o f the commissioner without hold
ing a hearing or seeing the child.
Informal procedure with strict privacy was reported to be the
rule in the final hearings before the judges, as well as in those before
the commissioners; yet there was considerable legal formality in all
the hearings at which the Children’s Bureau’s agent was present; wit
nesses were sworn, and the child was required to plead “ guilty ” or
“ not guilty.” At such a hearing the commissioner reported his
findings to the judge, and sometimes the judge did not even ques
tion the child. I f it was necessary to take testimony, the clerk o f the
court was present to administer the oath to the witnesses, and a court
stenographer recorded the hearing, but testimony was seldom taken
unless the child or the parents had obtained the services of an attor
ney. Although the law provided that each child should be privi
leged to secure counsel, most of the attorneys, knowing this proced
ure was discouraged by the judges, advised the families against it.
Parents were requested to be present, also such persons as were
involved either as petitioners or witnesses, and social workers who
had come in contact with the family might be asked to attend. The
juvenile commissioner was always present at the final court hear
ing. The women commissioners^ the policewomen in the larger
cities, and women serving as special probation officers were present
at the hearings o f girls’ cases.
Agents o f the Children’s Bureau attended a number of hearings of
delinquent children before judges o f juvenile courts in North
Dakota. Following are descriptions of some of the hearings:
A 12-year-old boy was brought before tbe juvenile commissioner on a charge
of petit larceny, for stealing a bicycle. The home conditions were poor, and
there was a great deal of discord between the mother and the stepfather.
The mother went out a great deal and paid little attention to the children.
The stepfather was repeatedly told by her that he must not touch her boys.
Ten days later the boy was detained in the county-jail hospital ward from
11 a. m. until hearing at 2 p. m. The commissioner placed him on probation
to the priest and also ordered him to report to the policewoman. Six months
later the boy was brought into court by the juvenile commissioner. The priest
had reported that the boy had repeatedly broken his probation and that he had
been a truant from school more than half the time. He said that the mother
had made no effort to assist him in keeping the boy in school. The commis
sioner had drawn up the papers necessary for having the boy sent to the State
training school. The persons present at the hearing were the juvenile com
missioner, policewoman, priest, mother, stepfather, and brother.
On the morning this case Was to come to court, the juvenile-court room,
which was used for district-court sessions when the district court was hear
ing two cases at the same time, was crowded beyond its capacity with men
who had come to hear the trial of a son of a well-known citizen accused of
embezzlement. The people interested in the boy’s case waited in the small
office of the court stenographer, which was just off the court room. The com
missioner asked the judge to hear his case, and they proceeded into the
court room. The commissioner and the boy stood directly in front of the
judge, the mother, stepfather, and brother were on the right of the boy, and

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KORTH DAKOTA A3STD SOUTH DAKOTA

the policewoman and priest stood behind them.
The court room was not
cleared. The spectators had all the chairs, and some in the back of the room
stood on them that they might -see better.
(This wag doubtless an extreme
instance of publicity. The juvenile commissioner said that there was rarely
a spectator in the court room when a juvenile case was heard.) The juvenile
commissioner read the formal petition to send the boy to the training school
and then turned it over to the judge. The judge questioned the parents, the
priest, and the boy. He then talked to the parents in a general way as to
their part in the boy’s delinquency and signed the commitment papers. The
boy was taken to the sheriff’s office and then to the county jail to await
being taken to the training school. Later in the day the mother appealed to
the judge for a suspended sentence, which was granted, and it was arranged
that the boy and his brother be sent to a near-by parochial school to see if
they would do better there. They were to come home at night, and the boy
under suspended sentence was continued under the supervision of the priest.

One Sunday evening three girls had gone to the house of “ Mexican Joe ”
to play the piano and have a good time. They knew that he was away from
home because they had seen him “ uptown.” He had a player piano and
several other musical instruments, and his house seemed to be a rendezvous
for their “ bunch,” but on this particular evening no other people were there.
Mexican Joe came home about 10.30 somewhat drunk.
Shortly after that
the arrests took place on a complaint entered by neighbors. The girls were
charged with disorderly conduct but were released immediately to go to
their homes. A t the hearing in the police court six days later it was discov
ered that one of the girls was only 17 years old, and she was immediately
transferred to the juvenile court.
(There was no juvenile commissioner
here.)
Her parents were German-Russian immigrants and had been in the
United States 20 years. They had settled on a farm but were unsuccessful
with it, and about 10 or 12 years before this incident they had moved to
their present neighborhood and were living in a one-room house, about 14
by 16 feet in size. The fam ily had been known for some time to both the
judge and the county social worker. The father had been before the justice
court in 1921 on a charge of nonsupport.. H is case had been held over for
the district court, and no final action had been taken. He was lazy and lightfingered and showed no sense of parental responsibility. The mother was a
hard worker, though quite ignorant.
An informal preliminary hearing was held in the afternoon o f the same
day in the office of the juvenile judge. The girl was accompanied bv the
county welfare worker and two women from the women’s community council
The State’s attorney informed the judge of the charge and of the fact that
she had been transferred from the police court. When questioned as to hei'
age, she gave it as 18, but the judge was acquainted with the fam ily and
knew that it was 17. H e advised her that she had the right to get a lawyer
if she wished. After talking to the girl for a few minutes in a very helpful
way, he had the welfare worker take her into anotl 'r room, assuring the
girl that anything told the worker would be kept in sU et confidence. W hile
they were out of the room, the judge talked about the case with the two
women of the community council.
The hearing , was continued for four days, until both the State’s attorney
and the judge could consult with a married sister, who seemed to have good
judgment and a great deal of influence over the girl. The girl was allowed
to return to the home in which she was employed, and she was told to brin«her father and mother with her to the next hearing. The hour was set at
8 p. m., so that the girl and her father need not lose time from their work and
in order that the case might be heard promptly, for the judge was obliged to
be out of town every day during that week.
The second hearing was held in the district-court room. In addition to the
clerk of the court, the court reporter, the State’s attorney, the girl’s lawyer
her parents, and her married sister were present at the hearing
Since the
parents understood very little English, the married sister acted as interpreter
The judge told them of the difficulty the girl was in and questioned them
without putting them on the witness stand. The sister had already talked
over plans with the parents. Both the girl and her sister were sworn and were
questioned very informally by the girl’s lawyer and by the State’s attorney.

81461°— 26---- 3

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Before the hearing the lawyer had held conferences with both the girl and
her sister, and with the judge. The girl was given a suspended sentence to
the State training school, and was placed in the custody of the married sister,
who was shortly to mov<fout of town. - The lawyer was made guardian, merely
to act as adviser to the girl and her sister. The judge ordered that the
filing of the case with the clerk should be suspended, so that there would be
no record in the juvenile court against the girl.

Court decisions and orders.

Delinquent children were most frequently placed on probation,
either to the juvenile commissioner or to a special probation officer
appointed for the individual case. It was said that no child was
committed to the State training school until every effort had been
made to give him a chance to make good in his home and community.
As the State training school cared for both boys and girls, and
nearly all the judges and commissioners were opposed to having
delinquent boys and girls in the same institution, girls were sent
there only as a last resort. Some districts committed to the Florence
Crittenton Home the delinquent girls for whom institutional care
seemed necessary.
The law permitted a child found to be neglected or dependent
to remain at home under the supervision of a probation officer, or
be committed to a suitable institution for the care of dependent and
neglected children, to a training or industrial school, or to the care
o f the North Dakota Children’s Home Society or some other duly
accredited association with similar purposes.38 The juvenile courts
frequently placed out the dependent and neglected children whom
it was necessary to remove from the custody of their parents. The
juvenile commissioners investigated the homes in which these chil
dren were to be placed. The courts committed some dependent and
neglected children to the North Dakota Children’s Home Society,
thus delegating their placement to that agency. They also com
mitted a few to the State training school, although that institution
was specifically for delinquents. Placement o f dependent and
neglected children in family homes, either directly by the court
officials or by the children’s home society, was the general policy.
Records.

There was no uniform system o f record keeping in the juvenile
courts. The law provided that the commissioners should keep rec
ords of all the cases which they handled and that records were to
be kept of all cases coming before the juvenile court.39 Thus two
sets o f records were required, one to be kept by the commissioners
and one by the clerk of the district court in each county. The latter
in most instances included only the records of children who were
committed to institutions. Each juvenile commissioner kept on file
in his office the records of all the counties within his jurisdiction. In
counties for which there was no commissioner the only records
available were those of the commitment cases filed in the clerk’s
office at the county seat.
Records were not kept uniformly by either the commissioners or
the clerks o f the district courts. Both judges and commissioners
stated that they did not keep records in many of the informal cases.
The docket form o f record was used by most of the commissioners.
One commissioner merely kept notes o f each case in a loose-leaf note
88 N. Dak., Comp. Laws 1913, sec. 11409.

48N.

„
«
Dak!, Comp. Laws 1913, sec. 11405} Laws of 1921, cb. 83, sec. 3.

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NORTH DAKOTA AND SOUTH DAKOTA

book; two made and filed separate write-ups for each case, though
they had no special record forms. The dockets of two commissioners
were written as a daily record o f the work done, so that complete
information concerning any case was likely to be scattered over
several pages and was often difficult to find. In the dockets of the
other commissioners the complete data for each case were given a
separate page. In one county the commissioner kept individual case
files in addition to the docket. These files included the correspond
ence in the cases and the findings or recommendations in cases re
ferred to the judge.
Comparatively little social information was included in the records
o f the commissioners, although conversation with them made it
evident that they generally knew much of the family history. The
facts usually noted in their records were the child’s name and age, the
nature and date of offense, and the disposition of the case; there was
seldom any information in regard to the child’s school history, pre
vious delinquencies, and detention pending hearing.
In one of the districts where there were no juvenile commissioners
(the fourth district) practically no records were kept of the juvenile
cases. The judges did not approve of such records, fearing that they
might be detrimental to a child in later life. In one county the
judge himself kept the docket that elsewhere was filed in the clerk’s
office.
Records of juvenile cases filed in the office of the clerk o f the dis
trict court were entered in a separate docket in 5 of the 10 counties
in which records were examined. In the other 5 counties they were
entered in the regular criminal docket, with the notation that they
were juvenile-court cases. The docket records gave only the child’s
name, the nature o f his offense, and the dates of filing the various legal
papers in the case. The legal papers (such as petition, summons,
and order of the court) were always filed in a separate folder. Some
records included copies of the testimony, if any was taken, and some
included the report of the findings of the juvenile commissioner with
his recommendations to the judge.
Whereas the records filed in the offices of the clerks were public, the
commissioners all stated that their records were private and available
only for the use of. the judge or any social agent who had a legiti
mate interest in the case.
In one district the commissioner made a written monthly report
consisting of a copy o f a summary of the .daily docket record, sent
to each of the three judges in the district.
JURISDICTION AND PROCEDURE IN SOUTH DAKOTA

The county court in South Dakota had original jurisdiction in
all cases of dependent or neglected children and of delinquent
children, and might “ for convenience” be called the juvenile court,
its record of such cases being called the juvenile record.40 The term
“ dependent child ” or “ neglected child ” was stated to mean “ any
child who is a county charge, or any orphan,” or deserted, or not
having a suitable abode or proper care, or subjected to “ vicious,
corrupt, or immoral influences,” engaged in illegal or improper
pursuits, etc. The term “ delinquent child ” was stated to mean any
child who while under 18 years o f age violated any law of the State
40 S. Dak., Rev. Code 1919, secs. 9972-9974.

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DEPENDENT AND DELINQUENT CHILDREN

or a city or town ordinance, who was incorrigible, intractable,
truant, associated with “ thieves, vicious, or immoral persons,” fre
quented specified places or types of place, engaged in specified prac
tices and occupations, etc. Although the action of the court was
limited to cases o f children under 18 years of age, the guardianship
o f any guardian, institution, or association to which a dependent,
neglected, or delinquent child had been committed by the court was
to continue as long as the court should direct, but not after the
child had reached the age o f 21 years.41
The law provided that all cases of delinquent children under 18
years o f age which had been originally brought before a justice of
the peace, a police magistrate, or a municipal court should be trans
ferred to the county court.42 This court might, however, permit
a child to be proceeded against in accordance with the general laws
of the State concerning the commission of crimes or the violations
of city, village, or town ordinances.43
Largely because of the attitude o f the judges, court procedure
varied greatly in the 10 counties where studies were made o f the
methods o f handling children’s cases. In two of the counties, for
instance, a definite policy regarding the handling o f juvenile-delin
quency cases had been worked out, whereas in another county the
judge admitted that he had no interest in such cases as came before
him and did not attempt to keep special records of them.
Probation service.

The juvenile court law authorized the county judge of any county
having a population of 5,000 or over to appoint paid probation
officers, the salary to be fixed by the county commissioners. In addi
tion, the law gave the county court authority to appoint any num
ber o f volunteer probation officers.44 In one o f the counties studied
the judge had given formal appointments to three persons, two in
the one city and the other in a rural section. About 80 children
were reporting to this judge personally at the time of the agent’s
visit, and about 10 others were reporting by letter; but he kept no
record of this probation work.
No probation of any kind had been tried in one county. Although
there were records of only five cases o f juvenile delinquency in this
county during the year of the study, nevertheless each of these five
delinquent children had previous court records (four having been
in court twice or oftener, the fifth “ once or twice ” ), and their social
history indicated that the careful supervision of even a volunteer
probation officer might have helped them to overcome the handicaps
of their environment.45
41 Ibid., secs. 9981, 9983, 9986.
42 Ibid., sec. 9989.
43 Ibid., sec. 9984.
44A law passed in 1925 provides for cooperation by county child-welfare boards and

probation officers with the State parole officer. Girls placed on parole are to be under
the supervision of a reputable woman appointed by the county court, such supervision
to be under the direction of the State parole officer (S. Dak., Laws o f 1925, ch. 278).
45 A 17-year-old boy who was in court on a charge of sexual immorality was living with
his mother, whose reputation was “ questionable,” and his stepfather, whom the State’ s
attorney said he “ had enough o n ” to send him to the penitentiary. A 16-year-old boy
had a sexually immoral father and a weak-minded mother. Two brothers; 14 and 17
years old, lived with their mother, who was receiving a mothers’ pension; the father,
reported to have been “ a good-for-nothing,” was dead; the charge against both boys was
sexual immorality. The superintendent of schools spoke of one of the boys as “ capable
and well-meaning,” but in need of encouragement and constant attention. The fifth juve
nile offender had been before the court for forging checks. His parents were spoken of as
hard-working persons in moderate circumstances.

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NORTH DAKOTA AND SOUTH DAKOTA

In a county which contained one o f the larger cities in the State
the judge said that it was not his policy to place children on proba
tion, although at one time he had had two children under what he
termed probation and occasionally had one child on probation. In
these cases the children were told to report to the judge once a
month, the maximum period for reporting being six months; but
interested persons said that the children and the judge frequently
forgot all about it. No home visits were made, and no records o f
the children were kept. In another county in which there was no
formal probation system, although there was a serious delinquency
problem, the chief o f police of the county seat kept in touch with
all children who had been delinquent, whether or not there was a
court record for them, and exercised over them a more or less
effective supervision. In the smallest county studied only one child
had been placed on probation, and he was merely required to report
through an occasional letter. In two counties which were handi
capped by lack of probation officers and by general lack of public
interest and cooperation, the judges placed all first offenders on
probation, also second offenders who came from homes where co
operation might be expected. In three other counties the judges
themselves did almost all the probation work, one even visiting the
homes. In two counties various public-spirited men and women,
including teachers, helped the judges, and one judge had started a
Big Brother movement to interest leading men in delinquent boys.
In one county all juvenile cases came before the police court of
the county seat and principal town, although this was without legal
authority. The police judge was so interested that he had worked
out a rather successful probation system. He placed the children on
probation whenever possible and was assisted in the work by a local
preacher. The .court procedure was accompanied by sufficient for
mality to impress the children and others involved in the case, and
the judge’s authority had not been questioned. A record was kept
giving a summary o f each case. In this way the police judge had
gradually been able to accomplish in a measure what was really the
function o f the county or juvenile court.
In one county, which had a full-time paid probation officer, the
visitor o f the local relief agency also acted as probation officer in
the cases o f most of the girl offenders, and volunteer service was
also given by members o f the juvenile-welfare committee in the
county seat. Here delinquent children were always placed on pro
bation for an indefinite period and were required to report every
Saturday at the office o f the probation officer. The judge considered
the appointment of volunteer probation officers desirable, both for
the child and for the purpose of arousing the interest o f the citizens
in the problems o f juvenile delinquency.
Complaint, petition, and summons.

Proceedings in children’s cases were initiated by petition on the
part o f any resident in behalf o f the State, declaring that a child was
delinquent, dependent, or neglected. A summons or citation was
then served on the parent or guardian o f the child, requiring him,
with the child, to appear at a fixed time for a hearing before thé
county court.

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DEPENDENT ANE DELINQUENT CHILDREN

Investigation.

In three o f the counties the judges reported that there was no
investigation o f delinquency and dependency cases before they were
brought into court, except that the truant officer of one county al
ways made some preliminary investigation Qf cases brought in by
him. One judge enlisted the services o f the school and county
nurses, but these workers reported that he did not act in accordance
with their findings. To use his own expression, this judge “ satisfied ”
himself as to the conditions surrounding the child and his home.
Another judge reported that, although he made no special investiga
tion o f a case, he always familiarized himself with its peculiar con
ditions through the county representative o f the Red Cross, the
police, or some county officer—the sheriff, the superintendent o f
schools, or the nurse.
One judge said that in a delinquency case he always accepted the
statement o f the complainant as substantiated by the police. He
had never had a ease o f neglect, but in such a case he would ask
the local charity organization to investigate, as well as in cases of
dependency other than those in which a parent surrendered the
child; in the latter type o f case no investigation would be made.
The judge in one of the largest counties said that he often made
his own investigations preceding hearings, also requesting aid from
public officials and the Salvation Army captain (who was the
policewoman).
Only two of the courts made any attempt to understand the envi
ronmental conditions which might be responsible for a child’s being
brought into court. In one county the judge, who showed great
interest in his work among juveniles, himself took time to visit the
homes, and investigations were also made by the three persons
appointed as unpaid probation officers and by the secretary of the
county Red Cross. Some preliminary investigation was made in
every case, and the judge often held cases over for several days to
make such investigation possible. Through constant reading on the
juvenile problem and conferences with other judges and through
education o f the people in the county concerning the court’s aims
and needs this judge was striving to develop a better system o f pro
cedure in juvenile cases. In the most thickly populated county of
the State the full-time paid probation officer had charge o f the
investigation of all juvenile' cases coming before the court. He
visited the homes of children who had been reported delinquent, and
under his direction the visitor o f the local charity organization in
vestigated the cases o f many o f the girl offenders. As a result o f
these investigations the probation officer was often able to keep a
case out o f court. The charity-organization visitor was always
present at the hearings of the girls whose cases she had investigated.
Records were kept in all cases o f this type.
* In a small homesteading county the judge reported that no investi
gation had been made in a juvenile delinquency case since the organ
ization o f the court. The agent o f the Children’s Bureau found that
only two delinquency cases had been heard in this county during
the year o f the study.
In discussing the need for preliminary investigations many o f
the judges made the statement that no formal action o f the kind
was necessary, because a little inquiry easily acquainted them with

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F O E T H DAKOTA AH D SO U TH DAKOTA

the facts. It is reasonable to suppose that in a thinly settled county
a county judge would have some direct or indirect knowledge of
most o f the persons coming before him, especially where the co'unty
seat was the largest town and the only important one, and the
delinquent and dependent children came almost entirely from that
locality. But even if the j'udges possessed a considerable amount of
information about the cases they handled it was not indicated in the
meager social history obtainable from the court records.
Although the judges and other officials in several counties recog
nized the need for the mental examination o f delinquent minors,
there had been no attempt to provide for the examination of even
those delinquent children who appeared to be subnormal. In all
10 counties the bureau agents learned o f only one instance o f mental
examination.46 In another county the co'urt had ordered the physical
examination of a few children, but no mental examination had been
given because the judge considered that no competent person was
available for this work.
Provisions for detention.

In counties having a population o f 30,000 or over the county com
missioners were required to make special arrangements for the care
and detention of children awaiting final disposition by the court.
In counties having a population o f 50,000 or over the county com
missioners might provide and maintain at public expense a place o f
detention separate from any jail or lockup and under the super
vision o f a matron, where delinquent and dependent children might
be held if necessary.47 None o f the 10 counties especially studied had
a separate place o f detention for children; yet in all o f them chil
dren were reported as having been held in places other than their
own homes. For instance, the House o f Mercy, in Sioux Falls,
S. Dak., was occasionally used as a place o f detention (having thus
cared for seven girls since its establishment in May, 1021).
According to the law no child under 15 years o f age might be
incarcerated in a jail or lockup.48 However, children were known to
have been held in the county jail in 8 o f the 10 counties studied, and
in 1 they had been detained in the police station; in the remaining
county there was no record to indicate the place o f detention, the
judge reporting that, so far as he could remember, hearings had
always been held on the day o f arrest (and detention had not been
necessary), but that a child, if detained, would be held in the city or
county jail. In one county where the judge was very actively inter
ested in the problems o f juvenile delinquents, it was reported that
children were “ usually” kept in the county jail because there was
no other place. This jail was old, dingy, and infested with vermin.
During the year o f the study 7 children had been held there for
periods varying from 1 to 7 days. However, in all counties the
policy o f all the judges was to leave the delinquent or dependent
child in his own home, when possible, and this was done in the
46This was the case of a boy brought into court by the county sheriff on a charge of
incorrigibility, whose feeble-mindedness was so obvious that the judge referred the case
to the county physician and the boy was committed to the State institution for the feeble
minded.
47 S. Dak., Rev. Code 1919, sec. 9980. According to the 1920 census no county in South
Dakota had a population of 50.000, and only one had a population over 30,000. (See
Fourteenth Census of the United States, 1920, Vol. I ll, Population, pp. 944-950.)
« S. Dak., Rev. Code 1919, sec. 9980.

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DEPENDENT A i m DELITTQUEISTT CHILDEE1T

majority o f cases. They stated that only those children were held
whose homes were considered unfit and who needed the protection
that detention provided. Several judges and a number o f other
county officials spoke o f the great need for proper detention accom
modations for children bro'ught before the court.
Hearings.

The law provided that all hearings of juvenile cases should be
informal. One judge said that outsiders were not barred from the
hearings but that there was never any publicity which would attract
them. A ll the other judges stated that only those persons who had a
legitimate interest in the case (parents or guardians, probation offi
cers, teachers, or social workers) were ever admitted. In no county
were juvenile hearings held with those o f adults. Hearings were
usually held in the judge’s office, which was also the county court
room, and in all counties they were held whenever there were cases.
“ Unofficial” hearings were, reported by all the judges in the 10
counties, except one who stated that he believed unofficial hearings
detracted from the dignity o f the court. Judges considered hearings
“ unofficial ” when no legal records o f the cases were made; 1 judge
reported about 40 unofficial hearings for the year prior to October
1, 1921, and for none o f these were there any records. Another
judge reported that during the same period 56 cases were handled
informally and that 37 of these were dismissed immediately. A card
file record was usually kept o f such cases, giving the child’s name,
the date and nature o f the offense, and sometimes the disposition
made. Occasionally, in order to impress the child, the judge wrote
out a statement regarding the case and required the child to sign it.
In one o f the large counties the judge reported from three to five un
official hearings a week, always for the first offenders. There was no
official court record o f such cases, but the judge was keeping a sum
mary o f them for his own reference.
In one county the chief o f police reported that during the year for
which the records were examined he had handled about 12 cases of
juvenile delinquency without referring them to the county judge.
He said that he had learned from experience that the judge would
dismiss the cases and that he himself could do that as well as the
judge. He had kept no records o f this work. For example, a 12year-old boy, arrested for stealing coal from a freight car, was
brought to police headquarters, and the chief had “ scared him up,”
ordered him to pay for the coal, and released him. The chief ad
mitted that he did not expect the boy, who had belonged to a poor
family and had stolen the coal to take home, to pay for the coal, and
that nothing more would be done in the case. The policewoman had
also assumed the responsibility o f handling some of the juvenile
cases. A similar situation existed in this county with reference to
•cases o f dependency and neglect. Although distressing situations
were known to exist in several families where there were children the
cases were never brought to court because it was expected that they
would only be dropped, as others had been.
Court decisions and orders.

There was no very definite policy in regard to the disposition of
delinquency cases in the 10 counties studied in South Dakota. In

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N O R TH DAKOTA. AND SO U TH DAKOTA

the counties in which there were probation officers many children
were placed on probation with more or less definite time limits and
requirements; in many cases, however, it was found that no final
decision was made and the cases were dismissed because of lack of
evidence. Other children were fined or ordered to make restitution
in connection with their offenses, or were committed to the training
school.
As there was no separate training school for girls in South Dakota
several judges stated that they hesitated to commit a girl to the
State training school if any other suitable disposition was possible.
One judge declared that the need o f a separate training school was
imperative, instancing as proof the following case which he had
handled:
A girl whose parents were divorced and her mother remarried, lived with
her father, who was known to be immoral, in an undesirable boarding house.
She was brought into court on a charge of incorrigibility. W hile the case
was pending a woman, professing to be a friend of the girl’s, asked that she
be given her custody and permitted to take her to Oklahoma to place her in
school. The judge consented, as he believed that the girl should be removed
from her present surroundings.
The father furnished traveling expenses
and a certain amount each month to pay for board, which it was found later
the woman had appropriated for herself; the girl had been placed in an
institution of poor standing to work for her board. After a short time the
girl returned to her father and later was brought into court again on a
charge of incorrigibility.

Records.

There was no uniformity in the manner in which records o f
juvenile cases were kept in the 10 counties, the matter depending
entirely upon the judge’s attitude toward the juvenile work. In one
county where the judge showed little interest in the problems o f
juvenile delinquency the available records were very meager. For the
year covered, the only juvenile records found in the office o f the
county clerk were o f the cases o f two boys who were sent by the court
to the State training sehool. But this did not mean that only two
cases o f juvenile delinquency had come before the court officials. In
this county the policewoman supplied scattered bits o f information
about cases that had come to her attention. These she gave from
notes entered in a small notebook (from which two o f the pages con
taining confidential information and giving the names o f the de
linquents had been lost). The judge stated that he was opposed to
keeping records o f any juvenile-delinquency cases other than those
o f children who were committed to the State training school, be
cause the delinquency record might later be used against the child.
The few juvenile-court records that had been made were not sep
arately filed, and the Children’s Bureau agent found one juvenilecourt record with mothers’ pension records, another with divorce
records, and the third with the criminal-case records in the circuit
court. One county had had so few juvenile cases that keeping records
was not considered necessary. The other counties did keep accessible
records, though the information they yielded was generally scanty,
especially as to the social background o f the delinquent. However,
the judge was often able to give supplementary facts showing that
he had a better understanding o f many cases than the records them
selves would indicate.

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DEPENDENT CHILDREN IN THE TWO STATES
The number o f dependent children under the care or supervision
of private agencies and institutions within a period of two years
ended September 30, 1921, and o f those in county almshouses, in
maternity and boarding homes, receiving aid in their own homes,
and coming to the attention of the juvenile courts, was investigated
by agents of the Children’s Bureau. Such other relevant statistical
data as could be ascertained were also noted. Before the facts ob
tained in regard to these separate groups are given they are sum
marized to present the general situation in regard to child
dependency.
THE E XTE N T OF CHILD DEPENDENCY

The following tables give the number o f dependent children under
care of agencies, institutions, and boarding homes within two years
ended September 30, 1921, the number under care on September 30,
1921, the number released during the preceding two years, and the
type o f care for which the dependent children were received : 1
D e p e n d e n t c h ild r e n u n d e r c a r e o f a g e n c ie s , in s titu tio n s , a n d b o a rd in g h o m e s
in N o r th D a k o ta a n d S o u th D a k o ta w ith in tw o y e a r s e n d e d S e p te m b e r
SO, 1 9 2 1

Children under care within two
years ended Sept. 30, 1921

Agencies, institutions, and homes
Total

Total children_____________
Children’s home societies___ . ___
Other child-caring agencies. . . ____
Institutions for dependent children.
Maternity homes_______ _____—
Boarding homes______ _________
Almshouses •__________________

Beleased
from care
within
two
Under care
years
Sept. 30,
ended
1921
Sept. 30,
1921

1,960

962

998

981

637

292
257
214
106

142
40
36

844
24
150
217
178
85

110

« Figures for children under almshouse care are for 20 counties only.
1 The number of children receiving aid in their own homes and the number brought
before the courts can not be included in the following tables because the information
obtained on these two subjects related to a different period from the one indicated in these
tables. The number of children receiving aid in their own homes on May 1, 1921, was
3 396 in the 87 counties in the two States from which such information was obtained
(see p. 52). The number before the courts because of dependency or neglect within the
year ended Sept. 30, 1921, was 267 in the 30 counties in the two States from which data
on such cases were obtained (see pp. 54-55).
36

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NORTH DAKOTA AND SOUTH DAKOTA
D e p e n d e n t c h ild r e n u n d er c a r e o f a g en cie s , in s titu tio n s ,
in N o r th D a k o ta a n d S o u th D a k o ta u n th in tw o g e a r s
1 9 2 1 , T)y t y p e o f c a r e f o r w h i c h t h e y w e r e r e c e i v e d

a n d h o a rd in g h o m e s
e n d e d S e p te m b e r 30,

Children under care within two
years ended Sept. 30,1921
Agencies, institutions, and homes

Permanent Temporary
care
care

Total
Total children_____________ :____________ _
Children’s home societies_______
Other child-caring agencies., ______ _
Institutions for dépendent children____ ____
Maternity homes.......................
Boarding homes........... ..........
Almshouses i'......'____ _________ _

1,960

947

1,013

981

791
95
50

190
15
242
247
214
105

110

292
257
214
106

10
1

1 Figures for children under almshouse care are for 20 counties only.

On September 30, 1021, about one-tenth of the wards o f the chil
dren’s home societies were in the receiving homes o f the societies.
The others were being cared for in family homes. O f the 86 chil
dren in charge o f other child-caring agencies on that date 84 were
being cared for in family homes. Comparatively few children were
released from agency supervision because most of the children under
such care were received as permanent wards and continued under
supervision for extended periods of time, whereas the institutions
and the boarding and maternity homes more often received children
for whom some temporary arrangements were necessary, with the
expectation that they would soon be returned to their homes. O f
the children committed as permanent wards, 362 were received
because they were o f illegitimate birth, and 298 because of the
inability o f one or both parents to provide for their support. O f the
temporary wards, 276 were received because they were of illegitimate
birth, and 480 because they needed aid assumed to be temporary or
because their parents were unable to provide for their support.
The following tables show the ages of dependent children under
care o f agencies, institutions, and boarding homes in North Dakota
and South Dakota on September 30, 1921, the ages at which de
pendent children under care within two years ended September 30,
1921, were received, and the ages at- time of release of dependent
children from such agencies, institutions, and boarding homes with
in this two-year period :
•
A ges

o f d e p e n d e n t c h i l d r e n u n d e r c a r e o f a g e n c i e s , i n s t i t u t i o n s , a n d "b o a r d in g
h o m e s in N o r th D a k o ta a n d S o u th D a k o ta o n S e p te m b e r 30, 1921

Children under care on Sept. 30, 1921
Ages on Sept. 30,1921

Total children___________________
Under 6 months____________________ ____
6 months, under 1 year............. ..................■
1 year, under 5 years............................ ...........
5 years, under 10 years....................................
10 years, under 16 years___________________
16 years, under 18 years.^................... ............
Not reported.._____ ______________ _____

Total

Chil Other Institu
dren’s child tions for Mater Board
Alms
home caring depend nity
ing
socie agen ent chil homes homes houses1
ties
cies
dren

962

637

54
33
185
228
319
99
244

117
131
226
81
35

21
22
1

1 Figures for children under almshouse care are for 20 counties only.

*. Children from 15 to 18 years whose exact ages were not reported.

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142

16
63
54

8
i

40
14
4
5

1
8
7
i

17
5

D EPEN DEN T AND D ELIN Q U E N T CH ILD REN

A g e s a t w h ic h d ep e n d e n t c h ild r e n u n d e r c a r e o f a g en cie s , in s titu tio n s , a n d
b o a rd in g h o m e s in N o r th D a k o t a a n d S o u th D a k o ta w ith in t w o y e a r s e n d ed
S ep tem b er 80, 1921, w e r e r e c e iv e d

Children under care within two years ended Sept. 30,1921
Ages at which received
Total

Total children_____________________
Newborn.......; __________________________
Under 6 months..._____ _________________
6 months, under 1 year___________________
1 year, under 5 years___ __________ ________
5 years, under 10 years...................................
10 years, under 16 years.............. ........ ..........
16 years, under 18 years......... ................ .......
Not reported.......... ........................................

1,960
192
571
51
355
455
240
35
261

Chil Other Institu
dren’s child- tions for Mater Board
Alms
home caring depend nity
ing
socie agen ent chil homes homes houses1
ties
dren
cies
981
413
33
171
232
104
5
23

110
35
5
14
25
18

1
12

292

257

181
16

3
30
26

3
90
132
49
9

214
99
g
60
31
13

1
2

106

11
20
32
26

»14

1 Figures for children under almshouse care are for 20 counties only.
2Includes 8 children from 15 to 18 years of age whose respective ages were not reported.
A g e s o f c h ild r e n a t tim e o f r e le a s e fr o m a g e n c ie s , in s titu tio n s , a n d b o a rd in g
h o m e s in N o r th D a k o ta a n d S o u th D a k o ta w ith in tw o y e a r s e n d ed S e p te m b e r
30, 1921

Children released within two years ended Sept. 30, 1921

Ages at time of release
Total

Insti
Chil
tutions
dren’s Other
for
Mater Board
child depend
Alms
home caring
nity
ing
socie agencies ent
homes homes houses 1
ties
chil
dren.

Total children........................... ..........

998

344

150

217

178

Under 6 months_________________________
6 months, under 1 y e a r_________ ________
1 year, under 5 years__ __________________
5 years, under 10 years.____ ______________
10 years, under 16 years___________________
16 years, under 18 years____ ____________
Not reported___________________________

269
8»
195

65
42
74
64
33
53
13

»12

24
73
37
4

135
15
13

200
114
87

353

60
30
14

I
19
25
16

3 12

2
11

1 Figures for children under almshouse care are for 20 counties only.
2Includes 9 infants under 1 month of age.
3Includes 6 children from 15 to 18 years of age whose respective ages were not reported.
»

Most o f the girls in the older groups in maternity homes were
illegitimately pregnant or were unmarried mothers with young
babies who had come to the homes for confinement care. During the
period o f the study 56 girls between the ages o f 10 and 17, either
illegitimately pregnant or unmarried mothers, were in the maternity
homes, and 15 pregnant girls or unmarried mothers were in the
homes September 30, 1921.
The following tables show the sources from which the children
were received by the agencies, institutions, and boarding homes in
North Dakota and South Dakota, the reasons for receiving the
children, and the length o f time during which-the children had been
under care.

