Full text of Laws Relating to Interstate Placement of Dependent Children, Bureau Publication No. 139

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m 13 1
U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary

CHILDREN’S BUREAU
GRACE ABBOTT. Chief

LAW S RELATING TO
INTERSTATE PLACEMENT OF
DEPENDENT CHILDREN
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G O Z L v n t*

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Bureau Publication No. 139

WASHINGTON
GOVERNMENT PRINTING OFFICE

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A D D IT IO N A L COPIES
O r THIS PUBLICATION MAY BE PROCURED FROM
THE SUPERINTENDENT OP DOCUMENTS
GOVERNMENT PRINTING OFFICE
WASHINGTON, D . C.
AT

10 C EN TS P E R C O P Y

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CONTENTS.
¡Letter of transmittal............................ .. *.........................................................’ ............
¡ Summary of State “ importation and exportation laws” .................... .....................
)
Recognition of the problem ......................... .............. . ........................................
Main features of the importation laws..................................................................
Enforcing a g e n cy .....................................................
Application of the law................................ .............................................. .
Consent or license required.....................
Bond or other guaranty...........................................................................'____
Conditions of the b on d........ . ............................................................... ........
Penalties...................................*........................................................................
Legal provisions as to taking dependent children out of the State................
Outstanding features of the laws. . ..................................... •...................... ..
Comparative tabular analysis and text of laws regulating the “ importation and
exportation” of dependent ch ildren ..............................................................
Tabular analysis of State laws............................................ ............... follow s.. .
Text of State laws................................................ . ..................................................
'A la b a m a ................. ................................................................ .........................
Delaware.......................................................... . ....... .......................................
Georgia................................................................ .................... .............. ........
Illinois....................................................... ......... I ....... ....... ................ ...........
Indiana..... .................................................._....................................................
Iow a............................................................ . .....................................................
Kansas..............................
K entucky...... .........
Maryland...................................................
Michigan...............
Minnesota........................: ................................................................................
Missouri..............................
Nebraska.....................................................
Nevada..................................
New Jersey...................... ............. . ...............................................................
New Y ork .............. ............. . . . ............................... .......................................
North Dakota. .........................................
Ohio......................................................
Oregon....... .......................... .............................................................................
Pennsylvania.......................
South Carolina! ................................... .*.......................... ......... ...... ..............
South D a k o ta .I.............................................
Tennessee........ ................................................
/
U tah............ ....................................... ; ............................................................
I
Vermont......................
/
Virginia...................
/
West V irgin ia...................................................................................................
Wyoming.........................................................
List of references, b y States..................................................................................
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LETTER OF TRANSMITTAL.

U nited States D epartment of L abor,
Children’ s B ureau ,

Washington, May 1, 192
Sm: There is transmitted herewith a report entitled “ Laws Re
lating to Interstate Placement of Dependent Children,” which was
prepared at the request of a conference of State officials of Pennsyl
vania, New York, Ohio, West Virginia, and Delaware who are
responsible for the care of dependent children in their respective
States.
The texts of these laws and the chart were compiled by Lulu L.
Eckman, of the bureau staff, and the analysis of legislation was made
by Emelyn Foster Peck. Legislation of 1924 is included so far as
it was available at the time of going to press.
Realization of the need of legislation on this subject is of recent
development and not yet general. The first law regulating the “ im
portation” of dependent children was enacted in Michigan in 1887,
and in 1899 Indiana, Illinois, and Minnesota passed laws that were
for many years regarded as models for legislation on this subject.
Although 20 of the 48 States still provide no legal regulation with
reference to the placement of dependent children from other States,
interest in the subject has greatly increased during the last decade.
It is believed, therefore, that this analysis of existing laws is timely.
Respectfully submitted.
Grace A bbott, Chief.
Hon. James J. D avis ,
Secretary o f Labor.
V

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J LAWS RELATING TO INTERSTATE PLACEMENT
OF DEPENDENT CHILDREN.
¡SUMMARY OF STATE “ IMPORTATION AND EXPORTATION
LAWS.”

j
J

m elyn

o ster

eck.

RECOGNITION OF THE PROBLEM.

Throughout the United States a large body of State laws has
developed in regulation of the placing of homeless children in family
homes. Most of these laws apply only to children placed within the
bounds of their own States. Laws restricting and regulating the
passage of children for this purpose from one State to another have
J
been of slower growth.
Early State conditions, especially in the West, were not such as
to make the “ importation” and “ exportation” of dependent chil
dren seem a pressing problem. Later, as conditions have changed
and cities with the aim of salvage have sent what threatened to be
the social waste of their congestion into rural communities of neigh
boring or distant States, public consciousness has become more alert
to the financial and social risks involved. Moreover, as public feeling
of responsibility for the protection of childhood has developed,
recognition is growing of the helpless situation of dependent chil
dren who are sent from one State to another.
The statutes of 28 States now 1 include measures regulating the
(' importation of children for placing in family homes, and 4 States
(
have legal provision regulating the sending of children out of the
\ State for this purpose.
j
In 1887 Michigan included these children in a law regulating the
apprenticing, binding, or other disposition of children and in 1895
required that any person, society, or asylum placing children from
another State file a bond with the probate judge of the county for
q'ach child so brought.2 In 1899 Indiana, Illinois, and Minnesota
énacted measures that appear to have been models for much of the
llater legislation on the subject.3 The Minnesota law was later
/repealed.
Within the period 1901-1904 Kansas, Missouri, Kentucky, Iowa,
North and South Dakota, and Ohio passed similar legislation. New
Jersey followed in 1907, Maryland in 1908, Nevada in 1909, and
i May 1, 1924.
* Michigan: 1887, N o. 192, p. 208; 1895, No. 33, p. 120.
8 Indiana: 1899, ch. 29, p. 41; Illinois: 1899, sec. 16, p. 136; M innesota: 1899, ch, 138.

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

Nebraska and Michigan— the latter adding more extended provisions
to the earlier one for bonding—in 1913.4
From 1915 through 1923— a period of great activity in child-wel- |
fare legislation— 13 States enacted laws on this subject; These were
Wyoming, West Virginia, Delaware, Pennsylvania, Tennessee, Min
nesota, Oregon, Vermont, Virginia, Georgia, Alabama, New York, j
and Utah.5 South Carolina passed a law on this subject in 1924.® ]
The Minnesota and Virginia acts are notable for constructive devel- i
opment, and the Georgia and Alabama acts follow those of Minnesota \
and Virginia, respectively.
M AIN FEATURES OF THE IM PORTATIO N LAWS.

The principal points covered in the laws now in force with regard
to the importation of dependent children from other States are the
following: (1) Agency responsible for enforcement; (2) application
of the law to organizations or individuals sending the children or to
individuals receiving them, with exceptions noted; (3) requirement
of enforcing agency’s consent to the bringing in of any dependent
child from another State or approval of the home in which he is to
be placed; (4) bond or other guaranty required of the organization
or individual sending or bringing the child, or of both; (5) condi
tions of the bond, with respect to (a) the exclusion of certain types
of children, (6) the notification of the State enforcing agency when
a child from another State has been or is to be placed, (c) the assur
ance of proper home conditions, ' (d) the requirement of supervision
and reports after children are placed, (e) the observance of rules and
regulations of the enforcing agency, and (/) the removal of the child
if he becomes a public charge or a social menace; (6) penalties for
disregarding the provisions of the acts. These features of the State
laws will be considered in the following sections.
Enforcing agency.

Among the 28 States having laws regulating the importation of
dependent children the authority charged with enforcement is usu
ally the board or department which stands at the head of the State
system of public relief-—the State board of charities, department of
4 Kansas: 1901, eh. 106, sec. 15; M issouri•1901, p . 132; K entucky: 1902, ch. 119; Iow a: 1902, eh. 133, sec. 12;
North Dakota: 1903, ch. 79, sec. 1 (amended b y 1911, ch. 80); South Dakota: 1903, ch. 89 (amended b y 190%
ch. 298, sec. 11 and b y 1915, ch. 119, sec. 21); Ohio: 1904, sec. 16, p. 567 (repealed and reenacted b y 1908, sec\
36, p. 201 and b y 1913, p. 877); New Jersey: 1907, ch. 153 (amended b y 1918, ch. 147, secs. 646 and 647 anct
b y 1922, ch. 95, secs. 648-650); M aryland: 1908, ch. 42, p . 92; Nevada: 1909, ch. 180, sec. 20, p. 229; NebraskaA
1913, ch. 197, secs. 4 and 7, p. 577 (amended b y 1919, ch. 190, secs. 5834-5837, p. 790); M ichigan: 1913, act 1
300, sec. i .
'
|
6 Wyoming: 1915, ch. 99, sec. 5; West Virginia: 1915, ch. 70, sec. 21 (amended b y 1919, eh. 110, sec. 14 |
and b y 1921, ch. 134, sec. 14); Delaware: 1917, ch. 185 (amended b y 1921, ch. 50); Pennsylvania: 1917, No.
287, p. 769, secs. 1-5; Tennessee: 1917, ch. 120, sec. 6, subsec. 5; M innesota: 1919, extra session, ch. 51,
secs. 5 and 9; Oregon: 1919, No. 405, sec. 7, subsec. 5; Verm ont: 1919, No. 208, sec. 1; Virginia: 1922, ch.
103, secs. 7, 8, and 10; Georgia: 1922, No. 521, secs. 9 and 11; Alabam a: 1923, N o. 543, secs. 6 ,7 ,1 0 , p. 723;
New Y ork: 1923, ch. 706, adding sec. 306 to the State Charities L aw ; Utah: 1923, ch . 59.
9 South Carolina: 1924, N o. 728, secs. 5 ,8 , 84.

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

public welfare, or similar body. The exceptions are Oregon, West
Virginia, Nevada, Kentucky, South Dakota, Alabama, and Utah.
In Oregon the State child-welfare commission, in West Virginia the
State board of children’s guardians, and in Alabama the State childwelfare department7 are the responsible public agencies. Nevada
|and Utah, which have no State board of charities or similar body,
(place responsibility for enforcing the law upon the attorney general
of the State and the State board of health, respectively.8 In Ken
tucky responsibility is divided between the Kentucky Children’s
Home Society (a private organization) and the county judge of the
county where the child is placed. The person or organization send
ing the child into the State must notify the children’s home society
and thereafter report to that society; and the society is to notify
such person or organization if the child becomes a public charge.
The bond must be furnished to the county judge and must be
acceptable to him.9
The South Dakota law provides for the filing of a bond with the
treasurer of the county into which the child comes, approval of one
freeholder and of the board of county commissioners being required
before the bond is valid. It is added that, in case any person has
in his care a child brought into the State for whom no bond has been
filed, that person is required by the law to notify the State board of
charities and corrections. The State board is to notify the county
court of the county where the child is living, which court thereafter
is to be responsible “ for the protection and benefit of such child and
the people of the State.” 10
V Generally speaking, the enforcing agency most fitting and most
promising for effective action is the State board or department,
wherever a strong central board or department has been established!
Application o f the law.

In 15 of the 28 State laws it is specified that the provisions are to
apply to organizations sending children into the State,11 in 13 that
they are to apply to persons, or to organizations or persons, so doing.12
In one case, Vermont, the approach is from a different angle: The
home into which the child goes must obtain permission from the
pforcin g authority to receive the child and must furnish bond or
pther guaranty to that body.13
G Oregon: Laws (Olson), 1920, sec. 9835; West Virginia: 1921, ch. 134, sec. 14; Alabam a: 1923, N o. 543,
; * Nevada: Revised Laws, 1912, sec. 747; Utah: 1923, ch. 59, sec. 4.
! • K entucky: Carroll’ s Statutes 1922, sec. 331c-l.
* South Dakota: R ev. Code, 1919, sec. 9992.
’ u Laws of Alabam a, Illinois, Iowa, Kansas, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oregon,
South Dakota, Tennessee, Virginia, West Virginia, W yom ing.
u Laws of Delaware, Georgia, Indiana, Kentucky, Maryland, Michigan, Minnesota, New Jersey
New York, North Dakota, Pennsylvania, South Carolina, Utah.
u Vermont: 1919, N o. 208, sec. 1.

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.