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F O R T H DAKOTA AND SO U TH DAKOTA

S o u rces fr o m
w h ic h th e c h ild r e n u n d er c a r e o f a g e n c ie s , in s titu tio n s , an d
b o a rd in g h o m e s in N o r th D a k o ta a n d S o u th D a k o ta w ith in tw o y e a r s e n d e d
S e p tem b e r 80, 1921, w e r e r e c e iv e d

Children under care within two years ended Sept. 30,1921

Source from which received
Total

Total children_______ ..
Both parents_____
Father_______
Mother.....
Other relatives__
Court.................
Public official.................
State board.............
Social agency.. .
Private individual. .
Born in maternity home or almshouse..
With mother in maternity home or almshouse.
Other sources___
Not reported___

Insti
Chil Other tutions
dren’s child
for
Mater Board
Alms
home caring depend nity
ing
socie agen
ent
homes homes houses 1
ties
chil
cies
dren

1,960

981

46
124
695
27
364
28
3
80
23
192

26
58
475
9
306

68
6

304

12
2

35
15
3
40

110
1
22
32
0
24
4
i

292

257

214

0
1
10

211

4
181
5
3

106

1 Figures for children under almshouse care are for 20 counties only.
R e a s o n s f o r w h ic h c h ild r e n u n d e r c a r e o f a g e n c ie s , in s titu tio n s , a n d b o a rd in g
h o m e s i/n N o r t h D a k o t a a n d S o u t h D a k o t a w i t h i n t w o y e a r s e n d e d S e p t e m b e r
80, 1921, w e r e r e c e iv e d

Children under care within two years ended Sept. 30,1921

•Reason for receiving1
Total

Total children.
Child illegitimate___________ _______
Child abandoned________________ ...
Child dependent__ ____ . . . _____ . . . ”
Child neglected_____________ ___________
Child delinquent, incorrigible, or wayward__
Child in need of temporary aid__________
Parents dead............. ........ ..........
Parents divorced or separated.__________ ”
Parents or guardians unfit, unable (or unwill
ing) to provide________________________
One parent dead, other unable to care for childl
One parent dead, other deserted..... ..............
One parent ill, other unable or unfit to care for
child.............................. ....... .................
One parent mentally defective or insane” . ” !
One parent deserted, other unable to care for
__
child..............
Other reason___________
III” ”
Not reported________________ ______

Insti
Chil Other tutions
dren’s childfor
Mater Board
Alms
home caring depend nity
ing
socie agen
ent
homes homes houses2
ties
cies
chil
dren

1,960

981

110

292

257

214

638
49

342
38
49
31

38
9
5

10
1
8

170

46
24
160
31
97
271
296
32

93
14
41
108

8
1

25
3

16
57

28
160

56
23

17
24

102

73
5
33

23
74

6
2

106

32
63

•12
31
....... 1
1 These reasons axe given as ascertained from the records of the agencies and institutions studied. It
Is recognized that they are not mutually exclusive, but they represent all the information which was
available.
1 Figures for children under almshouse care are for 20 counties only.
* Includes 1 child committed by the court and 11 born in almshouses.

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DEPENDENT AND DELINQUENT CHILDREN

L e n g t h o f t i m e c h i l d r e n r e l e a s e d u n t h i n t w o y e a r s e n d e d S e p t e m b e r SO, 1 9 2 1 ,
w e r e u n d e r c a r e o f a g e n c ie s , in s titu tio n s , a n d b o a rd in g h o m e s in N o r th
D a k o ta a n d S o u th D a k o ta p r io r to r e le a s e

Chi dren rel eased from—

Length of time under care

Total children_____________________
Less than 6 months.............. .........................
6 months, less than 1 year...............................
1 year, less than 2 years..... ....... .....................
2 years, less than 3 years__________________

Chil
dren's
home
socie
ties

998

344

150

217

178

590
144

175
58
29

54
32
26
17

155
25
18
4

144
24
4

88
57
5

22
3
4

11
6
6

6
8

Not reported--------------------- ------- ....... .......

Insti
Other tutions
for
Mater Board Alms
child
caring depend nity
ing
agen
ent
homes homes houses 1
chil
cies
dren

Total

9
19
5
47

2
1

5
4

16
5
7

7
4

2
1

1
2
8

2
9
11

1
15

210

i Figures for children under almshouse care are for 20 counties only.
•It was known that 6 of these children had been in the almshouses less than a year, and 3 had been in
the almshouses approximately 1 year.

The parental status of the dependent children when received may
suggest possibilities in rehabilitating or supervising their own homes
which would enable the children to be returned to normal condi
tions o f living. For instance, more than one-half o f the children
under care within the period studied had been living with their
mothers and were received because she was unable to provide care.
The mother was unmarried (in over one-third of the instances), or
the father was dead, divorced, separated, or had deserted, or for
some reason was not living in the home. A reasonably competent
mother, who alone is unable to keep her children with her, could in
some instances accomplish this through the aid o f a mothers’ pen
sion (see pp. 52-54). Instances in which the mother is unmarried
present greater practical difficulties as rehabilitation would necessitate
the provision of a home where none exists. The fact that children
were removed from homes in which both parents were living suggests
that a certain percentage of the removals may have been unneces
sary. Yet in many instances conditions in a family even with both
parents living are such as to make removal clearly in the interest of
the children. Inability or unfitness o f the parents may have been
so long continued as to make rehabilitation impossible and delay
dangerous. (See also discussion o f children permanently removed
from their homes, pp. 56-62.)
The following table shows the parental status o f children under
care o f agencies, institutions, and boarding homes in North Dakota
and South Dakota within two years ended September 30, 1921, when
received for such care:

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NORTH DAKOTA AND SOUTH DAKOTA
P a r en ta l s ta tu s

o f c h ild r e n

u n d er

ca re

a g e n c ie s , in s titu tio n s , a n d

h o a rd in g

h o m e s in N o r th D a k o ta a n d S o u th D a k o ta u n th in tw o y e a r s e n d e d S e p te m b e r
SO, 1 9 2 1 , w h e n

r e c e iv e d

fo r ca re

Children under,care within two years ended Sept. 30,1921

Parental status
Total

InstiChil- Other tutions
dren’s child- for de- Mater- Boarding
nity
home caring pendent
homes homes
socie- agenchilties
cies
dren

Um3

Total children-------------------------- ------

1,960

981

110

292

257

214

Parents living together.----------------------------

162

Parents not living together............................

1,390

689

221

180

161

Father dead.......................................... .
Father deserting________________ _____
Mother dead............................................

114
260

121

52
74
75

4
5
29

Mother unmarried___ ____ - ------ ---------Parents divorced or separated--------------One parent in hospital for insane, in correctional institution, or working away

677
168

380
80

39
3

1
1

Parent and step-parent living together...........

Parents dead, separated, in institution, or
whereabouts unknown----- ---------------------

272

183

47
25

7
5

110

27
17

18
9

Parents deserting or whereabouts unOne parent dead, other unable or unwillOne"parent deserting or whereabouts unknown, other in institution or having no
Ï1QTT10
Not reported------------------------------------------

106

10
8
1

82
37

1
3
11

1
1

125
7
9
23

2
6

164
4

1 Figures for children under almshouse care are for 20 counties only.
W A R D S OF THE CHILDREN’S HOME SOCIETIES
CHILDREN UNDER CARE WITHIN TWO YEARS

On September 30, 1921, the North Dakota Children’s Home
Society had under supervision 305 children (43 in the receiving
home and 262 in family hom es); the South Dakota Children’s Home
Society had under supervision 332 children (19 in the receiving
home and 313 in family homes). The two societies had released 344
children from supervision during the two years preceding Sep
tember 30, 1921. Some data in regard to all these children were
obtained from the records o f the two societies. Over four-fifths
of the 981 children under care during the two years were permanent
wards of the societies (9 children committed for temporary care
later becoming permanent wards).
The following tables show the ages o f children under care of the
children’s home societies on September 30, 1921, or on date of
release; and the ages at which children under care of the chil
dren’s home societies within two years ended September 30, 1921,
were received, by the type o f care for which received:

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DEPEN DENT AN D D E LIN Q U E N T CH ILD REN

A g e s o n S e p t e m b e r SO, 1 9 2 1 , o r o n d a t e o f r e l e a s e o f c h i l d r e n u n d e r c a r e o f t h e
c h i l d r e n ' s h o m e s o c i e t i e s w i t h i n t w o y e a r s e n d e d S e p t e m b e r SO, 1 9 2 1

Children under care within two
years ended Sept. 30,1921
Ages on Sept. 30, 1921, or on date of release
Total

Released
care
Under care from
within
Sept, 30, two
years
' 1921
ended Sept.
30,1921

Total children________________________________________

981

637

344

Under 6 months___ ________________________________________
6 months, under 1 year______________________________________
1 year, under 3 years........................................ .......................... ......
3 years, under 5 years__________ ____________ ________________
5 years, under 7 years____________ _____ ______________
7 years, under 10 years.............................. ........................... .
10 years, under 16 years_______ _______ ________ ______
16 years, under 18 years________ _________ ________ ___________
Not reported............... .............................................. .........

91
63
116
76
70
125
259
134
48

65
42
53

63
54
44
87
226
81
35

26
38
33
53
13

A g e s a t w h i c h c h i l d r e n u n d e r c a r e o f t h e c h ild r e n 's h o m e s o c i e t i e s w i t h i n t w o
y e a r s e n d e d S e p t e m b e r SO, 1 9 2 1 , w e r e r e c e i v e d , b y t y p e o f c a r e f o r w h i c h
th e y w e r e r ec eiv e d

Children under care within two
years ended Sept. 30, 1921
Ages at which received
Total
Total children___ ___ __________ ______
Under 6 months___________ __________
6 months, under 1 year_____________________
1 year, under 3 years__________ ______
3 years, under 5 years_________ j_________
5 years, under 7 years___________________
7 years, under 10 years............................................
10 years, under 16 yeai s .......... ...................
16 years, under 18 years.____ _______________ . . . .
Not reported________ _____ .

Permanent Temporary
wards
wards

981

1791

»190

413
33
87
84
98
134
104
5
23

379
26
64
62
71

34
7
23

101
75.
1
12

27
38
29
4

1Includes 9 children committed first as temporary wards and later as permanent wards.
2Includes 14 children for whom type of care was not reported.

O f the children received under 6 months o f age for permanent
or for temporary care 82 per cent were of illegitimate birth. Nearly
one-half o f the permanent wards and one-sixth o f the temporary
wards (about 400 o f the children) were o f illegitimate birth. Ninetenths (91 per cent) o f the children o f illegitimate birth were com
mitted to the permanent care o f the societies, but only three-fourths
(74 per cent) o f the children o f legitimate birth had been committed
for permanent care.
The following table shows the sources from which the children
were received by the children’s home societies. (The reasons for
which the children were received and the parental status o f the
children received for care by the societies are shown on pp. 89, 41),

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NORTH DAKOTA AND SOUTH DAKOTA

S o u r c e s f r o m w h i c h t h e c h ild r e n 's h o m e s o c i e t i e s h a d r e c e i v e d t h e c h ild r e n
w h o w e r e u n d e r th e ir c a r e w ith m tw o y e a r s e n d e d S e p te m b e r 80, 1921

Children under care within two years
ended Sept, 30,1921
Permanent wards *—

Source fro» which received
Total

Of
Of ille
legitimate gitimate
birth
birth

Tempo
rary
wards1

Total children..........

981

428

363

»190

Both parents.....................
Father________________
Mother________________
Other relatives_____ ____
Court_________________
Public official...................
State board________ ____
Social agency....................
Foster parents or guardian.
Private individual______
Other sources______ ____
Not reported....................

26
58
475
9
306

51
104
3
215

1
1
326
1

4
3
40

12
2
11

3
6

5
73

2
4

1Includes 9 children committed first as temporary wards and later as permanent wards.
* About one-sixth of the temporary wards were of illegitimate birth.
*Includes 14 children for whom type of care was not reported.

O f the 872 children under care of the children’s home societies
whose birthplace was ascertained, 558 had been born within the State
in which they had been received, 80 {including 30 infants under 6
months o f age) had been born in adjoining States, 23 in a more dis
tant State, and 11 outside the United States. For 109 o f the chil
dren birthplace was not reported. The fathers o f 633 children were
reported to be white, 4 were Negroes, and 4 were Indians. For 340
o f the children the race o f the father was not reported. Among the
white children were 239 whose fathers were reported as foreign born,2
CHILDREN PLACED IN FAMILY HOMES

Both the children’s home societies placed their wards in family
homes under supervision as soon as the proper arrangements could
be made. O f the children under care during the period studied 703
had been placed in family homes; 188 had not been placed prior to
their release or before September 30, 1921. Ninety-one per cent o f
the children had remained in the receiving homes o f the societies
less than one year pending placement. The following table shows the
length o f time the wards o f the societies remained in the receiving
homes before placement:
“
nationalities o f l i e fathers of foreign birth were reported as follow s: German
6 5 ; Norwegian, 34; Irish 27 ; Swedish, 19; English, 18; Canadian, 1 8 : Danish, 111
Bohemian, 1 1 ; and a few Scotch, French, Russian, gnd Polish,
!
+t
$1461°— 26------ 4

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44
L en g th

DEPENDENT AND DELINQUENT CHILDREN
of

tim e

th e

w a r d s o f th e c h ild r e n ’ s h o m e s o c ie tie s
r e c e iv in g h o m e s b e fo r e p la c e m e n t

r em a in ed ,

th e

Number of wards of the societies
Length of time in receiving home

Permanent Temporary
wards
wards

Total
981

791

»190

364
261
144
99
67
14
7

297
204
119
79
32

57
47
25

20
6

8
4
2
8

2
12

4
3

1Includes 14 children for whom the type of care was not reported.

O f the 793 children who had been placed in homes over 75 per
cent had been in only one home while under care. About one-fourth
o f the children who remained in the first home in which they were
placed by the societies had been under care from five to nine years,
and one-fifth had been under care for 10 or more years.
The following table shows the length of time the wards of the
societies were under care, by the number of homes in which placed:
L e n g th o f tim e th e w a r d s o f th e c h ild r e n ’s h o m e s o c ie tie s p la c e d in o n e h o m e o r
in tw o o r m o r e h o m es, o r n o t p la c ed in h o m es, w e r e u n d er c a r e o f th e
s o cie tie s

Number of wards of the societies—?
Length of time under care
Total

Less than 1 year___________ : __________- _______ i------------1 year, less than 2 years.................... - .........— .........................
2 years, less than 3 years-------------------------------------- ------- —
3 years, less than 4 years----------- ------- -------------------------------

Not reported_________________________________________ 1.

Placed
in one
home

Placed
Not
in two
or more inplaced
homes
homes

981

606

1187

188

330
no
52
39
56
59
50
40
33
44
138
23
7

162
69
34
30
39
40
37
28
16
28

16
16
9

»152
25
9

100

19
4

17
19
13

17
16
38
4

1 Of these children 128 had been in 2 homes, 36 in 3 homes, 17 in 4 homes, 4 in from 5 to 7 homes.
* Of these 64 were less than 1 month old, 49 were from 1 to 2 months, 21 were from 3 to 5 months, and 28
Were from 6 to 11 months old.
CHILDREN RELEASED FROM SUPERVISION BY THE SOCIETIES

Nearly 38 per cent of the children whom the societies had released
within the period studied were legally adopted. All but 15 o f the
children were adopted into the first home in which they were placed;
13 children had been in 1 home prior to placement in their adoptive
home; and 2 children had been in 2 homes previously. Ten of the
children who were placed a second or third time prior to adoption
had been under care o f the society for less than one year,

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NORTH DAKOTA AND SOUTH DAKOTA

More than one-half o f the children released but not adopted were
temporary wards o f the societies.
One hundred and/thirty-three of the 214 children who were ^re
leased but not adopted had not been placed in family homes. O f
these children 114 had been under supervision for less than 1 year;
8 for 1 year; 9 for 2 years; 1 for 3 years; for 1 child the time was
not reported.
O f the children released from care during the two years nearly
three-fifths had been in family homes under the supervision of the
societies, half o f them having been in only one home. Nearly threefifths o f the children released who had been in family homes had
been under supervision less than one year. The following tables
show the length of time during which the children released by the
societies had remained under care, by type o f release and number
of placements:
L e n g t h o f t i m e d u r i n g w h i c h t h e c h i l d r e n r e l e a s e d w ith i/ n t h e t w o y e a r s e n d e d
S e p t e m b e r 3 0 , 1 9 2 1 , r e m a i n e d u n d e r c a r e o f t h e c h i l d r e n ' s h o m e s o c i e t i e s ,■ b y
ty p e o f r ele a s e

Number of children released within
two years ended Sept. 30, 1921
Length of time under care
Total

Children
adopted

Children
released
who were
not adopted

Total children__

344

130,

1214

Less than 1 year___....
1 year, less than 3 years
3 years or more.._____
Not reported_________

233
51
53
7

100
22
7
1

133
29
46

J Of these children 89 were returned to their parents, 13 to relatives or friends, and 42 were sent to other
institutions, 44 were released because they had attained their majority; and 26 died.
L e n g t h o f t i m e d u r in g w h ic h t h e c h ild r e n w h o w e r e r e l e a s e d b y t h e c h ild r e n 's
h o m e s o c ie tie s w ith in th e tw o y e a r s e n d ed S e p te m b e r 30, 1921, h a d r e m a in e d
u n d er c a r e o f th e s o c ie tie s , b y n u m b e rM f p la c em en ts

Number of children released within two
years ended Sept. 30,1921
Length of time under care
Placed in
one home

Total

Total-children.....___
Less than 1 year........... . .
1 year, less than 2 years.
2 years, less than 3 years. _
3 years, less than 4 years___
4 years, less than 5 years____ _ ..
5 years, less than 6 years___
6 years, less than 7 years..............
7 years, less than 8 years__
8 years, less than 9 years..
9 years, less than 10 years........ .......
10 years, less than 15 years.......... .......
15 years, less than 18 years_________
Not reported_________

344

169

233
29

22
2
5
4
0
8
16
5
7

IO
|1
3

8
4
4

1 Of these children 30 had been in 2 homes, 7 in 3 homes, 2 in 4 homes, 1 in 5 homes.

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Placed in : Not
two or
more placed in
homes
homes

DEPENDENT ANt) DELINQUENT CHILDREN

W ARD S OF OTHER CHILD-CARING AGENCIES

The three agencies included in this group are: (1) The Lutheran
Home-Finding Society, under control o f the board of charities o f the
Lutheran Church, with headquarters in Minneapolis, Minn.; (2) the
Child-Rescue Society o f the Church of the Brethren, in Kenmore,
N. Dak.; and (3) the State Humane and Society for the Friendless,
in Bismarck, N. Dak,
On September 30,1921, these three agencies had under care 86 chil
dren. Thirty-eight of the children were under 5 years o f age (9
o f these were less than 1 year o l d ) ; 21 children were between 5 and
9; 22 were between 10 and 15; and 1 child was between 16 and 18
years o ld ; the ages o f 4 children were not reported. Within the two
years ended September 30,1921, 24 children had been released. Over
nine-tenths o f the children for whom information on the type o f
care was obtained were committed as permanent wards to these
agencies. Illegitimate birth was reported for 39 o f them.
The place o f birth was reported for 87 of the 110 children who had
been under care at some time during the period studied. Nearly
three-fourths o f this number (64) had been born in the State in
which they were living when received by the agency; 13 were born
in an adjoining State and 7 in a more distant State. Three were
foreign born. When they were received by the agencies 35 children
were under 6 months o f age, 5 were between 6 months and 1 year o f
age, 14 were between 1 ana 4 years, 25 were between 5 and 9 years, 18
were between 10 and 15 years, and 1 was between 16 and 18 years old.
For 12 children age was not reported.
The sources from which the children under care o f these three
agencies within two years ended September 30, 1921, were received,
the reasons for receiving them, and the parental status o f the chil
dren when received are shown on pages 39, 41.
A ll but 16 o f the 110 children under care during the period studied
had been placed in family homes. The records showed one place
ment each for 73 children. These children had been under care for
periods ranging from less than 1 month to 3 years. Nineteen chil
dren had been placed in 2 or more homes (3 in 3 homes and 1 in
7 homes). The supervision had continued less than one year for 6
o f the 19 children, one year for 6, and two or three years for 5. The
period o f supervision was not reported for 2 children.
O f the 24 children released within the period studied, 19 had been
made permanent wards o f the agencies; 10 o f these were under 5
years o f age, 6 were between 5 and 9, and 3 were between 10 and 15
years o f age (the ages of 5 children were not reported). Nine o f the
19 children released were adopted, 7 were transferred to other
agencies, 1 was returned to relatives, 1 died, and 1 married. The
supervision had continued for less than one year for 12 o f these
children (less than one month for 6 of them ), one year for 7, and two
years for the remaining child.

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NORTH DAKOTA AND SOUTH DAKOTA

CHILDREN IN INSTITUTIONS FOR DEPENDENT CHILDREN

The institutions included in this group were St. John’s Orphanage
in Fargo, N. Dak., and the Bethesda Children’s Home in Beresford,
S. Dak.8
On September 30, 1921, 142 children were being cared for by the
two institutions (93 by St. John’s Orphanage and 49 by the Bethesda
Home). During the two years preceding that date 150 children had
been released (140 from the orphanage and 10 from Bethesda
Home). O f the total 292 children under care during the period
studied 10 were reported as o f illegitimate birth, 17 children were
orphans, 162 were half orphans, very few infants or very young
children were received by these institutions. Only 11 children under
1 year o f age were received during the period studied; 90 were
between 1 and 4 years of age when received; 132 were between
5 and 9 years; 49 between 10 and 15; 1 was between 16 and 18 years
old. The ages of 9 children were not reported.
O f the 150 children released from care, 124 were returned to their
parents or relatives; 9 were released to other institutions or agencies;
3 died; 4 were placed in family homes. For 10 children there was
no report. O f these children 112 had been under care a year or
less (54 o f these had been in the institutions less than a m onth);
29 for 2 to 5 years; and 4 for 6 or more years; time under care
was not reported for 5 children.
The sources from which the children were received by the insti
tutions, and the parental status o f the children when received for
care, are shown on pages 39, 41.
CHILDREN IN M A TE R N ITY H O M E S 4

Information was obtained concerning 257 children and girls under
18 years o f age who were being cared for in 6 of the 8 maternity
homes visited during the study (see pp. 10, 12). Illegitimacy was
reported as the reason for receiving 170 of the children.
The Florence Crittenton Home in Fargo, N. Dak., had in its care
15 infants and 15 girls under 18 years of age, including 8 mothers
with their babies, 7 girls under 18 who were not mothers, and 7
babies whose mothers were not included in this study because they
were over 18 years old. During the previous two-year period there
had been released 40 girls who were under 18 years o f age when
received and 72 infants who had been born in the home or had been
received before they were 6 months of age.
O f the 87 infants who had been under care of the Florence Crit
tenton Home at some time in the two-year period all but 2 were
o f illegitimate birth, and all but 6 had been born in the home. There
were 27 unmarried mothers among the 40 girls who had been re
leased and the 15 who were still under care. Ten o f these 27 un
married mothers were 17 years of age when received; 7 were 16
years o f age, 3 were 15, 6 were 14, and 1 was only 12 years of age.
O f the 28 girls who were not mothers 15 had been sent to the home
because they had been delinquent, 6 because they were dependent
* In these institutions there were many children that could not be classed precisely as
“ dependent,” as their families were paying for all or part of their maintenance. Of the
total number of children under care within the period studied, 123 were supported by
their families, 22 by their county of residence, and 138 by the institutions or by others.
* For discussion of maternity homes in the two States, see pp. 10, 12.

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DEPEN DENT AND D ELIN Q U E N T CH ILD REN

or neglected, 1 for medical treatment, and the remaining 6 because
they were, pregnant. One-half o f these girls were received through
court commitment.
Following are the reasons for release o f the 112 girls arid infants
who left the Florence Crittenton Home during the period o f the
study, and the length o f time during which they remained under
care:
Reason for release from
Number of girls
Florence Crittenton Home
and infants
Total______ —
.____________ 112

Time under care of
Number of girls
Florence Crittenton Home
and infants
Total___ _______________________112

G ir ls______ ____ .____ _ _______________

Released to :
Parents— _____________________
Relatives or friends__________
Other agency __________ ________
M arried_________ __________ . „ i—
Became self-supporting_________
Became of age__________
Not reported— .______— - ___ —

19
5
5
1
4
2
4

Less than 1 month____ ____________ 15
1 month, less than 3 months_____
12
3 months, less than 6 months____ 38
6 months, less than 1 year.;_____ 1_ 25
1 year, less than 2 years__________
18
2 years or more__!_______________ __
4

Infants_____________ _____
Released with mother__________
Adopted from institution-___ _
D ie d ______________________________

72
60
2
10

The records were poorly kept in the remaining three maternity
homes in North Dakota from which statistical data were obtained.
Little information was available beyond the number o f children
who had been under care, the name of the mother, the date o f birth
o f the child, the attending physician, and the date o f discharge.
Other social data were given from memory by the women in charge.
At the time o f the study 1 o f the homes reported 6 children under
care and 2 reported 2 each (the other 2 homes visited reported
no children under care). During the preceding two-year period 105
children had been released from care by these three homes. A ll
but 10 o f the total 115 children under care within the two years had
been born in the homes. Eighty-four of them were of illegitimate
birth.
The time under care was not reported for 15 o f the children
released from care; 68 had been in the homes less than a month, 17
between 1 and 3 months, and 5 from 3 to 6 months. The reasons
given for release were as follow s:
Number of
Reason for release
children
T o ta l-_________________ ._____ . 105
Released with their mothers _____
Released to friends ■___,_________
Released to other agency or insti
tution ____ ____ ___________________

79
1

Number of
Reason for release
children
Adopted _____________________ __ ____
8
Died________________________________S3
3
Not reported:____ 1___________ ;______
6

In South Dakota the House of Mercy and the Kenna Hospital,
both in Sioux Falls, had cared for 16 persons under 18 years o f age
within the period studied. Seven o f the 9 girls cared for by the
House of Mercy were delinquents whom the court had placed there
for detention.

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N O R TH DAKOTA AND SO U TH DAKOTA

CHILDREN IN ALMSHOUSES*

Twenty-one children were in the 6 almshouses caring for children
in the 20 counties studied on September 30, 1921; and 85 had been
discharged the two preceding years.6 O f these 106 children 63 had
been admitted with their mothers, and 11 had been born in the
hospitals connected with 2 o f the almshouses. Four children were
reported to be o f illegitimate birth. The maximum age reported for
a child admitted was 16; more than three-fourths o f them had been
under 10 years o f age when admitted, and more than one-half of
these were under 5. The parental status o f the children when
received by the almshouses has been shown in the table on page 41.
The following tables show the ages of the children under almshouse
care on. September 30, 1921; the ages o f those discharged within the
previous two years; and the length o f time during which the children
had been under almshouse care before September 30,1921, or the date
o f discharge:
A g e s o f c h i l d r e n u n d e r a l m s h o u s e c a r e o n S e p t e m b e r SO, 1 9 2 1 , a n d t h e a g e s o f
th o s e r e le a s e d u n th in th e p r e v io u s tw o y e a r s , o n d a te o f r e le a s e

Number of children under alms
house care w ithin two years ended
Sept. 30,1921
Ages on Sept. 30, 1921, or on date of release

Released
within
2-year
period

Total

106

185

12
1
20
32
26
1
14

12
1
19
25
16

Under
care on
Sept. 30,
1921
■ 21
1
7
10
1
2

1Of these children 54 were discharged w ith their mothers (having been admitted w ith them); 9 were
released to relatives, 7 to other agencies or institutions; 2 were adopted, and 1 became self-supporting.
L en g th

tim e

d u r in g

w h ic h

c h ild r e n

had

been

u n d er

a lm s h o u s e

care

b e fo r e

S e p t e m b e r SO, 1 9 2 1 , o r b e f o r e t h e d a t e o f t h e i r r e l e a s e

Number of children under alms
house care
W ithin
two years
ended
Sept. 30,
1921

length of time under care
Total

Sept. 30,
1921

106

61
29
4
2
10

54
20

7
9
4
1

1
10

5 For discussion of almshouse care in the 10 counties studied in each State, see pp. 13-15.
6 The study did not include children who were sent only for medical treatment to the
county hospitals connected with the almshouses.

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DEPEN DENT AND D E LIN Q U E N T CH ILD REN

The following 12 case histories are illustrative o f the types o f
children under care in the almshouses studied by the agents of the
Children’s Bureau:
A father, mother, and six children came to an almshouse, having previously
spent a year there. The father was feeble-minded and could not provide for
his wife and children. Later the case was taken to court, as the parents
wished to surrender their children to a home, and the children were eager to
go. Five children were committed to a child-placing agency. The parents kept
the youngest child (an infant) and soon left the county.

Two boys, 6 and 8 years old, were at an almshouse temporarily until their
mother and stepfather, who were traveling “ show people ” from Canada, could
be located. The children had been abandoned at a boarding home by their
mother, who had promised to send $16 a week for their board. After a month
had passed and the mother had not returned nor sent any money, the police
woman and the juvenile commissioner, at the request of the manager of the
home, sent the children to the county almshouse. Soon after this the mother
sent a part of what she owed to the boarding home. The county commis
sioners were reported to have secured information of her whereabouts and
expected to return the children to her.

A widow with four children was earning $25 a month as housekeeper. Her
oldest son was working away from home but was not contributing to the family
support; a second son was in the State training school; a 16-year-old daugh
ter and a 6-year-old son lived with the mother at her place o f employment.
Losing her position, the mother placed the 6-year-old boy in an almshouse.
In a little over a month she obtained a position where she could have him
with her. A t the time of the agent’s visit the mother and the 2 children were
keeping house in 2 rooms over a store 2 doors from the restaurant where the
mother was employed as a cook at $14 a week. The girl was helping her mother,
and the boy, then 7 years old, was attending school in the second grade.

A 7-year-old girl, whose parents were divorced, was left by her father with
the policewoman and was unsuccessfully placed in two fam ily homes. The
maternal grandparents had attempted to care for the child for some time after
the parents’ separation. It was reported that the girl was “ too rough ” to be
cared for in fam ily homes and she was sent to the almshouse because there
was no other place for her. After two years in this institution she was com
mitted to the State training school until majority, on the charge of delinquency
and neglect. An older sister had been in the State training school for two
years. The father was alcoholic, and the mother had been arrested several
times, and both were reported to be degenerate.

An unmarried mother, who had received confinement care at
hospital, remained at the almshouse eight months after the birth
in order to pay for her care. When the child was a month old
boarded him for a month in a fam ily home, then released him
placing agency for adoption.

the county
of her baby
the mother
to a child

A mother with nine children from 1 to 16 years o f age came to a county
almshouse because she was unable to provide for her family. After two years
she took the children away and made another attempt to become self-supporting,
only to return the following year. One 15-year-old daughter did not return, as
she had obtained work and was supporting herself.

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F O R T H DAKOTA AHD SO U TH DAKOTA

Through the efforts of the city commissioner of the poor two little girls
6 and 7 years old, found living over a café with their father, were taken to
an almshouse. They had been running the streets most of the time and were
not receiving proper care. The parents had separated, and the four children
had been in a private boarding home for a short time. The youngest two
had been provided for in permanent homes, but the two others had been
returned to the father. Though mentally deficient h e . was able to earn his
living by driving an automobile. The mother came from a family with a
poor reputation and was on the streets most of the time.
A t Christmas the parents began to live together again, and at their
request the two children were returned to them.
In a month they had
separated once more, and the children were sent back to the almshouse. That
they would remain there was almost certain, since the parents would not
surrender them for adoption. A paternal aunt would have taken them, but
her income was not considered sufficient to warrant her assuming the care of
these two children in addition to her own family.

The commissioner in one county, although opposed in general to committing
children to almshouses, had placed a 12-year-old boy in the county almshouse
pending the finding of a suitable fam ily home. A t the time of the study
the child had been in the almshouse a year and a half. The father was dead
and the mother had deserted, leaving three children. The caretaker of the
almshouse and his wife were very kind to the boy and treated him quite as
their own. He ate at the fam ily table and was kept as much as possible
from the parts of the building where the older inmates lived. Although he
had to walk 4 miles in order to attend school the records showed that his
attendance had been very regular. Out of school hours he did farm work
and chores to help pay for his board. The commissioner was satisfied that
the boy had as good a home as could be provided under the circumstances.

Another 12-year-old boy who had been living in the same almshouse 1 y 2
years had been taken away by his uncle on the day prior to the agent’s visit.
His father was dead, his stepmother was old, feeble, and financially unable
to care for him, and the commissioner had placed him in the almshouse until
arrangements could be made for his permanent care. The boy’s uncles were
communicated with, and one of them consented to take him to his own home
in a distant State, provided the county paid half the expense of travel.
The boy was in the fifth grade of school but on account of poor health had
attended very irregularly and had missed about two-thirds of the term.

A woman and her three children, between 2 and 5 years of age, had been in
this same almshouse six months during the previous winter. The father of the
children had deserted and left the mother without means of support. In the
spring the fam ily returned to the city, and the mother was given help by the
county.

A mother who had left her husband and filed a petition for divorce was
working in a steam laundry but was unable to support her two children and
applied to the county for aid. The policewoman found that the younger
boy was being boarded but that the mother and an 8-year-old son were doing
light housekeeping in one room. This boy was sent to an almshouse; but in
about 10 months his father, who had remarried after the granting of the di
vorce, asked that the son be given into his care and the request was granted.
After nine months the policewoman brought the case before the juvenile court
on a charge of neglect. She had found the boy in a box car about midnight
afraid to go home because the stepmother Whipped him. The court awarded
the boy to his mother, who had remarried and who was anxious to have him
because her husband was willing to support him. The boy remained with his
mother for six months and was then sent to a private school.

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D EPEN D E N T A N D D E LIN Q U E N T CH ILD R E N

Three children, aged 2, 9, and 11 years, respectively, whose mother had died
four months before the visit of the Children’s Bureau agent, were living in the
outskirts of the town in a one-room shack with their father, who was employed
in a near-by lumber yard. The oldest brother worked on a farm and was selfsupporting ; two other brothers who had been in the State training school on
delinquency charges were not living at h om e; the oldest sister was married,
but her family was continuously in w a n t; the juvenile commissioner made
investigation and found that the two older children were attending school but
that the 2-year-old child was locked in the shack with the dog during the
father’s working hours. The commissioner, determining the children to be neg
lected, placed them in the county almshouse. After three months they were
returned to the father on the condition that his married daughter should come
and care for them. The married daughter, with a fam ily of her own to care
for, failed to look after the three small children who were living with their
father in two rooms in another part of the house which they had rented. The
policewoman investigated the conditions under which the fam ily were living,
and eight months from the time the children had left the almshouse they were
returned to it by a court order which placed them under the guardianship of
the policewoman. Later the oldest child was placed in a free home. The
other two children, who at the time of the visit of the Children’s Bureau agent
had been at the almshouse two years, were attending the one-room rural school
near by. The father, who worked on farms during the summer and obtained
employment irregularly as a laborer during the winter, visited the children
frequently. He claimed that he had clothed them during all their stay at the
almshouse. He had a very poor reputation, as his associates were of question
able character.

CHILDREN RECEIVING AID IN THEIR OWN HOMES

Information in regard to dependent children receiving aid in their
own homes, obtained from 50 counties in North Dakota and 54
counties in South Dakota, showed that on May 1, 1921, 87 o f these
104 counties’ were giving such assistance. The total number of
families reported as receiving aid on that date was 1,168 (619 in
North Dakota, 549 in South Dakota), and the number of children
benefited was 3,396 (1,808 in North Dakota, 1,588 in South Dakota).
The following tables show the number of counties in North Dakota
and South Dakota in which the specified numbers o f families were
given aid in their own homes, the causes of dependency in the fami
lies aided, and the number of children for whom aid was received,
by ages o f the children:
N u m b er

c o u n tie s

N o rth

n u m bers

D a k o ta
of

and

fa m ilie s

S o u th

w ere

D a k o ta

g iv e n

N um ber of counties
reporting the giving
of aid
Number of families
aided in county

In
Total North
Dakota

In
South
Dakota

Total counties reporting aid given.

1 fam ily__________________
2 families________________
8 families________________
4 families_____ ___________

4
4
5
4

2
1
1
1

2
3
4
3

w h ic h

sp ec ified

N um ber of counties
reporting the giving
of aid
Number of families
aided in county

5 families________________
6 families, less than 11___
11 families, less than 16—.
16 families, less than 21__
21 families, less than 2 6 ...
26 families, less than 51—.
51 or more fam ilies______

1Aid to 98 families was reported in this county in South Dakota,

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Federal Reserve Bank of St. Louis

a id

In
In
Total North
South
Dakota Dakota
5
23
16
11
6
7
2

3
13
5
9
3
4

2
10
11
2
3
3

»1

FORTH DAKOTA AND SOUTH DAKOTA

C a u s es o f d e p e n d e n c y in th e fa m ilie s a id ed in N o r th D a k o ta a n d S o u th D a k o ta

Number of families
aided
Cause of dependency

North South
Total Dakota
Dakota
Total families______

1,168

619

549

Mother widowed_________
Mother deserted_________
Mother divorced._______
Mother unmarried_______

898
38
65
2

457
37
23
2

441
1
42

N u m b er

c h ild r e n

fo r

w hom

a id

w as

North South
Total Dakota
Dakota
Husbands physically incapacitated or mentally

r ec e iv e d

N o rth

35
11
119

D a k o ta

11
4
85

and

24
7
34

S o u th

D a k o ta , h y a g e o f th e c h ild re ti

Number of children for
whom aid was received
Ages on M ay 1,1921

North South
Total Dakota
Dakota
Total children______ 3,396
Under 4 years____________
4 years, under 7 years____

338
553

1,808

1,588

203
331

135
222

North South
Total Dakota
Dakota
7 years, under 10 years____
10 years, under 14 years___
Not reported_____________

634
756
127
988

361
413
14
486

273
343
113
502

In connection with the age limitation in the North Dakota law
(14 years) an analysis was made o f the number of children between
14 and 16 years of age as compared with the children under 14 years
of age in 205 families for which this information was available. It
was found that 603 children in these families were under 14 years of
age (190 were from 10 to 13, 184 were from I to 9, 141 were from 4
to 6, and 88 were under 4 years of age) ; 85 children were 14 years
of age or over.
The monthly grant per family ranged from $Ì0 to $55 in the 87
counties which furnished information. In 45 of them it ranged
from $25 to $34.99. The average for North Dakota was $30.84 per
family and $10.56 per child; for South Dakota, $21.60 per family
and $7.47 per child.
The following tables show the average monthly grant per family
and the monthly allowance per child in the two States :
A v e r a g e m o n t h l y g r a n t in f a m ilie s r e c e i v i n g a id f r o m
a n d S o u th D a k o ta

c o u n tie s in N o r th D a k o ta

Number of counties
reporting
Average monthly grant
per fam ily

North South
Total Dakota
Dakota

Total_______________

$10, under $15____________

2
11
16
27

1
11
12
13

$25j under $30____________

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4
14

Number of counties
reporting
Average monthly grant
per fam ily

$40i under $45—. . ______ __
$50j under $55______
$55..........................................

North South
Total Dakota
Dakota
18

1
2
1
i

2
i
i

4
1

DEPENDENT AND DELIN’QtTEEFT CHILDREN

A verage

m o n th ly

a llo w a n c e o f d e p e n d e n t c h ild re n r e c e iv in g
h o m e s in N o r th D a k o ta a n d S o u th D a k o ta

Number of counties
reporting
Average monthly allow
ance per child

North South
Total Dakota
Dakota

Total- ____ ______ ,

$2.50, under $5.00_________
$5.00, under $7.00_________
$7.00, under $9.00_________

2
12
21

4
6

2
8
15

a id

th e ir

ow n

Number of counties
reporting
Average monthly allow
ance per child

$9.00, under $11 00
, ujLILIu i tp iti.u ii ____
$13.00, under $15.00
$15.00...............................
uu.j.1 \j\j

North South
Total Dakota
Dakota
24

4
2

The officials of 58 counties in the two States complied with the
request for information regarding the number of families having
any income in addition to the grant made by the court, and fairly
complete data were furnished by 40 counties. In 20 o f these counties
there were families having no other income than the mothers’
pension. O f the 327 families covered by the reports 79 (or 24 per
cent) had no other income than the mothers’ pension, and 76 per
cent had other income.
CHILDREN DEALT WITH BY JUVENILE COURTS

The jurisdiction of the juvenile court in both States included
dependent and neglected children under 18 years o f age.7 As no
differentiation was made between dependency and neglect in the
records it was not possible to obtain accurate data for the two
types o f cases separately, and in this analysis both groups have
had to be considered together.
_ In North Dakota the number of children who came to the atten
tion o f the juvenile courts because o f dependency or neglect was
ascertained for the 10 counties especially studied and for 25 others
from which information was obtained from the juvenile commis
sioners. In 9 of these 35 counties no cases o f dependency or neglect
were reported by the juvenile court. The replies to questionnaires
from other counties of the State did not indicate whether the
juvenile court handled cases of dependent children. The juvenilecourt records studied and the reports of the juvenile commissioners
in 26 counties gave a total of 217 dependent and neglected children
dealt with during the year ended September 30, 1921. O f these
children 185 (85 per cent) were handled entirely by the juvenile
commissioners. Only 18 children were referred by the commis
sioners to the judge for formal hearing, and only 14 cases were
reported as heard only by the judge.
The 217 children were from 112 families. One dependent child
was reported for each o f 71 families, 2 for each o f 18 families, and
3 for each o f 9 families. The number o f dependent children in 10
other families ranged from 4 to 6; and in the remaining 4 families
there were from 7 to 10 children. The following lists show the
status o f children under 18 years o f age dealt with by the juvenile
courts o f 26 counties in North Dakota on charges of dependency and
7N.

Dak., Comp. Laws 1913, sec. 11402; S. Dak., Bev. Code 1919, see. 9972.

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NORTH DAKOTA AND SOUTH DAKOTA

neglect within the year ended September 30, 1921, and the disposichUdran ■&
cour^s
the cases o f these dependent and neglected
Status when dealt with
by juvenile court
Total__________

Number of
children
-------- 217

Child with both parents— ________ 39
Child with one parent______________ 127
Mother unmarried___________
Father dead or deserted____
Mother dead or deserted____
Father absent for other rea
son __________________________
Mother absent for other rea
son ---------------Disposition made by
juvenile court
Total______

Status when dealt with
Number of
by juvenile court
children
Child with parent and step
21
parent ___________________________
Child with neither paren t________ 39
Both parents dead___________
One parent dead, other ab
sent________________________
Child not with parents for
other reasons or reason not
reported_____________________

17
20
43
28
19

Number of
children
-------- 217

Temporary care provided________

In home of relatives_________
In family home_____ _________
W ith a child-caring agency—
In boarding homes_________

1
3
11
12

3
20

Not reported_________________
Disposition made by
juvenile court
Final disposition m ad e1

Number'of
children
- - - - - 172

Left in own home________
93
Placed in fam ily h om e_____ I I 29
• Placed
with
child-caring
agency_______________________ 22
Placed with otherrelatives—
15
O th er______________________
23
Not reported____________________

• The following^table shows the ages o f children dealt with by the
juvenile courts o f 26 counties o f North Dakota on charges of depend
ency or neglect within the year ended September 30, 1921:
**
c h ll(lr j e n

d e a lt

w ith

th e

ju v e n ile

co u rts

8 0 , k1 9 2 1 ° il C h a r g e s ° f d e P e n d e n c y o r n e g l e c t w i t h m

c o u n tie s

N o rth

th e y e a r en d ed S ep tem b er

Children dealt w ith by the juvenile
neUlect°n charges of dePendency and
Ages when dealt with by the courts
Total

Boys

Girls

Total children . .
1 year, under 7 years..
7 years, under 14 years
14 years and o v e r........
Age not reported.......

........................................
..............................
...........-*-

7
13

Not re
ported
whether
boys or
girls

5
20
24
13
28

1
1
3
2
17

hem ana neglected children before the South
Dakota courts very little information was obtained. In 4 o f the 10
counties especially studied the courts had declared 50 such children
^ “ placed tem norarflv
P io u s ly been provided ; 7 chilhoine^l^etur^^to^tmir^arMte^and^sent
P^cedUpCTmanently V( 3 in fam ily
placed
n r ^ n a i ^ i l ^ ^ i ^ c ^ ^ ^ i ^ ^ ^ ^ ^ ^ ^ ^ ^ P ^ ^ a n e n t ly ^ a c e ^ t h r o u g i i ^return1" to fath er
permanently fs to"other f a m i l y t h e
mothers,Tto thfflth er
placed
nently°(I sTmfto I h e f Ä s a f t ^ o T s S ) . ^ relaliTes Were later ’placed perma-

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DEPENDENT AND DELINQUENT CHILDREN

(from 41 families) to be wards o f the juvenile court within the year
ended September 30, 1921. O f the 38 children who had been de
clared dependent in one o f these counties 9 IT were o f illegitimate
birth and had been surrendered for adoption prior to 6 months of
age.
CHILDREN WHO WERE PERMANENTLY REMOVED FROM THEIR
HOMES

As a part of this study special consideration was given to the
children who had been removed permanently from their own homes
or from the custody of their mothers. These children had been de
prived o f normal home life because of poverty or misfortune, or the
circumstances o f their birth, or neglect or mistreatment by their
parents.
The children born out of wedlock came to the agencies’ care usually
in early infancy; with few exceptions these children had never had
homes o f their own. This group is not included in the present dis
cussion, but facts concerning such children are presented in a sep
arate section o f this report (see p. 63).
Permanent removal of children from the custody o f their parents
was effected through order of the juvenile court, action o f the county
commissioners, or surrender by parents or persons standing in the
place of parents.10 In cases of neglect (usually reported by inter
ested neighbors or town officials) the juvenile court, if it found the
parents to be unfit guardians, either permanently removed the chil
dren from their parents or committed them to a child-caring agency
pending return to the care and custody o f the parents when home
conditions should make this possible.
NUMBER OF CHILDREN AND NUMBER OF FAMILIES FROM WHICH THEY WERE
REMOVED

For 135 children who had been permanently removed from their
homes in the two States data were obtained through visits to parents
or other relatives (when they could be found), court officials and
county officers, and the heads o f child-caring institutions and agencies
which had assumed care of the children or which had removed them
from their homes and obtained parental surrender in order to permit
placing for adoption. The number o f families represented (62)
was not large, but the conditions ascertained may be considered
fairly typical o f those surrounding the whole group of children who
were received under agency care because both parents had shifted
their obligations, because one or both parents had been deemed
unfit, or because a parent left alone had been unable to care for the
children (see p. 40). O f the 135 children, 58 (43 per cent) were
half orphans, the mothers of 25 and the fathers o f 33 having died.
9 A considerable number of these children o rig in a lly came from other counties in various
p arts of the State. The secretary of the w elfare organization in the p rin cip al c ity of the
State suggested th a t th is county, w hich w as large and rath er densely populated, had more
than its proportional share of dependency because dependent fam ilies n a tu ra lly sought a
c ity where they believed they could obtain employment or where they would have oppor
tu n ity to obtain aid . I t is also doubtless true th a t in th is county, where the ju ven ile
court w as w ell organized and there was a w ider knowledge of its w ork, there came to the
attention of the court some cases w hich would not have been referred fo r court action
in other counties of the State.
10 See page 58. F o r 1923 leg islatio n on the tran sfe r of the custody of child ren, see
Appendix A , p. 111.

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N O R TH DAKOTA AN D SO U TH DAKOTA

HOME CONDITIONS AT TIME OF REMOVAL

In 8 o f the 62 families the children had been removed from the
custody o f both parents; the parents in 6 o f these families were
found to be unfit guardians; in 2 they were unable to provide proper
care (in 1 family the mother was insane and the father was an unfit
guardian, and in another both parents were bad-tempered and
abusive deaf mutes). In 26 families the children were living with
the mother at the time o f removal. The fathers in these families
were dead (9 instances), in the penitentiary (2 instances), or had
deserted, or were divorced or separated from the mothers. Eleven
mothers in these same families were reported unfit guardians, 13
were unable to provide support, 1 was insane, and 1 did not want
her child. In 18 families the children removed had been living with
their fathers. The mothers were dead (13 instances) or insane
(2 instances) or had deserted. In these families 6 fathers were unfit
guardians, 11 were unable to provide proper care, and 1 father was
unwilling to care for his children. In 4 families there were step
mothers, 1 being an unfit "guardian, 2 cruel and neglectful, and 1
stepmother unable to give proper care because the father had died.
There were 3 instances o f removal o f children from grandparents
who were unable to provide proper support, both parents having
previously deserted, or 1 parent having died and the other deserted.
In 2 instances children were removed from foster parents who
were unfit guardians, and in 1, from foster parents who were un
willing to provide support, inasmuch as the children’s own mother
was causing trouble.
Investigation o f the character o f the parents o f the children re
sulted in obtaining information concerning 34 fathers and 38
mothers. Undesirable characteristics were reported for all except
1 or 2 o f the fathers. Six fathers were immoral (including 2 who
were also intemperate); 8 others were intemperate; 3 had been in
the penitentiary and 1 other had a court record; 3 were mentally
defective, in addition to being immoral, intemperate, or incompetent;
2 were insane. Others having unfavorable characteristics were
designated as degenerate, brutal, shiftless, lazy, bad-tempered, or
unreliable. The characteristics reported tor all except 4 mothers
were similarly undesirable. Fifteen mothers were reported to have
been immoral or were known as prostitutes (1 of the 15 also was
intemperate, 1 gambled, 2 were neglectful, and 4 were mentally
defective); 2 other mothers were mentally defective and 5 were
insane; 3 mothers were not interested"in their children, and 1 was
neglectful. In the case o f one mother, two older sons had left
because they were disgusted with their mother’s conduct. The other
mothers reported as having unfavorable characteristics were desig
nated as cruel, untruthful, incompetent, or bad-tempered.
HOME CONDITIONS AT TIME OF INQUIRY

A t the time o f the Children’s Bureau study a further inquiry was
made regarding the status at that time o f the 62 families from
which children had been removed. Both parents in 1 family were
dead; both parents o f another were in the State penitentiary; in 2
families nothing was known o f the whereabouts or both parents; in
2 families the parents were divorced; both parents o f 1 family were

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DEPENDENT AND DELINQUENT CHILDREN

in the almshouse. Nine fathers were dead, 1 father was in the peni
tentiary, 1 father had left the State, 2 fathers had deserted, 1 father
was an imbecile, and another father was rooming in poor quarters,
and the mothers in these 15 families were dead or insane, had left
the State, or were working and unable to provide homes for the
children.
Eight fathers were maintaining homes; 2 o f these were living on
a farm (1 had 1 child with h im ); 1 in a one-room shack; 1 father
was boarding and had his 2 boys with him; another had a house
keeper o f doubtful reputation, with 2 legitimate and 2 illegitimate
children with her (2 of the father’s children were also in the hom e);
the parental grandparents were keeping house for 1 father (a wid
ower) and 3 of his children; the kind of home maintained by 2
fathers was not reported although it was known that 1 had one o f
his children with him and 1 was raising another family. '
Six mothers were maintaining homes; four o f them were work
ing to keep up the home for the children who remained with them
but could not assume responsibility for their other children. One
o f these mothers was divorced, and the husbands o f the others were
dead or had deserted.
The parents were living together in four families (in one case
the home was in another State, one mother was o f doubtful repu
tation) . In 10 families a parent and a step parent were in the home.
In one family in which a mother and stepfather were in the home,
the father had also remarried and was maintaining a home. The
mother had one chjld with her. There was no information regard
ing 12 homes, and it is probable that most o f them had been com
pletely broken up.
MANNER OF REMOVAL

Forty-three per cent o f the children were removed from the control
o f their parents or guardians through court order, and 2 per cent
had been removed by county commissioners; 22 per cent were re
ceived by child-caring agencies through surrender from the mother,
19 per cent through surrender from the father, and 9 per cent from
both parents; and 4 per cent were removed from grandparents, step
parents, or foster parents. There was no report o f the source from
which 1 per cent o f the children were received by child-caring
agencies.
About 67 per cent o f the 135 children had been under the care o f
an institution or agency prior to their final removal from the custody
o f their parents or guardians. The institution or agency finally re
ceiving them had previously given many o f them temporary care or
attention.
AGES OF CHILDREN

Eighty-two per cent o f the children o f illegitimate birth received
from their mothers into the custody o f child-caring institutions and
agencies (discussed in a later section o f this report) were under 1
year o f age at the time o f surrender. Only 4.4 per cent o f the 135
children o f legitimate birth found to have been thus surrendered
from the 62 families investigated were under 1 year' o f age at the
time o f surrender; and less than one-half were under 7 years o f age.
The ages at time o f removal o f the 135 children were as follows:

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N O RTH DAKOTA AND SO U TH DAKOTA
Ages at time
Number of
of removal
children
Total____ 1___________________ 135
Under 1 year------------------------ 1_____
]*year, under 3 years-.______ - _____
3 years, under 7 years___________ _

6
15
39

Ages at time
Number of
of removal
children
7 years, under 11 years___________
49
11 years, under 15 years__________
21
15 years___ 11________________ J_____
3
2
Age not reported___ ____ ___________

The following case stories are illustrative o f the types o f homes
from which children were permanently removed:
Shortly before the birth of her third child a mother left the father because
he mistreated her. She took a 4-year-old Child with her to her parents’ home
and left a younger child with the father. The mother died at the time of her
confinement, but the baby lived. For almost two years the grandparents cared
for this infant and the other child thus left in their charge. Then the grand
mother became pregnant. Being financially unable to provide longer for these
two grandchildren the grandparents gave them into the care of the State
children’s home society. The agent of this society tried to prevail upon the
father to support the children. He refused to do so and surrendered the chil
dren to the society, which placed both of them in foster homes.

The juvenile court removed five children from a feeble-minded mother whose
husband had been dead about six months. The mother not only led an im
moral life herself but forced two of her daughters to do likewise, “ for any
amount from 25 cents up.” The oldest girl, not quite 15 years of age, was
pregnant. Although all five children were of school age, none was in school
at the time of the study. The home was filthy, and the children did not have
sufficient food or clothing. The father had had a court record for theft, had
never provided well for the family, and during some months before his death
had been unable to work. For about three months before the children were
removed the mother had been drawing a mothers’ pension of $20 a month. A
previous attempt to remove the children had been unsuccessful. The court
sent four children to the children’s home society, and the pregnant girl to
a rescue home.

The juvenile court removed five children from their home because their
mother was not able to provide for them, and sent them to the children's
home society. The father was in the State penitentiary. He had previously
been employed in a lumber camp but was said to be so lazy that he had earned
very little. The paternal grandfather, who worked in the same lumber camp,
had been contributing to the support of the family. The children were bright
and apparently normal, and the mother was reported to be “ good and very
industrious.” There was no record of her receiving a mothers’ pension after
her husband had been sent to the penitentiary. The youngest child was
returned to the mother la te r ; but the four other children were in fostef
homes at the time of the Children’s Bureau study, and one of them was known
to have been adopted.

8 1 4 6 1 °— 2 6 - — 5

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DEPEN DENT AND D ELIN Q U E N T CH ILD REN

granting relief, and the mother was also in receipt of a mother’s pension.
Neighbors had finally made formal complaint and the mother was taken
before the insanity board, which declared her insane. The two younger
children were given into the custody of the children’s home society and
placed in foster homes as the two older children had been.

A family of nine children was cared for by the paternal grandparents for
nearly a year following the death of their mother.
When the father re
married they returned to his home. The father went to work in the woods
of the Northwest shortly after his remarriage but sent no money home, and
the stepmother was unsuccessful in her efforts to support the family by taking
in washings.
She was also reported to have whipped the children cruelly
without cause. The court removed six children from the home, as being “ in
peril o f health and morality by cruel and bad treatment by the grave mis
conduct of their said father and stepmother.” The father later returned to
the neighborhood for a short time but did not live with his wife, and he
went W est again,; where he was reported to have remarried sometime before
the death of the stepmother, who had worked as a domestic after being re
lieved of the care o f her stepchildren. Although she had never appeared to
have much money, the stepmother left, at her death, an estate of $2,300.

Two little girls whose mother was dead were removed from their father by
the court on the charge that the father had not money enough to educate them
and had failed to send them to school. The case was reported by a juvenile
officer who was investigating the cause of the children’s nonattendance. For
a year they had not attended school but worked on the farm which the father
rented. The father was reported to be a man o f violent temper and had not
provided adequate or proper food, clothing, or a fit home. The children slept
in the barn, where horses and cows were kept, in a room with one window
devoid of glass or other protection. The children were insufficiently clothed
and very dirty. The county paid for the maintenance of the children for one
year at an orphanage and at the end of that time ordered that they be placed
in free homes for adoption.
The mother o f eight children was violent, intemperate, and lazy, allowing
the family to live in squalor and filth, and was regarded as insane. The
father was said to have had one of the best farms in the district when he be
gan farming, but he became alcoholic, failed with the farm, and was obliged
finally to give It over to his brother and move out of the State to a tenant
farm. The children were not sufficiently clothed or fed, and the older ones
were in the habit of begging food. An uncle to whose house, about a mile
distant, they went for milk, sought to have the children removed from the
parents by court order, on the ground that the parents were neglecting them
and the home was unfit. Seven of the children were committed to the chil
dren’s home society for placement for adoption, the mother being allowed to
keep the 10-months-old baby.
The mother of four children had recurring periods of insanity every two or
three months and was finally taken to the State hospital for the insane. The
oldest girl and the father tried to keep the home together for a while. The
father was almost blind and unable to care for his family. A neighbor cared
for the youngest three children until the father released two of them— little
boys— to a child-caring agency for adoption, after which she adopted the
youngest child. The oldest girl remained with her father for awhile but was
later placed in an orphanage. The father then disappeared.

Four children were surrendered to the State children’s home society by the
mother less than a year after the father’s desertion. The mother was re
ported to be a prostitute, and although the father was described as “ thor
oughly bad,” he was considered to be of better character than she. The
oldest child, a boy, was placed three times before he found a permanent

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N O RTH DAKOTA AND SO U TH DAKOTA

home. A s soon as he became old enough he joined the United States Navy.
At the time of the study (he had passed his m ajority) he was serving a term
in jail. One of the girls did not* stay more than a few months in any of
the eight homes in which she was placed. She was even returned to the
agency from a home into which she had been legally adopted. Finally, she
was placed in the House of the Good Shepherd located in a city of a neighbor
ing State.
A family of 10 children had been left in the care of their worthless father.
The mother had frozen to death. The house was a mere shack, bare and dirty,
and the children were badly neglected. The father did practically nothing,
and the two or three older children who were employed were unable to, sup
port the entire family. The younger children attended school irregularly.
Neighbors did what they could for the family, but conditions were too hope
less to be coped with successfully in this way, and the family was finally
completely broken up. No certain traces could be found at the time of the
study of most of the children. It was known that two of them had been sur
rendered by the father to the children’s home society and placed in foster
homes, where they remained until they became of age. One of the younger
children had been sent to an aunt in another State, and one of the older boys
had been killed. It was believed that the youngest child had died, and that
one of the girls had married.
Nine months previous to the time of the study a 6-year-old boy was removed
by the juvenile court from the foster home where he had been left by his
father, and committed to the children’s home society. The home in which he
had been living was a tar-paper shack, and the foster mother was a little,
old, crippled fortune teller, many years the senior of her husband. The family
income was almost entirely dependent on the fortune-telling business, which
was usually very poor. The old woman received some aid from a welfare
society, but she was really a beggar. She was known to be immoral, and was
syphilitic. Her husband was said to have deserted, but to have returned when
he was sick. The boy had been kept out of school to do the housework and
cooking and to wheel the foster mother about. Just before he was removed
she had become angry and had cut a gash in his heel by throwing a butcher
knife at him.
A 4-year-old girl and two older children were surrendered by their mother
for adoption because the father had deserted her and she was not able to care
for the children. Being a migratory laborer she found it too difficult to carry
the children around from place to place. She earned her living by hiring out
as a cook to the thrashers, and had followed the gang north from one of the
Southern States.
The mother of three boys died of the influenza after giving birth to a
fourth child. The mother had had no use of her legs since the birth of her
first child, who was a cripple as the result of congenital syphilis. The father
had been brutal to his wife and supported a woman of low character. The
mother’s relatives were unable to care for the children, and they were placed
out for adoption, with the exception of the crippled child. This boy was
taken by his father to his paternal grandmother, where he remained nine
months. A t the time of the study he was in a private school where he was
being supported by his father.
The mother of a little girl had died nine years before the father surren
dered the child to a child-caring agency. An older daughter had been the
housekeeper, but when she married there was no one to look after the home.
The father had irregular employment as a day laborer, and was not earning
enough to employ a housekeeper. The child was indentured, but after being
placed twice she returned home. She became delinquent, and a charitable
organization placed her in a home for delinquent girls.

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D EPEN DEN T AND D ELIN Q U E N T CH ILD REN

A case of extreme cruelty and neglect involved six children. They were
all taken away from the parents, who were sent to the State penitentiary
for 25 years on the charge of brutally beating to death one of the children.
The father was a heavy drinker and so brutal to the children that they
were all afraid of him.
It was said that the mother, who had had 14
children, tried to starve 2 of the 7 who were then living. All the children
were terribly neglected and undernourished.
The oldest boy had rickets
and could not walk until he was 3 years o ld ; then he became paralyzed
in both legs and was helpless. He had never been sent to school, and for
weeks at a time he was shut in the garret where he could not be observed
by the neighbors. Although everything possible was done for him when the
child-caring agency took him, he died 11 months later. The mother appeared
to have an especial hatred for one of her children because the girl had told
her father of her mother’s improper conduct with another man, and when
ever the father was angry at his wife he made the child relate the story
before the mother and anyone else who might be present One morning the
mother found this girl in bed later than usual and beat her with a stick
until the father came into the room. The next day the mother dealt her
a blow with a cracker box and threw her out of doors into the cold, where
the father found her dead. One of the boys had all the toes of one foot
and the big toe of the other foot frozen off as he stayed out of the house in
the cold, unwining to go in because he feared he would be beaten on account
of a mishap.

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CHILDREN BORN OUT OF WEDLOCK
CHILDREN OF ILLEGITIM ATE BIRTH AMONG W A R D S OF AGENCIES
A N D IN STITU TIO N S

North Dakota and South Dakota were not included in the birthregistration area at the time of the study (North Dakota was
admitted in 1924), therefore adequate data relating to the number
o f illegitimate births were not available. The only index o f the
extent o f the problem o f illegitimacy that this study attempted to
obtain was its prevalence among dependent children under the care
of agencies and institutions. The figures indicate that more than
one-third o f the problem o f child dependency in these two States
was attributable to the more complicated problem of illegitimacy.
Illegitimate birth was reported for 340 children (36 per cent) out
of a total o f 941 recorded as under care o f the institutions and
agencies on September 30, 1921. The institutions and agencies had
received.for permanent care 266 (18 per cent) o f these 340 children,
and for nearly nine-tenths of the 266 children the mother herself
had signed the transferring document. Most o f these children came
into the care o f the agencies in early infancy, and few had ever had
homes with their own kindred. Strangers had assumed their custody
because their fathers had evaded their obligations to provide support
and the mothers were unable to care for them without assistance or
were unfit guardians.
The records of agencies and institutions furnished information
regarding the ages of 208 mothers at the birth o f the child. Almost
one-sixth were under 18 years of age. The following list shows the
ages of the mothers :
Age at birth
Number of
of child
mothers
Total m others_______________ 208
Under 15 y ea rs_____ ____________
15 years, under 20 y ea rs_____ ____
15 years* under 1 6 ___________
16 years, under 1 7 ___________

4
65

Age at birth
Number of
of child
mothers
15 years, under 20 years— Contd.
17 years, under 1 8 __________
12
18 years, under 1 9 __________
18
19 years, under 2 0 __________
18

7
10

20 years, under 25 years_________
25 years and over_______L_________

96
43

The occupations reported for these mothers were as follow s:
•
Number of
Occupation
mothers
Total mothers_____ t_________ 208
Domestic servants and house
keepers— ____ ____________________
Waitresses and other hotel and
restaurant workers— __________

Number o f
Occupation
mothers
12
Teachers_________________________
Clerks and stenographers_________ 12
Other occupations_________________
15
No occupation, school girl_________
5
Not reported-._____________________
92

As has been stated, most of the children for whom information
was obtained had been received by the agency or institution through
releases signed by the mother; very few children were committed
through court, A law passed in North Dakota in 1919 made it
unlawful to separate a child under 6 months of age from the mother,
63

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dependent

and

d e l in q u e n t

c h il d r e n

except upon her written consent.1 The enforcement o f this law
was vested in the juvenile court which investigated any cases of
violation reported to it. The exception destroyed the effectiveness
of the act and even seemed to place the sanction of the law upon the
custom o f receiving children through parental release instead of
upon commitment by a court or other authorized public agency.2
Nine-tenths of the 318 infants received without their mothers
had been separated from them at less than 1 year of age, and more
than four-fifths o f them had been separated at less than 6 months
o f age. The ages of the children at separation were as follows:
Ages at
Number of
separation
children
Total children-______________ 318
Under 6 months_____________________ 255
6 months, under 1 year___________
24
1 year, under 2 years______________ 13

Ages at
Number of
separation
children
2 years,
under 3 years__________
5
3 years,
under 4 years____________
1
4
4 years,
under 5 years___ :________
5 years,
under 10 years__________
8
Not reported________ 2 ________ i_____
8

To safeguard the lives of the infants the children’s home societies
refused to accept any under 1 month o f age. These agencies en
couraged the mothers to release the children after this age in order
that they might be adopted into normal homes and given better
maintenance and educational advantages than the mothers usually
were able to provide, and that the mothers might have a better
chance o f self-support and marriage. Care in a maternity home
that permitted the surrender o f the infant for adoption after a
month enabled an unmarried mother to conceal her motherhood
apd thus avoid social stigma as well as the responsibility of caring
for her child. As has been stated, the Florence Crittenton Home
in Fargo, N. Dak., and the House of Mercy in Sioux Falls, S. Dak.,
attempted to keep the mothers and infants together not only for six
months but permanently if it appeared desirable. The Florence
Crittenton Home required a mother under 18 years of age to remain
in the home a year, and a mother over 18 years to remain for six
months, unless she returned to her parental home with the child.
But many mothers who took their babies home, soon released them
to child-placing agencies.
THE ILLEGITIM ATE BIRTHS IN 20 COUNTIES

The county in which Fargo, the largest city in North Dakota, is
located had a larger number o f illegitimate births than were recorded
for any other o f the counties studied. Its large number o f maternity
cases may probably be attributed to its situation on the eastern
boundary o f the State, its railroad connections, and its facilities for
confinement care—2 general hospitals, 3 licensed maternity hospitals,
and 2 licensed boarding homes, and the hospital connected with the
county almshouse. Expectant mothers came from near-by Minne
sota cities as well as from all over North Dakota. Another county
had two general hospitals where many unmarried mothers received
confinement care. These hospitals were in Grand Forks, near Fargo,
and many o f the infants o f illegitimate birth were taken to Fargo
by their mothers to be boarded or surrendered to child-placing agen1 N. Dak., Laws o f 1919, ch. 77, sec. 1.
2 In 1921 an amendment to the juvenile court act made it unlawful for the juvenile
commissioners to separate a child thus, but did not repeat the qualifying clause (N. Dak.,
Laws of 1921, ch. 83, sec. 1). The 1919 law, but not the 1921 amendment, was repealed
in 1923. | See Appendix A, p. 111.