Certain of the enactments allow exception in their application.
The Indiana act exempts from regulation a relative bringing in a
child for the purpose of giving him a home in his own or any other
family.14 Maryland allows a like exemption.15 New Jersey exempts
a relative bringing in a child for placing in his own or another home
only if the State enforcing agency has given its consent.16 Kentucky
and South Dakota provide that a resident may bring into the State,
for care in his own home, a child who is a relative.17 The Pennsyl
vania law 18 exempts a relative bringing a child into the State td ^
give him a home in his own family and further exempts the placing
of a child in any institution in the State, providing that the child is
not removed therefrom and placed out except in accordance with the
provisions of the act. The Maryland law also does not apply to the
placing of children in institutions. The Iowa act is not to be con
strued as prohibiting an Iowa resident from receiving and adopting
into his family any child from another State.19 The Minnesota
and Utah laws contain provisos to the effect that nothing therein shall
be deemed to prohibit a resident from bringing a child into the State
for adoption into his own family. In North Dakota the law does 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
he must report to the board of administration his name and address,
the name of the child, and the name and address of the person or
agency from which the child was received. The South Carolina law
does not apply to persons related to such children by blood or mar
riage within the sixth degree. By an amendment passed in 1924 N ey
York exempts “ an authorized agency” from the application of the ac l
However, in 17 of the 28 acts no exceptions as to application arA
noted; and* in 4, exception is made only in the case of a relative
bringing a child into the State for the purpose of giving him a home.
A large majority, therefore, recognize that for all children brought
from outside to live among strangers the State should assume a
certain measure of responsibility.
Consent or license required.

T e n 20 of the 28 States require the written consent or formal
license of the enforcing agency, along with the bond or guaranty,
before a person or organization from another State may bring an^
child in for placing— a requirement which implies power to deny
right of entry. Virginia, Alabama, and Utah require consent but njo
u Indiana: B um s’ Annotated Statutes, 1914, sec. 3674.
m Maryland: Annotated Code, 1911, vol. 2, art. 88A, sec. 14.
i« New Jersey: 1918, ch. 147, sec. 649.
. '
,
nnno
n K entucky: Carroll's Statutes, 1922, sec. 331c-4; South Dakota: Revised Code, 1919, sec. 9992.

is Pennsylvania: Statutes, 1920, sec. 13480.
i» Iowa: Code Supplement, 1913, sec. 3260-L.
so Delaware, Indiana, Maryland, Michigan, Minnesota, New Jersey, New York, North Dakota, Penn
sylvania, Vermont.

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

bond. The laws of other States omit the requirement of consent,
Simply requiring that no child shall be brought in unless bond or
guaranty shall have been furnished.
A significant clause in the New Jersey law specifies that the
Request for license must be accompanied by a certificate or other
Evidence showing that the applicant is approved by the State board
¿r similar body of the State from which the child is brought, and the
New York law requires evidence that the applicant holds a license or
is approved by the State board of charities or similar body in the
State in which he resides or has his principal place of business.21
Minnesota in 1919, Virginia and Georgia in 1922, Alabama in 1923,
and South Carolina in 1924, took a notable step in the matter of
consent on the part of the enforcing agency. Before any child is
brought into the State for placing, the enforcing agency must be
notified of the name and address of the person with whom he is to be
placed and must give approval of the home as a suitable one for
the child.22
Bond or other guaranty.

Thirteen States require bonds of specified amounts ranging from
f $10,000 in Indiana, Kentucky, and Maryland to $500 in South
Dakota. In Indiana, Maryland, and New York, these must be
approved by the State enforcing agency— the State board— and are
blanket bonds covering children placed throughout the State.23 The
bond required in Kentucky covers only the children placed in a
given county and must be acceptable to the judge of the county
court.24 Delaware requires a blanket bond of $3,000, approved by
the State authority and covering the State, to be furnished by the
/"person or agency placing the child or by the individual with whom
/ the child is placed, or both, as the State authority may require.25
Minnesota, New Jersey, and Pennsylvania28 require bonds of $1,000,
acceptable to the State enforcing agency and covering the State.
Iowa requires the $1,000 bond and such other guaranty as the State
board of control may require.27 The Michigan bond of $1,000 .is
filed with the county judge and covers children placed within the
given county only.28 Georgia requires a $1,000 bond for each child
brought into the State.29 In North Dakota the bond of $1,000 must
- f ---------;---------------------------------------------------------------------------------------------------------------------------------'------------------V21 New Jersey: 1918, ch. 147, sec. 648; New York: State Charities Law , sec. 306, as amended 1924, ch. 437.
'/n M innesota: 1919, extra session, ch. 51, sec. 5; Virginia: 1922, ch. 103, sec. 7; Georgia: 1922, No. 521, sec. 9;
Alabam a: 1923, No. 543, sec. 6; South Carolina: 1924, No. 728, sec. 5.
7 ** Indiana: Burns’ Annotated Statutes, 1914, sec. 3671; M aryland: Annotated Code, 1911, vol. 2, art.
8A, sec. 12; New Y ork: State Charities Law , sec. 306, as amended 1924, ch. 437.
*< Kentucky: Carroll’s Statutes, 1922, sec. 331c-l.
86 Delaware: 1921, ch. 50, adding 1005E, sec. 3E to Revised Code.
8« M innesota: 1919, extra session, ch. 51, sec. 5; New Jersey: 1918, ch. 147, sec. 647, as amended 1922, ch. 95;
Pennsylvania: Statutes 1920, sec. 13477.
8? Iowa: Code Supplement, 1913, sec. 3260-L.
>8 Michigan: Compiled Laws, 1915, sec. 7231.
89 Georgia: 1922, No. 521, sec. 9.

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LAWS 02* INTERSTATE PLACEMENT 0E DEPENDENT CHILDREN.

be approved by the attorney general of the State and filed with the
State board of administration.80 The $500 bond of South Dakota
is made out to the county treasurer after approval by the board o f
county commissioners and signature by at least one freeholder of the
State, and covers children placed within the one county only.*0 In
Virginia and Alabama no bond is required, but the agency bringing ojr
sending the child into the State must enter into a written agreement
with the State enforcing agency to conform to the provisions of thje
act.
In all the other States except Utah and South Carolina, where no
bond or guaranty is required, the enforcing agency is to be furnished
with such guaranty as it may require.81
It should be noted that under the recent Minnesota, Virginia, and
Alabama legislation,82 while Virginia and Alabama require no bond
and Minnesota provides for a moderate one only— $1,000 covering the
State— the State nevertheless keeps a close grip on the situation. The
enforcing agency may at any time cut short the activities of any
person or agency disregarding provisions of the law, since no child
can be admitted without the consent of that authority.
Conditions o f the bond.

(

Certain children to be excluded.— The first condition of the bond
usually is that certain types of children shall not be brought into the
State. Most of the enactments on this subject exclude children
who are mentally unsound or dangerously subnormal, or so imperfect
physically as to be a social menace or unable to achieve self-support.
Georgia, Indiana, Minnesota, New Jersey, Pennsylvania, and South
Carolina debar any child who is incorrigible or of unsound mind df
body.88 In Delaware, Kentucky, and North Dakota, these classed
are excluded and also, in Delaware those who are mentally sub
normal; in Kentucky, those who have contagious or incurable
diseases; and in North Dakota, those who are likely to become public
charges.88® Laws of other States 34 forbid the entrance of children
who have contagious or incurable disease, or who are deformed,
feeble-minded, or of vicious character.
The Virginia and Alabama laws, which though requiring no bond
protect the State against undesirable importation by requiring con80 North Dakota: 1923, ch. 159, sec. 1; South Dakota: Revised Code, 1919, sec. 9992.
\
81 Illinois, Kansas, Missouri, Nebraska, Nevada, Ohio, Oregon, Tennessee, Verm ont, West Virginia,
W yom ing.
j
88 M innesota: 1919, extra session, ch. 51, sec. 5; Virginia: 1922, ch. 103, sec. 7; Alabam a: 1923, N o. 5^3,
sec. 6.
1
83 Georgia: 1922, N o. 521, sec. 9; Indiana: Bum s’ Annotated Statutes, 1914, sec. 3671; M innesota: 1919, extjra
session, ch. 51, sec. 5; New Jersey: 1918, ch. 147, sec. 647, as amended 1922, ch. 95; Pennsylvania: Statutes^
1920, sec. 13477; South Carolina: 1924, N o. 728, sec. 5.
S3a Delaware: 1921, ch. 50, adding 1005 E , sec. 3E to Revised Code; Kentucky: Carroll’ s Statutes, 1922, sec.
331 c-1; North Dakota: 1923, ch. 159, sec. 1.
84 Illinois, Iowa, Kansas, Missouri, Nebraska, Nevada, Ohio, Oregon, South Dakota, Tennessee,
Vermont, West Virginia, and W yom ing.

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.

sent from the State board for each child admitted, also require
)that the importing agency shall enter into a written agreement with
the board to remove any such child from the State whenever the
board requests the removal.35 The Maryland law on this point is
curiously worded. No ‘ ‘ actual pauper, vagrant, criminal, incor
rigible, insane, or helplessly crippled or diseased child ” is to be
prought in without the written consent of the Maryland Board of State
/Aid and Charities, and a $10,000 blanket bond is required against
public dependency.36
Notification.— Certain State laws provide that the person or agency
placing children from outside the State must notify the State enforc
ing agency, either before or at the time of sending. Indiana provides
that the enforcing agency— the State board— is to be notified im
mediately upon the placing and given the name and age of the child
and the address of the person with whom he is placed.37 Maryland,
New Jersey, and Pennsylvania have the same provision.38 In New
York38« the initial report to the board must include, in addition, the
name of the State, and the city, town, borough, or village or the
name of the country from which the child came, the religious faith
of the parents and of the child, the full name and last residence of
the parent or parents, and the name of the custodian from whom the
child was taken. The agency must also report the death of the child
or any reboarding, replacement, or other disposition. In North
Dakota,886 on the other hand, the law requires simply a report to the
board of administration without specifying what the report shall
qontain. In Michigan the county agent must be notified;39 in Ken
tucky, the State superintendent of the Kentucky Children’s Home
Society.49
/
Minnesota, Virginia, Georgia, Alabama, and South Carolina41
provide that the State board shall be notified before the child is
placed. If it decides that the child is to be admitted, it shall grant
a certificate stating that in its opinion the proposed home is a suitable
one for the child. Minnesota, Georgia, and South Carolina, going
into more detail and one step further in their provision for safeguard,
require that the notification or the certificate shall give the name and
age and a personal description of the child, the name and address of
m Virginia: 1922, ch. 103, sec. 8; Alabama: 1923, N o. 543, sec. 6.
u M aryland: Annotated Code, 1911, vol. 2, art. 88A, sec. 12.
to Indiana: B um s’ Annotated Statutes, 1914, sec. 3671.
toM aryland: Annotated Code, 1911, vol. 2, art. 88A, sec. 12; New Jersey: 1918, ch. 147, sec. 647, as amended
1922, ch. 95; Pennsylvania: Statutes, 1920, sec. 13477.
Mo New Y ork: State Charities Law , sec. 306, as amended 1924, ch. 437; 1923, ch. 706.
tob North Dakota: 1923, ch. 159, sec. 1.
- toM ichigan: Compiled Laws, 1915, sec. 2004.
toKentucky: Carroll’s Statutes, 1922, sec. 331c-l.
41M innesota: 1919, extra session, ch. 51, sec. 5; Virginia: 1922, ch. 103, sec. 7; Georgia: 1922, No. 521, sec. 9;
Alabama: 1923, N o. 543, sec. 6; South Carolina: 1924., N o. 728, sec. 5.