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N O RTH DAKOTA AND SO U TH DAKOTA

cíes. Forty-five children were thus transferred from one county to
the other, according to the reports o f agencies and institutions. In a
third county 24 illegitimate children were reported, and in another
13. In the remaining 6 counties studied in North Dakota there were
28 illegitimate births (6 in 1 year in a town in 1 o f these counties)..
In one o f these six counties the native marriage -customs o f the
large German-Kussian population still prevailed, and it was stated
that many of the marriages occurred after the girl had become preg
nant. Only two children born out of wedlock had been recorded as
surrendered for placing out or adoption in this county.
In South Dakota, in one o f the more populous counties which
contains a city o f some size, the county birth register for the year
1921 showed that 42 o f the 1,173.1live births (3.6 per cent) were
illegitimate.3 This percentage of illegitimacy is higher than that
prevailing in most cities in the United States, according to the 1920
figures for illegitimate births in cities for which such information is
available.4 The same percentage was found for the longer period
October 1, 1920, to June 1, 1922. A comparison o f the births regis
tered for 1921 with the records o f institutions and hospitals during
that year showed 18 additional illegitimate births, 12 of them in two
o f the city hospitals. These births, if on the county register at all,
were recorded either as legitimate or under a different name than
that appearing on the hospital or institution record. (The mothers
often used different names for each o f several children born out of
wedlock.) It was not always possible to check up on the register
the cases learned o f from other sources, as sometimes the only fact
ascertainable was the date o f birth. The addition of these 18 cases
would increase the percentage o f illegitimate births in the county to
5 per cent.
In another county in South Dakota 7 o f the 363 births in the cal
endar year 1921 were recorded as illegitimate. The clerk stated that
this number was an increase over 1920. The mothers were from 16
to 26 years o f age, 5 being under 21. One baby died, the disposi
tion made o f one was unknown, and five were taken home by their
mothers (one mother was married later). A ll the illegitimate births
reported Were hospital cases. The superintendent o f the hospital
said that the mothers were encouraged to keep their babies if possible,
but in the last few years several children had been given out for
adoption shortly after birth. One child (of a 16-year-old mother)
had been adopted by a man and wife who were employed at a near-by
institution. Since they could not care for the child there, they left
her in the hospital to be brought up, and at 2 years o f age she still
knew her adoptive parents only through their visits to her at the
hospital. Birth-record data were not available in one of the larger
counties investigated, |?ut social workers and agencies supplied some
information. Many unmarried mothers whose homes were in this
county went out o f the State for confinement. It was said that fewer
cases came to the attention o f the agencies in 1921 than in 1920, yet
within six months, between the autumn o f 1921 and the spring o f 1922,
one social worker had handled six cases o f unmarried mothers', all
young, some under 16 years o f age. Three had kept their babies
* The mothers of 23 of these 42 illegitimate children were from outside the county, and
gome were from outside the State.
* See Illegitimacy as a Child-Welfare Problem, Part 8, p. 239 (U. S. Children’s Bureau
Publication No. 128, Washington, 1924).

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D EPEN DEN T AND D ELIN Q U E N T CH ILD REN

with them; one was trying to find an adoptive home; one took her
baby into the home o f the paternal grandparents outside the county;
the disposition o f the other two children was not known. One father sj
had paid the mother’s hospital expenses.
Two well-known social workers expressed the opinion that the
State laws dealing with illegitimacy should be more stringent and
that every possible effort should be made to discover the father and
to hold him responsible for the support o f the child. It is evident
that the need for protection by the State does not necessarily end
when the mother or other relatives keep the child. Frequently these
unwelcome babies become objects o f neglect, largely through the
inability o f the mother to provide a comfortable living for herself
and child. The responsibility then falls upon the State or a social
agency.
The following case stories illustrate the disposition made o f chil
dren o f illegitimate birth in the two States, and to some extent the
condition o f the mothers:
A girl had left home when she was in the seventh grade in school and ob
tained work in the local hotel. Her father was a miner, there were nine other
children in the family, and the home was reported to be very poor. This girl
at the age of 17 years was sent by the juvenile court of the county to a m a
ternity home for confinement. The father of her child was a 19-year-old boy
who worked in a drug store in the same town, and whom the girl did not
wish to prosecute. When she left the maternity home she became a domestic
on a farm near by.
The juvenile court of one county sent a 14-year-old girl, who was in the
seventh grade in school, to a maternity home. After her child was born she
returned with it to her home on a farm. The father, who was 40 years of
age, lived in another State.
A 16-year-old girl was in the first year of high school, and also had been
keeping house for her father since the death of her mother. She left school
because of pregnancy and went to a maternity home, remaining for four
months after the birth of the baby. She then w en t,to live with a sister.
The father of the child was a widower 81 years of age. j He was prosecuted on
a charge of bastardy* and the court ordered that h6 settle with the mother
of his child by paying her $1,000 in monthly installments of $50.

A 19-year-old girl who had been teaching school in another part of the State
came to the city two months before her confinement and asked for care at a
relief agency. After the birth of the baby in a hospital the mother returned
to her relatives, leaving the infant with the institution, which placed it for
adoption.
A mother came with the youngest two of her four children to one of the
social agencies of the city and asked for work. She said that her husband had
deserted her over a year before, leaving her to prove her claim on the home
stead where they had been living. He had gone fo work in a railroad town
some distance away and become infatuated with a young girl. The mother in
the meantime had become illegitimately pregnant. To escape criticism of the
neighbors who had helped her in proving her claim she left home, taking the
two older children to their paternal grandparents in another State. She would
not remain there as she was anxious to conceal her condition from them. After
several attempts to obtain work in other places she came to the city seeking
a position in one of the hospitals, where she could later be confined. This was
made possible through efforts of a welfare worker, and the two children were
temporarily cared for in a boarding home. The baby, born about six weeks
later, was surrendered by the mother to a home-finding society, which placed
it for adoption in a farmer’s fam ily in another county.

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Twins, the illegitimate children of a white woman and her employer, a
Chinese restaurant keeper, were kept for a month, after being deserted by
their mother, by a neighbor in the town, after which they were placed out by
a home-finding society in another part of the State. W hen last heard from
they were “ not doing well.” , Although the mother later married and was in
such comfortable circumstanced that she could afford to care for the children,
neither she nor her husband, a white man, was willing to have them because
of their Eurasian characteristics.

A young unmarried mother was trying to support herself and her baby by
working in a small hotel where she earned $6 a week in addition to room and
board. The baby was sickly and was continually losing weight. An effort to
locate the father and obtain support from him brought no results. The doctor
said that the baby would die if it was not placed in a suitable home, where it
could have good food and better attention, but the mother refused to give
up the child. A welfare agency was giving as much assistance as it could.

A mother, thought to be slightly insane, tried to starve , her illegitimate in
fant and finally abandoned it in an empty house when it was about 2 months
old. A woman in the town cared for the child for six weeks, then the village
board took the matter before the juvenile court. The child became a ward
of the court and was sent, to the children’s home society for placement in a
free home. The mother did not answer the court summons, and it was said
that she had gone to another part of the State. She had previously deserted
her husband and an older child of legitimate birth who was being cared for
by the grandmother.
A child whose mother had died six months after the birth was being cared
for by its maternal grandmother. She had nursed the grandchild with a child
of her own of about the same age, at the same time caring for the baby of
another daughter who had died a short time before. The home was wretched,
and the grandmother was too overburdened with the care of three infants to
give proper attention to any of them. The visiting nurse had made repeated
calls in this home.

OPERATION OF THE 1917 ILLEGITIM ACY L A W IN NORTH DAKOTA

In 1917 North Dakota enacted a law declaring every child to be
the legitimate child o f its natural parents,'entitled to support and
education, and capable o f inheriting from its natural parents and
from their kindred, whether the father was single or married to
another person than the mother of the child.5 Action to establish
proof o f paternity might be brought by any mother of a child born
out o f wedlock within one year after the birth o f the child. I f the
alleged father was dead at the time of the trial the mother was
not a competent witness. The father’s written admission of pater
nity was sufficient for the entering of judgment. Provisions o f an
earlier law,6 which still remained in force, stated that i f action
for proof o f paternity was brought and paternity was established
the court should render such judgment as might seem necessary to
secure, with the assistance of the mother, maintenance and education
o f the child “ until such time as the child is likely to be able to
support itself.” The county commissioners were empowered to
prosecute the father if the mother failed to do so and the child was
likely to become a public charge.
6 N. Dak., Laws of 1917, ch. 70. For 1923 legislation see Appendix A, p. 117.
6 N. Dak., Comp. Laws 1913, secs. 10483-10500.

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DEPEN DENT AND D ELIN Q U E N T CH ILDKEN

The very broad and idealistic provisions of the first section o f the
1917 act concerning the status o f the child and his inheritance rights
accorded poorly with the limitations o f the sections providing for
determination of paternity and obtaining support from the father,
which in practice proved very inadequate. The restriction o f action
to the period within one year'from the birth o f the child made the
obtaining o f support particularly difficult, and the provisions for
support were quite indefinite.
In the absence of more adequate vital-statistics data, the only pos
sible method o f estimating the extent to which unmarried mothers
availed themselves of these statutory provisions designed for their
protection was to ascertain the number o f court actions initiated to
prove paternity within a given period, and to compare this with the
number of illegitimate children who were under 1 year o f age when
received within the same period by the agencies and institutions
covered in the study. Accordingly the clerk o f the dictrict court in
each o f the 53 counties in the State was requested to state: (1) The
number o f “ proof o f paternity” cases initiated in the county dur
ing the previous fiscal year; (2) the number of such cases in which
paternity was established and support ordered; (3) the number of
cases in which paternity was not proved; (4) the number of cases
pending at the end o f the year. Replies were received from 27
counties, furnishing data which were doubtless fairly representa
tive for the State. One case was reported in each o f 5i counties and
2 cases in each o f 5 other counties. There were 3 cases in 1 other
county and 4 cases in each o f the remaining 2 counties.
In 14
counties no cases had been initiated. The total number o f such
cases reported was 26. Yet the agencies and institutions had received
in one year 237 illegitimate infants under 1 year o f age, and thé
residences reported for their respective mothers, were distributed
over 43 counties.
I f the ratio o f court to dependency cases in all these 43 counties
averaged the same as for the 27 reporting on the question of court
action, the number o f such court cases in one year would be 41, or
only one-sixth as many cases to establish paternity as there were
children under 1 year o f age coming to the attention o f the agencies
and institutions.
The following additional information in regard to the paternity
cases prosecuted was furnished in reply to the requests made to the
clerks o f the district courts. Support was ordered by the court in
11 cases,7 3 cases were settled out of court— 1 for $506,1 through mar
riage, and 1 on terms which were not reported ; 2 -cases were“ settled
or dismissed”—the terms o f the settlement were not reported; in 1
case paternity was not proved; 1 child died before support was or
dered; and 8 cases were pending at the end of the year.
The details o f three cases in which the court ordered payment of
support were as follows, as reported by the clerk of the court :
In one case tried in the district court of this county the jury returned a ver
dict that the young man was the father of the child. The court1order was as fol
lows : “ It is hereby ordered and adjudged that the defendant pay to the clerk o f
7 lh e amounts ordered were reported as follow s: $10 per month for the support of the
child until he is 14 years o ld ; $10 per month until fifteenth birthday; ‘ $12.50 per month
in addition to the expense incident to the birth of the child; settlement for $300; settle
ment for $500; the court ordered the defendant to pay a fine of $1,000 for the support
of the child; $200 cash payments; $25 each quarter until a total of $1,200 is paid: $12
per month.

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N O RTH DAKOTA AND SO U TH DAKOTA

this court, to be paid by him to!the said --------the sum of $50 as lying-in expenses,
same to be paid as follow s: $25 to be paid on or before the 1st day of January,
1922, and $25 to be paid on or before the 1st day of February, 1922; and that
the defendant pay to the clerk of this court the sum of $10 per month on the
first day of each and every month commencing with the first day of January,
1922, until the child born t o -----------on the 18th day of August, 1921, shall reach
the age of fifteen (15) years, said payments so made to be paid by the clerk of
this court to the s a id -----------. That the defendant pay the costs of this action,
estimated at the sum of $16.
“ That defendant give bond with good and sufficient securities thereon in the
sum of one thousand dollars to be approved by the clerk of this court, condi
tioned for the faithful payment by defendant of the payments hereinbefore
ordered. That until such bond be given and approved the defendant be and
remain in the custody of the sheriff o f -----------County,: North Dakota, and until
the further order of this court.” :
This young man served ninety days in jail, and under our law was dis
charged. Bond has not been furnished, and payments have not been made. I
have given you this case to show that the unfortunate girl and her child is
not protected under our law.
W e had two cases in which the court’s judgment was rendered last year
and our jury found the paternity of the father in each of them.
The court’s orders were to pay for the upbringing of the child at the rate of
$15 per month until the child reaches the age of 16.
In both cases the party was irresponsible in a financial way, and there was
no money received by the mother. So the fathers were sentenced to 90 days
in the county jail, and judgment was ordered in each case for $2,880 which is
the sum computed at the rate of $15 per month for a period of sixteen years.
These sentences were carried out, but as the parties responsible for the
paternity of the child are financially worthless the judgment does not mean
anything. -

A bastardy case came before the.circuit court o f one county during
the year of the Children’s Bureau study. Trial by jury was had and
a verdict of guilty rendered. The defendant was ordered to pay to
the clerk o f the county court, in addition to costs, $2,760 in the
following manner: Sixty dollars on or before July 1 and October 1,
1921; $120 on or before January 1 and April 1,1922; $60 on or before
the 1st day of January, April, July, and October of each year,
beginning with July, 1922, until the total sum of $2,760 had been
paid. The money was to be used for the support of the child in a
manner to be directed by the court. The defendant was granted a
stay of 120 days in which to perfect appeal following motion for
a new trial. t)uring this time plaintiff and defendant came to an
agreement which was accepted by the court. The father gave the
mother Government bonds, the total value o f which, according to
current quotations, was $1,685.47. The funds were given by the
mother to a relative, who was also given the custody o f the child,
with the provision that if ever the mother wished the child the
guardian was to give him to her, together with $115 per year until
the child was 15 years old. Provision was also made that if the child
died the money was to go to the mother exactly as if she had taken
back the child, but she was to pay to the guardian $250 for expenses
connected with the death. The guardian was to pay $100 o f the
costs, ordered by the court.
In reply to a question regarding the results and the value o f the
1917 amendment the following opinions were given by the clerks o f
the district courts :
W e bave bad no cases in this court of this nature since this law became
active, but in my opinion the law is a good one, as it placed an obligation on
the father of an illegitimate child, whereas formerly the-entire responsibility
lay solely on the mother.

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D EPEN D E N T AND D E LIN Q U E N T CH ILD REN

. Relative to section 1, ch apter'70. In my opinion this is a very good law.
However, I believe that it should go a little further and provide a more strin
gent method of enforcing support, of the child.

I believe this is a splendid law.

As to the workings o f section 1, chapter 70, of the amendment to our law—
the law makes the child an equal heir at the death of the fa th er; but as these
cases are generally between young people and in the course of a lifetime
they may be thousands of miles apart, and such things are generally forgotten
in the course of years, it would not seem to me to be helping the child any.
As to the judgment against the father, I would like to know what protection
the child would have when the judgment is worthless. It seems to the writer
that 90 days in ja il is a small price for the father to pay when the child and
mother have to suffer the stigma of bastardy all their lives.

I believe that this law has greatly lowered the number of so-called bastardy
cases in this State, for the simple reason that i f paternity o f the child is
proved the child takes the name of its father the same as if it had been born
in lawful wedlock. The father of the child can be prosecuted and forced to
care for and educate the child after the paternity of such child has been
established.

As to the practical value of the section

*, I consider this very good.

I do not believe that in this county the enactment of the law of 1917 brought
any results other than those attained under the prior law, as the number of
cases in which paternity was established before the present law became effec
tive approximates in numbers those now determined; and, as I recall, some
provision was made in each case for the education and support o f the children.
Under the present law, the support and education, of course, can not be made
mandatory unless the paternity of the child is established. However, when the
paternity has been established, the State may prosecute the father for non
support, the same as though the child had been born in lawful wedlock. Usu
ally in such cases, the court makes an order directing the payment of certain
sums, and in the default of the defendant, he is taken into custody.

Personally, I believe that the present law is as good i f not better than
anything we have had, both in its effect for the good of the child as well as
the good of society.
The law, if enforced, will go a long way in checking this evil in our State.

There were no cases brought before the district court in this county for the
determination of paternity or securing support of illegitimate children during
the last fiscal year. A , number of prosecutions were commenced under the
bastardy law, but in every instance settlements were effected out of court. No
cases have ever been instituted in this county under the provisions of chapter
70 of the laws of 1917 to establish paternity, and it is therefore difficult to
express any opinion as to the practical value of this statute. I believe, how
ever, that in certain cases it can be made good use of, and I feel that it is a wise
piece of legislation.

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DEPENDENT CHILDREN BROUGHT INTO THE TWO
STATES FOR PLACEMENT
LEGAL PROVISIONS

In North Dakota, at the time of the Children’s Bureau study,
child-caring associations or societies incorporated in any other State
were required to file a bond o f $500 with the treasurer o f the county
in North Dakota where a child or children from outside the State
were to be placed for adoption or otherwise, guaranteeing that the
child had no contagious or incurable disease and no deformity, and
was not feeble-minded or o f a vicious character, and that the outof-State association or society would promptly receive and remove
the child if it became a public charge within five years after being
brought into North Dakota. ; The county officials were responsible
for enforcement of this law. It did not apply to relatives wishing
to adopt or care for children from another State ; and North Dakota
agencies might assume the guardianship of children from childcaring agencies in other States without the filing o f a bond, the
transfer o f legal papers of assignment being the only requirement
o f the law for the transfer o f legal guardianship from one society
to another.1 Some dependent children who were brought into the
State through transfer from one society to another were not placed
in homes by the outside agency, but were received by the North
Dakota society for placement, remaining under its care and super
vision until adoption; the North Dakota society then became legally
responsible. I f the child had been placed in the adoptive home by
the outside society, and legal guardianship transferred, the North
Dakota society, in practice, was responsible chiefly for the consent
to adoption. According to the law an unmarried mother, who was
without means, from another State who was received in a maternity
home in North Dakota might be taken with her child, after her
confinement, to the State of residence, accompanied by some person
authorized by the judge o f the district court.2
The South Dakota law had practically the same provisions as that
of North Dakota.3 Any person having under his care and custody
a child brought from another State without previous filing of a
$500 bond was required to notify the State board o f charities and
corrections immediately, giving the name o f the child, its age, date
o f arrival, and from whom received. The board was to transmit this
information to the county court o f the county in which the child was
placed, and it was the duty o f the court to make investigation from
time to time and to take such action as might be necessary for the
protection and benefit of the child and the people o f the State. The
person having custody o f such child could be compelled to appear
before the court from time to time to report concerning the condition
o f the child until his adoption had taken place.
*N. Dak., Comp. Laws 1913; secs. 5107, 5108. For 1923 legislation regarding the
“ importation ” of dependent children, see Appendix A, p. 113.
2 N. Dak., Laws of 1915,, ch. 183, sec. 11.
*S. Dak., Laws of 1915, ch. 119, sec. 21 (Rev. Code 19i9, sec. 9992).

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DEPEN DENT AND D ELIN Q U E N T CH ILD REN

PLACEM ENT OF EASTERN CHILDREN IN NORTH DAKOTA

In three o f the North Dakota counties children were found to have
been brought in for placement in free homes for adoption by New
York organizations caring for children... The information was ob
tained from press items advertising the arrival of the children and
reporting the placements in the county, from court records o f adop
tion, and from ,social workers and other persons having direct
knowledge of the procedure. Complete data were not obtainable.
In one county it was stated that an agent o f one of the New York
societies came nearly every year to the county seat,* seeking homes
in which to place the children. In the early summer o f 1919 and of
1921 the agent had visited the county and placed 4 children (2 boys
o f 4 and 6 years, and 2 girls o f 2 ^ and 3 years), who were
legally adopted. It was said that the agent had investigated the
homes and placed the children on trial, stating that she would remove
a child from any foster home which did not prove satisfactory.
Applications for children of special . types were also filed with
the agent, the children being brought later to the applicant. The
families who had in the past adopted children had been well to do.
The same agency brought 4 children to another county in
December, 1921. The only information obtained regarding these
children was from a woman who had traveled on the train which
brought the children and the representative o f the agency in charge
o f them. It was reported that 5 more children had been taken off
the train at another city, and that altogether 26 children, had been
brought to'North Dakota at this time and placed in different parts
o f the State. No clue to the whereabouts o f these children could beobtained.
Children placed in X County were from another New York
organization. Thirteen children (8 boys, 5 girls) from 1 to 12
years o f age were brought to Y in April, 1914, and one was sent
by request at a later date. The news items advising the public o f the
“ distribution ” o f the children in this county were very illuminating.
In the fall o f 1913 a daily paper, of Y reported with large headlines
that arrangements were being made by a New York child-placing
organization for the arrival in that city o f “ about a dozen young
orphaned children.” The “ distribution ” was to be made at the
opera house some three weeks later. Prospective parents were
assured that “ no expense was attached, to the delivery o f the child.”
There was a difference o f opinion between the court officials and
the society as to the interpretation o f the law regarding bond, and
the plan fell through, the children being taken instead to Iowa.
Wide newspaper publicity was given to this society’s second importa
tion the following spring.
Newspaper accounts read by the agents of the Children’s Bureau
were as follows:
[April 7,1914}
D IS T R IB U T IO N OF O R PH AN C H IL D R E N
Miss ---------- of New York City was in Y yesterday and made arrangements
for distribution of orphan children at this point. Miss — ------- was here last
fall and partly arranged to have the distribution made in November, but
owing to unforeseen reasons arising at the time the distribution did not occur
as intended. A ll the necessary details have now been arranged with the

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N O RTH DAKOTA AND SO U TH DAKOTA

State and county officials, and the distribution of about a dozen children
ranging in age from 2 to 14 years, both boys and girls, will be made at the
Opera House, beginning at 2 o’clock on April 24. For particulars apply to any
member of the local committee who have consented to assist the agent in the
distribution. The committee consists of the following residents of Y : ( Seven
members are named.)
For further information see small bills. The children came from orphanages
o f New'York City and State.
[April 13,1914]
H O M ELESS C H IL D R E N COMING F R ID A Y
T h ir tee n

h o m e les s c h ild r e n

im ll h e b r o u g h t t o

by N ew

Y ork

s o c ie ty

Friday afternoon at 2 o’clock at the Opera House there will be a public
meeting, at which will be present 13 children brought from New York for
adoption by Y or North Dakota residents. The children range from a báby
1 year old to a little girl 12 years of age. They are in charge of M i s s ----------of the — t------ Society, New York. Last fall, the society through Miss ----------placed between 1,300 and 1,400 homeless children. J j'T ù K 7
The party left New York for Y Tuesday. The following are the children
to be brought here : ( The names and ages of the children were given, in
cluding two sisters of 6 and 11 years, a brother and sister of 8 and 12 years,
2 brothers of 7 and 10 years, a brother and sister of 3 and 5 years, a brother
and sister of 1 and 4 years, and two boys each of 6 years. )
[April 17, 1914]
H O M ELESS C H ILD R E N
D is tr ib u tio n

O p era

H o u s e , F r id a y , A p r il 2b

Next Friday, April 24, about a dozen homeless children from the East will/
arrive in Y and will be distributed to persons who may desire to adopt such
children into their homes. The distribution will be made at the Opera House
at 2 o’clock p. m. Information regarding this matter has been heretofore
printed and announced in posters and by other advertising. A committee of
citizens will supervise the distribution, to which committee applications must
be made. These children aré of various ages, of both sexes. The agents in
charge of the distribution are authorized to give the necessary legal possession
of the children and will furnish all proper information to those who may adopt
any child.
[April 24, 1914]
ORPH AN C H ILD R E N A R R IV E FROM N E W YO R K
F o u rteen

little o n es

brou gh t h ere fo r

d is tr ib u tio n

According to announcement made heretofore a number of small children, in
age from 1. to 13 years, arrived to-day from New York in charge of agents,
-------- —. The children were taken to the G Hotel, where they remained during
the morning, and at 2 o’clock were at the Opera House, where a large number
of people assembled to witness the distribution of the children and get further
information in regard to them.
R e v .-----------was present and offered the benediction, and Miss ------------ spoke
at some length, giving a sketch of the society’s work and the manner of teach
ing, training, and earing for the children left in its charge.
There were 6 boys and 8 girls, and it was stated that the older boys had
been taught at a farm school and were somewhat familiar with farm life. Of
the 1,400 children placed in homes by the speaker, 88 per cent had turned out
satisfactory té thoâe who had taken them, and only 2 per cent of that number
had died.
All applications for children were submitted to a committee of Y citizens, in
cluding the two ladies in charge.
The children; W e r e well-dressed and well-behaved youngsters, and, being
orphans, naturally excited considerable sympathy from many who were present.
A complete record, as far as known, of the birth, parentage, and other circum
stances regarding each child was given to the successful applicant.

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DEPENDENT AND DELINQUENT CHILDREN
rApril 25,1914]
H O M ELESS C H IL D R E N FO UN D FR IE N D S

The a g en ts,-----------, have disposed o f all the children brought here for adop
tion or care by families with the exception of two b o y s ,-----------, who have not
yet been placed— but probably will be in the course of the next few days. At
the distribution held Friday afternoon at the opera house, the following children
were placed, in various hom es: (Two sisters of 7 and 12 years were placed in
one home, two sisters of 3 and 5 in another, two brothers of 7 and 10 in a th ird ;
a girl of 4 years was placed in one home, while her baby brother aged 1 year
was placed in another; two boys of 6 years and a girl of 10 were placed each in
a separate home.)
M i s s -----------, in charge of the children, left New York City Tuesday with 19
children, 14 coming to Y and 5 being sent to various homes in Iowa Kansas
and South Dakota.
The children are delighted to be taken into families. They are kept at
t h e -----------society for no stated time, but their manners, morals, and education
are looked after before being taken to outside localities.
The society engaged in this work is an old one, having been in existence
over 60 years and having placed 58,000 children, besides finding employment
for a large number o f older boys who have been placed in position to earn
their living. * * * It costs $50 to place a child and superintend his
condition until the age of 18 for girls and 21 for boys. The sum of $279 58
was paid out for railroad tickets for the party on leaving New York.
Eighty-seven per cent of the children placed in homes do well, 2 per cent
have died, 8 per cent returned to New York to friends and relatives, two
and three-fourths per cent leave and disappear, and one-fourth o f one per cent
commit petty crimes. It is probable that another lot of children will be
brought to North Dakota to some other locality, but not in the immediate
future.
“ Miss ----------- and Miss ----------- will remain in the city for about a week
* * The expenses of the society are mostly provided by contributions of
New York residents.
[M ay 5, 1914]
T H R E E MORE C H IL D R E N F IN D H O M ES
E a s y d is tr ib u tio n o f th e c h ild r e n fr o m N e w

Y o r k C ity

M i s s ---------- - and M i s s -----------, agents of t h e ----------- of New York, who have
been m the city since the distribution of the children, Friday April 24 left
last night for Memphis, Tenn., where they will attend the National Confer
ence of Charities and Corrections. * * *.
There is no necessity for legal adoption of any child distributed by the
society until after a reasonable time has elapsed, to determine whether the
relationship will be congenial or not. These children are visited in their
homes from time to time by the. agents of the society, in order to determine
the conditions that prevail and whether the arrangements will be for the bene
fit of the child as well as agreeable to the foster parents. If, for any reason
it is found that the child is not doing well, or that the fam ily is not satisfied
with the arrangement, the children are removed by the society. Oftentimes
the children are legally adopted, and the results have been published hereto
fore as to the large percentage of children who have been successful and sat
isfactory members of the fam ily which has provided them a home.

Other details of the distribution were learned from a citizen of
Y who had served on the committee which passed on the applica
tions. Though the meeting in the opera house was the only official
opportunity for choice, some o f the people had already looked over
the children when they arrived by train the previous evening, or •
had visited the hotel at which they were stopping. At the distribution those who desired to take a child were allowed to indicate their
preferences on slips of paper, which were distributed through the
audience.

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NORTH DAKOTA AND SOUTH DAKOTA

It was reported that annual supervision was given by the agents
o f the society for the first five years, but it was not known whether
this was by representatives of the society sent out from New York.
A former juvenile commissioner of the county for a time made re
ports on blank forms supplied by the society concerning the school
grade attained by the children, their attendance at church and Sun
day school, their physical appearance, and whether they fitted into
the home or would have to be replaced.
Many o f the children did not prove to have been satisfactorily
placed. Some examples were cited:
Two of the girls were placed with an elderly couple, who found the girls
difficult to manage and very “ untruthful.” They were replaced many times,
and the last known of either of them was that one was in a distant town in
North Dakota. Another child had to be replaced because the foster parents
proved to be “ foul-mouthed,” and had a very bad influence on the child.

Two little girls of 3 and 5 years, were taken into the home of one of the
leading citizens of the city. They were supposed to be sisters, but the foster
parents became convinced that they had at least different fathers. Since the
children continually talked about “ little Lucy,” another sister, the foster
parents decided to send to the New York society for this child and take her
into their home, in order that the three sisters might be brought up together.
The foster father arranged with the society to meet the child in Chicago, to
which city its agent was also to bring a small boy for placement in the home
of a friend of the foster father’s family. The boy was ill with diphtheria when
he arrived at that city, and the foster father caught it from him.
It soon developed, however, that not only was Lucy mentally deficient but
also one of the other little girls. The foster parents found that they were
unable to train these two children at all, although they made every effort to
do so. These children therefore were returned to the New York society and
at the time of inquiry were in a colony for the feeble-minded. The other child
proved to be very bright and in 1922, at 10 years of age, was in the sixth
grade in school; but the foster parents had postponed adopting her because of
their unpleasant experience with her two sisters, although they fully expected
to do so finally.

At the time of the study little information seemed to be available
as to the ultimate fate o f these children. Only three o f them were
still in Y in 1922. Although a careful search o f the court records
o f adoption was made by an agent of the Children’s Bureau the only
records found were for two children both of whom were adopted in
1919, five years after the placement. The opinion was expressed
by one informant that, aside from two or three, the children were
“ undesirables, whom the society wished to be rid o f and thought
they could give to the people out West who would not know any
better.” One foster father said he did not feel thiat careful con
sideration was given to the child’s history before making a place
ment. He expressed his own feeling, as well as that o f a number o f
others who were cognizant o f the facts o f this “ importation,” when
he said that, if lie could prevent it, there would never be another
group of children placed in the city under the same methods and
circumstances as these children had been placed.
81461°— 26 — 6

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DEPEN DENT AND D ELIN Q U E N T CH ILD REN

DISTRIBUTION OF EASTERN CHILDREN IN SOUTH DAKOTA

A similar distribution was known to have occurred in South
Dakota in March, 1914, when a child-caring agency from the East
brought a number of children to W for placement.4 The day of
arrival was announced through the local papers a week in advance,
and the public was told that “ two dozen homeless waifs,” ranging in
age from 4 to 14 years, would be given away at the City Hall to
“ people wanting children, upon the recommendation o f a committee
of representative citizens.”
The arrangements o f the society for the disposal of the children
were made by its'agent, who came to W in advance. It was the
intention o f the agent and the committee to dispose o f all the chil
dren on one day.
At the appointed time several hundred people gathered in the
City Hall and looked over the 12 children, who were given seats
on the platform where they could be inspected easily. A few ques
tions were asked o f the applicants for children as to their ability to
support them and their intention to treat them as members o f their
families.
Nine o f the children were actually placed in homes on the day of
the meeting. Two others were placed a few days afterwards. One,
a boy o f high-school age, had not been given a home a week later,
and it was not reported what became o f him. Another New York
child, not spoken of in the papers, was placed in a W home about
that time. This boy caused considerable trouble, was shifted from
one home to another, and was finally returned to New York. He
had recently been seen again in South Dakota, having attained his
majority.
In connection with the survey of placed-out children an effort was
made to locate these New York children and to discover if possible
how satisfactory the placements had been.
Three boys were known to have been legally adopted:—one of
them within the year o f placement, and the others 4 and 5 years
later. Consent to adoption had been given in the case of one girl, but
no record of its completion was found, probably because the family
had removed to another county. This girl was said to have been
placed in a “ good home.” Three children were placed with people
in other counties, one with a widow, “ pretty old to take so young a
child.” One girl of 12 was returned, supposedly, to the New York
society, although very vague information was secured in this in
stance. No trace whatever was found o f the three other children,
who, according to the news articles at the time were placed with
families in the county outside W.
Considerable comment was aroused at the time, and there were
pre§s items in the newspapers of various cities in the eastern part
of the State, The only city mentioned in connection with the affair
was W , although it was vaguely rumored that the society had placed
some children in other cities o f the State.
The accompanying articles from the daily papers o f W , S, and C,
throw interesting sidelights on the method o f placement.
4 At this time there was no law in South Dakota regulating the bringing in of children
from other States. (See footnote 3, p. 71.)

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NORTH DAKOTA AND SOUTH DAKOTA
[March 2,1914]
TO FIN D H OM ES FO R C H IL D R E N
N ew

York

o r g a n is a tio n to p la c e h o m e le s s y o u n g s te r s w ith

fa m ilie s

Two dozen homeless waifs from the City of New York, ranging in age from
4 to 14 years, will be given to W people on Friday of next week. That is, they
will be given to people wanting children upon the recommendation of a com
mittee of representative citizens.
Arrangements for the disposal of the children had been made by Miss — -—
agent of the --------- - Society of New York, who was in W on Saturday. The
children are well disciplined, having come from various orphanages.
Aside from the necessary recommendations from the committee, which is
composed of seven citizens, the foster parents must agree to treat the children
in every way as members of the family, sending them to school, church, Sab
bath school, and properly caring for them until they are 18 years of age. Pro
testant children will be placed in Protestant homes and Catholic children in
Catholic homes.
The society which is bringing the children to the city is one of the largest
organizations of the kind in the world. It is given financial support by a
number of wealthy men in the East, and no collections are ta k en .or support
solicited in any way. Last year the funds handled by the society aggregated
over $750,000. During this period, 10,992 children were taught and partly fed
and clothed, 6,356 boys and girls were sheltered in lodging houses, and 2,446
were provided with employment. There were 539 homeless children provided
with homes, many of them to be legally adopted. The society also maintains
numerous homes, shelters, and schools for its dependents.
; The children will be at the City H all on Friday afternoon, March 13, at 2
o clock. Addresses will be given at that time by Miss ------ -— t visiting and
placing agent, a n d -----------, o f New York City * * *.
[March 14,1914]
N IN E C H IL D R E N F IN D N E W HOM ES
G irls a r e

fa v o r ite s

o f f o s te r p a r e n ts , a c c o r d in g

y e s te r d a y 's

d is tr ib u tio n

Five hundred interested persons had their eyes fixed on the rostrum at the
City H all Auditorium yesterday afternoon, when nine children brought ’ out
from New York City by the --------- - were given into the care of their foster
parents, who were only too eager to claim them.
No show troupe ever had more attention than did the dozen somewhat fright
ened “ kiddies ” who sat in a row on the stage. In the eyes of many women
was the glisten of tears; somehow it seemed to them, unused to such scenes,
almost like an auction block.
I f the grown-ups who looked over the children thought it was a prize draw
ing, and some apparently had that idea, they soon had positive information
from Miss ----------- and Miss ---------- -, the guardian angels of the homeless tots
from the East.
“ I want that boy,” declared one blustering assertive inan.
“ Do you own your home? ” came the question from Miss
“ Yes, and it’s one of the best in the country, with furnace, hardwood, floors
bath, and ”------“ Never mind about that,” broke in Miss — — — . ■ ‘ ‘ W hat church do you gb
And thus it went on, every applicant for children, and one little fair-haired
maiden had twenty-five prospective parents wanting her, went through the
“ third degree” in the Council Chamber, while the two agents and the mem
bers of the local committee quizzed and questioned them over their ability to
care for a child and give it the start in life that it had been thus far denied.
Somehow, a sort of hysteria pervaded the feminine part of the audience.
In groups the women talked over the event, and many women, with more
children than they could give proper care, impetuously asked for one of the
little strangers. So frequent were the refusals, that many realized that instead

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DEPENDENT AND DELINQUENT CHILDREN

of conferring a favor, a favor was granted to those who were so fortunate as
to receive a child.
There were three brothers on the stage, with the homely cognomen of •— -— ,
that were attracting much attention. The older, a freckle-face, red-haired
urchin of 11 years, seemed to be unaware that his younger brothers would soon
be separated from him. Two little girls, one four and the other two, with
golden, tresses, and smiles as radiant as their hair, were a portion of another
small fam ily that was separated.
The children were given out as the foster parents of each had been examined
by the committee and approved. A boy aged 6 and his two sisters aged 4 and 2
were placed in three families living in different tow n s; two brothers of 11
and 7 were placed in families living in different towns, while a third brother,
5 years of age, was a few days later placed in a third home. A 9-year-old boy,
another whose age was not given, and two girls of 12 and 2 % years, were also
placed in different homes.
Three of the children, boys, were not placed. O n e -----------, who is 13 years old,
is ready to enter the high school, and the agents are desirous of placing him
in a home where he may receive an ample education. His mental gifts are
extraordinary, and it is hoped to find a home where he may receive advan
tages. -----------, aged 6, a n d -----------, aged 5, were not placed yesterday.
Miss ----------- and Miss ----------- will probably be in W for a week. They
will visit the homes in which the children have been placed and possibly
find places for the three boys who were left. * * *
[March 17,1914]
W N E E D S C H ILD R E N
A

h u n d red

a p p ly

fo r

tw e lv e

c h ild r e n

c o n s ig n e d

th e

c ity

W , March 16.— The biggest meeting that has been held in many a day
gathered here at the City H all Friday afternoon to see 12 little children on
the platform. No child spoke a word in way of entertainment. They were
brought to W from New York City by two women representing the ----------Society of that place, to be placed in homes in this vicinity.
Fully 2,000 people presented themselves for admission and more than 300
were turned away for want of standing room in the hall. About 100 appli
cations were considered for the 12 children, and many people had to be dis
appointed. People came from all over the southern part of the State, and in
fact most of the little ones were placed outside the city.
The women who brought these children were very much pleased with the
reception they got and the demand for the unfortunate little people. They
will remain in W for a few days longer, receiving and considering more appli
cations, and expect to return in the near future with another bevy o f the
homeless children.
[March 19, 1914]
H O M ELESS W A IF S A R E W E L L PLACED
So

rep ort

a g en ts

c h ild r e n ’ s

s o c ie ty

a fter

v is itin g

th e m

The nine little tots placed in homes last Friday by the Misses ----------- and
----------- , agents for t h e ----------- Society of New York, are all in happy surround
ings. This was reported to-day by the two young women, who have visited
all the little people in their new homes.
“ W e feel that we were very fortunate,” said Miss ----------- to-day, “ in the
homes that have been provided for the youngsters. In some of them the chil
dren already are a part of the family, and we are very happy over the situation.
W e will finish visiting the children in their new homes to-day.”
Since the meeting at the City H all Auditorium on Friday afternoon, when
nine of the children were placed, two o f the boys who were left have been
placed. One of th e m ,-----------, aged 5, was placed in the family o f — ----- , who
lives on route No. ----------- out of -----------•. ----------- aged 7, has been taken by
---------- , o f -----------.

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NORTH DAKOTA AND SOUTH DAKOTA

One la d ,-----------, has not been given a home yet. This is the lad who is prac
tically ready to enter high school and whom the agents felt desirous of placing
in a home where he would be given superior educational advantages. For the
present he is in t h e -----------home.

The agent o f the New York society remained in the city a few days
and visited the homes of the foster parents. Aside from some cor
respondence in regard to the return to New York of a boy who had
proved unsatisfactory, no evidences were found that follow-up work
was carried on by the society that had placed the children.

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ADOPTIONS
PROCEDURE

In North Dakota the district court had original jurisdiction over
adoption cases, or in counties where the county court had been given
increased jurisdiction the county court had jurisdiction.1 In South
Dakota adoptions were made through the county court.2 Therefore
in both States a large number of adoption cases came before the
court in which juvenile-court jurisdiction was lodged.
The judges and other officials concerned in adoption procedure
were interviewed and court records for one year were studied in 20
counties in the two States. It was found that the courts made little
investigation and few home visits to guard against the adoption of
children into unsuitable foster homes, or to be sure that children
ought to be removed from their own parents. Investigations for this
purpose were reported in only 4 o f the 10 counties studied in North
Dakota, and in these counties they were not systematically made in
all cases. In South Dakota there was no definite policy in regard to
adoptions in any of the 10 counties studied. Although it is possible
that records o f applications for adoption which the court did not
grant were not filed, it is not likely that many applications for adop
tion were denied. Only one county in the State had a paid proba
tion officer or other person who might be made responsible for some
investigation regarding the foster home or the history of the child.
In this county there was no investigation o f the prospective home in
the case o f a child not already known to the court; but where the
child had been declared dependent and a ward of the court, the pro
bation officer, who was also the guardian in such a case, gave consent
to the adoption only after investigation either by home visit or by
some other method.
One county judge said that he “ satisfied ” himself as to the desir
ability of the adoption but admitted that a little conversation with
the foster parents in court was sufficient to satisfy him. In two
counties the judges worked in cooperation with the local representa
tives o f the Red Cross, who made investigation if they were not
already familiar with the case. On account o f the comparatively
small populations o f the counties it was not unlikely that the judges
usually had either direct or indirect personal knowledge in most of
the adoption cases that came up. In one county it was stated that
investigations o f the homes were not made but that testimony regard
ing the fitness of the petitioners was taken in court from one or more
persons. In two counties the investigations were very casual and
were made only in special cases. The judge sometimes requested
the juvenile commissioner to make an investigation, and if children
1 N. Dab., Comp. Laws 1913, sec. 4446.
2 S. Dak., Rev. Code 1919, sec. 206.

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For 1923 legislation see Appendix A, p. 110.

NOBTH DAKOTA AND SOUTH DAKOTA

had been removed from their homes by court order and placed out
and adoption had followed, the foster homes had been investigated
before the placement. In the latter case there may have been some
supervision o f the foster homes before adoption. In four counties
court officers reported that they visited prospective foster homes o f
children they had removed from the custody o f their parents and
placed in family homes. Such investigations were apparently most
often made at the time o f placement, and there was little later
supervision. I f the family finally decided to adopt the child the
earlier investigation was usually considered sufficient unless adverse
reports concerning the home had been received.
The judges stated that they always required the presence o f the
prospective foster parents at the time the petition for adoption was
presented, and took sworn statements as to their ability (especially
financially) to care for the child. In many instances the judges knew
the petitioners, and a home investigation was not considered neces
sary. O ft 0 n the adoption papers were drawn up by attorneys, and
the only contact the court had with the case was the final hearing,
when the attorney presented the petition and the judge granted it.
Frequently the superintendents o f home-finding societies drew up the
legal papers for foster parents, since they had notarial power and
usually were legal guardians either through court action or through
the parents’ release o f the children to the societies.
Doubtless a number of children had been placed in free homes
for adoption without the filing o f adoption papers. This might oc
cur when the superintendent o f the home-finding society had made
out the papers and Sent them to the prospective foster parents for
filing with the district court, and they had omitted to file because
they did not wish a public record of the case to be made. The $5
fee required by the court seemed to some foster parents unnecessary
expenditure; and sometimes families living in the country could
not go to the county seat during the session o f the district court.
NUMBER OF CHILDREN ADOPTED

The records showed that o f the 126 children adopted in the 20
counties during the year ended September 30, 1921, 65 were o f ille
gitimate birth and 56 of legitimate birth; for 5 children the birth
status was not given. Among the legitimate children there were
29 half orphans and 4 orphans. The parents of 10 were separated
or divorced; both parents of 5 children were in the home; 2 chil
dren had been abandoned; and the status o f 6 was not reported.
Nearly one-half o f the total number o f adopted children were under
1 year o f age at the time o f adoption. The ages o f the children
adopted were as follow s:
Ages at time
Number of
of adoption
children
Total children____ __ _____ 126
Under one year____ ______ _________
1 year, under 6 years___;____ x-_.___

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59
32

Ages at time
Number of
of adoption
children
6 years, under 11 years__.____ ____ s 15
11 years, under 16 years____ JUi'tiL 10
16 years and over_____ ___ _>ii___ _
6
Not rep o rte d ___ ___ ___ ______ 4

D EPEN D E N T AND D E LIN Q U E N T CH ILD REN

U NSATISFACTORY PLACEMENTS

In North Dakota several instances o f unsuitable placements were
reported from such sources as a juvenile-court commissioner, a
county social worker, a county nurse, and a superintendent of
schools. (The first three cases cited below were reported by such
officers.) In all but 3 o f the 20 counties o f South Dakota the agents
o f the Children’s Bureau found unsatisfactory placements and
adoptions, indicating insufficient preliminary investigation.
A 4-months-old girl was adopted in 1915 by a railroad fireman (who was
earning from $100 to $150 a month) and his wife. Three years after the
adoption the foster father obtained a divorce on grounds of infidelity, and
was awarded the custody of the child. About a year later a complaint that
the child was not receiving proper care was filed in the juvenile court. The
court declared the child to be dependent, and placed her in a fam ily home, the
foster mother in the home being appointed her guardian. The foster father
paid for the child’s board, and lived in an adjacent house.

After the father’s desertion eight children of a family were removed from
the home because of the mother’s inability to provide for them. One child,
born after her father’s desertion, was left with the mother. Later the mother
died, and a social worker who had visited the mother kept the little girl in
her own home for a while because the mother had asked her to care for the
child. When the child was 7 years old it became necessary to make a change,
and she was adopted by a fam ily without a trial placement. The financial
ability and character of the foster father had been investigated with sufficient
thoroughness, but the character of the foster mother had not been ascertained.
Very soon the neighbors reported that the girl was being abused, and close
supervision of the case for two months indicated the reports to be true. “ Be
cause of jealousy ” the foster mother had forbidden the child to associate
with other children or even to leave the house. I f she disobeyed her punish
ment was so severe that it amounted to abuse. It was therefore necessary to
withdraw the decree of adoption, and the child was removed from the foster
home after having been in it for only six months.

A 3-months-old child born out of wedlock was left by the mother in the home
o f her sister-in-law, with whom she had previously lived and to whose home
she had come from Minnesota for her confinement. The welfare worker and
the State’s attorney did hot approve of the home of the sister-in-law for the
placement of the child and advised the mother to take the child with her back
to Minnesota, where she had a sister willing to adopt it. The mother led the
welfare worker to believe that she would do so but went away leaving the child
with the sister-in-law, who without the knowledge of the welfare worker and
without investigation by the court was permitted to adopt it. The welfare
worker’s previous report stated: “ Mrs. ----- —
does not have a very clear
reputation and neglects her own children. The home is not one in which I
would wish to place a child.”
A boy of 3 or 4 years and a girl a little less than a year old were living in a
home in which they had been placed by a local organization. Nothing was
known regarding the parentage of the boy, but the Children’s Bureau agents
found a court record of the dependency of the girl when she was adopted by the
people with whom she was living. She was an illegitimate child whose mother
had come from outside the county for confinement and left her child at the
maternity hospital where it was born. The foster mother of these children
was feeble-minded. The foster father was a laborer whose employment was
very irregular; he was not considered “ a good provider.” The foster mother
had been divorced twice before her present marriage. The fam ily had had
help from the Salvation Army, the county, and’ the local relief organization.
They lived in a one-room shack but claimed that this was a temporary arrange
ment, as they were building a three-room shack.

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NORTH DAKOTA AND SOUTH DAKOTA

Nothing was known regarding the early life o f a 15-year-old boy except that
he was said to have been adopted several years before from an orphanage. His
foster father, a carpenter, was irregularly em ployed; his foster mother, a
domestic, died during the winter of the study. The boy was in the seventh
grade but could not do the work, having been placed there only because of his
age and physical development. He was one o f the most incorrigible boys in the
school, the teachers had given up trying to do anything with him, and a mental
test had indicated his mental age to be 10 years. A t the time of the visit the
father and the boy were “ baching,” the boy doing all the work. The agents
were not able to verify the fact of his adoption, but the teachers were confi
dent that he had been legally adopted.

Through some agency a husband and wife received an attractive little girl,
who proved, however, to be incapable o f mental development.
The foster
mother tried sending her to a private school and had private tutors for her
but finally gave up in despair and had her placed in the State school for the
feeble-minded. This woman was educated and refined and doubtless would
have been a good foster mother. An application previously made to the South
Dakota Children’s Home for a child for adoption had been refused, however,
because of the reputation of the husband.

An infant less than a month old was brought by his mother to the manager
of a small maternity hospital. The mother was obviously relieved to find a
place for the child and promised to pay for his board. She was required to
sign the following statement : “ I agree to allow Mrs. -----------to adopt out my
baby if I fail to pay board for four weeks without sending her a notice why
I failed and arranging for further payments.” When the Children’s Bureau
agents were in the county three months later, no board had been paid, but a
letter had been received stating that the mother was ill but would soon be
able to pay for the child’s board and begging that the child be not placed for
adoption. Although the letter was supposed to be from a friend of the mother’s,
the signature on the adoption agreement and that of the letter were apparently
in the same writing. The manager of the home was in doubt as to what to do
with the baby. She stated that she had never placed a child, but would not
hesitate to do so if the occasion arose.

The history of one adoption indicates the methods used by a “ baby farm ,”
well known throughout the State, which had ceased operation at the time of
the investigation. A 3-months-old boy had been placed there for temporary
care by his mother when she went to join the father in Montana, where he
had gone to work. She paid regularly for the baby’s care and had money-order
receipts to show for her payments. About seven months later she returned,
asked for her child, and found that 3 months after she had left the child the
manager had him brought before the court, stating that he had been abandoned
by his parents. The child was declared dependent, the superintendent of a
children’s home was made his guardian, and he was adopted within two months.
When the mother made inquiry the superintendent, as was customary, refused
to give any information of the child’s whereabouts. The mother continued her
search for the next two years, during which time she was divorced and remar
ried. She finally engaged a lawyer to handle the case, and it came up in the
juvenile court, where an order was issued that^the foster parents should be
allowed to keep the child. The mother then appealed to the circuit court, but
the appeal was later set aside upon agreement to abide by the decision of the
juvenile court.

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DELINQUENT CHILDREN IN THE TWO STATES
THE E XTE N T OF CHILD DELINQUENCY

A total o f 532 delinquent children under 18 years of age were
reported as coming to the attention o f the North Dakota courts within
the year ended September 30, 1921. Data for an analysis of the
extent o f juvenile delinquency were obtained from the records of
the juvenile commissioners and the records o f the clerks of the
district courts in the 10 counties especially studied, from juvenile
commissioners for 25 other counties, and from the clerks o f the
courts o f 2 -counties. Fairly complete material was obtained from
16 additional counties through the questionnaires filled out by the
local committees.1 It was reported that in 8 o f these counties there
had been no cases during the year, and the report from 1 county
was incomplete. Thus some information was obtained from all the
53 counties o f the State, with cases o f juvenile delinquency reported
from 44 of them.
The police courts o f Fargo, N. Dak., had dealt with .44 children,
which although not a technical violation was not in accordance with
the spirit o f the law.2 In 4 of the 10 counties especially studied
the district courts had handled the cases o f 18 delinquent children
with the formal procedure o f the regular session. In other localities
scattered instances were mentioned of children’s cases heard by
justices of the peace, but no records of them were available. Juvenilecourt judges or juvenile commissioners had dealt with 470 of the
532 children reported. Because o f the incompleteness of the records
and of the information for some counties, the number of children is
probably somewhat understated.
The 470 children coming to the attention of the juvenile courts
included those whose cases were heard and disposed of by the juve
nile commissioners acting as referees, those referred by them to the
judge for final order of removal from home or commitment to an
institution, and those heard by the judges without preliminary hear
ing before commissioners. The type o f hearing—whether an in
formal one before a commissioner or a formal one before the judge—
was ascertained from the records of 387 cases in the 10 counties espe
cially studied; the questionnaires from the other counties did not
report the type of hearing. The amount of work o f the juvenile
court which was handled exclusively by the juvenile commissioners
is shown by the fact that four-fifths (309) o f the 387 cases were dis
posed of by them; only one-eighth (48) were referred to judges
after hearing by the commissioner; and about one-twelfth (30) were
reported as heard as only before the judges, mostly in- the two dis
tricts in which there were no commissioners.
1 For discussion ot the juvenile court law and the powers of the commissioners, see
pp. 17-18. For copies of form and questionnaire used in this study, see Appendix C,
p. 124.
2 N. Dak., Comp. Laws 1918, secs. 11412, 11416,

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N O RTH DAKOTA AND SO U TH DAKOTA

In South Dakota 228 delinquent children under 18 years of age
were reported as coming before the courts in the 10 counties studied
within thè year ended September 30, 1921. The juvenile courts had
dealt with 211 o f these children, the circuit courts with 8, the police
courts with 1, and the municipal courts with 2. No information was
obtained concerning the other counties o f South Dakota.3
TYPES OF COMMUNITY FROM W H ICH CHILDREN W E R E REPORTED

Although in North Dakota only 5 per cent o f the child popula
tion (o f 7 to 17 years) lived in the 3 cities having a population of
over 10,000, nevertheless 45 per cent o f the delinquent children re
ported were from these communities. The 9 cities in the State hav
ing a population o f from 2,500 to 10,000, whose child population was
6 per cent of the child population of the State, furnished 26 per
cent o f the delinquent children dealt with by the juvenile courts.
The rural communities, with a child population of 89 per cent of
the total child population, furnished 29 per cent o f the delinquent
children.
In South Dakota 207 of the 228 cases of juvenile delinquency
which came before the courts in the 10 counties studied were from
urban communities, although somewhat less than one-half of the
total population in these 10 counties was urban.4
It can not be assumed that the relatively small proportion of de
linquency reported from rural communities in both States indi
cates an actually smaller amount of rural than urban delinquency.
Cities admittedly have temptations and facilities for delinquency
that do not exist in rural communities, and undoubtedly many de
linquencies which would come to the attention of the authorities if
committed in a city are overlooked in the country. The preponder
ance of such cases in the cities may be accounted for also by the
fact that the juvenile courts were in the county seats, which were
usually the principal towns. The existence o f the juvenile court in
the town thus made the people aware that juvenile delinquents should
be dealt with by it. In the widely scattered rural populations the
delinquencies of children seldom came to the attention of a proba
tion officer or other person connected with the juvenile court, and
many places may have been quite unaware of the juvenile-court
system o f the State.
STATUS A N D AGES OF CHILDREN W H E N DEALT W ITH B Y THE
COURTS

..Very meager records had been made of the type of home and the
parental status o f the delinquent children dealt with by the North
Dakota juvenile courts and commissioners. Such brief' statements
as the following were typical: “ Father drinks” ; “ father alcoholic,
mother hysterical ” ; “ home dirty, father moonshiner, mother alco
holic ” ; “ father bootlegger, has been in penitentiary for, larceny ” ;
“ large family, mother poor housekeeper.”
A few records stated
ithat the home was “ good,” a few others that it was “ unfit.”
•For discussion of South Dakota juvenile court law and procedure, see pp, 29—35.
•See footn oted, p. 1.

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D EPEN DEN T AND D ELIN Q U E N T CH ILD REN

Some information from each of the 10 counties studied in South
Dakota was obtained through local people, especially teachers and
county officials, concerning the parental status o f 92 children and the
type o f home for 33 children. The homes o f only 10 o f these 33
were reported as good or fair; one was reported as u unpleasant”
for the child, and the remaining 22 as poor, questionable, or o f low
standard. Twelve families were reported as haying two or more
children with delinquency records; in one family in which four
children were delinquent, two others had delinquency records pre
vious to the year o.f the study. In five families the parents were
reported to have been immoral. Feeble-mindedness or insanity was
reported in five families involving nine children appearing before
the courts on delinquency charges.
The following table shows the status o f the children when dealt
with by the courts in North Dakota and South Dakota on charges of
delinquency:

T 1
|

S ta tu s o f c h ild r e n d e a lt u n th b y th e c o u r ts in N o r th D a k o ta a n d S o u th D a k o ta
o n c h a r g e s o f d e lin q u e n c y w ith in th e y e a r en d ed S e p te m b e r 80, 1921

Children dealt with by
the courts within the
year ended Sept. 30,
1921
Status when dealt with

Children dealt with by
the courts within the
year ended Sept. 30,
1921
Status when dealt with
In
In
Total North South
Dakota Dakota

In
In
Total North South
Dakota Dakota
Total children-----Child with both parents.
Child with one parent—
Parents divorced or
One parent deserted
or whereabouts of
one parent unOne parent in correc
tional institution...

One parent dead,
other unwilling or
unable to support
child................ .
Whereabouts of one
parent not known,
other not providing
home _____ -■___

Not reported_____ __ __

512

1376

136

760

532

228

121
92

82
55

39
37

8
16

4
10

4
6

Child with step-parents..
Child with neither par-

i includes 62 children dealt with by police courts and by the district courts in regular session in North
Dakota.

The ages o f 319 o f the 470 delinquent children dealt with by the
juvenile courts o f North Dakota and o f 150 o f the 228 delinquent
children dealt with by the courts o f South Dakota were reported.
Among the children dealt with by other than juvenile courts in
North Dakota the greater number were 16 or 17 years o f age.
Among the boys dealt with by juvenile courts in North Dakota the
number who were from 14 to 15 years o f age was greater than the
number in any other age group. More girls were in the age group
16 to 17 years of age than in any other. One hundred and eight boys
and six girls in North Dakota were under 14 years of age. In South
Dakota more than two-thirds o f the boys and more than four-fifths
o f the girls were from 14 to 17 years o f age, inclusive.
The following table shows the ages of the children dealt with by
the courts in North Dakota and South Dakota on charges o f delinquency within the year ended September 30, 1921:

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NORTH DAKOTA AND SOUTH DAKOTA

A g e s o f th e c h ild r e n d ea lt w ith b y th e c o u r ts in N o r th D a k o ta a n d S o u th D a k o ta
o n c h a r g e s o f d e lin q u e n c y w ith in th e y e a r e n d ed S e p te m b e r 30, 1921

Children dealt with by the courts within the year ended Sept.
30,1921
In North Dakota

Ages when dealt with by the courts
Total
Total

Total children....... .................
Under 10 years__________
10 years, under 12 years_____
12 years, under 14 years_____
14 years, under 16 years___________
16 years, under 18 years__________
18 years and over ............. .
Not reported........ ..........................

Boys

Girls

In South Dakota
Sex
not re
ported

Total

Boys

Girls

760

532

376

162

228

177

25
38
100
155
207
25
230

19
33
68
115
140
25
152

17
30
61
78
68
25
117

1
1
4
23
31

1
2
3
14
41

6
5
32
40
67

5
3
28
28
45

1
2
4
12
22

7 68

1These children were dealt with by the police courts and the district courts in regular session in North
Dakota.
2 Four boys between 18 and 21 years of age, who had been implicated in delinquencies with younger hoys,
were heard before a juvenile commissioner upon their agreement to plaee themselves under the jurisdiction
of the juvehile court.

OFFENSES W ITH W HICH CHILDREN W E R E CHARGED

The type o f offense charged was ascertained for 465 o f the 470
children dealt with by the juvenile courts and for the 62 children
dealt with by police courts and district courts in regular session (these
being chiefly charged with violations o f city ordinances) in North
Dakota within the year ended September 30, 1921.
The type o f offense charged was ascertained for 215 o f the 228
children dealt with by the South Dakota courts within the year
ended September 30, 1921.
The following table shows the offenses with which the children
dealt with by the courts on charges of delinquency in North' Dakota
and South Dakota were charged within the year ended September 30,
1921:
O ffe n s e s w ith w h ic h b o y s a n d g ir ls d e a lt w ith b y th e c o u r ts o n c h a r g e s o f d e lin
q u e n c y in N o r th D a k o ta a n d S o u th D a k o ta w e r e c h a r g e d u n th in th e y e a r
en d ed S e p te m b e r 30, 1921

Children dealt with by the courts within the year ended Sept.
30, 1921
In North Dakota

Offense
Total
Total

760
Theft or attempted theft:
Breaking and entering_________

53?

Boys

377

Girls

In South Dakota
Sex not
re
Total
ported
>62

228

Boys

177

Girls

' 46
27
25
2
19
19
1
77
64
61
2
13
13
145
92
4
6
6
82
53
47
23
21
23
2
26
12
. 11
1
14
14
Other_____________- _______
1These 62 children were dealt with by the police courts and the district courts in regular session in North
Dakota.

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DEPEN DENT AND D ELIN Q U E N T CH ILD REN
Offenses with which boys and girls dealt with by the courts on charges o f delin
quency in N ofth Dakota and South Dakota were charged within the year ended
September 3 0, 1 92 1 — Continued

Children dealt w ith by the courts within the year ended Sept.
30,1921
In North Dakota

Offense
Total

Truancy, running away, vagrancy,
incorrigibility:
Incorrigibility...______________
Sunning away
...............
Truancy___ _________________
Vagrancy and begging_________
Offenses against morals: Immorality.
Injury or attempted injury to persons: Assault______________ ____
Offenses due to carelessness, spirit of
play, or mischief:
Carrying concealed weapons or
discharging firearms_________
Destruction of property________
Disorderly conduct or disturbing
the peace...... .................. .........
Gambling on Sunday..................
Incendiarism__ ______________
Malicious mischief____________
Minor in pool hall or public dance
hall.____ _________________
Shooting craps___ ___________
• Smoking in public____________
Speeding or other traffic violations_____ _____________ .
Trespassing___________ . . . . . . . .
Other:
Addicted to snuff_____________
Intoxication__________________
Violating city ordnances_______
Not reported____________________

Total

Boys

Girls

In South Dakota
Sex n t
re
Total
ported

6
1

9
11
i

1
4

3
5

2
2

11
13'

8
u

69
15
25
3
67

45
8
21

24
7
4

3
8

13
18

12
14

3
14

56
4
3
21

45
4

26
4

5
12
6

•5
6

8
11
18

Girls

20
17

89
32
27’
3
93

2
2

Boys

No information with regard to “ gang” delinquency was obtained
in the North Dakota counties studied. In 10 counties in South
Dakota information concerning the prevalence of this form o f delin
quency was obtained. Very little indication o f this was found. In
one city a boys’ gang had perfected a system for Stealing, repainting,
and then using or selling bicycles and was charged with the theft of
23 bicycles. The 13-year-old leader of the gang, who was alleged
to have stolen 13 o f these 23 bicycles, was finally arrested and brought
before the judge o f the police court, who by agreement with the
judge o f the circuit court, handled all juvenile cases in the county
in which the city was situated. Before his arrest this boy had been
warned by the police and by the judge o f the police court. At the
hearing, on the day of the arrest, the judge said that the boy was
“ considered to be on probation ” and ordered him to report. The boy
reported only a few times, being shrewd enough to know the limits
of police-court power, although the judge warned him that if he
ever came into the court again he would be committed to the State
training school at Plankinton. In four months the boy was arrested
for the systematic stealing o f automobile coils, and the judge of the
police court then formally referred the case to the judge o f the
juvenile court; but about a month later when the Children’s Bureau
agents were in the county the case had not yet been heard and ap
parently there was no record of it in the juvenile court. No other
organized boys’ gang was mentioned in the court records or referred
to by local people, although in several of the counties a number of
boys had joined in a delinquent act. For instance, one group had

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N O RTH DAKOTA AND SO U TH DAKOTA

been arrested for disturbing the peace at a public meeting; another
for entering a store and destroying property, a third group for
frightening smaller boys, a fourth for malicious mischief. But
nothing in the records o f the cases indicated gang organizations.
PREVIOUS DELINQUENCY

The records o f the juvenile commissioners in North Dakota were
very incomplete as to previous delinquencies o f the children coming
to their attention, and the records of formal court hearings before the
judges did not report previous delinquencies unless there had been
commitment to an institution. Information on previous delinquency
was reported for only 36 of the 387 children in the 10 North Dakota
counties especially studied. O f these 8 had no previous record; 13
boys and 2 girls had been delinquent once previously; 3 boys and 1
girl had been delinquent twice; 2 boys, three times; 1 boy, six times;
1 boy, seven times; 2 boys, “ a number o f times.” For three boys the
number o f times was not reported, -but it was known that they had
been delinquent before. Previous commitment to the training school
was reported for three boys and one girl. The juvenile court had
dealt previously with 2 of the 18 children dealt with by the district
court in regular session.
DETENTION PENDING HEARING

Facts with regard to the detention of children pending hearing
were not fully reported on the records examined in North Dakota.
Information was obtained for 261 o f the 470 children dealt with by
the juvenile courts, but no information was available regarding the
62 children dealt with by the police courts and the district courts
in regular session. The policy o f the courts was to release the child,
allowing him to remain in the custody of his parents during the
interval between apprehension or the reporting of the case to the
juvenile commissioner and the hearing. Eighty-one of the children
had been so. released. Many o f the children were brought to the
commissioner’s office by an officer or the petitioner in the case and
the hearing was held immediately; 119 cases were reported as being
heard on the day on which they came to the attention o f the com
missioner. O f the remaining 61 children for whom information was
obtained, 34 were detained in jail pending hearing; 19 children were
detained in the custody o f the sheriff, which probably meant that
the children were held in jail by the sheriff, although it was known
that a sheriff sometimes detained children in his own quarters con
nected with the jail; 8 other children were detained in the custody
o f the policewoman, a juvenile officer, the children’s home society,
a hospital, the Young Women’s Christian Association, or-the home
o f a relative. Forty-four of the 61 children detained in jail or else
where were 14 years of age or over, 14 boys were under 14 (10 o f
these boys under 14 years of age were detained in ja il), and the age
of: 3 boys^was not reported. O f the children 14 years of age or over,
13 boys and 11 girls were detained in jail; 4 o f these girls were 14
or 15 years o f age, 5 were 16, and 2 were 17. Four o f the 9 girls
detained in other places were 14 or 15 years o f age, 3 were 16, and
2 were 17.
The facts concerning detention pending hearing were reported
for 129 o f the 228 children who came before the courts o f the 10

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D EPEN DEN T AND D E LIN Q U E N T CH ILD REN

South Dakota counties studied. O f the 120 children heard in the
juvenile court, for whom information concerning detention pending
hearing was reported (in 91 cases no data on this point were ob
tained) 101 either were, taken into court immediately upon arrest or
were placed in the custody o f parents, 18 were held in jail, and 1
was held in the custody o f the sheriff (in the sheriff’s home). Four
teen children were known to have been held in county jails, o f whom
at least 3 (a boy o f 12 years, a boy of 13, and a girl of 14) were
held in violation o f the law forbidding the holding o f a child under
15 years o f age in jail; the ages o f 2 boys held in county jails were
not reported. One o f the seven minors whose cases were heard by a
police court (a girl IT years o f age) had been detained in the
county jail. Four children, including a 14-year-old girl, had been
held at a police station. Three IT-year-old minors among the 8
minors heard in a circuit court were held in the county jail. Four
children, including a 14-year-old girl, had been held at a police
station. Three IT-year-old minors among the 8 minors heard in a
circuit court were held in the county jail. The girl who was brought
before a municipal court was reported to have been held in the
county jail.
DISPOSITION OF CASES

The following table shows the disposition made in the cases of
children dealt with by the courts in North Dakota and South Dakota
on charges of delinquency within the year ended September 30, 1921:
D is p o s itio n o f c a s e s o f c h ild r e n d e a lt w ith b y th e c o u r ts in N o r th D a k o ta a n d
S o u th D a k o ta o n c h a r g e s o f d e lin q u e n c y u n th in th e y e a r e n d ed S e p te m b e r
SO, 1 9 2 1

Children dealt with by the courts within the year
ended Sept. 30,1921
In South
Dakota

In North Dakota
Disposition of cases
Total
Total

Total children___________________________
Fined, ordered to make restitution, or placed in

Police
courts
and
Juvenile district
courts courts in
regular
session

760
168
16

532
87
16

470
67
14

82
250
24
82

62
173
18
47
16
14
99

53
‘ 164
18
247

9
9

15
103

1
12

20
2

All
courts

228
81

77
*6
‘ 35
4

«1

1 Of these 164 children placed on probation, 19 were ordered to make restitution in connection with their

offense (in addition to 19 other children ordered to make restitution), and 7 were under suspended sentence
to the State training school.
2Of the children sent to institutions, 6 boys and 23 girls were sent to the State training school; 7 girls
were sent to the Florence Critt.enton Home; 1 boy was sent to the State institution for the feeble-minded;
1 boy to the North Dakota Children’s Home Society; 1 boy and 1 girl to the Lutheran Children’s Orphan
age in Minnesota; 1 boy to an Indian school until of age; and 6 girls to Catholic institutions in another
State.
2These 2 boys were sentenced to 30 days’ hard labor in the harvest fields.
* Three of these children were regarded as on probation and were expected to report to the judge by
letter (they lived outside the town.in which their cases were heard).
8Of the children sent to institutions 1 child was sent to a Catholic institution in another State, 4 chil
dren on parole were returned to the State training school, and 30 children were sent to the State training
Bchool.
®A 17-year-old boy sent to the State penitentiary.