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.

the person with whom the child is to be placed, and such other
inform ation as may be required by the State board.
;;
^
Proper home conditions to be assured.— The Indiana law requires m
each case a written contract guaranteeing a proper home for the
child and making the person who receives him responsible for proper
care, education, and training.42 Kentucky, Maryland, New Jersey]
Pennsylvania, Virginia, Minnesota, and Alabama have like proviij
sions.43 The Minnesota, Virginia, and Alabama laws add that the\
contract must be approved by the State enforcing agency. Georgia
makes it one of the conditions of the bond that the person with
whom the child is placed shall be responsible for his proper care and
training.44 In New York the provision of a suitable home and the
responsibility of the person receiving the child for his proper care,
education, and training are both provisions of the bond.45
The text of the Michigan law shows great solicitude for the protec
tion of the child. Before a child is placed in a Michigan home the
home must be investigated by the county agent of the State welfare
commission and the agent’s statement of approval must be filed with
the probate judge to whom the bond is furnished.46
By the Delaware law 47 the person or agency responsible for the
placing must abide by the rules and regulations of the State board as
to health, education, and general welfare of the child. Delaware also
provides that the State board may order the removal of a child whom
it considers improperly placed, and if the order is not obeyed within
30 days may itself take charge of the child, collecting on the bond the
amount of whatever expenses are incurred.
; 'f l
Supervision and reports.-—Indiana requires that the responsibly
person or agency supervise care and training, sending an agent tov
visit the child at least once a year,48 and that reports as to the condi
tion of the child be made to the State board as that board may require.
Kentucky, New Jersey, New York, Pennsylvania, and Maryland
have similar provisions, Pennsylvania and Maryland requiring two
visits a year.49 New York also requires the placing agency to guarantee
the care and training of the children it places.
The Michigan law places the duty of visiting once a year upon the
county agent of the Michigan State Welfare Commission. As in his
42Indiana: B um s’ Annotated Statutes, 1914, sec. 3671.
« Kentucky: Carroll’ s Statutes, 1922, sec. 331c-l; M aryland: Annotated Code, 1911, vol. 2, art. 88A, sec. 12;
New Jersey: 1918, ch. 147, sec. 647 as amended 1922, ch. 95; Pennsylvania: Statutes, 1920, sec. 13477;
Virginia: 1922, ch. 103, sec. 7; M innesota: 1919, extra session, ch. 51, sec. 5; Alabam a: 1923, N o. 543, sec. 6.
44 Georgia: 1922, No. 521, sec. 9.
46 New Y ork: State Charities Law , sec. 306, as amended 1924, ch. 437.
« Michigan: Compiled Laws, 1915, sec. 2004.
« Delaware: 1921, ch. 50, adding 1005G, sec. 3G, to Revised Code.
48Indiana: Bruns’ Annotated Statutes, 1914, sec. 3671.
<»K entucky: Carroll’ s Statutes, 1922, sec. 331c-l; New Jersey: 1918, ch. 147, sec. 647 as amended 1922,
ch. 95; New York: State Charities Law, sec. 306, as amended 1924, ch. 437; Pennsylvania: Statutes, 1920,
sec. 13477; M aryland: Annotated Code, 1911, vol. 2, art. 88A, sec. 12.

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LAWS OIT INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

first investigation before the judge approved the bond, the agent is
to send copies of his report to the probate judge, the State commission,
and the licensee. Though the licensee is not specifically required by
law to visit the child, he must keep records of the child, of his parents,
df the person with whom he is placed, and of any change in residence
or custody of the child, and must make annual reports thereon to the
Michigan State Welfare Commission. Moreover, the State c o m m i s ion may visit and investigate at any time, quite as in the case of a
resident child placed by a Michigan agency.50
Minnesota, Georgia, and South Carolina make no specific require
ments as to visits; but they require the responsible placing agency
to report as to the location and well-being of the child, annually and
at such other times as the State board of control may direct, so long
as the child remains within the State and until he reaches the age of
18 or is legally adopted.51
Virginia and Alabama lay down a thoroughgoing principle as to
supervision— a principle that had already been laid down in Michigan.
The State board of public welfare in Virginia and the State childwelfare department in Alabama have the same right of supervision
over children placed from outside the State as over resident children
placed by the placing agency itself. The placing agency is by no
means relieved of its responsibility, however. It must report once
a year, or when the child is transferred to another home, or at any
other times that the board may direct.52
Utah stipulates that the placing agency keep a record of each child
until he becomes 18 years of age or is legally adopted or discharged.
The agency must also report annually to the State board of health
ajs to its management, system of visitation, etc., the report deterfnining whether or not a license shall be issued.52®
Observance o f rules and regulations o f enforcing agency— The laws of
Alabama, Delaware, Indiana, Minnesota, New Jersey, Pennsylvania,
and Virginia specifically state that any rules made by the State en
forcing agency on the subject of the placing of children from outside
the State must be observed.53 In Kentucky, Michigan, and Vermont
specific provision is made that the necessary regulation (in Vermont,
for issuing certificates) shall be made by the State enforcing agency.
I Removal o f child i f he becomes a 'public charge.—Under the Illinois
''lajw, if the child becomes a public dependent within five years after
being brought into the State the placing agency must remove him.54
•y Michigan: Compiled Laws, 1915, secs. 2004-2006.
y M innesota: 1919, extra session, ch. 51, sec. 5; Georgia: 1922, No. 521, sec. 9; South Carolina: 1924, No.
28, sec. 5.
63 Virginia: 1922, ch. 103, sec. 7; Alabama', 1923, N o. 543, sec. 6.
Mo Utah: 1923, ch. 59, secs. 2,4.
** See chart following p. 13.
h Illinois: Revised Statutes (Smith’s), 1921, ch. 23, sec. 210.

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.

Like provision is found in the laws of Iowa, Kansas, Missouri, Nebraska,
Nevada, Ohio, South Dakota, and West Virginia.55 Maryland requires (
the child’s removal by the placing agency within 30 days after the
receipt of written notice if he becomes a public charge before reach
ing the age of 21 years.58
I
Vermont and Wyoming merely provide for “ guaranty against the
child becoming a public charge; ” 57 and Oregon and Tennessee, against
his becoming a public charge within five years from the time of hisr
entrance into the State.58 Michigan requires as a condition of the V
bond that the child shall not become a public charge before reaching
the age of 21 years. In case of dependency, support is to be col
lected on the bond.59 Nothing is said in these five laws as to re
turning the child to the State from which he came.
Certain States have additional provisions in regard to removal.
In Indiana the child must be removed if he becomes a public charge
before reaching the age of 21 years; and if within three years from
his coming he is convicted of crime or misdemeanor and imprisoned,
he is to be removed immediately upon his release. Failure to remove
entails forfeit of $1,000, recoverable on the bond.80 The Pennsylvania
law on this point is the same.61 The New Jersey provision is similar
except that the amount of the forfeit62 shall be determined on the
basis of costs for care and prosecution. In New York the placing
agency must remove within 30 days after receiving written notice
a child who becomes a public charge during his minority and must
guarantee the removal immediately upon release of any child w|io
within three years from time of arrival is convicted of juvenile de
linquency or crime and committed to an institution or prison. Updn
failure of the licensee to remove the child the amount expended ip
the maintenance or prosecution of the child or for his return to the\
licensee is to be a charge upon the bond.82®
In Delaware the child must be removed if he becomes a public
charge, or is convicted of crime or misdemeanor, before reaching the
age of 21 years.63 Delaware and New Jersey stipulate that the placing
agency shall repay any sums expended in care or prosecution. Ken
tucky makes the child removable if he becomes a public charge before
65Iowa: Code Supplement, 1913, sec. 3260-L; Kansas: R evised Statutes, 1923, sec. 38-316; M issouri: R e
vised Statutes, 1919, sec. 1104; Nebraska: Compiled Statutes, 1922, sec. 8268; Nevada: Revised Laws, 191$,
Sec. 747; Ohio: General Code, 1920, sec. 1677; South Dakota: Revised Code, 1919, sec. 9992; West Virginih:
1921, ch. 134, sec. 14.
6« Maryland,: Annotated Code, 1911, vol. 2, art. 88A, sec. 12.
t7 Vermont: 1919, No. 208, sec. 1; Wyoming: Compiled Statutes, 1920, sec. 3903, subdiv. 5.
68 Oregon: Laws (.Olson), 1920, sec. 9835; Tennessee: Code (Baldwin) Supplement, 1920, sec. 4436a-65a-19.
m Michigan: Compiled Laws, 1915, sec. 7231.
e®Indiana: Statutes (B um s), 1914, sec. 3671.
6i Pennsylvania: Statutes, 1920, sec. 13477.
63 New Jersey: 1918, ch. 147, sec. 647, as amended 1922, ch. 95.
«3« New Y ork: State Charities Law , sec. 306, as amended 1924, ch. 437.
63Delaware: 1921, ch. 50, adding 1005E, sec. 3E, to R evised Code.

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

reaching the age of 21 or if he is imprisoned within five years of the
>time of his coming into the State, failure to remove in either case
entailing the forfeiture of $1,000 on the bond.64
B Minnesota, followed by Georgia and South Carolina, departs from
the three-to-five year limit as to delinquency and provides that if
he child becomes a public charge or, in the opinion of the board, a
aenace to the community before he reaches his twenty-first year, or is
dopted, the placing agency must remove him from the State.85 In
Virginia and Alabama, where there is no arrangement for bonds,
the placing agency is under written agreement with the State board
to remove the child at any time previous to adoption or coming of
age, on the request of that board.66 It is a notable point that Ala
bama, Georgia, Minnesota, North Dakota, and Virginia provide
for removal on request of the enforcing agency and go into little
detail as to what conditions would make the child a social menace
and necessitate his removal. This is an interesting example of
government by executive board rather than by strictly detailed legis
lative enactment a marked feature of present-day development in
the handling of social problems.
Penalties.

Besides the forfeits noted above in case of failure to remove a
child who has become a public dependent, various penalties are
laid down for disregarding the provisions of the act. Where a fine
is the only penalty specified in the law, the amount is $100 in Dela
ware (for first offense), Indiana, and New Jersey; not more than
$100 in Oregon, Pennsylvania, Tennessee, and Wyoming; not more
$han $500 in Vermont; and not more than $1,000 in Maryland.
Penalties of imprisonment varying from 10 days to one year, or fines
,v>f
ft) $200, or in some States both such fine and imprisonment
are provided for in the laws of Alabama, Illinois, Kansas, Kentucky,
Michigan, Missouri, Nebraska, Nevada, Ohio, South Dakota, Vir
ginia, and West Virginia. Minnesota, Virginia, Georgia, and South
Carolina make violation of the law simply a misdemeanor. In
fytichigan a society's license may be revoked for violation of the law,
and an agency operating without license not only is liable to fine or
imprisonment, or both, but may be debarred from placing work
fbr 10 years.67
Kentucky: Statutes (Carroll), 1922, sec. 331c-l.
® M innesota: 1919, extra session, ch. 51, sec. 6; Georgia: 1922, No. 521, sec. 9; South Carolina: 1924, N o. 728
s^ sc. 5.
’
Virginia: 1922, ch. 103, sec. 7; Alabam a: 1923, No. 543, sec. 8.
67 For citations see chart following p. 13.

63870°—24----- 2

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

LEGAL PROVISIONS AS TO TAKING DEPENDENT CHILDREN OUT OF
THE STATE.

To regulate the “ exportation” of homeless children, and thus to
limit the carrying of such social problems over the borders into othe
States calls for a broader spirit than that which simply makes for
local self-protection. Though such a measure is not so immediatel
and demonstrably one of local self-interest, Alabama, Minnesota,
North Dakota, and Virginia have risen to legislative action on this
subject.
A section of the Minnesota law 88 gives the protection of State
oversight to children taken out of the State for placing elsewhere
in foster homes. Unless the person responsible for such placing
is the child’s parent or guardian he must notify the State board
of control, giving the name and age and a personal description
of the child, the name and address of the person with whom the
child is to be placed, and any other information that the board
may require. Thereafter he must report to the board annually, or
more frequently if it so directs, until the child reaches the age of
18 or is legally adopted. The North Dakota law68is similar in respect
to procedure at the time of placement, but it does not require the
subsequent reports called for by the Minnesota law.
A similar section in the Alabama and Virginia laws89 provides
that in such cases the child must be placed under a written contract,
approved by the State enforcing agency, to the effect that the person
with whom the child is placed shall be responsible for his proper
care and training. These States have the same requirement às
Minnesota with regard to reports.
J
OUTSTANDING FEATURES OF THE LAWS.