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Three o f the boys sentenced to jail in South Dakota were 16-yearold boys who had stolen an automobile. Two of the boys had been
sentenced to 30 days, and 1 for 20 days. As their sentence covered
a part o f the school term the judge sent books to the jail for them
to read and required them to study their lessons and to make reports
to their teachers. They had been fined small amounts and were to
be committed to the State training school at the end of their jail
sentences unless in the opinion o f the court their conduct merited
probation. The 17-year-old boy sentenced to the State penitentiary
in South Dakota was charged with larceny. His case had been heard
in the circuit court, to which it had been transferred by the county
court.5 His sentence was for an indefinite period o f not less than 1
nor more than 10 years. The court record stated: “ Little is known
about this young man, as he is a total stranger in this part o f the
country; he has fired on some stationary engines.”
The following South Dakota case is an interesting story o f the
treatment o f children who were both feeble-minded and delinquent:
In the R fam ily both the parents and all their eight children had been in the
school for the feeble-minded at Redfield.
Nothing was known about the
character of the father, but the mother was reported as being of low grade,
dirty, and slovenly. The father was discharged from the institution and got
employment at a roundhouse. Then the mother and some o f the children
were discharged, but at least four of the children remained in the institution.
W ithin a year the mother had another baby,
This child died in early
infancy, and a private agency had the children in the State institution for
the feeble-minded sent home for the funeral, promising to return them a day
or so afterward. They were never returned.
During the year covered by the study at least four of the children became
known to the juvenile court. The 14-year-old girl was brought in on a charge
of incorrigibility.
She was reported to be staying out late at night with
undesirable companions and was associating with a young man of questionable
reputation, who bought her pretty clothes and took her to dances and the
moving pictures. She was placed on probation to a nurse at a clinic, where
she was given a job, and she was reported to have improved during the four
months she remained there. After four months she left the State to visit
relatives and later returned to take care of her mother who was l about to
have another baby. Her record at the school and the home for the feeble
minded stated that she was profane and had a reputation for thieving but
that she could do certain kinds of work under supervision.
The 13-year-old boy was brought into court also on a charge of incor
rigibility— he had been loitering on the streets and associating with bad
companions. He, too, was put on probation. The records of the institution for
the feeble-minded said that he could care for himself but was inclined to
run away and be disobedient. The 9-year-old girl was brought into court
charged with larceny and was also placed on probation.
No institutional
record for her was available, but she was known to have been at Redfield for
a time. The 8-year-old boy was brought into court on a charge of larceny and
was committed to the State training school. It was reported that he had been
able to take care of himself at Redfield but that he had been profane and dis
obedient and inclined to run away. It is interesting to note that not one of
the children was returned to the institution which they had left so uncere
moniously.
'
Two of the remaining four children had been in the State training school;
one was released on parole and later m arried; the other escaped from the
school and stole a car, and his whereabouts was not known at the time of the
study, i The_ school nurse reported the fam ily as shiftless and hopeless to
deal with— it was known to every relief agency in the city. The county
judge said that he hoped to recommit the mother to Redfield as soon as she
was a little stronger.

5 See S. Dak., Rev. Code 1919, sec. 9984.
81461°— 26------ 7

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COMMUNITY MEASURES FOR THE PREVENTION OF
DELINQUENCY
RECREATIONAL FACILITIES
IN CITIES AND LARGE TOWNS

In the cities and towns of over 5,000 population in the counties
studied considerable work had been done toward providing super
vised recreation, arranging for athletic work in schools, organizing
boys’ clubs and parents’ clubs, and supervising public dances. There
were playgrounds in many parks and school yards, and municipal
swimming pools had been established.
In a number o f cities Rotary Clubs had taken up recreational
problems and done much constructive work. A t the time o f the
Children’s Bureau study their efforts had been almost entirely with
boys. The Rotary Club in Bismarck, N. Dak., employed a recrea
tional leader who in May, 1921, began to direct the boys’ work and
organized clubs to which all boys over 12 years of age were eligible.
Their program was described as fourfold—“ physical, mental, social,
and spiritual.” During the winter about 300 boys had belonged to
these clubs, which met weekly for athletic work and lectures and
had two intergrade basket-ball teams. Two athletic clubs had been
formed for the summer by the clubs at two o f the schools. The
recreational leader had conducted four summer camps for boys.
Baseball diamonds and running tracks were to be provided on each
o f the school grounds. Recreational work for girls had not yet
been organized, but the boys’ director hoped to start such work in
the near future and to train women from the Business and Pro
fessional Women’s Club to take charge o f it. The Rotary Club in
Jamestown, N. Dak., had fostered a boys’ band, paying its leader.
Plans were under way for a boys’ summer camp with a director in
charge.
Boy Scout work was well organized in all the large cities and
some smaller ones. Devils Lake, N. Dak., for example, was very
proud o f its Boy Scout band of about 60 pieces, which a local news
paper stated was “ known throughout the Northwest as one of the
most efficient musical organizations o f the kind in the country.” The
directors o f the Devils Lake Civic and Commerce Association had
pledged $4,000 for maintaining the band, and free Saturday after
noon concerts were to be given during the summer. Another news
paper item stated: “ Employment of a trained Boy Scout worker
and salaried general director o f boys’ welfare activities here con
tinuously is assured by donations from various organizations o f the
city, such as lodges, women’s clubs, civic and commerce associations,
and so on * * *. More than TOO boys of from 6 to 18 years
would receive the benefit of the trained leader.”
92 .

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In one o f the smaller cities three Boy Scout troops had already
been organized with a membership of about 75 boys; two o f these
were connected with churches; the third, originally organized by a
church, had become independent. The Odd Fellows and Elks were
also organizing troops at the time o f the Children’s Bureau study.
The Rotarians had purchased a river site of 53 acres for the Boy
Scouts’ summer camp.
Little elub work for girls was reported. One o f the branches o f
the Young Women’s Christian Association in North Dakota had a
high-school girls’ club o f 216 members and a “ girls’ reserve ” group
o f about 100 members. In one city the woman’s community council
had arranged to have a room in one of the schoolhouses open every
evening for two months for the social activities of working girls. A
chaperon was in charge.
- . Physical training was given in the schools o f a number of the
cities and towns, and such sports as football, basket ball, and track
work formed part o f the program. Athletic directors had been em
ployed in some o f the schools. Frequently the gymnasium work and
sports had been organized for the boys only.
A judge in a South Dakota county had organized a boys’ chess
club of about 50 members and had obtained the use o f a room in the
Carnegie Library for their weekly meetings. He hoped to prevail
upon a local organization to donate to this boys’ club an unused
room where the boys might drop in to read or play games and to
spend the time which they might otherwise waste on the streets.
Another judge had taken a very active interest in the delinquent
boys that came before him. He conducted a small circulating library
by loaning any o f his own books which were interesting to boys.
He also joined with the boys in their swimming and other
recreations.
IN SMALL TOWNS AND RURAL COMMUNITIES

In the small towns and rural districts little had been done to pro
vide recreation for the children. In 'communities of 300 to 1,000
people, and even in cities with populations up to 5,000, parents and
public-minded citizens often declared that it was no wonder that
the children got into mischief, since there was “ absolutely nothing
for them to do, and no place for them to obtain recreation except
the streets or the pool rooms.” The State law prohibiting minors
from frequenting pool rooms and bowling alleys was enforced ef
fectively in some places, very poorly in others. In the small towns
and villages the pool rooms and bowling alleys were said to be the
hangouts for all the toughs in town.” In manv places an effort
had been made to get the children off the streets at night by curfew
regulations, the curfew hour varying from 9 to 9 :30 p. m. The cur
few was enforced by the town constable or the justice o f the peace.
A few Boy Scout troops were reported in the rural communities
but the persons interested reported that it was difficult to keep the
organizations going. In one small town the Methodist minister had
organized a boys’ club known as the “ Young Knights o f America.”
It resembled the Boy Scouts in its activities but had no age restric
tion, all the boys in town being eligible for membership. In some
o f the rural school districts boys’ and girls’ industrial clubs had

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been organized under the supervision of either the county agent or
a club leader from the State agricultural college. Their activities
were educational and industrial rather than recreational, but a local
newspaper reported “ a lively interest in the organization o f new
clubs all over the county. Flourishing sewing clubs for the girls and
potato clubs, baby beef, sow and litter, and sheep clubs for the boys
had already been formed in various places in the county, and several
clubs of the same type were being planned in other localities.” A
number o f school districts reported that “ lyceum ” courses were given
during the year. The school grounds in many of the small towns
and rural districts had some playground apparatus, even if only a
couple o f swings and a toboggan. There was almost no supervision
over school-yard playgrounds, except the little that teachers could
give during recess.
One homesteading county lacked recreation for both adults and
children. The county agent, one o f the few persons who came into
contact with the people in the most remote and inaccessible parts o f
the county, had made some attempt to overcome the disadvantages
o f its great isolation. For instance, he had a motion-picture machine
with which he showed educational films furnished by the United
States Department o f Agriculture. In some sections remote from
railroads children as old as 14 years of age had never seen a motion
picture, and when he showed a film illustrating how to clean out a
henhouse, this familiar subject received tremendous applause.
ACTIVITIES FOR PREVENTING DELINQUENCY

The Juvenile Welfare Committee o f Sioux Falls, S. Dak. (organ
ized about two years before the Children’s Bureau study) was doing
preventive and constructive work among boys in that city. There
were about 35 members, including representatives of the Rotary Club,
Young Men’s Christian Association, Lions’ Club, Knights of Colum
bus, and other men’s clubs and organizations, also the superintendent
o f the children’s home society, the judge of the juvenile court, the
juvenile probation officer, and the secretary o f the family-welfare
society. Any men’s club in the city could be represented by a mem
ber acceptable to the other persons on the committee. This com
mittee met biweekly to discuss problems concerning the boys o f the
community and had subcommittees on recreation, dance halls, ciga
rettes and pool rooms, and on publicity. The probation officer o f
the juvenile court sometimes called on members to act as volunteer
probation officers, and he reported very good results from such
volunteer service. The committee had had printed and distributed
to pool rooms and cigar stands signs which gave warning that it was
against the law to sell cigarettes to minors or to allow minors in
pool rooms. It had also stopped the sale at news stands o f certain
papers and magazines which it considered unfit for children to read
and which the probation officer found circulating widely among
young boys. The committee was glad to have referred to it for dis
cussion and action any problems concerning the welfare o f either
boys or girls.
The judge in one county was making a successful attempt to
interest influential men in delinquent boys. Three of his friends
were acting as “ big brothers ” to three boys on probation, whose

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NORTH DAKOTA AND SOUTH DAKOTA

home surroundings were especially bad. These men were seeing
that the boys had jobs outside school hours and were following
their work at school. The boys also reported to the judge. He
planned to interest women of the community in any future cases
o f delinquent girls. In Leonard, N. Dak., a town of 300 population
in Gass County, a “ Committee for Public Welfare ” was organized
in December, i921. The aim o f this welfare committee was to look
after all matters o f public welfare, and especially to examine into
the causes of delinquency of boys. Its 9 members included 2 min
isters, the local doctor, the cashier o f the bank, a retired farmer, the
wife o f the school principal, and 2 other prominent women. At
the time o f the visit of the Children’s Bureau agent this committee
had already been influential in stopping some o f the lawlessness
among the boys.
A few cities in the counties studied had policewomen. Their
work was chiefly preventive, consisting o f patrol duty in public
parks and on the streets, and supervision o f public dances. Cases
o f pregnant unmarried girls often came to their attention, and were
handled unofficially, sometimes by communication with the girl’s
parents, or by dealing with the man whom the girl named as father
o f the child, or by finding employment for the girl before confine
ment. Since there were no records o f the work o f this type done
by the policewomen it was impossible to determine its exact nature
or extent. In all the cities in North Dakota in which there were
public dance halls some supervision by a person with the power of
a policewoman had been provided, and girls under 18 years o f age
were forbidden to attend the dances unchaperoned. However, in
Fargo and Grand Forks, where two or three dances might be going
on at the same time, there was only one supervisor, the policewoman,
who did this work in addition to her other police duties. In Bis
marck the county welfare worker had been given the duty (with
police power) o f supervising the two dance halls in which the dances
were held three nights a week. In Devils Lake the policewoman,
a part-time worker, did all the supervising o f public dances. In
Jamestown and Dickinson public dances were not held regularly,
and a special policewoman was employed whenever a dance was
given. In these two cities the policewoman was present the entire
evening at every dance.1
1 In 1925 North Dakota passed a law providing for the regulation and licensing o f
public dance halls. N. Dak., Laws of 1925, ch. 128.

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CONCLUSIONS
The provision made in North Dakota in 1922 for the care and p ro
tection o f children who, because of dependency, delinquency, or
mental or physical handicaps, were in special need of the State’s
guardianship, the legislation needed, and the laws enacted in 1923
as a result o f the recommendations of the Children’s Code Commis
sion, are summarized in the following pages. Conditions in South
Dakota were found to be very similar to those in North Dakota,
and the same general recommendations are applicable to both States.
Because the South Dakota study was somewhat less complete than
the North Dakota study, for reasons already stated, and no such com
prehensive body o f legislation was proposed or enacted in South
Dakota this part of the report has reference only to North Dakota.1
As a result of the 1923 legislation, North Dakota now has on its
statute books a collection of laws for the care and protection of de
pendent and neglected children which is one o f the finest in the
United States. It will be of interest to compare the protection
afforded by the present laws (see p. 103 for summary of this legisla
tion and pp. 109-121 for texts o f laws) with the situation existing in
1922 and with accepted child-welfare standards as summarized in the
following pages.
SUM M ARY OF CONDITIONS IN 1922 IN NORTH DAKOTA AS COM
PARED W ITH ACCEPTED CHILD-W ELFAR E STANDARDS

The provision made in North Dakota in 1922 for the care and pro
tection o f children may be measured by the criteria set forth in the
Minimum Standards for Child Welfare Adopted by the Washington
and Regional Conferences on Child Welfare in 1919.2 The prelimi
nary statement in the section of the standards referring to children
in need o f special care deals with the fundamental rights o f child
hood—normal home life, opportunities for education, recreation, vo
cational preparation for life, and moral, religious, and physical
1 On the recommendation of the South Dakota Child-Welfare Commission in its first
biennial report to the State legislature, bills on the following subjects were presented to
the 1921 session and enacted into law : Appointment of county child-welfare boards to be
composed of two citizens and the county superintendent of schools, the county superin
tendent o f health, and the county judge as ex officio members (S. Dak., Laws of 1921,
ch. 142). Creation of a division of child hygiene in the State board of health (ibid.,
ch. 371, sec. 2 ). Removal of girls from the State training school for delinquent children
and provision o f a new institution for them (S. Dak., Rev. Code 1919, sec. 5509, as
amended by Laws of 1921, ch. 391). Increase of the school-attendance age requirement
to 17 years unless a child had completed the eighth grade or was otherwise exempt under
the law (ibid., sec. 7642, as amended by Laws of 1921, ch. 199, sec. 1, subdiv. 1). In
crease of the “ mothers’ allowance ” grant from $15 a month for the first child and. $7
for each additional child to $22.50 for the first child and $10 for each additional child
(ibid., sec. 10023, as amended by Laws of 1919. ch. 263, as amended by Laws of 1921,
ch. 291, sec. 1). Appointment of women probation officers in cases affecting girls and
of paid probation officers in counties having a population of 15,000 or more (ibid., sec.
9995, as amended by Laws of 1921, ch. 141, sec. 1 ). Exclusion of the general public
from hearings of children’s cases and establishment of the privacy of records in juvenile
cases (ibid., sec. 9998, as amended hy Laws of 1921, ch. 141, sec. 2 ). In 1923 South
Dakota passed the uniform illegitimacy act, which was passed also in North Dakota in
that year (see p. 104 and footnote 4, Appendix A, p. 117) (S. Dak., Laws o f 1923,
ch. 295).
2U. S. Children’s Bureau Publication No. 62, pp. 10-14. Washington, 1920.
96

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deyelopment— and the responsibility o f the State with reference to
children in need of special care. The conditions in North Dakota
will be discussed under substantially the same headings as those
used in the standards.
STATE SUPERVISION

The minimum standards for child welfare recommend the licens
ing, inspection, and supervision o f child-caring agencies and insti
tutions by a State board o f charities or similar body, and the incor
poration o f private organizations caring for children, subject to
the approval of such a State board. The North Dakota law pro
vided for incorporation by the secretary o f State o f private agencies
engaging in placing out dependent or neglected children. Maternity
hospitals, boarding homes for children, or persons or agencies en
gaging in placing children in family homes were required to obtain
licenses from the district court o f the counties in which they were
situated. There was no State supervision of institutions or agencies.
ASSISTANCE TO MOTHERS

The standards affirm that the policy o f assistance to mothers who
are competent to care for their own children is well established, and
that it is generally recognized that the amounts should be sufficient
to enable the mother to maintain her children suitably in her own
home without resorting to such outside employment as will neces
sitate leaving her children without proper care and oversight. It is
further stated that the amount required can be determined only by
careful and competent case study, renewed from time to time to
meet changing conditions. Most o f the counties in North Dakota
granted aid to mothers o f dependent children. The law permitted
a maximum monthly grant of $15 per child; in half the counties
reporting the amounts granted, the average per child was from $5
to $11. A large proportion o f the families were reported as having
no income other than the grants for dependent children. The in
quiry indicated that there was very little real social investigation
into the conditions in the homes, and practically no supervision o f
the families receiving aid, in order to safeguard the welfare o f the
children. The age limitation of 14 years was not- in conformity with
the compulsory education and child labor laws.
REMOVAL OF CHILDREN FROM THEIR HOMES AND CHILD PLACING

The standards assert that no child should be permanently re
moved from his home unless it is impossible so to reconstruct family
conditions or build and supplement family resources as to make the
home safe for the child, or so to supervise the child as to make his
continuance in the home safe for the community. The application
o f this standard depends upon the type of social case work that is
done. Legal provision for supervisory authority by the State would
make it possible to set standards with reference to the acceptance
o f children dealt with by agencies and institutions, and to assist
such organizations in promoting reconstructive work with families.
A State program of county organization for the care and protec
tion o f children would be especially effective in preventing abuses

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DEPENDENT AND DELINQUENT CHILDREN

largely attributable to the inadequate staffs o f the child-caring
agencies and the inaccessibility o f social agencies to sparsely settled communities.
The standards require adequate study o f the child and his family
and of the prospective foster home before placement, and super
vision after placement, consent of a State department or a court
before the legal guardianship of a child is transferred, and inves
tigation before a child’s custody is awarded in adoption.
In North Dakota there was no State supervision over the placingout work done by agencies or institutions. Other States have found
this a necessary public policy for the protection of children. The
inadequacy of the staffs o f the agencies studied prevented them from
maintaining a high grade of investigation before placement and of
later supervision. Conditions in this comparatively new State were
Such that abuses perhaps were less prevalent than might be the
case in some other localities if similar lack o f investigation and
supervision existed. But the study revealed serious need for raising
the standards o f agency work involving dependent children.
Legal guardianship could be transferred without court action or
the authorization o f a public agency. It was noted in the study that
69 per cent o f the children received for permanent care by a large
child-caring agency were removed from the custody of their parents
through a release signed by the parents, in contrast with 24 per cent
who were removed by a court order, and 7 per cent who were re
ceived from other agencies or individuals (many of whom had pre
viously been received through assignment by the parents).
In only two or three localities was there any evidence o f an effort
to make adequate inquiry into the circumstances surrounding adop
tions. Legislation that will safeguard the rights and elf are of
children placed for adoption is being recognized increasingly as a
necessary part o f a State program for child protection. The re
quirements should include an investigation o f the reasons for removal
from the custody o f the parent or parents and the possibility of
avoiding such removal, as well as investigation into the character
o f the prospective foster home. A period o f placement before the
child’s custody is legally awarded makes it possible to continue the
oversight o f the child until it is known that conditions are satis
factory.
CHILDREN IN INSTITUTIONS FOR DEPENDENTS

According to the standards the stay o f children in institutions for
dependents should be as brief as possible, and while they remain
there their condition should approximate as nearly as possible that
o f normal family life, It is a fortunate circumstance in the history
o f child-caring work in North Dakota that from the beginning the
great majority o f dependent children have been placed by agencies
in family homes. Besides the receiving home o f the Children’s
Home Society, there is only one institution in the State primarily
for the care of dependent children.
Two situations that needed correcting were observed, however.
Ope was the commitment of dependent children to the State train
ing school, the institution for the training o f delinquent children.

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The other was the practice in some counties o f
almshouses. Although the almshouses gave the
the best kind of care possible in institutions
provide for a class o f unfortunate adults, they
be desirable homes for children.

keeping children in
children, in general,
designed mainly to
obviously could not

PROTECTION OF CHILDREN BORN OUT OF WEDLOCK

The standards recommend that, except in unusual cases, both par
ents o f a child bom out o f wedlock should be held responsible for
the child during minority, recognizing that the care o f the child by
his mother is highly desirable, particularly during the nursing
months. They also recommend consent o f a State department or a
court befpre the surrender o f the child outside his own family is
permitted, and suitable provision for establishing paternity and
guaranteeing to the children the rights naturally belonging to chil
dren born in wedlock, asserting that the fathers o f children born out
o f wedlock should be under the same financial responsibilities and
legal liabilities as other fathers.
The North Dakota law contained two notable provisions, but one
o f them was vitiated and the other nullified by sections with which
they were combined. The first was the section o f the illegitimacy
law passed in 1917, declaring every child to be the legitimate child
o f its natural parents. This provision was excellent so far as it
concerned the rights o f the child to inheritance and support, but the
sections o f the law dealing with proof o f paternity needed revision
to make more readily applicable the benefit o f the law legitimizing
children born out o f wedlock. The returns from the counties cited
in this report indicate how infrequently such action was taken. An
astonishingly large number o f children o f illegitimate birth taken
under the permanent care of agencies were removed from the cus
tody o f the mother with no apparent attempt to apply the law in
their behalf. In one year 237 children born out o f wedlock from 43
counties were cared for by agencies supported by private funds and
by payments made by the persons relinquishing children to them,
whereas only 26 cases for determination o f paternity and support o f
the child by the father were reported by the district courts o f 27
counties. (See p. 68.)
The second law referred to, passed in 1919, was “A n act making
it unlawful to separate or cause to be separated any child under 6
months o f age from its mother,” etc. This contained the qualifica
tion that such separation should not occur “ without written consent
o f the m o th e r w h ic h destroyed the apparent purpose o f the act.
The qualification was further unfortunate in that it appeared to
place the sanction o f law upon the custom o f receiving children
through parental release instead o f through commitment by a court
or other authorized public agency. In fact, 79 per cent o f the
children o f illegitimate birth cared for by the four child-caring
agencies in North Dakota within the period o f the study were
received from the mothers when less than 6 months o f age. (See
p. 64.)
CARE OF PHYSICALLY HANDICAPPED CHILDREN

According to the standards special care and educational oppor
tunities for deaf, blind, and crippled children should be provided

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DEPENDENT AND DELINQUENT CHILDREN

in the public educational system, local or State. In North Dakota
the State schools for the deaf and the blind furnished education and
maintenance during the school term for children of school age. A
small number of younger children had been given special training
at State expense in a home for blind babies in another State. There
was no local provision for training blind or deaf children, nor any
special provision, State or local, for the training of crippled chil
dren. Some orthopedic treatment for crippled children had been
provided through private funds. Some material concerning physi
cally handicapped children which the agents o f the children’s
bureau gathered in the course o f the field study was sent to the North
Dakota Children’s Code Commission for possible use by them in
their proposed inquiry into this problem. Because o f its incomplete
character, this material has not been incorporated in this report.
CARE OF MENTALLY DEFECTIVE CHILDREN

The standards recommend that the State should assume responsi
bility for thorough study o f the extent o f feeble-mindedness and
subnormality in the school and general population. They also would
require that adequate provision be made for mentally defective chil
dren in need o f institutional care, although custodial care should
not be resorted to if adjustment within the community is possible,
and that special schools or classes ,with qualified teachers and ade
quate equipment be provided for such defective children as may b e.
properly cared for outside o f institutions. Further, it is asserted
that it is the duty o f the State to provide for supervision and after
care of feeble-minded persons at large in the community, especially
those paroled from institutions.
The Children’s Bureau found the facilities for clinical study to
determine mental condition very limited in North Dakota. Special
training for subnormal or defective children was provided in only
a few places. There was a long waiting list of children for whom
application had been made for admission to the State institution for
the feeble-minded. There were also numerous instances o f feeble
minded persons whose condition apparently made it desirable that
custodial care should be provided for them, or such supervision as
would safeguard them and the community.
Because a more comprehensive study seemed desirable than could
be made in connection with the Children’s Bureau survey o f State
conditions relating to children in need o f special.care, it was sug
gested that the National Committee for Mental Hygiene be asked
to, study the prevalence o f mental defect in the State and the need
for further care and protection of children and adults so handi
capped (see p. 2).
JUVENILE COURTS

The standards recommend a court organization in every locality
providing for separate hearings o f children’s cases; a special method
o f detention for children, entirely apart from that provided for
adult offenders ; adequate investigation in every case, and provision
for mental and physical examinations ; supervision or probation by
trained officers (suoh officers in girls’ cases to be women) ; and a
system o f recording and filing soeial as well as legal information.

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101

They also recomrnend that the procedure should be under chancery
jurisdiction and that juvenile records should not stand as criminal
records against the children; and in order to safeguard juvenile
victims of sex offenses they favor the extension of the jurisdiction
o f the juvenile court to deal with adult sex offenders against chil
dren, or if these cases are dealt with in other courts, the exercise of
special precautions for the protection of children. Whenever pos
sible, according to the standards, such administrative duties as child
placing and relief should not be required of the juvenile court but
should be administered by agencies organized for that purpose.
North Dakota had a law (not yet in full force at the time o f the
bureau’s study) apparently designed to offset the disadvantages
o f having the juvenile jurisdiction in a court (the district court)
which serves a large number o f counties. The juvenile commis
sioners provided for in the law had not been employed in all the
judicial districts of the State. Their duties combined those of a
referee, probation officer, investigator, and—in practice—-general
social worker to whom all types of complaints were made.
Undoubtedly there was much in this plan that had already
proved o f value, especially in dealing with delinquency problems
in rural communities, and much that could be developed if an ade
quate number of commissioners or assistants are provided, or if
some plan for social work in the counties is evolved. It is obviously
impossible for the two or more commissioners i in large districts to
handle the work without local assistance in investigation, supervi
sion, and efforts toward the prevention of juvenile deliquency. Even
with the use o f volunteer probation officers, which had been the cus
tom, there was little evidence o f effective probationary supervision.
Although in general the principles governing juvenile-court pro
cedure were followed, there were, nevertheless, instances of formality
in the hearings and other features that reverted to the procedure
used in other types of court. In a number o f counties children
charged with serious or minor offenses were heard in regular ses
sions o f the district court and in police courts. Records against
such children were entered in the regular dockets o f these courts.
Very few facilities for ,physical or mental examinations o f chil
dren were available to the courts. There was no legal prohibition
of jail detention o f children, and detention in jails was not uncom
mon in the counties covered by the study. However, in general the
commendable practice was . followed of keeping children in their
own homes pending hearing. With the possible exception of one
or two of the largest counties, the numbers of children requiring de
tention were, so small as to make the provision of special detention
homes unnecessary. Arrangements for occasional detention in
family boarding homes could doubtless be made in most cases.
Records in many courts were very inadequate. Offenses of adults
against children were not under the jurisdiction o f the juvenile
court, but were handled through the formal procedure of the district
court in public session (few cases of this nature were reported as
having come before the North Dakota courts).
Because of the absence o f agencies dealing with dependency cases,
and sometimes in. cities where such agencies were available, the
juvenile commissioners frequently undertook to deal with this type
of need.

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SPECIAL NEEDS IN RU RAL COMMUNITIES

The standards call for the application o f the best principles of
child care to rural needs, and for the adaptation of agencies for rural
service to the needs o f rural communities, with the county as the
best administrative unit. The social work available to sparsely
settled communities and rural sections in the largely rural State o f
North Dakota was limited almost entirely to the public-health nurs
ing that reached the school children in a few rural districts. Except
for public outdoor relief, assistance to families in necessitous cir
cumstances was given only in the larger cities. Protection of
children against destitution and neglect and organized effort for
the prevention o f juvenile delinquency in rural communities were
needed. Resources for child-welfare work reaching into the remotest
parts o f the counties, and affording protection to city and country
children alike should decrease the problem of dependency, neglect,
and delinquency, and give to the handicapped child the special help
needed to make him a useful member of the community.3
LEGISLATION NEEDED, A S INDICATED B Y THE STUDY

The facts revealed by the North Dakota study indicated the need
for State supervision over institutions and agencies and over placing
out o f dependent children, and for State supervision or promotion
o f the work o f juvenile courts, probation, and parole from institu
tions. State regulation o f the child welfare work o f the State
Humane Society, which received a small State subsidy, was also
needed. The mothers’ aid law required amendment to provide
for some form o f State supervision or assistance in its administra
tion, and for raising the age to which aid might be granted to 16
years, in order to comply with compulsory school attendance and
child labor laws. Changes in the law relating to “ importation n of
dependent children, which would place its administration under
State auspices, were needed. The law in effect at the time o f the
study provided for a bond o f $500 to each county, apparently for
any number o f children brought in by a society, and left the matter
entirely in the hands o f the county officials.
Control o f parental release o f dependent children to the permanent
custody of institutions or agencies, provision for investigation in
adoption cases which would cover the need for removal from the
custody o f the parent or parents and conditions in the prospective
adoptive home, prohibition o f commitment o f dependent children
to the State training school, and regulation o f the keeping o f
children in almshouses, were subjects on which legislative action was
required.
A separate State training school for delinquent girls was urgently
required. Boys and girls were kept in the same institution. The
* Under the act for the promotion of the welfare and hygiene of maternity and infancy,
enacted into law in 1921 (42 Stat. 135), each State which cooperates with the Federal
Government receives $5,000 outright, an additional $5,000 is available to each State, if
matched, and a further sum is distributed among the States on the basis of population.
The work is directed particularly to the rural districts, isolated groups, or special ele
ments among the population. Little or no work is done in the larger centers except for
training or demonstration purposes, surveys, or consultation work. Child-health confer
ences and general health and nutrition work for children of preschool age and expectant
mothers constitute the major activities. (See reports on the Promotion of the Welfare
and Hygiene of Maternity and Infancy, U. S. Children’s Bureau Publications Nos. 137,
146, and 156, Washington, 1924, 1925, and 1926.)

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law relating to contributing to the delinquency o f minors required
amendment.
Changes in the nonsupport law were needed, and also in the law
relating to the establishment of paternity o f children of illegitimate
birth, making that law more practicable and coordinating the earlier
sections o f the law with the last section, which provided for support
as if born in wedloek.
It was desirable that training within the State, instead o f in a
distant State, should be provided for blind and deaf children under
the age o f admission to the State schools, and that provision for the
treatment and training o f crippled children should be made. In
crease in the facilities for the care of mentally defective children in
the State institution, and provision for public-school training of sub
normal and defective children not requiring custodial care, were
needed.
The creation o f a new State board or official, or the designation o f
an existing State board, to have administration o f laws relating to
State supervision o f institutions, maternity homes, and child placing,
and to promote juvenile-court work throughout the State, was
needed. The duties o f such a board or official (who might be termed
State commissioner of public welfare), should include the following:
Promotion o f a constructive program o f State public welfare,
especially through encouragement o f county organization o f con
structive social work.
Administration o f laws relating to State supervision ô f agencies
and institutions and placing out o f dependent children.
Supervision o f county administration o f mothers’ allowances, and
possibly of poor relief.
Promotion o f juvenile-court and probation work throughout the
State.
The study also suggested the need for county superintendents of
public welfare, whose duties might include the following:
Promotion and safeguarding o f recreation.
Promotion o f public-health activities.
Seeking out cases o f dependency, delinquency, and defect, and
building up preventive and reconstructive work.
Coordination o f charitable effort in the county.
Service as probation officer for juveniles, when no other officer is
provided in the county.
Service as parole officer for juveniles and adults released from all
State institutions, including insane, feeble-minded, delinquent, etc.
Assistance to the county judge in the administration o f mothers’
allowances by investigation and supervision.
Assistance to the county commissioners in the administration o f
public relief to families.
Enforcement o f school attendance laws, when no other officer is
provided by the county or State.
Acting as,agent o f the State board o f public welfare in the admin
istration of laws relating to child protection.
LEGISLATION ENACTED IN NORTH DAKOTA IN 1923

As a result of the recommendations o f the North Dakota Children’s
Code Commission, 25 bills were submitted to the legislature, which

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DEPENDENT AND DELINQUENT CHILDREN

enacted 20 o f them into law. The most important* law provided for
making effective the child-protective measures existing or recom
mended for enactment by extending the powers and duties o f the
State board o f administration, the agency controlling State institu
tions. This board was given power to license and supervise mater
nity hospitals and homes and child-helping and child-placing organi
zations ; to investigate adoptions and homes in which children are
placed for permanent care ; to accept the guardianship o f children
committed to its care by courts; to cooperate with the juvenile
courts in investigations and upon request of the courts to act as
probation officers and assist in establishing standards o f juvenilecourt administration ; to cooperate with county courts in the adminis
tration o f the mothers’ pension law; to obtain the enforcement of
laws relating to children of illegitimate birth, child labor laws, deser
tion and nonsupport laws, and other laws for the protection o f
children; to cooperate with the superintendent of public instruction
and the county superintendent o f schools in the enforcement of the
compulsory education law; to receive and provide for feeble-minded
persons committed to its guardianship by courts ; to act as parole
officers o f juveniles on request of courts or institutions; to inquire
into such home and community conditions as tend to promote delin
quency and neglect; and to promote remedial or preventive
measures.4
Other important bills passed related to the following : 5
1. Provision for enforcing parental responsibility for the support
o f children born out o f wedlock.6
2. Amendment o f the mothers’ pension law, raising the age to 16
years 7 and making certain other changes.
3. Prohibition of the assumption o f permanent care o f children
by any person other than the parents or relatives, or by any partner
ship, association or corporation, except upon court order or decree.
4. Amendment of the laws dealing with adoption of children, pro
viding for notice to the State board of administration, investigation
by the board, and a six-month trial period.
5. Definition and regulation of maternity hospitals, providing for
licensing, and prohibiting maternity hospitals from disposing of
infants by placing them in family homes for adoption or otherwise.
6. Prohibition o f the placing out o f children by maternity hos
pitals, maternty homes, or private persons without a license from the
State board o f administration.
7. Licensing and regulation of homes and institutions caring for
more than three children under 18 years o f age.
8. Licensing and regulation o f persons or corporations engaged in
the placement o f children in family homes for permanent or tem
porary care.'
9. Amendment o f the law relating to the bringing o f dependent
children into the State or taking them from the State, placing the
jurisdiction in the . hands o f the State board o f administration
instead o f the county officials as before.
* For text of the law, see Appendix A, p. 109. Upon the enactment of this law a childwelfare bureau was.organized (July 1, 1923) as a division of the State board.
5 For text of the laws, see Appendix A, p. 1Ó9.
8
This law is. substantially the uniform illegitimacy act drafted by the National Confer
ence of Commissioners on Uniform Laws.
(Appendix A, p. 117,) The law declar
ing every child to be the legitimate child of its natural parents was repealed.
7 In 1925 the age was reduced to 15.