Since the early laws of Indiana and Illinois the most notable1 ..
development in legal regulation of importation and exportation of
dependent children has appeared in the measures enacted by Minne
sota and Virginia. The original points here are : The requirement in
each case of the State board’s consent to admittance to the State and
of its approval of the home before the child is placed; supervision by
the State board, as in the case of any child placed by that board and
under its immediate care; removal of the child from the State on
the request of the State board, which in this matter is given large
discretionary power; careful safeguarding of children removed fronà
the State for placing. Especially important, also, is the thorought
going plan of organization for public supervision revealed by the
Michigan law.
I
® M innesota: 1919, extra session, ch. 51, sec. 6; North Dakota: 1923, ch. 159, sec. 2.
69 Virginia: 1922, ch. 103, sec. 7; Alabama: 1923, No. 543, sec. 7.

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COMPARATIVE TABULAR ANALYSIS AND TEXT
OF LAWS REGULATING THE “ IMPORTATION AND
EXPORTATION” OF DEPENDENT CHILDREN *
(IN C L U D E S L E G IS L A T IO N T H R O U G H 1923
A N D L A W S O F 1924 A V A IL A B L E T O D A T E )

Compiled by

LULU L. ECKMAN

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Tabular

A n a l y s is

State

Law

e l a t in g

II. Application of law; exemptions.

3tate. and statutory
references.

“ I m p o r t a t io n ”

ependent

Ch il d r e n .1

H r. Conditions which must he m et before child m ay b e brought in to State for purpose of placing.
Conditions to b e secured b y bond or guaranty.

I. Enforcing agency.
Individuals, agencies, etc.
classés of children.

Relatives exempted, other
exemptions.

Consent o f license required.

B ond or other guaranty
required.

Classes of children excluded
from State.

State agency to b e notified
of intention to bring child;
also o f placement.

I V . Violation; penalty.
Supervision o f child b y
placing agency; by other
agency.

R eports required o f placing

Observance of rules and
regulations.

Rem oval of child from State
i f h e becomes: a public
charge.

Child to b e placed under
written
contract, ap
proved b y State enforcing
agency, m aking person
w ith whom placed respon
sible for proper care and
training.
Before child
m ay be broughtinto State
placing-agency m ust no
tify enforcing agency and
obtain therefrom a certifi
cate approving the pro
posed home.

State child-welfare depart
m ent has same right o f
visitation and supervision
of child and home in which
placed as i n case of child
placed b y that depart
ment.

Placing agency shall report,
t o State enforcing agency
annually, o r when ch ild is
placed in another hom e, or
a t such tim e s as depart
m ent requires concerning
location and well-being of
child solon g as he remains
w ithin State un til he
reaches age o f 18 or is le
gally adopted.

Placing ageney shall eonform to rules o f State wel
fare commission.

U pon request o f State en
forcing ageney any ch ild
w ho has not been adopted
or become o f age m ust be
rem oved from State b y
placing agency.

\ iolation o f a n y of these pro
visions i s punishable b y
fine o in o t m ore than 1100
or im prisonm ent for 1 year ,
or both.
’

Observance o f rules and re
gulations o f State board of
charities regarding educa
tion, health, general wel
fare, etc., is required.
(See also col. 10.)

State board o f charities is
authorized t o make rules
and regulations regarding
supervision. It shall also
examine proceedings o f
agencies securing homes,
and i f satisfied that child
has been placed in im
proper home may order his
transfer or removal from
State; i f such order is not
obeyed within 30 days,
m ay take charge of child.

Placing agency shall abide
b y allrules and regulations
made b y State board of
charities pertaining to
supervision, e d u c a t io n ,
health, removal, and gen
eral welfare o f all such
children.

I f child becomes a public
charge, or is convicted of
ciim e or misdemeanor be
fore reaching age o f 21,
agency responsible for his
placing shall, w ithin 30
days after written notice
from State board o f char
ities, remove- him from
State, and shall reimburse
State, county, or m uni
cipality for expenseincurred in his care or prosecu
tion. «¡State board m ay
also order rem oval of
ch ild found to have been
placed in improper home.

V iolation o f any o f these
provisions constitutes mis
demeanor punishable b y
fine o f $100; continued dis
regard after notification
is punishable b y fine of $100
to $1,000.

Before child m ay be brought
in to State the placing
agency m ust notify State
board of public welfare
and, obtain from ;this board
certificato stating that in
its opinion proposed home
is suitable.
The person w ith whom
child is placed becom es
responsible for his proper
care and training.

Placing agency is required
to report annually to State
board concerning wellbeing o f child so long as he
remains within the'State
until he reaches age of 18
or is legally adopted.

I f child becomes a public
charge or if in opinion of
board of public welfare
he becomes a menace to
th e: community, ,prior to
his adoption or becom ing
of legal age,¡placing agency
guarantees his removal.

Violation of any o f these
provisions constitutes mis
dem eanor. (A m i s d e
meanor for w hich no pen
alty is fixed b y law m ay
be punished b y fine not
exceeding $1,000, im pris
onm ent for
6 to 12
m onths, or b oth fine and
im prisonm ent
[C o d e
1914 (P enal), sec. 1965]. )

I f child becomes a public
charge within 5 years after
being brought into State,
placing agency shall re
ceive him prom ptly and
remove him from State.

Person receiving or placing
child on behalf o f associa
tion n ot having com plied
w ith requirements of law
is subject to imprisonment
for 30 days, or fine of $100,
or both.

I f child becomes a public
charge before reaching age
of 21, placing agency
guarantees • his rem oval
from State within 30 days
after notice b y State
board; if he is convicted of
crim e or misdemeanor
and imprisoned within 3
years after arrival in State
his removal im m ediately
upon being released from
prison is guaranteed.

U pon failure to rem ove child
under conditions guaran
teed by bond, placing
agqncy.shall-forfeit $1,000,
to be recovered on bond.
Violation of any provisions
of this act is punishable
by fine of $100.

Proper hom e conditions to
b e assured.

8
A L A B A M A ............................
[1923, No. 543, secs. 6,7,10.]

DELAW ARE.
[1921, ch. 50.]

State child-welfare depart
ment.

State hoard of charities.

G E O R G IA ...............................
[Laws 1922, No. 521, secs. 9
and 11.]

State board of public welfare

IL L IN O IS ................................
[Smith’s Revised Statutes,
1921, ch. 23, sec. 210. ]

Department o f public wel
fare.

IN D IA N A ................................. Board of State charities.
[B um s’ Annotated. Statutes,
1914, secs. 3670-3674.]

A gency bringing or sending
child in to State for pur
pose of placing or procur
ing adoption.2

Consent o f State enforcing
agency required.

Placing agency shall enter
in to written agreement
with State enforcing agen
cy.

Person, association, or cor
poration bringing or send
ing, or causing to be
brought or sent into this
State any dependent child
for purpose o f placing in a
hom e b y indenture, adop
tion, boarding, or other
wise.

W ritten consent of State
board of charities.

B ond of $3,000 required of
placing agency, o f person
receiving child, or or both;
surety m ay be required.
[Blanket bond presumed to
be the inten tion , b u t law
not specific.]

Child who is incorrigible
unsound of mind or bodyj
or mentally subnormal.

Person bringing or sending
child into State for purpose
of placing him out or pro
curing his adoption.

B ond of $1,000 for each child
shall be filed with State
board of public welfare;
such bond must receive
approval of hoard.

Child who is incorrigible or
unsound of mind or body.

Association incorp o r a t e d
under laws of another
State placing child in
family hom e within this
State, with or without
indenture or for adoption.

Department of public wel
fare to be furnished such
guaranty as it m ay require.

Child having contagious or
incurable disease or de
formity, or being of feeble
m ind or vicious character.

B ond of $10.000, approved
b y board oi State charities.

Child who is incorrigible, or
unsound of mind or body.

Person, corporation, associa
tion, or institution bring
ing or causing to be brought
or sent into this State any
dependent child for pur
pose of placing in family
hom e b y indenture, adop
tion, or otherwise, or
abandoning such child.

Relative bringing child from
another State for purpose
of giving such child a home
iti his own o r'a n y other
fam ily is exem pt from
these provisions.

W ritten consent of board of
State charities.

[Blanket bond presumed to
be the'intention, but law
not specific.]

Before bringing child in to
S t a t e , p l a c i n g agency
shall notify State childwelfare department of its
intention and receive cer
tificate therefrom stating
that in its opinion pro
posed hom e is suitable.

Before child is brought into
State, the State board of
public welfare shall be
notified of such intention
and, given description of
child; ¡ also - naine - and
address of person with
whom he is to be placed;
and placing agency must
receive from State board
certificate stating that in
its opinion proposed home
is suitable.

State board to be notified
immediately upon place
ment, and given name and
age-of Child and residence
o f person with whom
placed.

Child to be placed under Child to be visited at least
written contract securing
once a year b y responsible
for him proper hom e and
agent for placing agency.
making person with whom
placed responsible for care,
education, and training

1Including also “ Exportation law s” of Alabama, Minnesota, North Dakota, and Virginia.
. „ . ,2 Alabama regulates the taking of a child out of the State for the purpose of placing in a foster home b y any other person than the parent or guardian. The State child-welfare department must be notified of the intention to do so and eiven such informatinn a« +sia
child is placed responsible for his proper care and training; the placing agency must report annually, and at such other times as the department m ay direct, as to the location and well-being of child until he becomes 18 years of age or is i f g a ily a d o p te d .[G e n . Laws 1923, N a ^ 3 ,™ ^

Placing agency shall report
annually and at such
other times as State board
of public welfare directs
con cern in g:lncgtion . and
well-being of child so long
as he remains within State
until he reaches age o f 18
or is legally adopted.

Placing agency to make to
State board such reports
as board m ay require.

Placing agency to conform
to such rules and regula
tions as State board m ay
make.

P
,
th placms agency sha11 Place th e child under a written contract, approved b y the department, making
63870°—24.

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the person with whom the

(Follows p. 13.)

N o. 1

' ! .'

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Federal Reserve Bank of St. Louis

I '

abular

n a l y s is

State

L aw s

e l a t in g

|to

“ I m p o r t a t io n ”

ependent

C h il d r e n —

Continued.

H I. Conditions which must be met before child m ay be brought into State for purpose of placing.

II. Application of law,-exemptions.

Conditions to be secured b y bond or guaranty.
State, and statutory
references..

IV . Violation; penalty.

I. Enforcing agency.
Individuals, agencies, etc.;
classes of children.

Relatives exempted, other
. exemptions.

Consent or license required.

B ond or other guaranty
required.

Classes o'f children excluded
from State.

State agency to be notified
of intention t o bring child ;
also of placement.
8

Proper home conditions to
be assured.

Supervision of child by
placing agency; b y other
agency.

Reports required of placing
agency.

Observance of rules and
regulations.

Rem oval of child from State
i f he becomes a public
charge.

1
Association incorporated un
der laws of another State
placing child in family
hom e within this State,
with or without indenture
or for adoption.

IO W A .......................................
[Code, Supplement of 1913,
sec. S260-L.]

State board of control.

K A N S A S .................................
[Revised Statutes 1923, sec.
38-315.]

State board of administra
tion.

K E N T U C K Y .........................
[Carroll’s Statutes 1922,
secs. 331C-1 to 331c-4.]

State superintendent of Ken- Person, corporation, associ
ation, or institution bring
tucky Children’s H om e
ing, sending, or causing to
Society.
be brought or sent into
this State from another
State any dependent child
for purpose of placing in
family home, with or
without indenture or for
adoption.

M A R Y L A N D ........................
[Annotated Code 1911, voi.
2, art. 88A, secs. 12-14.]

Board of State aid and char
ities.

Person, corporation, associ
ation, or institution bring
ing, sending, or receiving,
or causing to be brought,
sent, or received in this
State any pauper, vagrant,
criminal, incorrigible, in
sane, or helplessly crip
pled or diseased child for
purpose of placing b y in
denture,
adoption,
or
otherwise.

M IC H IG A N ...........................
[Compiled Laws 1915, secs.
2001-2008,2010,7231.]

State welfare commission—

Person, society, association,
organization, or corpora
tion of this State or of
another State placing
minor children in homes
in this State b y indenture,
adoption, on trial, or other
wise.

Blanket bond of $1,000 and
such guaranty as State
board of control m ay re
quire.

Law does not prohibit resi
dent of State from receiv
ing and adopting into his
family any child or chil
dren from another State.

Such guaranty as
board requires.

.d o .

I f child becomes a public
charge within 5 years after
being brought in to State,
placing agency shall re
ceive him prom ptly and
rem ove him from State.
-d o .

.d o .

B ond of $10,000 to be fur
nished county judge of
county where child is to
be placed.

Child who is incorrigible, or
unsound of mind or body,
or w ho has a contagious or
incurable disease.

Report to be made to State
superintendent of Ken
tucky Children’s Hom e
Society when child is
placed, giving name and
age o f child and name and
address of person with
whom placed.

Child to be placed under
written contract securing
proper home and making
person w ith whom placed
responsible for proper care,
education, and training.

Child to be visited at least
once a year b y responsible
representative of placing
agency.

Placing agency to make to
superintendent of Ken
tucky Children’s H om e
Society such reports as
superintendent m ay re
quire.

W ritten consent of board of
State aid and charities re
quired. (See col. 3 for
classes of children for
which consent is re
quired.)

B ond of $10,000, approved
b y State board, shall be
furnished board o f State
aid and charities. (See
col. 3 for classes of chil
dren for which such bond
is required.) [ B l a n k e t
bond presumed to be the
in ten tion but law is not
specific.]

See colum n 3 for classes of
children the bringing of
which is regulated.

State agency to be notified
imm ediately when such a
child (as is described in
col. 3) is brought into the
State, and given name and
age of child and name and
address of person with
whom placed.

Child to be placed under
written contract securing
for him proper hom e and
making person w ith whom
placed responsible for
proper care, education,
and training. (See col. 3
for classes of children to
which this refers.)

Child to be
once in 6
sponsible
of placing

visited at least
months by re
representative
agency.

Placing agency to make to
State board such reports
as board m ay require.

Must be licensed therefor by
State welfare commission.
Annual renewal of license
required.

[Section 7231 of the Com
piled Laws requires that
a bond of $1,000 be filed
with the probate judge of
the county for each child
placed therein, such bond
to have tw o sureties, one
a resident of county.
This section comes from
an old law which the
State enforcing agency
considers to have been
superseded to a certain
extent b y the later enact
ments (secs. 2001-2008)
requiring agencies outside
the State to be licensed
b y the State enforcing
agency before th ey m ay
place children within the
State. Under this inter
pretation it appears that
the bond is required only
of persons and agencies
that are not so licensed.]

County agent of State com
mission shall be notified
when child is placed; also
to be notified in case of
adoption or subsequent
removal of child.

Before child m ay be placed
therein proposed home
shall be investigated b y
county agent of State com
mission and his approval
in writing filed with pro
bate judge. R eport of
agent’s investigation shall
be filed in triplicate, one
with probate judge, one
with State com m ission,
and one w ith licensee.

County agent of State com
mission shall visit each
child at least once a year
and report thereon to
probate judge, State com
mission, and
placing
agency. Such visits to
cease with adoption of
child. State commission
m ay investigate at any
time.

Placing agency is required
to keep record of child,
of name and residence of
parents, and of person with
whom placed, also of any
change m custody of child
or of residence of custo
dians; and to make annual
report thereof to State
commission.

relative bringing child
from another State for pur
pose of giving him a home
in his own family is ex
em pt from these provi
sions.

Relative bringing child from
another State for purpose
of giving him a hom e in
his own or any other fam
ily is exempt from these
provisions; neither does
law apply to placing of
children in any institution
within this State.

State

Child having eontagious or
incurable disease, or a
deformity, or being of
feeble m ind or vicious
character.

Necessary rules and regula
tions to be made b y State
enforcing agency.

State welfare commission
is authorized to m ake such
rules and regulations as it
deems advisable to pro
tect interests of children
and to carry out intent of
law.

A n y person receiving to be
placed or placing a child in
behalf of association not
incorporated within this
State which has not com
plied with requirements of
law is subject to imprison
m ent for 30 days, or fine of
$5 to $100, or both fine and
im prisonm ent.

I f child becomes a public
charge before reaching 21
years of age, placing
agency guarantees his re
m oval from State within
30 days after receiving
w ritten notice thereof
from superintendent of
K e n t u c k y C h ild r e n ’ s
H om e Society; if he is con
victed o f crime or misde
meanor and imprisoned
within 5 years after arrival
in State, his removal there
from immediately upon
release from prison is
guaranteed.

U pon failure to remove child
under conditions guaran
teed b y
bond, placing
agency shall forfeit $1,000,
to be recovered on bond.
T o receive child for placing
or to place in a hom e in
violation of this act is pun
ishable b y imprisonm ent
for 10 to 60 days or fine of
$25 to $200, or both fine
and imprisonment.

If child becomes a public
charge before reaching age
of 21, placing agency guar
antees his removal from
State within 30 days after
written notice from State
board.

Violation constitutes misde
meanor punishable b y fine
not exceeding $1,000.

[No provision for removal
but the bonding p rov i
sion as found in section
7231 contains a guaranty
against the ch ild’s be
com ing a public charge
before reaching the age of
21. F or interpretation of
this section see col. 6.]

For violation of any of these
provisions license of society
m ay be revoked. Unless
person acting, or organiza
tion which he represents,
is licensed, such person is
guilty of misdemeanor and
liable to a fine of $25 to
$100, or imprisonm ent for
30 to 90 days, or both, and
m ay be debarred from such
work for 10 years.

63870°—24. (F ollow s p. 13.)

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T abular

A n a l y s is

State

aw s

e l a t in g » t o

“ I m p o r t a t io n ”

ependent

Ch il d r e n —

Continuedi.

I I I . Conditions which must be met before child m ay be brought into State fo r purpose of placin g

I I . Application of law ; exemptions.

Conditions to be secured b y bond or guaranty.
State, and statutoryreferences.

I. Enforcing agency.

Individuals, agencies, etc.;
classes of children.

Relatives exempted, other
exemptions.

Consent or license required.

B ond or other guaranty
required.

Classes o f children excluded
from State.

3
These provisions d o not pro
hibit resident o f State
from bringing child in to
State for adoption in to his
ow n family.

Consent of State board o f
control is required.

B ond of $1,000, approved
b y State board, shall be
filed with that board.
[Blanket bond presumed
t o b e the intention but
law not specific.]

Child who is incorrigible, or
unsound of mind or body.

M IN N E S O T A ........................
[1919, extra session, ch. 51,
secs. 5, 6, and 9.]

State board of co n tr o l...

Person bringing or sending
child in to this State for
purpose o f placing him
out or procuring his adop
tion. 3

M ISSO U R I.............................
[Revised Statutes 1919, secs.
1104-1105.1

State board of charities and
corrections.

Associationincorporated un
der laws of another State
placing child in fam ily
hom e w ithin this State,
with or without indenture
or for adoption.

State board to be furnished
such guaranty as i t m ay
require.

Child having contagious or
incurable disease or being
of feeble mind or vicious
character.

N E B R A S K A ..........................
[Compiled Statutes 1922,
secs. 8268 and 8271.]

Department of public wel
fare.

Associationincorporated un
der laws of another State,
placing any child in fam ily
home within this State,
with or without indenture
or for adoption. A lsoperson receiving child to place
him i n a hom e on behalf
of a foreign corporation
which has not complied
with the law.

Shall enter into undertak
in g w ith department of
public welfare, and fur
nish such sureties as that
department m ay require.

Child having contagious or
incurable disease, or any
deformity, or being of fee
ble m ind or vicious char
acter.

N E V A D A ...............................
[Revised Laws 1912, sec.
747.]

Attorney general.

Associationincorporated un
der laws of another State
placing child in family
hom e w ithin this State
with or without indenture
or for adoption.

Shall furnish attorney gen
eral such guaranty as he
m ay require.

N E W J E R S E Y .................. .
[1918, ch. 147, secs. 646-647
as amended b y 1922, ch.
95; secs. 648-650.]

State commissioner of insti
tutions and agencies.

Person, corporation, associa
tion, or institution bringi ng or causingto be brought
or sent in t o this State any
dependent child for pur
pose o f placing in a home
b y indenture, adoption, or
otherwise, or abandoning
such child.

Relative bringing child from
another State for purpose
of giving him a hom e in
his own or any other fam
ily, with consent of State
enforcing agency, is ex
empt from these provi
sions.

Licensemust be secured from
commissioner o f institu
tions and agencies ; and re
quest for suchlicense must
be accompanied b y certifi
cate or other evidence
showing that applicant is
approved b y State board
or similar body of State
from
which child is
brought.

Blanket bond of $1,000, ap
proved b y State enforcing
agency, snail be furnished.

State agency t o be notified
of intention to bring child;
also of placement.
8'
Before bringing child into»
State» the- placing agency
m ust notify State board of
control o f such intention,
giving a description o f child
and name and address of
person with whom h e is to
b e placed and m ust receive
from State board certificate
stating that in its opinion
proposed hom e is suitable.

Proper home conditions to
be assured.

Supervision o f child b y
placing agency; b y other
agency.
10

Child to be placed under
written contract approved
b y State board of control,
m aking person with whom
he is placed responsible
for proper care and train
ing. Before child m ay be
brought in to State the
placing agency m ust no
tify State board o f control
and obtain from this board
certificate stating that in
its opinion proposed hom e
is suitable.

Placing agency is required
t o report annually con
cerning well-being of child
so l ong as he remains withi n State until h e reaches
age o f 18 car is legally
adopted.

IV.. Violation;: penalty.
Reports required of placing
agency.

Observance of rules and
regulations.

Placing agency shall report
annually and at such other
times as board o f control
directs concerningl ocation
and well-being o 1child, so
1ong as h e remains within
State, until he reaches age»
of 18 or is legally adopted.

Conformance t o rules o f
State» hoard o f control is,
required.

.d o .

Child who is incorrigible, or
unsound of mind or body.
Blindness in itself is not a
barrier.

Notice to be given to enforc
in g agency immediately
when child is placed, with
name and age of child and
name and residence of per
son with whom placed.

Child to be placed under writ
ten contract which will
secure for him proper home
and make person receiving
him responsible for care,
education, and training.

Placing agency shall super
vise care and training, hav
in g each child placed b y it
visited at least once a year
b y responsible person or
agent.

Placing agency shall make
such reports from tim e to
tim e as are required b y the
State enforcing agency.

Observance of rules and reglations of State enforcing
agency is required.

Rem oval of child from State»
i f h e becomes» a publie
charge:
13

If child becomes: a public
charge or i f in opinion of
board of control he be
comes a m enace to» the
com m unity before he be
comes oil egal age or b efor e
he is legally adopted,
placing ageney guarantees
to rem ove him from State.

Violation of these provisions
or making; of false, state
m ents or reports consti
tutes misdemeanor; a sec
ond or subsequent offense,
a gross misdemeanor. (A
misdemeanor for whieh no»
penalty is fixed b y law
m a y b e punished b y im
prisonm ent in the cou nty
jail fo r n ot more than 3
m onths, or fine o f $100.
A gross m isdemeanor is
punishable b y imprison
m ent fo r 1 year or fine o f
$1,000 [Gen. Stat. 1913
secs. 8482 and 8483].)

If child beeomes a public
charge within 5 years after
arrival in State, placing
agency shall receive him
prom ptly and rem ove him
from State.

Person w h o receives or places
child i n behalf of foreign
agency whieh has not com
plied with these require
m ents is subject to im
prisonment for 30 days, or
fine o f $5 to $100, or both
fine and imprisonment.

If child becomes a public
charge within 5 years after
arrival within State, plac
ing agency shall receive
him and rem ove him from
State.

Person violating provisions of
act is guilty of misdemean
or and liable to imprison
m ent for not m ore than 30
days or fine of $50 to $200.

If child becomes a public
charge within 5 years after
arrival in State, placing
agency shall receive him
and rem ove him prom ptly
from State.

T o receive for placing or to
place child on behalf of
foreign corporation which
has not com plied w ith law
is punishable b y imprison
m ent for 30 days, or fine of
$6 to $100, or both fine and
imprisonment.

If child becomes a public
charge before reaching age
of 21, placing agency
guarantees his rem oval
from State within 30 days
after receiving written no
tice thereof from State en
forcing agency; a n d ifh e is
convicted of crim e or mis
demeanor within 3 years
after arrival in State his
r e m o v a l imm ediately
upon release from prison
is guaranteed.