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10. Provision for the care and treatment o f crippled children
through arrangement made by the State board o f administration
with hospitals within the State equipped to give the necessary medi
cal and surgical service.
11. Prohibition o f the placing of dependent children in alms
houses or in institutions in which delinquent children are kept.8
12. Incorporation o f societies for the care and placement o f
children.
13. Abandonment or neglect of wife or child and nonsupport o f
family.
14. Indecent liberty with person of a child.
15. Amendment o f the act relating to the rights o f both parents
to the custody, services, and earnings o f a legitimate unmarried
minor child.
16. Amendment of the act relating to abandonment o f children.
The bills which failed to pass dealt with the following matters :
1. Appointment o f county child-welfare boards to act for the
State board o f administration in furthering the interests and welfare
o f all children in the county.9
2. Creation o f a juvenile-research bureau in connection with the
State university.
3. Regulation of the employment o f children in street trades.
4. Commitment and care o f the feeble-minded.
5. Amendment of the juvenile court act.
The four bills listed as 2, 3, 4, and 5 passed the upper, house o f the
legislature.10
8 See footnote 9, p. 8.
9 This bill failed of passage in the senate. For text, see Appendix B, p, 122.
10 Laws enacted in 1925 in North Dakota concerning the welfare of children relate to

the administration of mothers’ allowances (Laws of 1925, ch. 165) ; the regulation of
public dance halls (ibid., ch. 128), and the State training school, raising the maximum
age of commitment to this institution from 20 to 21 years and otherwise amending the
law governing the institution (ibid., ch. 196). The appropriation to the board of admin
istration for the administration of child-welfare laws was $ 11,000 for the biennium
July 1, 1925, to June 30, 1927 (ibid., ch. 17).

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Appendix A.— LAWS RELATING TO CHILD WELFARE
ENACTED IN NORTH DAKOTA IN 1923
POWERS A N D DUTIES OF BOARD OF ADM INISTRATION
P o w e r s a n d d u t i e s .— In addition to the other duties prescribed by law the
board of administration shall have the following duties and powers :
(a) To license, supervise, and regulate hospitals and lying-in places, which
receive women for maternity care, homes and institutions receiving children
for temporary or permanent care, and all other child-helping and child-placing
organizations (except such hospitals, institutions, or organizations as are
fully supported by, and under, the direction, control, and management of the
State) :
(b) To investigate the homes into which children are placed for permanent
care or adoption, and to withdraw all such children who are found to be in
unsuitable homes :
(c) To investigate petitions for the adoption of children, as such petitioners
are referred by courts of competent jurisdiction to the board, and to report
to such courts as to the suitability of the home and the child each to the
other:''
1
■ 1
■
(d ) To accept the guardianship of the persons of children who may be
committed to its care by courts of competent jurisdiction as neglected, delin
quent, dependent, or defective, and to make such provision for children so
committed, as are within the resources of the board, and as will afford them
proper care and protection :
(e) To cooperate with the juvenile courts of the State in the investigation
of all cases of delinquency, dependency, and neglect, to act upon requests of
such courts as probation officers, and to assist in the establishing of uniform,
humane, and efficient standards of juvenile court administration :
(f ) To cooperate with county commissioners or the county courts of the
State in the administration of the (county allowance) mother’s pension law
by investigation, upon request of such courts, or county commissioners, of all
applications for such allowance, by friendly visiting and supervision after
such allowances have been granted, and to assist in the establishment of the
most enlightened standards of administration:
(g) To secure the enforcement of laws relating to the establishment of the
paternity of illegitimate children and the fulfillment of the maternal and
paternal obligation toward such children ; to assist the unmarried pregnant
woman and unmarried mother in such ways as will protect the health, well
being, and general interests of her child :
(h ) To secure the enforcement of the child tabor laws, laws relating to sex
offenses involving children, cruelty to and abuse of children, and the contribut
ing by adults to the delinquency and neglect of children, and laws relating to
the nonsupport and desertion of children :
.
(i) To cooperate with the superintendent of public instruction and the county
superintendent of schools in the enforcement of the compulsory education
law :
...........................
.
.
( j ) To receive and provide for such feeble-minded persons as may be com
mitted to its guardianship by courts of competent jurisdiction :
(k ) To cooperate with the boards of county commissioners in the selection
of child-welfare workers and boards:
n
(l) To act as parole officers of juveniles upon the request of courts or of
superintendents of institutions of the state to which dependent, neglected,
handicapped, or delinquent children may be committed :
(m ) To secure the enforcement of all laws for the protection of neglected,
dependent, delinquent, illegitimate, and defective children, and those in need
of the special care and guardianship of the State, to take the initiative in

109

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DEPENDENT AND DELINQUENT CHILDEEN

protecting and conserving the rights and interests of such children, to in
quire into such home and community environmental conditions as tend to create
delinquency and neglect and to promote such remedial or preventive measures
as will strengthen parental responsibility and stimulate wholesome community
life, and to perform such other duties as may be conferred upon the board
by the laws and statutes of this State. [L aw s o f 1 9 23 , ch. 15 0, sec. 1 .]
S a l a r i e s a n d e x p e n s e s . — The board shall have authority to employ and fix
the salary of an executive officer and such agents as shall be necessary to
carry-out the purpose of this act, and to pay such expenses as are incidental
to the performance o f such duties, [Ib id ., see. 2 .]
R e p e a l . — All acts
or parts of acts inconsistent herewith are hereby
repealed. [Ib id ., sec. 3 .]

ADOPTION
C o n s e n t ; n o t i c e ; h e a r i n g . — Except as herein provided no adoption of a
minor child shall be permitted without the consent of its parent or parents,
but the consent of a parent who has abandoned the, child, of can not be found,
or who is insane or otherwise incapacitated from giving consent, or who has
lost custody of the child through divorce proceedings or the order of a juve
nile court, may be dispensed with, and consent may be given by the guardian,
if there be one, or if there be-no guardian by the board of administration.
In case of illegitimacy the consent of the mother shall suffice; provided, how
ever, that her consent may be dispensed with for any of the reasons herein
before stated.
When the parents of any minor child are dead, or have abandoned it, and
can not be found, and such child has no duly appointed guardian in the State,
the court shall order a hearing with three weekly published notices to be
given, the last publication to be at least ten days before the time set for the
hearing. In every such case the court shall cause such further notice to be
given to the known kindred of the child as shall appear to be just and prac
ticable; provided, that if there be no duly appointed guardian, a parent who
has lost custody of the child through divorce proceedings, and the father of
an illegitimate child who has acknowledged its paternity in writing, or against
whom paternity has been duly adjudged, shall be served with notice in such
manner as the court shall direct in all cases where the residence is known
or can be ascertained. [Com p. L aw s 1 9 1 3 , sec, 4 4 4 4 , as amended and re
enacted b y Law s of 1 9 2 3 , ch. 15 1 , sec. 1 .]
J u r is d ic tio n ; p e titio n ; n o tic e to h oa rd o f a d m in is tr a tio n ; in v e s tig a tio n and
r e p o r t ; t r i a l r e s i d e n c e ; r e c o r d s . - —Any person may petition the district court,

or county court having increased jurisdiction,; in the county in which he is
a resident, for leave to adopt a minor child, and if desired for a change of
the child’s name. Such petition by a person having a husband or wife shall
not be granted unless the husband or wife joins therein.
Upon the filing of such petition the court shall require notice to be sent
to the board of administration, together with a copy of the petition so filed.
It shall then be the duty of the board to verify the allegations of the petition ;
to investigate the conditions and antecedents of the child for the purpose o f.
ascertaining whether he is a proper subject for a d o p tio n a n d to make proper
inquiry to determine whether the proposed foster home is a suitable home
for the child. The board shall as soon as practicable submit to the court a
full report in writing with a recommendation as to the granting of the
petition and any other information regarding the child or the proposed foster
home which the court shall require, and no petition shall be granted until
the child shall have lived for six months in the proposed foster hom e;
provided, however, that such investigation and period of residence may be
waived by- the court in exceptional cases upon good cause shown and when
the court is satisfied that the proposed home and the child are suited to each
other. Provided, that in all such cases the board shall receive notice of the
filing of the petition and a copy thereof, together with the order of the court
waiving investigation.
The files and records of the court in adoption proceedings shall not be
open to inspection or copy by other persons than the parties interested and
their attorneys and representatives of the board of administration, except
upon an order of the court expressly permitting the same. [Ib id ., sec. 4 4 4 6 ,
as amended and reenacted b y Law s of 1 9 2 3 , ch. 15 1 , sec. 2.1
R e p e a l . —r A ll acts or parts of acts in conflict herewith are hereby repealed.
[L a w s o f 1 9 2 3 , ch. 15 1 , sec. 3 .]

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TRANSFER OF RIGHTS IN CHILDREN
A s s i g n m e n t o f c h i l d r e n p r o h i b i t e d . — No person, partnership, voluntary asso
ciation, or corporation, other than the parents or relatives of a child, may
assume the permanent care and custody of a child under the age o f eighteen
years, unless authorized so to do by an order or decree of a district court
having jurisdiction. No parent shall assign, or otherwise transfer his rights
or duties with respect to the care and custody of his child under eighteen
years of age, and any such transfer or assignment, written or otherwise,
hereafter made shall be void. Provided, that this section shall not affect
the right of the parent to consent in writing to the legal adoption of his
child, but such written consent shall not operate to transfer any right in the
child in the absence of a decree by the district court. [L aw s of 1 9 2 3 , ch. 152,
sec. 1.]
R e p e a l . — Chapter 77, Laws of 1919, and all other acts or parts of acts
inconsistent herewith, are hereby repealed. [Ib id ., sec. 2 .]
P e n a l t y — Any person who violates any of the provisions of this act shall
upon conviction be guilty of a misdemeanor.
[Ib id ., sec. 3 .]

MOTHERS’ PENSIONS
A l l o w a n c e t o m o t h e r s , — In every county in the State of North Dakota any
mother who has one or more children under the age of sixteen years,1 who
are dependent upon her for support, shall receive an allowance of fifteen
dollars a month for each such child, or such portion of it as becomes necessary
for the support of each such child, such sum to be paid out of the county
treasury as hereinafter provided. Said dependency of child or children must
be due to death of father or his inability or unfitness to support them ^by
reason of physical or mental ailment or to his confinement in a penal institu
tion, when such inability extends over a period of at least six months. [Law s
o f 1 9 1 5 , ch. 185, sec. 1, as amended and reenacted b y Law s of 1 9 2 3 , ch. 15 6,
sec. 1.]
C o n d i t i o n s o f a l l o w a n c e . — Such allowances shall be made by the county cou rt0
only with the approval of the county commissioners and only upon the follow
ing conditions:
(1) The child or children for whose benefit the allowance is made must be
living with the m other;
(2) The allowance shall be made only when in its absence the mother
would be unable to maintain a suitable home for her children;
(3) The mother must in the judgment of the county court be a proper
person morally, physically, and mentally for the bringing up of her children;
(4) When the allowance shall be necessary in the judgment of the county
court to save the child or children from neglect;
(5) When the mother has been a resident of the county in which the appli
cation is made at least one year previous to the making of such application;
(6 ) When the mother is a citizen of the United States, or has legally de
clared her intention to become a citizen;
(7) W hen it appears that any mother, whose children are dependent by
reason of the nonsupport, abandonment or desertion of her husband for six
months or longer, has made criminal complaint against such husband, or father
of the children, and has assisted and will continue to assist in all reasonable
efforts to locate and to prosecute him.
u ( 8 ) W h e n it appears that the father of the dependent children is physically
or mentally unable .or unfit to support them, he must be under. proper and
reasonable treatment for the possible removal of such defect.
(9) Each applicant under this act sfiall make a full disclosure of all of
her real and personal property, if any, and shall not be eligible for an allowance
when in the opinion of the court she has sufficient real and personal property to
provide for the needs of her children.
(10) I f the county court finds that the funds allowed under this act are not
judicially [sic] used it may order the allowance made in supplies and provisions
in which case it shall be administered by the county child-welfare board, if

i By an amendment of 1925 this age has been reduced to 15 years. N, Dak., Laws of
1925, ch. 165, sec. 1.
“ By an amendment of , 1925 the administration of the law is placed under the county
commissioners.

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there be one, or by some proper person appointed by the court.* [Ib id .,
sec. 2 .]
W h e n a l l o w a n c e s h a l l c e a s e . - —When any child shall reach the age of sixteen
years any allowance made to such mother for the benefit of such child shall
cease.
[Ib id ., sec. 3 .]
I n v e s t i g a t i o n . — Before making any order of allowance under this act it
shall be the duty of the court, either through the judge in person or a proba
tion officer designated for that purpose, to make inquiry as to all the points
necessary to establish the right to such allowance, and particularly to inquire
whether the surroundings of the household, including its members, are such
as to make for the good character of children' growing up therein; to ascertain
all the financial resources of the family, including the ability of its members
of working age to contribute to its support, and if need be to urge upop
such members, their proper contribution; to take all lawful means to secure
support for the fam ily from relatives under legal obligation to render such
support; to ascertain the ability of other relatives to assist the family, and
to interview individual societies and other agencies which may be deemed
appropriate sources of such assistance. Every family to which an allowance
has been made shall be visited at its home by a representative of the court
at least once in three months, and after each visit the person making the
same shall make and keep on filé as a part of the official record of the case a
detailed statement of the condition of the home and family, and all other
data which may assist in determining the wisdom of the allowance granted
and the advisability of its continuance. [Ib id ., sec. 4 .]
D u t i e s o f c o u n t y o f f i c e r s .— In each case where an allowance is made under
the provisions of this act and approved by the board of county commissioners
an entry to that effect shall be made upon the records of the county court
making such allowance, and the county judge shall notify the county commis
sioners, county auditor, and county treasurer that such allowance will be
made, and it shall be the duty of such officers to make provision for paying
such allowance monthly until notified by the court that it shall be discontinued.
[Ib id ., sec. 5 .]
A p p l i c a t i o n ; h e a r i n g . — Applications shall be made in writing to the county
court by a person desiring aid or by some citizen in her behalf, stating her
residence, whether the applicant is a citizen or has declared her intention to
become a citizen, the number of dependent children, their ages, and a detailed
statement of her real and personal property, if any, and of her income, if
any, together with an estimate of her probable needs in order to maintain
her home. The court shall set a day for a hearing, giving notice in writing
to the county commissioner of the district in which such woman resides, and
to the county child-welfare board, if there be one. The hearing shall be not
less than fifteen days from the date of such notice. Any interested tax
payer may file a statement with the court, or may appear in person on the
day set for the hearing, in support of, or protest against, the granting of
such application, and may appeal to the district court for reversal or modifi
cation of the action of the county court o r 3 the Board of County Commis
sioners on such application. [Ib id ., sec. 6 .]
D u t i e s o f b o a r d o f a d m i n i s t r a t i o n . — It shall be the duty of the board of
administration to promote efficiency and uniformity in the administration of
this act, and to that end it shall advise and cooperate with county courts
with respect to methods of investigation, oversight and record keeping; shall
in cooperation with the county judges advise, recommend and distribute blank
forms and shall assist the county judges in such other ways as may be
requested by them. [Ib id ., sec. 7 .]
*v
P u r p o s e o f a c t . — 'T he purpose _of this act is hereby declared to be to enable
the State and its several counties ta cooperate with the responsible mothers
in rearing future citizens. The court may at any time alter, modify, or dis
continue any allowance granted whenever it shall appear that such purpose
is not being fulfilled. It is the further purpose of this act to provide perma
nent aid to such mothers and their children as come within its provisions.
A ll temporary aid shall be granted under such laws as exist for that purpose.
[Ib id ., sec. 8 .]

words

amendment of 1925 the words “ appointed by the court ” are replaced by the
appointed by the commissioners” (N. Dak., Laws of 1925, ch. 165, sec. 2, subdiv.

8By an amendment of 1925 the words “ the county court o r ” are omitted (N. Dak.,
Laws of 1925. ch. 165, sec. 6).

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C a n c e l l a t i o n .— A ll mothers’ pensions granted prior to the time of the taking
effect of this article, under the laws now enforced, are by this act cancelled
and no further payments shall be made thereunder. [Ib id ., sec. 9 .]
P e n a l t y f o r v i o l a t i o n .— Any person fraudulently procuring or attempting to
procure an allowance under this act shall be guilty of a misdemeanor, unless
the fraudulent act shall constitute a felony under the laws of the State. [Ib id .,
sec. 1 0 .]

IMPORTATION A N D EXPORTATION OF CHILDREN
I m p o r t a t i o n o f c h i l d r e n .— Any person, partnership, voluntary association,
or corporation which undertakes to bring or send children from any State
into this State for placement in fam ily homes, shall first procure a license
from the board o f administration and file with that board a bond to the State
in the sum o f one thousand dollars, to be approved by the attorney general,
conditioned that no child will be brought into the State who is incorrigible,
unsound of mind or body, or likely to become a public charge; that any child
so brought in will be promptly removed upon notice from the board ; that
upon the placing of children brought into the State in fam ily homes a report
will be made to the board; and that all the provisions of the statutes relating
to the placement of children will be complied with. Provided, however, that
this section shall not apply to a- resident of the State who personally brings
a child into the State for permanent care or adoption into his own family,
except that in such case he shall report to the board his own nam e.and ad
dress, the name of the child, and the name and address of the person, or
ganization, or institution from which the child was received. [L aw s of 1 9 2 3 ,
ch. 159, sec. 1 .]
E x p o r t a t i o n o f c h i l d r e n .— No person, partnership, voluntary association, or
corporation shall take or send any child out of the State for placement in a
fam ily home in another State without first securing the consent of the board
o f administration so to do, and without first reporting to that board the name
and address of any child so taken or sent and the name and address of the
fam ily which is to receive the child, together with such information concern
ing the family and the child as the board may require. Provided, however,
that this section shall not apply to a parent who personally removes his child
from the State. [Ib id ., sec. 2 .]
P e n a l t y .— Any person who violates any of the provisions of this act shall
be guilty of a misdemeanor. [Ib id ., sec. 3 .]
.Repeal.— Sections 5103 and 5108 of the Compiled Laws for 1913, and all acts
or parts of acts inconsistent herewith are hereby repealed. [Ib id ., sec. 4 .]

CHILDREN’S HOMES
L i c e n s e r e q u i r e d . — Any person, partnership, voluntary association, or corpora
tion which owns or operates a home or> institution receiving, during the
calendar year, more than three children under the age of eighteen years, shall
procure annually from the board of administration a license so to do ; pro
vided, however, that this act shall not apply when the children received by
such person are related to him by blood or m arriage; and provided, further,
that this act shall not apply to any home or institution under the manage
ment and control o f the State. [L a w s of 1 9 2 3 , ch. 16 1, sec. 1 .]
L i c e n s e , h o w g r a n t e d .— Licenses under this act shall be granted by the
board of administration and shall be in force and effect for a period not
exceeding one year. Such licenses shall be issued to reputable and responsible
persons upon a showing that the premises to be used are in fit sanitary con
dition and properly equipped to provide good care for all children who may
be received. It shall also appear that the persons in active charge of such
a home or institution, and their assistants, are properly qualified to carry
on efficiently the duties required of them ; that such home or institution is
likely to be conducted for the public good in accordance with sound social
policy, and with due regard to the health, morality, and well-being of all
children cared for therein ; and that the institution or home will be maintained
according to the standards prescribed for its conduct by the rules and regula
tions of the board. [Ib id ., sec. 2 .]
L i c e n s e , h o w r e v o k e d . — The board of administration shall have authority
to revoke the license of any home or institution upon a proper showing that
any of the conditions set forth in section 2 as prerequisites for the issuance

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of the license, no longer obtain, or that the license was issued upon fraudulent
or untrue representations ; or, that the owner or proprietor of such home or
institution has violated any of the rules and* regulations of the board of
administration, or has been guilty of the violation of any law of the State
disclosing moral turpitude. [Ib id ., sec. 3 .]
L i c e n s e ; h e a r i n g w h e n d e n i e d .,— Before any application for a license under
the provisions of this act shall be denied, or before revocation of any such
license shall take place, written charges as to the reasons therefor shall be
served upon the applicant or licensee, who shall have the right to a hearing
before the board of administration, if such hearing is requested within ten
days after service of the written charges, [Ib id ., sec. 4 .]
A p p e a l .— There shall be an appeal to the district court from any decision
of the board of administration denying an application or revoking a license^
The procedure of such appeal shall be the same as far âs applicable as in
the case of appeal from a decision of the board of county commissioners. The
written notices and decisions shall be treated as pleadings. The appeal may
be brought on for hearing summarily by an order to show cause. Either party
may appeal to the supreme court within five days after notice of filing the
decision in the manner provided for appeals in a civil action. No revocation
shall be effective until the determination of an appeal. [Ib id ., sec. 5 .]
A u t h o r i t y o f h o a r d o f a d m i n i s t r a t i o n .— The board of administration may
prescribe forms for the registration and record of all children eared for in
any home or institution' licensed under this act, and shall make such reason
able rules and regulations for the conduct of such place as are necessary
to carry out the purposes of this a c t The board and its authorized agents,
may inspect such licensed premises at any time, and shall have full and free
access to every part thereof. All records shall be open for their inspection
and they shall have authority to see and interview all children cared for
therein. [Ib id ., sec. 6 .]
R e c o r d s p r o t e c t e d .-—No agent of the board shall disclose the contents of
the records of homes or institutions licensed under this act, or of reports which
may be received therefrom, except in a judicial proceeding, or to officers
of the law or other legally constituted boards of agencies, or to persons haying
a definite interest in the well-being of the child or children concerned and
who are in a position to serve their interests should that be necessary. [Ib id .,
sec. 7 .]
A c t s p r o h i b i t e d .— No licensee under the provisions of this act shall hold
himself out as having authority to dispose of any child, or advertise , that
he will give children for adoption, or hold himself out, directly or indirectly,
as being able to dispose of children, unless he shall have been expressly
licensed so to do by the Board of Administration in accordance with law.
[Ib id ., sec. 8 .]
P e n a l t y .— Every person who violates any of the provisions of this act shall
upon conviction be guilty of a misdemeanor. [Ib id ., sec. 9 .]
/¿epea/.t—Chapter 183, Session Laws of 1915, and all acts or parts of acts
inconsistent herewith, are hereby repealed. [Ib id ., sec. 10 .]

PLACING OF CHILDREN IN F A M ILY HOMES
L i c e n s e r e q u i r e d .— Any person, partnership, voluntary association, or cor
poration, which undertakes to place children in fam ily homes for temporary
or permanent care, shall procure annually from the State board of adminis
tration a license so to do, and shall be known, and is hereinafter referred to,
as a child-placing agency. [L aw s of 1 9 2 3 , ch. 16 2 , sec. 1.]
L i c e n s e , h o w g r a n t e d .— Licenses for the conduct of child placing agencies,
shall be issued by the board of administration upon application and shall be
granted for a period not exceeding one year. Such licenses shall be issued
to reputable and responsible applicants upon a showing that they, and their
agents, are properly equipped by training and experience to find and select
suitable temporary or permanent homes for children, and to supervise such
homes when children are placed in them, to the end that the health, morality,
and general well-being o f children placed by them will be properiy safe
guarded. [Ib id ., sec. 2 .]
L i c e n s e , h o w r e v o k e d .— The board of administration shall have the authority
to revoke the license of any qhild-placing agency upon a proper showing that
any of the conditions set forth in section .2 as, prerequisites for the issuance
of the license no longer obtain, or that the license was issued upon fraudulent

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or untrue representations, or that the licensee has violated any of the rules
and regulations of the board of administration, or has been guilty of the viola
tion of any State law disclosing moral turpitude. [Ib id ., sec. 3 .]
L i c e n s e , h e a r i n g w h e n d e n i e d .— Before any application for license to conduct
a child-placing agency shall be denied, or before the revocation of any such
license shall take place, written charges as to the reasons therefor shall be
served upon the applicant or licensee, who shall have the right to a hearing
before the board if such a hearing is requested within ten days after service
of the written charges. [Ib id ., sec. 4 .]
A p p e a l .— There shall be an appeal to the district court from any decision
of the board denying an application or revoking a license. The procedure on
such appeal shall be the same so far as applicable as in the case of appeal
from a decision of the board of county commissioners. The written notices
and decisions shall be treated as pleadings. The appeal may be brought on for
hearing summarily by an order to show cause. Either party may appeal to
the supreme court within five days after notice of filing the decision in the
manner provided for appeals in a civil action. No revocation shall be effective
until the determination of an appeal. [Ib id ., sec. 5 .]
L i c e n s e , f o r m .— The license shall state the name of the licensee and his ad
dress, shall set forth the number of children who may be placed by such
licensee during the terms for which the license is issued, and shall indicate
whether the licensee is authorized to find temporary or permanent homes for
children, or both. [Ib id ., sec. 6 .]
A u t h o r i t y o f h o a r d o f a d m i n i s t r a t i o n .— The board of administration may
prescribe the forms for the registration and record of children placed by such
child-placing agency, and shall make such reasonable rules and regulations
in connection with such placements as are necessary to carry out the purposes
of this act. A ll records shall be open to the inspection of the board. [Ib id .,
sec. 7 .]
D u t i e s o f l i c e n s e e s .— Every licensee shall keep a full record and social history
of each child received for placement and a similar record and history of his
family. No child shall be placed in any foster home until adequate investiga
tion has been made as to the suitability of the proposed foster parents and
their home surroundings. The licensee shall report to the board of administra
tion the name and address of each child to be placed in a permanent foster
home, the name and address of the proposed foster parents, and such other
facts and information as shall be requested by the board. It shall thereupon
be the duty of the board to visit the proposed foster home and make such
other inquiries and investigations as may be necessary to ascertain whether
the home is a suitable one for the child, and shall continue to visit and super
vise in such manner as it may deem necessary. Whenever satisfied that a
child has been placed in an unsuitable home the board may order its return
to the agency which has placed it, and if such order is not obeyed within thirty
days it may revoke the license of the agency so placing and shall itself take
charge of, and provide for, the child. [Ib id ., sec. 8 .]
P l a c e m e n t c o n t r a c t .— Every child-placing agency, upon placing a child in a
foster home, shall enter into a written agreement with the persons taking the
child, which shall provide that the placing agency shall have access at all reason
able times to such child, and to the home in which he is living, and for the
return of the child to the placing agency whenever in the opinion of such
agency, or of the board of administration, the best interest of the child shall
require. [Ib id ., sec. 9 .]
P e n a l t y .— Every person who violates any provision of this act shall upon
conviction be guilty of misdemeanor. [Ib id ., sec. 1 0 .]
R e p e a l .— Chapter 183 of the Session Laws of 1915, and all acts or parts of
acts inconsistent herewith, are hereby repealed. [Ib id ., sec. 1 1 .]

B A B Y FARM ING
•
.— It shall be unlawful for any midwife, or other person
or corporation, maintaining a maternity hospital, or lying-in hospital, or for
any private midwife or nurse, or any other person or corporation caring for
children, to place children in fam ily homes for adoption, or otherwise, without
a license so to do from the board of administration. [Comp. Law s 1 9 1 3 , sec,
9 6 0 7 , as amended and reenacted by L aw s of 19 23 , ch. 16 3, sec. 1 .]
L icen se

r e q u ir e d

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P e n a l t y . — Any person who violates the provisions of Section 9607, Compiled
ta w s for 1913, shall upon conviction be guilty of a misdemeanor. [Ib id ., sec.
9 6 0 8 , as amended and reenacted b y Law s of 1 9 2 3 , ch. 16 3, sec 2 .]

M A T E R N IT Y H OSPITALS
I n c e n s e r e q u i r e d . — Any person, partnership, voluntary association, or cor
poration, which owns or operates a maternity hospital, as hereinafter defined,
shall secure annually from the board of administration a license so to do.
[L aw s o f 1 9 2 3 , ch. 16 4, sec. 1 .]
.
M a t e r n i t y h o s p i t a l d e f i n e d — A maternity hospital is defined as any hospital,
or other premises, where more than one woman is received during any
period of six months for shelter, care, or treatment during pregnancy, or
delivery, or within'ten days after delivery ; provided, that this act shall not
apply to any hospital, or other premises, owned or operated by the State.
[Ib id ., sec. 2 .]
.
L i c e n s e s , t o w h o m g r a n t e d . ——Licensed for tlio operation of maternity nospitals shall be issued by the board of administration and shall be in force
and effect for a period not exceeding one year. Licenses shall be granted
to reputable and responsible persons upon a showing that thé premises to be
used as a maternity hospital are in fit sanitary condition and properly
equipped to provide good care and treatment. It also shall appear that the
persons in active charge of the hospital,- and their assistants, ^are qualified
by training and experience to carry on efficiently the duties required of them ;
that, the hospital is likely to be conducted for thé public good, and in accord
ance with sound social policy ; and that the health and well-being of the
infants born therein, and the health, morality, and well-being of the parties
treated therein, will be properly safeguarded. [Ib id ., sec. 3 .]
L i c e n s e , r e v o c a t i o n . — The board of, administration shall have authority to
revoke a license of any maternity hospital upon a proper showing that any
of the conditions set forth in section 3 as prerequisites for the issuance of
the license no longer obtain, or that the license was issued upon fraudulent
or untrue representations or that the owner or operator of such hospital
has violated any of the rules and regulations of the board, or has been guilty
of the violations of any law of the State disclosing moral turpitude. Before
any application for license to conduct a maternity hospital shall be denied or
before revocation of any such license shall take place, written charges as to
the reasons therefor shall be served upon the applicant or licensee, who shall
have the right to a : hearing? before the board, if such ^hearing is requested
within ten days after service ôf Ùie written charges. [Ib id ., sec. 4 .]
■'
A p p e a l . — T h e r e shall be an appeal to the district court from any decision
of the board denying an application or revoking a license. The procedure on
such appeal shall be the same so far as applicable as in the case of appeal
from a decision of the board of county commissioners. The written notices
and decisions shall be treated as pleadings. The appeal may be brought on
for hearing summarily by an order to show cause. Either party may appeal
to the supreme court within five days after notice of filing the decision in the
manner provided for appeals in a civil action. No revocation shall be effective
until the determination of an appeal. [Ib id ., sec. 5 .]
•
F o r m o f l i c e n s e . — T h e license shall state the'nam e of the licensee, designate
the premises to which ;the license is applicable, and the number o f patients
who may be received in such premises at any one time. [Ib id ., sec. 6 .]
R e g u l a t i o n h y h o a r d o f a d m i n i s t r a t i o n . — The board of administration may
prescribe forms for the registration and record of persons cared for in ma
ternity hospitals and shall make such reasonable rules and regulations for the
conduct of such hospitals as are necessary to carry out the purposes of this
act. The board and its authorized agents may inspect such hospitals at any
time and shall have full and free access to every part thereof. The records
shall be open for their inspection and they shall have authority to see and
•interview patients therein. [Ib id ., sec. 7 .]
A t t e n d a n c e o n U r t h s . — Every birth occurring in a maternity hospital shall
be attended by a legally qualified physician or midwife. The licensee of the
hospital shall report to the board of administration all births occurring within
the hospital. These repbfts Shall be made within twenty-four hours after
the'birth occurs and on blanks to be provided by the board for that purpose.
[Ib id ., sec. 8 .]

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R e c o r d s p r o t e c t e d . —^ N o agent of the board of administration of of any
board of health, or the licensee, shall disclose the contents of the records of
maternity hospitals or of the reports received therefrom, except in a judicial
proceeding, or to officers of the law or other legally constituted boards of
agencies or to persons having a direct interest in the well-being of the patient,
or her infant, and in a position to serve their interests should that be neces
sary. [Ib id ., sec. 9 .]
D i s p o s i n g o f i n f a n t s p r o h i b i t e d . — No licensee o f a maternity hospital shall
undertake, directly or indirectly, to dispose of infants by placing them in
family homes for adoption or otherwise. No licensee as an inducement to
a woman to go to any maternity hospital for confinement care shall in any
way offer to dispose of any child, or advertise that he will give children for
adoption or hold himself out, directly or indirectly, as being able to dispose
of children. [Ib id ., sec. 1 0 .]
P e n a l t y . — Every person who violates any of the provisions o f this act, or
who makes any false statements on reports to thé board of administration
shall upon conviction be guilty of a misdemeanor;-- [Ib id ., sec. 1 1 .]
R e p e a l . — Chapter 183 of the Laws of 1915, and all other acts or parts of
acts inconsistent herewith, are hereby repealed. [Ib id ., sec. 1 2 .]

UNIFORM IL LE G ITIM A C Y A CT *
O b l i g a t i o n o f p a r e n t s . — The parents of a child born out of wedlock and not
legitimated (in this act referred to as “ the ch ild ” ) owe the child necessary
maintenance, education, and support; The parents are liable for the child’s
funeral expenses. The father is also liable for the expenses of the mother’s
pregnancy and confinement. The obligation of the parents to support the
child under the laws for the support of poor relatives applies to children
born out of wedlock. [L aw s of 1 9 2 3 , ch. 16 5, sec. 1 .]
R e c o v e r y b y m o t h e r f r o m f a t h e r . — The mother may recover from the father
a reasonable share of the necessary support of the child. In the absence of
a previous demand in writing, served personally or by registered mail ad
dressed to the father at his last known residence, not more than two yéars’
support furnished prior to the bringing of the action may be recovered frofri
the father. [Ib id ., sec. 2 .]
R e c o v e r y b y o t h e r s t h a n m o t h e r . — T h e obligation o f the father as herein
provided creates also a cause of action on behalf of the legal representatives
of the mother, or on behalf of third persons furnishing support or defraying the
reasonable expenses thereof, where paternity has beén judicially established by
proceedings brought by the mother by or on behalf of the child, or by the
authorities charged with its support, or where paternity has been acknowledged
by the father in writing or by the part performance of the obligations imposed
upon him. [Ib id ., sec. 3 .]
D i s c h a r g e o f t h e f a t h e r ' s o b l i g a t i o n . — The obligation of the father other than
under the laws providing for the support of poor relatives is discharged by
complying with a judicial decree for support or with the terms Of ,a judicially
approved settlement. The legal adoption of thé child into another family
discharges the obligation for the period subsequent to the adoption. [Ib id .,
sec. 4 .]
L i a b i l i t y o f t h e f a r t h e r ' s e s t a t e . 5 — The obligation of the father where his
paternity has been judicially established in his life time, or has been acknowl
edged by him in writing, signed in the presence of two witnesses and the
execution of which has been acknowledged by him in addition before an officer
authorized to take acknowledgments, is enforceable against his estate and in
such an amount as the court may determine, having regard to the age of the
child, the ability of the mother to support it, the amount of property left by.