U pon failure to rem ove child
from State as is provided
under terms of guaranty,
placing agency shall forfeit
such sum as State, county,
or m unicipality m ay have
expended in care or prose
cution of child. Violation
is punishable b y fine of not
not more than $100.

State hoard to be notified Child to be placed under Placing agency guarantees Placing agency guarantees
Must be licensed therefor b y Blanket indem nity bond of
Person, agency, association, Authorized agency.
If child becom es public For failure to rem ove any
reputabl e surety com pany
imm ediately of name and
State board of charities.
agreement which will se
to supervise care and trainto make such reports!rom
corporation, society, insti
charge during his m inor
child from State as provid
for
not
less
than
$J,000,
age o f child, place from
cure for him a proper home
Application
for
license
in g of each child placed b y
tim e to tim e as State en
tution, or other organiza
ity , placing agency agrees
ed in terms o f guaranty,
approved b y State enforc
which he came, name, last
shall be submitted on
and make person so re
it; shall visit annually b y
forcing agency requires.
tion, except an authorized
to rem ove him from State
amount expended! n main
ing
agency,
shall
be
fur
residence,
andreligious
forms
approved
and
pro
ceiving him responsible
responsible agent; shall
agency, bringing, sending,
within 30 days after re
tenance
or prosecution of
nished that board.
faith o f parents, name and
vided b y State board and
for his proper care, educa
make such reports as State
or causing to b e brought
ceiving written notice
child or for his return to
residence
o
f
person
or
tion, and training; his re
shall b e accompanied b y
enforcing agency requires.
or sent in to this State any
th
e
re
o
f;if
w
ithin
3
years
licensee shall be charge
agency with which placed,
ligious faith to be consid
p roof that applicant is
child for th e purpose o f
from tim e o f arrival he is
upon bondany change in disposition.
ered in placing.
licensed or otherwise ap
placing, boarding, or pro
convicted o f uvenile de
proved
b
y
State
board
of
curing th e placing b y
lin q u en cy or crim e and
charities or similar body
adoption, guardianship, or
com m itted to institution
within his own State.
otherwise, in a fam ily, a
or p rison , placing agency
hom e, or an institution,
guarantees his removal
except with an author
im m ediately upon his reized agency.
I lease.
the taking of a child out of the State for the purpose of placing in a foster home b y any person other than the parent or guardian, by requiring that the State board of control be notified as is outlined above (see col. 8); also that the board receive reports at least annually as to the location and well-being of the child until he reaches the age of 18 or is legally adopted. [1919, extra session, ch. 51, sec. 6.;
3 Minnesota also regulates

N E W Y O R K ........................
[State Charities Law , sec.
306, added b y 1923, ch.
706, and am ended b y
1924, ch. 437.]

State board of charities.

63870°—23 (Follow s p . 13.) No. 3

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Federal Reserve Bank of St. Louis

abular

n a l y s is

State

L aw s

e l a t in g

“ I m p o r t a t io n ”

ependent

Ch il d r e n —

Continued.

III. Conditions which must be m et before child m ay be brought in to State for purpose of placing.

II. Application of law; exemptions.

Conditions to be secured b y bond or guaranty.

State, and statutory
references.

I. Enforcing agency.
Individuals, agencies, etc.;
classes of children.

Relatives exem pted, other
exemptions.

Consent or license required.

B ond or other guaranty
required.

IV . Violation; penalij
Classes of children excluded
from State.

State agency to be notified
of intention to bring child;
also of placement.

Proper hom e conditions to
be assured.

Supervision of child b y
placing agency; b y other
agency.
10

State board to be notified
when child is placed.

Reports required of placing
agency.

Observance o f rules and
regulations.

R em oval of child from State
i f h e becomes a public
charge.

Placing agency guarantees
to rem ove prom ptly upon
notice from State enforc
ing agency.

Violation of any of these pro
visions is deem ed a misde
meanor. (A misdemeanor
f or which no penaltyis pre
scribed b y la w m ay bepunished b y imprisonm ent in
county jail for not more
than l year, or fine of $500,
or both. [Comp. Laws
1913, sec. 9205.] )

Blanket bond o f $1,000, ap
proved b y attorney gen
eral, shall b e filed with
State enforcing agency.

Child whois incorrigible, un
sound of m ind or bod y, or
likely to becom e a public
charge.

Association of another State,
incorporated or otherwise,
placing ; child in family
home within this State,
with or without indenture
or for adoption.

State enforcing agency to be
furnished such guaranty
as it m ay require.

Child having a contagious
disease, or a deformity, or
being of feeble mind or
vicious character.

I f child becomes a public
charge within 5 years after
com in g in to State, placing
agency guarantees to re
ceive him prom ptly and
rem ove him from State.

Violation of any of these pro
visions is punishable by
imprisonm ent for 30 days,
or fine of $5 to $100, or both
fine and im prisonm ent.

Child-welfare com m ission..

Nonresident or foreign agen
cy or institution placing
child in family home
within this State.

State enforcing agency to be
furnished such guaranty
as it m ay require against
disease, deform ity, feeble
mindedness, and delin
quency, and against child’s
becom ing a public charge
within 5 years from date
of placement!

The placing agency to fur
nish such guaranty a s'is
required against disease,
deformity, feeble-minded
ness, and delinquency.

Placing agency to furnish
such guaranty as is re
quired against child’ s b e
com ing a pu blic charge
within 5 years from date
of placement.

Violation is deemed a mis
demeanor punishable b y
fine not exceeding $100 for
each offense.

P E N N S Y L V A N IA .............. .
[Statutes 1920, secs. 1347613480; Laws 1923, No.
274, sec. 2010.]

Department of welfare.

Person, corporation, associa
tion, or institution bring
ing, sending, or causing to
be brought or sent into
this Stabs any dependent,
delinquent, or defective
child for purpose of placing
in a hom e b y indenture,
adoption, or otherwise, or
abandoning such child.

Law does not a pply to
relative going to any other
State and bringing child
into this State for purpose
of giving him a hom e in his
own fam ily, nor to placing
of child in any institution
in this State, provided he
is not removed therefrom
and placed out in this
Stateexcept in accordance
with provisions of law.

Blanket bond of $1,000, ap
proved b y State enforcing
agency, shall be furnished
department of welfare.

Child who is incorrigible, or
unsound of m ind or body.

State agency to be notified
immediately when child is
placed, and given name
and age of child and name
and residence of person
with whom placed.

Child to be placed under
written contract securing
for him proper hom e and
making person receiving
him responsible for proper
care, education, and train
ing.

Child to be visited at least
twice a year by responsible
agent of placing agency.

Placing agency shall make
such reports to State en
forcing agency as that
agency m ay require.

I f child becomes a public
charge before reaching age
of 21, placing agency guar
antees his rem oval from
State within 30 days after
notification thereof b y
State board; if he is con
victed of crim e or misde
meanor and imprisoned
within 3 years after arrival
in State his rem oval im
m ediately upon release
from prison is guaranteed.

Violation of any of these pro
visions is punishable by
fine not exceeding $100.
Forfeit of $1,000, recover
able on bond, i f child hav
in g becom e a pu blic charge
or having been imprisoned
(see col. 13) is not duly
removed.

S O U TH C A R O L IN A .........
[1924, N o . 728, secs. 5, 8,
and 8J.]

Child-placing bureau o f State
board of public welfare.

Person, agency, or institu
tion of another State, Ter
ritory, or country bring
ing or sending into this
State any child and leav
ing him, placing him in a
fester hom e, or procuring
his adoption.

Persons related within 6th
degree to such child by
blood or marriage are ex
em pted from these provi
sions.

Placing agency is required to
furnish satisfactory evi
dence that child is not in
corrigible or unsound of
mind or body.

Before child m ay be brought Before bringing or sending
into State child-placing
child into State responsi
bureau of State board of
ble agency m ust notify
public welfare shall be
child-placing bureau o f
notified of such intention
State board o f p u b lic wel
and given name, age, and
fare, giving description o f
personal description of
child and nam e and ad
child, and name and ad
dress of person w ith whom
dress of person w ith whom
he is to b e placed, and ob
he is to be placed, and fur
tain from tbat bureau cer
nish s a t i s f a c t o r y evi
tificate stating that pro
dence that child is not in
posed home is in its
corrigible or unsound of
opinion suitable.
m ind or body, and such
other information as may
be required. and_ placing
agency must receive from
child-placing bureau cer
tificate stating that in its
opinion proposed home is
suitable.

Placing agency is required
to report annually to State
enforcing agency concern
ing location and well-being
of child so long as he re
mains within State until
he becomes 18 years o f age
or is legally adopted.

Agency responsible for plac
ing child shall report at
least annually and at such
other tim es as bureau d i
rects concerning location
and well-being o f child so
long as he remains within
State until he reaches age
of 18 or is legally adopted.

Placing agency is required
to furnish satisfactory ev i
dence that it w ill rem ove
any child who becomes a
public charge or who, in
opinion of child-placing
bureau, becomes a menace
to the com m unity prior to
his adoption or becoming
of legal age.

Violation of any of these pro
visions constitutes a misde
meanor.

N O R T H D A K O T A ..............
[1923, ch. 159, repealing
Compiled Laws 1913, sees.
5107-5108.]

Board o f administration.

A ny person, partnership,
voluntary association, or
corporation bringing or
sending children from any
State m to this State for
in
family
Êlacement
omes.4

O H IO ........................................
[General Code, 1920 (Page’s
edition), secs. 1677, 1678.]

Department of public wel
fare.

O R E G O N ...................... .........
[Oregon Laws (Olson’s),
1920, sec. 9835.]

Law does not prohibit resi
dent of State from person
ally bringing a child into
State for perm anent care
or adoption in to his own
fam ily; h em ust, however,
report to board, giving his
nam e and address, name
of ch ild, and nam e and ad
dress o f person or agency
from which child was re
ceived.

Must be licensed therefor b y
State board o f adminis
tration.

Written consent of State
enforcing agency is re
quired.

The placing agency guarantees that all provisions of the statutes relating to the placement of children will be
com plied with.

Conformance with rules and
regulations of State en
forcing agency is required.

4 North Dakota regulates the taking or sending o f a child out of the State for placement in a family hom e in another State b y requiring the consent of the board of administration so to do and that report be made to this board giving the name and address of the child, name and address of family which is to receive him , and such other information as the board requires.
takes his child from tbe State. [1923, ch. 159, sec. 2.]

This provision does not apply to a parent who personally
v
*
1
63870°—24.

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Federal Reserve Bank of St. Louis

(Follow s p. 13.)

N o. 4

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Federal Reserve Bank of St. Louis

abular

n a l y s is

State

L aw s

e l a t in g

“ I m p o r t a t io n ”

ependent

C h il d r e n —

Continued.

H I. Conditions which must be met before child m ay be brought in to State for purpose of placing.

II . Application of law; exemptions..

Conditions to be secured b y bond or guaranty.
State, and statutory
references.

I. Enforcing agency.

Individuals, agencies, etc.;
classes of children.

Relatives exempted, other
exemptions.

Consent or license required.

B ond or other guaranty
required.

Classes of children excluded
from State.

State agency to be notified
of intention to bring child;
also of placement.

Proper home conditions to
be assured.

8
Association or society incor
porated under laws o f
another State bringing or
sending child in to this
State for purpose o f plac
ing in family hom e by
adoption or otherwise.

Resident of State is not pro
hibited from receiving and
adopting into his family
the child or children of
relatives or from another
State.

B ond of $500 for each child
placed within any county
shall be furnished county
treasurer; such bond re
quires signature of at least
one resident freeholder of
State and approval of
county commissioners.

Child having a contagious,
infectious, . or incurable
disease, being deformed,
or being of feeble m ind or
vicious character.

State enforcing agency to be
furnished such guaranty
as it m ay require against
disease, deformity, feeble
mindedness. or delinquen
cy, and against child’ s be
com ing a public charge
within 5 years after place
ment.

Placing agency to furnish
such guaranty as is re
quired against disease, de
form ity, feeble-minded
ness, or delinquency.

SOU TH D A K O T A ...
[Revised Code 1919,
9992.]