4This is substantially the same as the uniform illegitimacy act approved by the
National Conference of Commissioners on Uniform State Laws at its annual meeting
in 1922, and recommended to the legislatures of the various States. Attention is called
by footnotes to sections wherein the North Dakota law differs from this act.
BIn the unif<mm act (see footnote 4, p. l i t ) this section is : “ The obligation of the
father, where his paternity has been judicially established in his life time, or has been
acknowledged by him in writing or by the part performance of his obligations, is enforce
able against his estate in such an amount as the court may determine, having regard to
the age of the child, the ability of the mother to support it, the amount of property left
by the father, the number, age, and financial condition of the lawful issue, if any, and
the rights of the widow, if any. The court may direct the discharge of the obligation by
periodical payments or by the payment of a lump sum.”

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D EPEN DEN T A ttt) ftELINQUEiSTT C H IL D fiE ff

the father, the number, age, and financial condition of the lawful issue, if any,
and the rights o f the widow, if any. The court may direct the discharge of
the obligation by periodical payments or by the payment of a lump sum.
[Ib id ., sec. 5 .]
C o m p l a i n a n t s . — The proceeding to compel support may be brought by the
mother, or, if the child is or is likely to be a public charge, by the authorities
charged with its support. After the death of the mother or in case of her
disability, it may also be brought by the child, acting through its guardian or
next friend. I f the proceeding is brought by the public authorities, the mother
if living shall be made a party defendant. [Ib id ., sec. 6 .]
T i m e o f b r i n g i n g c o m p l a i n t . — The proceedings may be instituted during the
pregnancy of the mother or after the birth of the child, but, except with the
consent of the person charged with being the father, the trial shall not be
had until after the birth of the child, unless such person wishes to admit the
truth of the accusation.® [Ib id ., sec. 7 .] '
C o m p l a i n t , w h e r e b r o u g h t . — The complaint may be to any judge or magis
trate having power to commit for trial. [Ib id ., sec. 8 .]
F o r m o f c o m p l a i n t . — The complaint shall be in writing or oral, and in the
presence of the complainant reduced to writing by the judge or the clerk
o f court. It shall be verified by oath or affirmation of complainant. [Ib id .,
sec. 9 .]
S u b s t a n c e o f c o m p l a i n t . — The complainant shall charge the person named
as defendant with being the father of the child and demand that he shall be
brought before the judge to answer the charge. [Ib id ., sec. 10.]
P r o c e s s . — The judge shall issue his warrant for the apprehension of the
defendant, directed to any officer in the State authorized to execute warrants,
and such warrant may be executed in any part of the State. W ith the con
sent of a complainant, a summons may be issued in the first instance as in
other civil cases, instead of a warrant, which summons shall be personally
served. [Ib id ., sec. 1 1 .]
P r e l i m i n a r y h e a r i n g . — Upon the return of the warrant or the summons
showing service on the defendant the judge before whom the complaint was
made, or any other judge sitting for him, shall proceed to examine the com
plainant and other witnesses and receive any other evidence that may be
produced touching the charge, unless the defendant shall admit the truth
of the charge in which case the court shall proceed to hear such evidence
as may be necessary and to enter judgment against the defendant declaring
paternity and for the support of the child. A t any such preliminary hearing
the court shall exclude the general public from the room where such trial
or hearing is had, admitting only the persons interested directly in the case,
including officers of the court and witnesses.7 The defendant shall have a
right to be present at the examination and to contravert the charges if he
so desires. The examination shall be reduced to writing. [Ib id ., sec. 12 .]
R e s u l t o f h e a r i n g . — I f the examination fails to show probable cause, the
defendant shall be discharged without prejudice to further proceedings. I f
the examination shows probable cause, the judge shall bind the defendant
in bond or recognizance, with sufficient security, to appear at the next term
o f the district court to be held in the county. On neglect or refusal to furnish
such security, he shall commit the defendant to ja il to be held to answer
the complaint. The warrant, the examination reduced to writing, and the
security, shall be returned to the district court. [Ib id ., sec. 13 .]
C o n t i n u a n c e o f t r i a l .— I f the child is not born at the time set for trial, the
case shall, unless the defendant consents to trial, be continued until the
child is born,' and the defendant shall remain bound or held until trial.
[Ib id ., sec. 14 .]
T r i a l . — The trial shall be by jury, if either party demands a jury, other
wise by the court, and shall be conducted as in other civil cases. [Ib id .,
sec. 15 .]
A b s e n c e o f d e f e n d a n t . — I f the defendant fails to appear, the security for
his appearance shall be forfeited and shall be applied on account of the pay• The uniform illegitimacy act (see footnote 4, p. 117) does not contain the words
“ unless such person wishes to admit the truth of the accusation.”
i In the uniform act (see footnote 4, p. 117) this section to this point is as follow s:
“ Upon the return of the warrant, or upon return of the summons showing service on
the defendant, the judge or magistrate before whom the complaint was made, or, in his
absence, any other Judge or magistrate having power to commit, shall proceed to examine
the complainant and any other witnesses and receive any other evidence that may be
produced, touching the charge.

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ment of the judgment, but the trial shall proceed as if he were present; and the
court shall upon the findings of the judge, or the verdict of the jury, make such
orders as if the defendant were in court. [Ib id ., sec. 1 6 .]
E f f e c t o f d e a t h o r a b s e n c e o r i n s a n i t y o f m o t h e r .— I f after the complaint the
mother dies or becomes insane or can not be found within the jurisdiction,
the proceeding does not abate, but the child shall be substituted as complainant.
The testimony of the mother taken in writing at the preliminary hearing, or
her deposition taken as in other civil cases, may in any such case be read in
evidence, and in all cases shall be read in evidence, if demanded by the de
fendant. [Ib id ., sec. 1 7 .]
D e a t h o f d e f e n d a n t . — In case of the death of the defendant, after the pre
liminary hearing, the action may be prosecuted against the personal repre
sentatives of the deceased with like effect as if he were living, subject as re
gards the measure of support to the provisions of section 6, except that no
arrest of such personal representative shall take place or bond be required of
him. [Ib id ., sec. 1 8 .]
F i n d i n g f o r d e f e n d a n t . — I f the verdict of the jury or the finding of the court
at the trial be in favor of the defendant and there be a motion for a new
trial, he shall be held until such motion be disposed o f ; and if a new trial is
granted, the same course shall be pursued as in case of a continuance. [Ib id .,
sec. 1 9 .]
J u d g m e n t .— I f the finding or verdict be against the defendant, the court
shall give judgment against him declaring paternity and for the support of
the child from the date of its birth.
The judgment shall be for annual
amounts, equal or varying, having regard to the obligation of the father under
section 1, as the court directs, until the child reaches the age of sixteen years.
The payments may be required to be made at such periods or intervals as the
Court directs. In addition to providing for support the judgment may also
provide for the payment of the necessary expenses incurred by or for the
mother in connection with the birth of the child. [Ib id ., sec. 2 0 .]
P a y m e n t t o t r u s t e e . — The court may require the payments to be made to
the board of administration, or the county child welfare board, if there be one,
or to any other suitable and proper trustee or guardian.8 The trustee shall
report to the court annually, or oftener as directed by the court, the amounts
received and paid over. [Ib id ., sec. 2 1 .]
S e c u r i t y ; c o m m i t m e n t ; p r o b a t i o n .— The court may require the father to
give security by bond with sureties, for the payment of the judgment. In
default of such security, when required, the court may commit him to jail.
After one year the person so committed may be discharged (in accordance with
the law relating to the discharge of insolvent debtors), but his liability to
pay the judgment shall not be thereby affected. Instead o f committing the
father to jail, or as a condition of his release from jail, the court may commit
him to the custody of a probation officer, upon such terms regarding payments
and personal reports as the court may direct. Upon violation of the terms
imposed, the court may commit or recommit the father to jail. [Ib id ., sec. 2 2 .]
E n f o r c e m e n t o n d e f a u l t . — Where security is given and default is made in any
payment, the court shall cite the parties bound by the security, requiring them
to show cause why judgment should not be given against them and execution
issued thereon. I f the amount due and unpaid be not paid before the return
day of the citation, and no cause be shown to the contrary, judgment shall be
rendered against those served the citation for the amount due and unpaid,
together with costs, and execution shall issue therefor, saving all remedies
upon the bond for future defaults. The judgment shall be enforceable as
other judgments. [Ib id ., sec. 2 3 .]
C o n t e m p t o f p r o c e s s . — The court also has power, on default as aforesaid,
to adjudge the father in contempt and to order him committed to ja il in the
same manner and with the same powers as in case of commitment for default
in giving security. The commitment of the father shall not operate to stay
execution upon the judgment on the bond. [Ib id ., sec. 2 4 .]
A g r e e m e n t o r c o m p r o m i s e .— An agreement or compromise made by the
mother or child, or some authorized person on their behalf, with the father
concerning the support of the child shall be binding upon the mother and

8In the uniform act (see footnote 4, p. 117) this section to this point is : “ The court
may require the payments to be made to the mother, or to some person or corporation to
be designated by the court as trustee. The payments shall he directed to 1« made to a
trustee if the mother does not reside within the jurisdiction of the court.”

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D EPEN DEN T AND D E LIN Q U E N T CH ILD REN

the child only when adequate provision is fully secured by payment or other
wise and when approved by a court having jurisdiction to compel support of
the child. The preformance of the agreement or compromise when so ap
proved shall bar other remedies of the mother or child for the support of the
child. [Ib id ., sec. 2 5 .]
C o n t i n u e d j u r i s d i c t i o n . — The court has continuing jurisdiction over pro
ceedings brought to compel support and to increase or decrease the amount
thereof, until the judgment of the eourt has been completely satisfied, and
also has continuing jurisdiction to determine custody in accordance with the
interest of the child. [Ib id ., sec. 2 6 .]
F a i l u r e t o s u p p o r t . — The failure of tbe father, without lawful excuse, to
support the child where the same is not in his custody, and where paternity
has been judicially established, or has been acknowledged by him in writing
or by the part performance of his obligations, is a misdemeanor, punishable
by a fine not exceeding one thousand dollars or by imprisonment in the county
jail for not exceeding one year, or by both such fine and imprisonment. The
failure of the parent to support the child where the same is in his or her
custody shall be governed by the laws applicable to the failure to support a
legitimate child. [Ib id ., sec. 2 7 .]
F a i l u r e t o c a r r y o u t j u d g m e n t . — The failure, without lawful excuse, of a
father to comply with and carry out a judgment for the support of the child
whether the child be a resident in the jurisdiction where the judgment was
rendered or not, is a misdemeanor punishable by fine not exceeding one
thousand ■dollars or by imprisonment in the county jail not exceeding one
year, or by both such fine and imprisonment. [Ib id ., sec. 2 8 .]
P r o b a t i o n . —-Upon a prosecution under the provision of section 28 [27] or
section 29 [28], on entry of a plea of guilty or after conviction, the court,
instead of imposing sentence or of committing the father to jail, or as a
condition of his release from jail, may commit him to the custody of a proba
tion officèr, upon such terms as to payment of support to or on behalf of the
mother or child, and as to personal reports, as the court may direct. Upon
violation of the térxhs imposed, the court may proceed to impose the sentence
and commit or recommit to jail in accordance with the sentence. [Ib id .,
sec. 2 9 .]
C o n c u r r e n c e o f r e m e d i e s . — A criminal prosecution brought in accordance
with the. provisions of section 28 [27] or section 29 [28] shall not be a bar
to, or be barred by, civil proceedings to compel support; but money paid to
ward the support of the child under the provisions of section 30 [29] shall
be allowed for and credited in determining or enforcing any civil liability.
[Ib id ., sec. 3 0 .]
L i m i t a t i o n o f a c t i o n . — Proceedings to enforce the obligation of the father
shall not be brought after the lapse of more than two years from the birth
Of the child, unless paternity has been judicially established, or has been
acknowledged by the father in writing or by the furnishing of support. [Ib id .,
sec. 3 1 .]
: A v a i l a b l e d i s t r i c t . — Jurisdiction over proceedings to compel support is
vested in the district court of the country in which the alleged father is per
manently or temporarily resident, or in which the mother of the ehild resides
or is found. It is not a bar to the jurisdiction of the court of the county
where the complaining mother or child resides in another State. Notice of
any such proceeding shall be givèn by the clerk of the district court to the
board o f administration and such board thereupon shall advise or assist the
complainant or the court in stìeh proceeding. [Ib id ., sec. 3 2 .]
J u d g m e n t o f o t h e r S t a t e . — The judgment of the court of another State ren
dered in proceedings to compel support of a child born out of wedlock, and
directing payment either of a fixed sum or of sums payable from time to
time, may be Sued in this Statè and be made a domestic judgment so far as
not inconsistent with the laws óf this State, and the same remedies may there
upon he had upon such judgment as if it had been recovered originally in this
State. [Ib id ., seg. 3 3 .]
' R e f e r e n c e t o r e l a t i o n o f m o t h e r a n d c h i l d . — In all records, certificates, or
other papers hereafter made or executed (other than birth records and cer
tificates or records of judicial proceedings in which the question of birth out
of wedlock is at issue) requiring a declaration by or notice to the mother
of a child born out of wedlock or otherwise requiring a reference to the rela
tion of a mother to such a child, it shall be sufficient for all purposes to refer
to the mother as the parent having the sole custody of the child or to the

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child as being in the sole custody of the mother, and no explicit reference
need be made to illegitimacy, and the term natural shall be deemed equivalent
to the term illegitimate when referring to parentage or birth out of wedlock.
[Ib id ., sec. 3 4 .]
C o n s t r u c t i o n o f act.— This act shall be so interpreted and construed as to
effectuate its general purpose to make uniform the%law ;of those .States which
enact it. [Ib id ., sec. 3 5 .]
f. .
B r i e f t i t l e — n a m e o f a c t . — The act may be cited as the Uniform Illegitimacy
Act. [Ib id ., sec. 3 6 .]
O p e r a t i o n a n d r e p e a l i n g cZawse.r—This act applies to all cases of birth out
of wedlock where birth occurs after this act takes effect, except that section
35 [34] applies to all cases occurring after this act takes effect. As to all
such cases all acts or parts of acts inconsistent with this act are hereby
repealed.’ [Ib id ., sec. 3 7 .]

DESERTION OR NONSUPPORT OF W IF E OR CHILD
D e s e r t i o n a n d n o n s u p p o r t o f c h i l d o r p r e g n a n t w i f e ; p e n a l t y . -^Every parent
or other person having legal responsibility for the care or support of a child
who is under the age of sixteen years, and unable to support himself by
lawful employment, who deserts and fails to care for and support such child
with intent wholly to abandon him, and every husband, who, without lawful
excuse, deserts and fails to support his wife, while pregnant, with intent
wholly to abandon her, is guilty of a felony and upon conviction shall b e ,
punished: therefor by imprisonment in the State prison for not more than five
years. Desertion or a failure to support a child.or pregnant wife for a period
of three months shall be presumptive evidence of intention wholly to abandon..
[L aw s of 1 9 2 3 , ch. 16 6, sec. 1.]
N on su p p ort o f w ife o r c h ild ; p e n a lty ;
b r e a c h o f b o n d . —-Every man who,

bond and

s u s p e n s e o f ju d g m e n t; s u it

without lawful excuse,: wilfully fails
to furnish proper food, shelter, clothing or medical attendance to his w ife;
and every person having legal responsibility for the care or support of a
child who is under sixteen years of age, unable to support himself by lawful
employment, who wilfully fails to make proper provision for such child is
guilty of a felony, and upon conviction thereof shall be punished therefor by
imprisonment in the State penitentiary for not more than five years, but,
before the trial, with the consent of the defendant, or at th e:trial on.entry
of a plea of guilty, or after conviction, instead of imposing the penalty herein
before provided, or in addition thereto, the court in its discretion, having
regard to the circumstances and to the financial ability or earning capacity
of the defendant, may make an order accepting the bond of the defendant to
the State, in such amount and with such sureties as the court prescribes and
approves, conditioned to furnish the wife or child with proper food, shelter,
clothing and medical attention, for such a period, not exceeding five years,
as the court may order, and in such a case, if there has been a plea of . guilty
or a conviction, judgment shall be suspended until some condition of the
bond is violated. The bond may, in the discretion of the court, be conditioned
upon the payment of a specified sum of money at stated intervals.^ Upon the
flin g of an affidavit showing the violation of any of the conditions of the
bond, the accused shall be heard upon an order to show cause, a n d ,if the
charge be sustained the court may proceed with the trial o f the defendant,
under the original charge, or pronounce sentence under the original convic
tion, or enforce the suspended sentence, as the case may b e .. The wife. or
child, and any person furnishing necessary food* shelter, clothing and medi
cal attendance to either, may sue upon the bond for a breach of any condition
thereof. [Ib id ., sec. 2 .]
E v i d e n c e o f r e l a t i o n s h i p . — In any prosecution for desertion or for failure
to support a wife or child no other or greater evidence; shall be required to
prove the relationship of the defendant to such wife or child than is or shall
be required to prove such relationship in a civil action. [Ib id ., sec. 3 ,] j
R e p e a l . ction 9589, 9590, 9591, 9592, 9593, 9594, 9595, 9596, 9597, ¡9593,
9599, 9600, 9602, and 9603, Compiled Laws of 1913, and all acts or parts of
acts inconsistent herewith repealed. [Ib id ., sec. 4 .]
on

•This applies (as stated in the subtitle of the law:) to Comp..Laws 1913, secs. 10483-r,
10500, and Laws of 1917, ch. 70.

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Appendix B.-—BILL WHICH WAS RECOMMENDED BUT
FAILED OF PASSAGE IN NORTH DAKOTA IN 1923
COUNTY CHILD-WELFARE BOARDS
[Senate B ill No. 173]
F o r an A ct to Authorize the Appointm ent of County C hild W elfare Boards and to Define
T h e ir Pow ers and D uties, and to Repeal Section 19, Chapter 177, Law s of 1919.
B e I t E n a c te d

t>y t h e L e g i s l a t i v e A s s e m b l y o f t h e S t a t e

o f N o rth

D a k o ta :

S e c t io n 1. When the board of county commissioners shall determine the
same to be necessary, a county child-welfare board, consisting of five members,
shall be organized. The county superintendent of schools and a member of
the board of county commissioners, selected by that board, shall be members
ex ofiBcio. The county commissioners shall select three other citizens, resident
in the county, without regard to political affiliation and upon the basis of
their special fitness by reason of training and experience and character to
serve in such capacity. There shall be persons of all sexes on the board. The
original appointive members shall serve for one, two, and three years respec
tively. Thereafter all members shall be appointed for three years, or until
their lawfully appointed successors have been duly qualified. Each appointive
member shall file an oath of office with the county auditor. The members
shall serve without compensation but shall be reimbursed for all necessary
expenses incurred in attendance upon board meetings, or otherwise, in the
discharge of their official duties.
S e c . 2. The board shall have offices in the courthouse, at the county seat,
and shall hold an annual meeting on a fixed date to be designated by the board.
In addition to the annual meeting, the board shall hold monthly meetings on
a fixed date, to be designated by the board, and such special meetings, from
time to time, as in its judgment may be necessary. Provided, that any monthly
meeting may be dispensed with when, in the judgment of the chairman and
secretary, such meeting is unnecessary and after due notice to the board
members. The board shall elect annually from its membership a chairman
and secretary. Full records shall be kept of all the proceedings and transac
tions of the board. The board shall report annually to the board of adminis
tration, the records of its work, together with such recommendations for the
protection of childhood as may to it seem necessary.
S e c . 3. The board shall have authority to appoint an executive officer, who
shall be known as the executive secretary of the board and who may occupy
other positions, such as overseer of the poor, whose duties may be performed
in connection with his or her duties as such secretary. Such officer shall be
a person of training and experience in social work, without regard to political
affiliation. The executive shall have such salary as may be fixed by the
board and shall serve during its pleasure. The executive secretary shall
appoint such properly trained assistants as shall be authorized and approved
by the board and at such salaries as shall be designated by it. The board is
authorized to pay the necessary traveling expenses of its agents and such
other expense as is incidental to the discharge of the lawful duties of such
agents and such necessary expenses as may be incurred for office supplies and
general equipment. A ll expenses herein authorized and incurred by the board
shall be paid out of the county treasury, upon the approval of the board of
county commissioners.
S e c . 4. It shall be the duty of the board:
(a ) To act as the county agent of the board of administration, in the
performance of all duties imposed by law upon the board, and to report
regularly to the board on the status and treatment of all cases coming to
its attention or under its supervision: (6 ) To take the initiative in furthering
the interest and welfare of all children in the county, who are not already

122

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adequately protected by proper inquiry into such home and community envi
ronmental conditions as tend to create delinquency and neglect and by pro
moting such remedial or preventive measures as will strengthen parental
responsibility and stimulate wholesome community life.
Sec. 5. A child-welfare board created under the provisions of this act may
be dissolved upon a request for such dissolution by resolution passed by the
board of county commissioners.
Provided, that before such resolution is
acted upon by the board of county commissioners notice shall be published
for ten days ki an official newspaper in the county that such resolution is
before the board for consideration.

Sec. 6. Section 19 o f chapter 177 o f the law s o f 1911, and all acts or parts
o f acts inconsistent herewith, are hereby repealed.
Referred to committee on women’s and children’s w elfare.

81461°— 26----- 9

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Appendix C.— FORMS AND QUESTIONNAIRES USED IN THE
STUDY
U nited States D epartment

L abor

children ’ s bureau
W A S H IN G T O N

I. CHILDREN UNDER CARE OF INSTITUTIONS AND AGENCIES
Schedule N o :
Institution or agency:
D a te :
Name of child :
LN
Sex:
R a ce:
Date of birth :
A ge:
Birthplace:
Date received :
Source :
Perm, or Temp. C are:
Nationality— Father :
M other:
Reason for receiving :
Maintenance: by State.
County :
Family :
Agency (specify) :
Other :
Length of time in inst. or under agency care (dates, etc.)
Disposition (Specify, in chronological, order, placements, parole, released,
returned, etc., with dates ; type of placement— free home, for adoption, board
ing, with relatives) :
Interest of relatives (frequency of visits to in st.; agency visits to child’s
original home and present home, etc.)
Family and home conditions:
Mother— dead, living, M. W . D. Sep. Des.
Father— dead, living, M. W . D. Sep.
Economic conditions
Other
Child’s physical, mental and behavior characteristics (specify if exam.) :
Child’s social history (school attendance, dependency, delinquency, etc.)
Present address of child;
Removed from :
Present address of parents:

II.

OUTLINE FOR STUDY OF DEPENDENT CHILDREN
Schedule No.
Agent

1.
2.
3.
4.
5.
0.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.

Institutions or agencies
Name of child
Class of case
Present address of child
Type of present home
Place of birth
Original address
Date of birth
Leg.
Illeg.
Name of father
Address
Name of mother
Address
Nativity of fa.
mo.
Yrs. in U. S. mo. fa.
Color of fa.
mo.
Yrs. in State mo. fa.
in co. or city.
124

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NORTH DAKOTA AND SOUTH DAKOTA
18.
19.
20.
21.

125

Sources o f information with dates
Date of child’s removal
Reasons for removal
Household Group at Time of Child’s Removal (Check Child of Study)

Name

Rel.

Y r .o f
Birth

Conj.
Cond.

Occupa
tion

Wage

Reg.
Em p.

Special character
istics; mental and
physical defects,
delinquencies,
etc.

Fa___ ________
M o ___________
1 _

______________

____________

3 _____________
4 _ ___________
5 _____________

6_____________
7 _____________

8_____________
22. Data re members of.fam ily not in hom e:
•
/
23. Other sources of income. Specify
income ° f family for year previous to child’s removal
SU M M ARY of home conditions at time of child’s rem oval:
25. Household Group at Present Time

Name

Rel.

Yr. of Conj.
Birth Cond.

flg"Í

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Occupa
tion or
School

Wage

Reg.
Emp.

- j — ---

Special character
istics, ment, and
phys. def., del.,
etc.

126
26.

DEPENDENT AND DELINQUENT CHILDREN
Data re members of family not in home:

D ESC R IP TIO N OF P A R E N T A L H OM E.
27. Character of dwelling— sanitary condition and repair; cleanliness; no. of
room s; rent, etc.
Prior to removal
Subsequent to removal
28. Type of neighborhood and neighborhood influences
Prior to removal
Subsequent to removal
29. Character o f fam ily and home life (characteristics of father, mother,
brother, half-brother, step-brother, sister, e tc .; defects, diseases, delin
quencies, etc., economic circumstances, including public and private
aid ).
Prior to removal
Subsequent to removal
30. Child’s characteristics (physical and mental condition, delinquencies,
etc.)
Prior to removal
Subsequent to removal
81. Child’s school history
Prior to removal
Subsequent to removal
32. Child’s record o f employment
Prior to removal
Subsequent to removal
33. Record of agency treatment of child:
34. Constructive work done with fam ily before or after child’s removal
(including agencies interested in family, summary of agency treatment).
35. Means by which child might have been kept with family.
36. Present possibilities o f assumption of responsibility for child by family.

III.

SCHOOL RECORD: P LA C ED -O U T CHILDREN

(Sheet to be Used for All Such Children in One School)
County:

District:

Compulsory period:

Naine

Date:
No. school days 1920-1921:

1921-1922
Notes on past school
Type: Distance
Days
history, behavior,
Pl-out,
from
attend
Re
characteristics, etc.
adopt, home to
1920-21 School cord
(information from
etc.
school
Age
teacher)
Grade

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127

FORTH DAKOTA AND SOUTH DAKOTA

IV.

REPORT FOR INVESTIGATION OF HANDICAPPED CHILDREN
(IN D IV ID U A L R E C O R D )

County:

T ow n: .
R u ra l:

: F. M.
Deaf
Crippled
Blind
Source of information:
D a te:
Name of ch ild:
Sex
A ge:
Degree of defect: (For FM .— Idiot or imbecile, (helpless, etc.) ; high-grade;
state if examined, by whom, and diagnosis. For Crippled, degree of dis
ability, character of handicap. For deaf or blind, complete or partial dis
ability.)
Institutional history, if any: (Name of inst., date entered, date discharged,
training given, etc.)
Present occupation, if employed: (kind of work, wages, etc.)
School history: Present grade (or grade left school), notes re training, etc.
Personal history and characteristics : .
Family history (especially economic conditions, character of home, etc.)

V.
(D ata

T yp e

JUVENILE COURT— IN DIVIDUAL CASE D ATA

re child brought before court because of delinquency,
dependency— October 1, 1920—September 30, 1921)

COUNTY:

Tow n :
R u ra l:

TYPE:

neglect,

Del., Negl., Dep.

Name of child:
Sex:
A g e:
Charge: (character of offense, etc.)
Disposition pending hearing (where was child kept— specify place and length
of time, if not in own home) :
Disposition by court: Dismissed
On file (note later action)
Fined, amount
Restitution ordered, amount
Placed on probation, time, by whom supervised (note if brought in again for
violation of probation— with action taken.)
Committed to institution— name of inst. and terms of com.
Placed in family home— specify terms,' etc.
Child’s previous court record (dates, charges and dispositions):
School grade, September, 1921:
Brief notes re child’s social history, family history, e tc .:

VI.

PREVENTION A N D TREATM ENT OF JUVENILE DELINQUENCY

State:

County:
Inform ant:

How many children came before your juvenile court (county court or the
juvenile commissioner (cases from the county)) during the past year?
(Oct. 1, 1920-Oct. 1, 1921, or last fiscal year of court.)
Age
, Under 7 years — a------------7-10
“ —
—
10 and 11 “ -----------------12 and 13 “ -----------------14 and 15
“ -----------------16 years----------------------------17
“ ------------------i— i -

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Girls

Boys
---------------------------------------------------------------------------------- —
------------------

128

DEPENDENT AND DELINQUENT CHILDREN

For what offenses were they brought before the court?
Truancy ________________ _________________________
Incorrigibility ____________________________________
Larceny ________ ______________________________
Burglary and robbery_____________________ ___ ___
Discharging fire-arms or carrying concealed
w e ap on s_________________ . . . ___________ j________
Disturbing the peace____________________________
Stealing automobiles________.J____________________
Speeding or other traffic violations______________
Immorality (sex offenses) __.____________________
Incendiarism_________ |______ .___ ____________ _____
Vagrancy ________________ ____ _____________________
O ther.____ ,________ f__________________________ _____

(Give no. for each.)
Boys

Girls

Does the judge hold special hearings for children’s cases, excluding the pub
lic? How frequently?
W h at assistance has the judge in gaining information concerning the child’s
home conditions and needs, and in supervising children whom he places on
probation?
(Specify whether by men or women, whether they give all or
part time, and their other occupations.)
How many children were placed on probation last year?
How many boys and how many girls were sent to the State industrial schools
last year? W hat were the terms of commitment?
How many boys and how many girls were sent to other institutions (give
nam es), or were placed in charge of agencies or placed in private homes be
cause of delinquency or incorrigibility?
Custody of children pending eourt hearing, or until taken to an institution?
Is a local institution other than a ja il used for such temporary care (give
name) ? Does the court make arrangements with a fam ily in the community
to care for such children temporarily? Other means o f care?
Have any children under 16 years of age been kept in jail in your county
during the past year? State time in jail for each, and reason for keeping
them there. Specify.
Are the children brought before the court given physical or mental examina
tions ? By whom ?
Are there any children in the county on parole from the State industrial school?
W ho supervises them?
W h a t are the special legislative needs for the prevention of juvenile delin
quency, and for dealing constructively with juvenile delinquents, and with
adults responsible for contributing to delinquency of children?
V II.

M O T H E R S ’ P E N S IO N S

Sta te:
County:
Inform ant:
The Children’s Bureau is making a survey of Mothers’ Pensions Administra
tion throughout the United States. Data concerning your county will be
valuable for inclusion in this study.
W ere any Mothers’ Pensions granted by your county court during the past
year? I f so, please fill out attached form, giving data on families, children,
and amounts of grants.
Are the funds available in your county for this kind of aid to children in their
own homes sufficient to cover the needs, both as to number of families aided,
and the amounts given to the families?
Do you know of any mother of dependent children needing such aid and not
receiving it? W hat is the reason?
Do you know of any mothers receiving such aid who in your opinion should
not receive it?
Are any changes needed in the present mothers’ pension law of your State
or in the methods of local administration, in order to make it more effective
in safeguarding child welfare?

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NORTH DAKOTA AND SOUTH DAKOTA

V III.

129

CARE A N D PROTECTION OF FEEBLE-M INDED CHILDREN

State :
County :
Informant :
Are there any feeble-minded children in your county who should be sent to
the State institution for the feeble-minded? ( I f possible, give sex and ages,
and present whereabouts of such children.)
H as the State institution for feeble-minded been able to care for all the
feeble-minded who should be sent there, or is there need for more rooms?
Is the institution, in your experience, equipped to give the children the types
of training they can profit by?
Does the State institution for feeble-minded send feeble-minded children back
to the community from which they were received? I f so, what are the rules
in regard to length of stay in the institution, or training given before release?
Is there any supervision over the feeble-minded children who are returned
to their homes? By whom is this supervision given?
Are there any subnormal or feeble-minded children in the county who should
have training— especially domestic or industrial— that they are not now
receiving? Are your schools equipped to give such special training?
N eeds: Is there need for further institutional provision for the feeble-minded,
or for changes in your laws relating to the prevention of mental defect or
the protection of mentally defective children?’ Can your schools provide
adequately (public schools) for the training of subnormal and feeble
minded children who do not need to be sent to the State institution?

IX.

R E C R E A TIO N 1

State :
County :
Informant :
IN T H E T O W N S :
W h a t recreational facilities stimulated or provided for by the public?
Outdoor?
Indoor?
IN T H E C O U N TR Y D IS T R IC T S :
W hat kinds of organized athletics are there for boys?
For girls :
Other group activities?
Are there suitable meeting-places for young people?
Commercialized amusements : Kinds ?
Any that tend to lead young people into delinquency?
Public danee halls : Character.
Licensed?
Supervised?
By whom?
Pool rooms : Regulations regarding?
Enforcement?
W h a t is needed to insure wholesome and adequate recreational facilities?
W h at are the young people of the small town and rural communities actually
doing for amusement?*
Where do they spend their evenings?
Have you noticed any objectionable tendencies of a considerable number of
young people in your town
In the country?
W hat are they?

CHILD LABOR A N D SCHOOL A T T E N D A N C E 3

• / Information concerning recreation in connection with schools is requested on the child
labor and school attendance questionnaire (No. X ).
2This and the following questions were added at the request of the North Dakota ChildWelfare ^Commission.
* The information obtained from this questionnaire was not used in the present report.

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130

DEPENDENT AND DELINQUENT CHILDREN

XI.

DEPENDENCY A N D NEGLECT

Sta te:

County:
Inform ant:
How many dependency cases were heard before your Juvenile (county) court
during the past year? (Oct. 1, 1920-Oct. 1, 1921, or last fiscal year of court).
How many neglect cases?
How many children were removed from parental control, through court action?
(give ages, if possible)
Because of poverty?
Because child was illegitimate and the mother wanted to give it Up?
Because of neglect of parent or guardian?
W hat disposition was made of these children?
Number committed to the Home-Finding Society
Number committed to other agencies or institutions (give number to each)
Number placed directly by the judge in fam ily homes for adoption, and
number placed by him in free or boarding homes
Did the court remove any children from the custody of their parents tem
porarily?
How many during the year, and how were they provided for?
Total number of adoption cases in the county court during the year?
W ere any applications for adoption refused? W h y?
Do you know of any adoptions that have proved detrimental to the child, or
any children who have been placed in homes of poor character?
W h at appeared to be the reasons for the failure?
W ere there any children under 18 years of age (including infants with their
mothers) in your county farm (almshouse) during the past year?
Give ages
Are there any children in your almshouse now (ages, etc.)? Reason?
W h at legislative measures or administrative changes are needed for the pre
vention of child dependency and neglect, for the further protection of
dependent children, and for dealing effectively with parents who neglect or
abuse their children?

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Full text of Dependent and Delinquent Children in North Dakota and South Dakota : A Study of the Prevalence, Treatment, and Prevention of Child Dependency and Delinquency in Two Rural States, Bureau Publication No. 160

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