See colum n 6 for county
agencies having to d o with
enforcing this law. The
only duty vested in State
board o f charities and cor
rections is to receive notifi
cation of child placed
without bond, it then
being the d u ty of this
board to notify county
court to investigate and
take necessary action for
protection of child and of
State.

T E N N E S S E E .........................
[B a ld w in ’ s C u m u la tiv e
Code, Supplement of 1920,
sec. 4436a-65a-19; 1923,
N o, 7, sec. 42.]

Department of institutions.. Agency or institution of
another State placing
child in family Rome with
in this State.

U T A H .............
[1923, ch. 59.]

State board of health.

E very child brought or sent
into State to be placed for
adoption or otherwise in
private hom e m ust be
placed b y agency licensed
to engage in child placing
within State (requirement
for licensing applying to
every person, firm , cor
poration, or association
which receives for placing
or places or assists in plac
ing m ore than 2 children
in 6 months).

V E R M O N T ............................
[1919, No. 208, secs. 1 and 4.]

Department of public wel
fare.

A home or institution within
this State receiving a de
pendent child.

Consent of board of charities
and probation, and cer
tificate therefor, are re
quired.

State enforcing agency to be
furnished sufficient guar
anty b y bond or other
wise.

V IR G IN IA ..............................
[1922, ch. 103, secs. 7, 8, and

State board of public welfare. Agency bringing or sending
child into this State for
purpose o f placing or pro
curing adoption.®

Consent of State enforcing
agency is required.

Placing agency shall enter
into written agreement
with State agency.

W E S T V IR G IN IA ___
[1921, ch. 134, sec. 14.]

State board of children’s
guardians.

Association of another State
placing child in family
hom e within this State,
with or without indenture
or for adoption.

State board of children’s
guardians to be furnished
such guaranty as it m ay
require.

W Y O M IN G ............................
[Compiled Statutes 1920,
sec. 3903, subdiv. 5.]

State board of charities and
reform.

Agency or institution of an
other State placing child
in family hom e in this
State.

State board of charities and
reform to be furnished
such guaranty as it m ay
require against disease,
deformity, feeble-minded
ness, or delinquency and
against child’s becoming
a public charge.

10.]

.
■ .
.
,...
i .
^
^
th e ch fid lsp fa ced responsible for his proper care and training.

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Resident of State not pro
hibited from bringing or
causing to be brought into
State child for adoption
into his own family.

IV . Violation; penalty.

Supervision of child b y
placing agency; b y other
agency.

Reports required of placing
agency.

Observance of rules and
regulations.

Removal of child from State
if he becomes a public
charge.

County court m ay require
person having custody of
any child for whom bond
has n ot been filed to ap
pear in court and make
report concerning child;
such reports not required
after adoption of child.

Placing agency is required
to keep record giving brief
history of each child until
he becomes 18 years of age
or is legally adopted or
discharged by law.

E very agency (i. e., indi
vidual, firm, corporation,
or association) which re
ceives for placing, places,
or assists in placing m ore
than 2 children within a
period o f 6 m onths must
be licensed annually b y
State board of health.

If child becomes a public
charge within 5 years after
com ing in to State, placing
agency guarantees to re
ceive him p rom ptly and
remove him from State.

V iolation of these provisions
or receiving child for plac
ing on behalf of agency
which has not complied
w ith these provisions, con
stitutes misdemeanor pun
ishable b y imprisonment
for 30 days or fine of $5 to
$100, or both fine and im
prisonment.

Placing agency to furnish
such guaranty as is re
quired against ch ild ’s be
com ing a public charge
within 5 years after place
ment within State.

Violations are punishable b y
fine not exceeding $100 for
each offense.

E very licensee is required to
report annually to State
enforcing agency showing
its condition, management,
and com petency to care
for children, system o f vis
itation em ployed for those
placed in private homes,
and such other facts as are
required b y board, these
reports furnishing a basis
for use of board in deter
mining whether or not
license should be issued.

Violation o f any o f these
provisions constitutes a
misdemeanor. (A misde
meanor for which no pen
a lty is fixed b y la w m ay be
punished b y imprisonment
in county ja il for not more
than 6 months or b y fine of
$300, or b y both [Comp.
Laws 1917, sec. 7905].)

State enforcing agency m ay
make regulations for issu
ance of certificate.

State enforcing agency to be
furnished sufficient guar
anty that child will not
become a public charge.

Violation is punishable b y
fine of not more than $500.

Conformance with rules of
State enforcing agency is
required.

Placing agency shall enter
into written agreement
with State agency provid
ing for removal of child,
upon request of said board,
prior to ch ild ’s adoption
or becom ing of age.

Violation is punishable b y
fine of not more than $100,
or imprisonm ent for 1 year,
or both fine and imprison
ment.

Child having contagious or
incurable disease or a de
form ity, or being of feeble
m ind or vicious character.

If child becomes a public
charge within 5 years after
being brought in to State,
placing agency shall re
ceive him p rom p tly and
remove him from State.

Person receiving child for
placing on behalf of agency
which has not com plied
with these requirements is
deemed guilty of misde
meanor and is subject to
imprisonm ent for 30 days,
or fine of $5 to $100, or both
fine and imprisonment.

Placing agency to furnish
such guaranty as is re
quired against disease, de
form ity, feeble-minded
ness, or delinquency.

Placing agency to furnish
such guaranty as is re
quired against cliild ’s be
coming a public charge.

Violations are punishable b y
fine not exceeding $100 for
each offense.

Child having contagious or
incurable disease or being
of feeble mind.
Before bringing child into
State the placing agency
shall notify State board of
its intention and shall re
ceive certificate from State
board stating that in its
opinion
the proposed
home is suitable.

Child to be placed under
written
contract,
ap
proved b y State board,
making person with whom
placed responsible for
proper care and training.
(See also col. 8.)

State board has same right
of visitation and super
vision of child and home
in which plaeed as in case
of child placed out b y
board.

iM,rr,nco nf n W fa v in a foster home b v anv Other Derson than the parent or guardian, b y requiring that the State board of public welfare be notified of such intention and given such information as this board may require.
a g e ^ y , annua111 and at such other times as the board m ay direct, as to location and well-being of child until he becomes 18 years of age or is legally adopted. [1922, ch . 103, sec. 8.]
Reports are required of the plating agency,

Placing agency shall report
annually, or when child
is placed m another home,
to State department of
public welfare; also, at
such other times as this
board directs, as to loca
tion and well-being of
child so long as he remains
within State, until he
reaches age of 18 or is le
gally adopted.

The placing agency is required to place the child under a written contract, approved b y the board, making the person with whom
...................
63870°—24. (Eollow s p . 13.) N o. 5

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TEXT OF STATE LAWS.

ALABAM A.

Agency bringing or sending child into State fo r purpose o f placing; consent required;
conformance with rules o f State child welfare department; guaranty; notification before
placing; certificate required as to suitableness o f proposed home; reports.— No agency shall
bring or send into the State any child for the purpose of placing him out or procuring
his adoption without first obtaining the consent of the State Child Welfare Department!
SuCh agency shall conform to the rules of the State Welfare Commission and shali
enter into a written agreement with the department (a) to remove such child from
the State when requested so to do by the said department, prior to the ch ild ’s adoption
or becoming of age; (b) that it will place the child under written contract approved
b y the department; (c) that the person with whom the child is placed shall be respon
sible for his proper care and training; (d) that the department shall have the same
right of visitation and supervision of the child and the home in which it is placed as
in the case of a child placed out by the department. Before the child shall be brought
or sent into the State for the purpose of placing him in a home, the agency so bringing
or sending such child shall first notify the State department of its intention and shall
obtain from the State department a certificate stating that such home is, in the opinion
of the said department, a suitable home for the child. The agency bringing or send
ing the child into the State shall report once a year, or when the child is placed in
another home, or at such times as the department may direct, as to the location and
well-being of the child so long as he shall remain within the State and until he shall
have reached the age of eighteen years or shall have been legally adopted. [G en
eral Laws o f 1928, No. 543, sec. 6.]
Taking child out o f State fo r purpose o f placing; notification o f State department; con
ditions o f placing; reports.-^No child shall be taken or sent out of the State for the’ pur
pose of placing him in a home, otherwise than b y a parent or guardian, unless the
agency so taking or sending him shall give the State Child Welfare Department notice
of its intention and furnish such information as the department may require. Such
agency shall place the child under written contract approved b y the department that
the person with whom the child is placed shall be responsible for his proper care
and training, and thereafter shall report to the department once a year and at such other
times as the department may direct, as to the location and well-being of such child
until he shM have reached the age of 18 years or shall have been legally adopted
[Ib id ., sec. 7.]
Violations; penalty.—Every person, acting for himself or for an agency, and every
officer, agent, or employee of the State Child Welfare Department, who violates any
of the provisions of this Act, or who shall intentionally make any false statements to
the State Child Welfare Department shall, upon conviction thereof, be punished by
a fine of not more than $100, or by imprisonment for not more than 1 year or by both
such fine and imprisonment, at the discretion of the court. [Ibid., sec. ’l0 .]
DELAW ARE.

\ Bringing dependent child into State; consent required.— It shall be unlawful for any
person, association, or corporation to bring or send, or cause to be brought or sent
i i t o the State of Delaware, any dependent child for the purpose of placing such child
i,n any home in this State, or for the purpose of procuring the placing of such child
in any home b y indenture, adoption, boarding or otherwise, without first obtaining
r*he written consent of the State board of charities, and giving bond, as hereinafter
provided. [Laws 1921, ch. 50, ad d in g 1005D, sec. 3D, to Revised C ode.]
Bond required o f placing agency, o f person receiving child, or o f both; conditions o f bond —
Before any child shall be brought into this State for any of the purposes provided in
1005D, section 3D, of this article, the person, association, or corporation desiring
tp bring or send any such child into this State, or the individual desiring to receive
a child or both as the State board of charities may require, shall execute a bond to the
15

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN,

State of Delaware in the penal sum of $3,000 to he approved b y the State board of
charities, and to be with surety, if the said State board of charities shall so require.
The condition of said bond shall be substantially that such person, association, or
corporation shall not bring or send, or cause to be brought or sent, or receive, into this
State any child that is incorrigible, that is of unsound mind or body, or is mentally
subnormal; and that such person, association, corporation, or individual shall abide
b y all rules laid down b y the State board of charities under 1005G, section 3G, ,of
this act. If any such child shall become a public charge, or be convicted of any crinke
or misdemeanor before reaching the age of 21 years, such person, association, or cororation responsible for such child, shall, within 30 days after written notice given
y the State board of charities, remove such child from the State and shall pay to
the State, county, or municipality such sum as may have been expended in the care
or prosecution of such child. [Ibid., ad d in g 1005E, sec. BE, t o Rev. Code.]
Supervision o f home where child is -placed; duties o f State hoard.—The State board of
charities shall examine the proceedings of societies for securing homes for children,
and whenever satisfied that a child has been placed b y such society in an improper
home, it may order its transfer to a proper one or its removal from the State; and if
said order is not obeyed within 30 days, it shall itself take charge of the child, return
ing it to the society responsible, or otherwise providing for it. Any society failing
to remove a child after such notice shall at once, pay to the State such sum as the
State may have expended in the care, maintenance, or transportation of such child.
[Ibid., a d d in g 1005F, sec. 3F, to Rev. Code.]
Rules and regulations made by State hoard,—Any person, association, or corporation
placing any child under the provision of this act shall abide b y all rules made by the
State board of charities pertaining to the rejection, importation, placing, supervision,
education, health, removal and general welfare of all such children. [Ibid., adding
1005G , sec. 3G , to Rev. C ode.]
Appropriation fo r enforcement.— That for the purposes of carrying out the provisions
of the foregoing sections and of 1004, section 2, of this chapter, an additional sum of
$2,000 is appropriated annually from any moneys in the hands of the State Treasurer,
not otherwise appropriated, which shall be paid out as provided in 1005, section 3,
of this chapter. [Ibid., ad d in g 1005H , sec. 3H , to Rev. Code.]
V iolation; penalty.—That any person, association, or corporation, or any officer,
agent, or employee thereof, who shall violate any of the provisions of the foregoing
sections, 1005D, section 3D, to 1005G, section 3G, inclusive, shall be guilty of a mis
demeanor and upon conviction thereof shall be fined not less than $50 or more than
$100, and any such person, association, or corporation, or officer, agent or employee
thereof who shall continue to disregard any of the provisions of the said sections for
a period of 10 days after notification from the State board of charities shall be guilty
of a new, separate, and distinct offense and misdemeanor, and upon conviction thereof
shall be fined for each such offense not less than $100 or more than $1,000.
[Ibid.* ad d in g 10051, sec. 31, to Rev. C ode.]
Repealing clause.—That section 194 to 197, inclusive, of chapter 71 of the Revised
Code of the State of Delaware, entitled “ School Laws of the State of Delaware,” and
all other acts inconsistent herewith be and the same are hereby repealed. [Ibid.,
a d d in g 1005X, sec. 3J, to Rev. C ode.]

GEORGIA.
Children brought into State fo r placement; notification before placing; certificate as
o f proposed home; bond; reports.—Be it further enacted by the authority
aforesaid, That no person shall bring or send into the State any child for the purpose
of placing him out or procuring his adoption, without first filing notice with the State
board of public welfare. He shall file with the board a bona to the State for each
child, approved b y the board, in the penal sum of $1, 000, conditioned that he will
not send or bring into the State any child who is incorrigible or unsound of mind <j»r
body; that he will remove any such child who becomes a public charge or who, ip
the opinion of the board of public welfare, becomes a menace to the c o m m u n i t y prioV
to his adoption or becoming of legal age; that the person with whom the child i©
placed shall be responsible lor his proper care and training. Before any child shalL
be brought or sent into the State for the purpose of placing h im in a foster home,
the person so bringing or sending such child shall first notify the State board of public
welfare of his intention and shall obtain from the board a certificate stating that such
home is, in the opinion of the board, a suitable home for the c h i l d
Such notifica
tion shall state the name, age, and personal description of the child, and the name
and address of the person with whom the child is to be placed, and such other infor
mation as may be required by the board. The person bringing or sending the child
into the State shall report at least once each year, and such other times as the board of

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

public welfare shall direct, as to the location and well-being of the child so long as
he shall remain within the State and until he shall have reacned the age of 18 or «had
have been legally adopted. [Laws 1922, N o. 521, sec. 9.]
Violation; penalty.—Be it further enacted by the authority aforesaid. That any person
who shall violate any of the provisions of this act, or who shall make any false state
ments or reports to the board of public welfare with reference to the matter contained
herein, and any parent or guardian or person receiving a child who shall.give a false
\ name or address to the board of public welfare, or any agency licensed under this act
shall, upon conviction, be guilty of a misdemeanor. [Ib id ., sec. 11.]
ILLINOIS.
Foreign corporation placing child within State; guaranty required; penalty fo r receiving
or placing child on behalf o f corporation which has not complied with law.— No association
which is incorporated under the laws of anv other State than the State of Illinois shall
place any child in any family home within the boundaries of the State of Illinois
either with or without indenture, or for adoption, unless the said association «bail
have furnished-the board of State commissioners of public charities [department of
public welfare]1 with such guaranty as they may require that no child shall be brought
into tile State of Illinois by such society or its agents, having any contagious or incur
able disease or having any deformity, or being of feeble mind, or of vicious character
and that said association will promptly receive and remove from the State any child
brought into the State of Illinois b y its agent, which shall become a public charge
withm the period of five years after being brought into the State. Any person who
shall receive to be placed in a home, or shall place in a home, any child in behalf of anv
association, incorporated in any other State than the State of Illinois, which shall not
have complied with the requirements of this act shall be imprisoned in the county
mil not more than 30 days, or fined not less than $5 or more than $100, or both in the
discretion of the court. [S m ith ’ s Illin ois Revised S ta tu te s 1921, ch . 23, sec. 210.]
INDIANA.
Bringing dependent children into State; consent o f board.— That it shall be unlawful
for any person, corporation, association, or institution to bring or send or cause to be
brought or sent into the State of Indiana any dependent child for the purpose of
placing such child m any home in Indiana, or procuring the placing of such child in
any home in Indiana b y indenture, adoption, or otherwise, or to abandon such child
after being brought or sent into the State of Indiana, without first obtaining the written
consent of the board of State charities, and conforming to this act and to such rules and
/ regulations of such board consistent herewith as such board may from time to time pre' BÎ niiej
, thority 18 hereby given such board to make such rules and regulations as it
shall deem best to carry out the provisions of this act. [B u rn s’ A n n o ta te d S ta tu tes
1914, sec. 3670.]
Bond o f indem nity— Such person, corporation, association, or institution, before bringmg or sending or causing to be brought or sent, any such child into this State shall
first give an indemnity bond m favor of the State of Indiana in the penal sum of $10 000
to be approved b y said board of State charities, conditioned as follows: That they wili
not send or bring, or cause to be brought or sent into this State any child that is in
corrigible, or one that is of unsound mind or body; that they will at once upon the
placement of such child, report to the board of State charities its name and age and the
name and residence of the person with whom it is placed; that if any such child shall
before it reaches the age of 21 years, become a public charge, they will, within 30 days
after written notice shall have been given them of such fact b y the board of State
charities, remove such child from the State; and if any such dependent child shall
i f convicted of crime or misdemeanor and imprisoned within three years from the
time of its arrival within the State, such person, corporation, association or institution
w ill remove from the State such child immediately upon its being released from such
imprisonment, and upon failure, after 30 days’ notice and demand to remove as aforesaid
/an y such child who shall have either become a public charge as aforesaid, or who s h a ll
> have been convicted as aforementioned, in either event such person, corporation
association or institution shall, at once and thereby, forfeit the sum of $1 000 as a
penalty therefor, to be recovered upon such bond b y a suit in the name of thé State of
Indiana; that they will place, or cause to be placed, each of such dependent children
under written contract, which will secure to such child a proper home, and will make
iT b e department of public welfare, created b y act of Mar. 7,1917, succeeds to the Dowers and duties
formerly vested in the commissioner of charities. [Smith’s R ev. Stat. 1921, ch. 127.1
P
311(1 auHes

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

the person so receiving such child responsible for its proper care, education and train-*
ing- that they w ill properly supervise the care and training of each of such children,
and that each of such children shall be visited at least once a year b y a responsible
agent of the person, corporation, association, or institution so placing, or causing to be
placed such child as herein provided; that they will make to the said board of State
charities such reports of their work as said board from time to time may require.
[Ib id ., sec..3671.]
m
, .x.
, „ .
Rules by board o f charities .—The board of State chanties shall have general super- .
vision and management of all matters contained in this act, and may make such other \
and further rules and regulations not inconsistent herewith as it may deem necessary
for the proper placing out, indenture, adoption, removal and supervision of such
children, and for the rejection of incorrigible or unsound children, and for the removal
of children convicted of crimes or misdemeanors, or who may become public charges.
[Ib id ., sec. 3672.]
•
.
. v
. «* £
Penalty fo r violation.— Any person, corporation, association or institution, or any
officer or agent thereof, herein described, who shall violate any of the provisions of
this act «Vm.ll be guilty of a misdemeanor, and upon conviction thereof shall be fined in
any sum not exceeding $100. [Ib id ., sec. 3673.]
_
When act not applicable.— That the provisions of this act shall not apply to a relative
going to any other State and bringing a child into this State for the purpose of giving
it a home in his or any other family. [Ib id ., sec. 3674.]
IOW A.
Foreign corporation placing child within State; guaranty. No association which is
incorporated under the laws of any other State than the State of Iowa shall place any
children in any fam ily home within the boundaries of the State of Iowa, either with or
without indenture or for adoption, unless the said association shall have furnished the
State board of control with such guaranty as it may require, including an indemnity
bond in favor of the State of Iowa in the penal sum of $1,000, that no child shall be
brought into the State of Iowa b y such society or its agents, having any contagious
or incurable disease, or having any deformity, or being of feeble mind or of vicious
character, and that said association will promptly receive and remove from the State
any child brought into the State of Iowa b y its agents, which shall become a public
charge within the period of five years after being brought into this State: Provided,
That this act shall not be construed as prohibiting any person residing in Iowadrom
receiving and adopting into his family any child or children from another State.
[C ode, S u p p lem en t o f 1913, sec. 3 2 60 -L .]
KANSAS.
Placing children within State by foreign corporations; guaranty to be furnished State
board o f charities; penalty fo r receiving children or placing same in a home on behalf o f
corporation which has not complied with this act.—No association which is incorporated
under the laws of any other State than the State of Kansas shall place any child in any
family home within the boundaries of the State of Kansas, either with or without
indenture or for adoption, unless the said association shall have furnished the board
of administration with such guaranty as they may require that no child will be brought
into the State of Kansas by such society or its agents having any contagious or incurable
disease, or having any deformity, or being of feeble mind or vicious character, and that
said association will receive and remove from the State any child brought into the State
of F'a/naa.a b y its agent which shall become a public charge within the period of fiye
years after being brought into the State. Any person who shall receive to be placed
in a home, or shall place in a home, any child in behalf of any association incorporated
in any other State than the State of Kansas which shall not have complied with the
requirements of this act shall be imprisoned in the county jail not more than 30 days,
or fined not less than $5 or more than $100, or both, in the discretion of the courfi.
[Revised S ta tu te s 1923, sec. 3 8 -3 1 5 .]
\
KENTUCKY.
Conditions upon which dependent child may be brought into State.—No person, corpora
tion, association, or institution shall bring or send, or cause to be brought or sent, into
the State of Kentucky, from any other State any dependent child, for the purpose of
placing such child in any family home within the boundaries of the State of Kentucky,
either with or without indenture or for adoption, or shall procure same to be done,
the said person, corporation, association, or institution shall have furnished the

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

county judge of the county in which any such child is to be placed or left, with a
bond acceptable to the said county judge, in the penal sum of $10,000 conditioned as
follows: lh a t they will not send or bring, or cause to be brought or sent into this State
or any county thereof, any child that is incorrigible, or one that is of unsound mind
or body, or having any contagious or incurable disease; that they will at once, upon
the placement of such child, report to the State superintendent of the Kentucky
Children s Home Society its name and age, and the name and residence of the person
, with whom it is placed; that if any such child shall, before it reaches the age of 21
} Ze&m>become a public chaise they will, within 30 days after written notice shall have
!
gQVei \ them of suc\ fact by the superintendent of the Kentucky Children’s
/
P ome S(?ciety, remove such child from the State ; and if any such dependent child shall
.
,be convicted of crime or misdemeanor, and shall be imprisoned within five vears
from the tune of its arrival in the State, such person, corporation, association or in
stitution shall remove such child from the State immediately upon its being released
from said imprisonment and upon failure upon 30 days’ notice or demand to remove
as aforesaid, any such child who shall have either become a public charge as aforesaid’
or who shall have been convicted as aforementioned, in either event such person’
corporation, association, or institution shall at once forefeit the sum of $1,000 as a npnl
alty therefor, to be recovered upon said bond b y a suit in the name of the county in
which said bond shall have been filed; that they will place, or cause to be placed
each of such dependent children under written contract, which will serve anv such
child a proper home [sic], and will make the person so receiving such child responsible
for its proper care, education, and training; that they will properly supervise the care
and training of such child, and that each of such children shall be visited a t W
once a year by a responsible agent of the person, corporation, association or institution
so placing, or causing to be placed, such child as herein provided; that they will make
to the superintendent of the Kentucky Children’s Home Society such reporte o f T S
work as he may from time to time require. [C a rroll’s K e n tu ck y S ta tu te s 1 9 2 ?
SOC* o o l C —x*|

Powers o f J ta te board o f Kentucky children’s home.— The State board of the Kentucky
Children s Home Society shall have general supervision and management of all mate
tors contained in this act, and make such other further rules and regulations not
inconsistent herewith, as it may deem necessary for the proper placing out inden
ture, adoption, removal and supervision of such children, and for t h l rejection of
incorrigible or unsound children, and for the removal of children convicted of c r L p
or misdemeanors, or who may become public charges. [Ibid., sec. 331c-2.1
Penalty fo r violating this act.— Any person, corporation, association, or institution
or any officer or agent thereof, who shall receive, to be placed in a home, or S a il p la S
m a home, any child in violation of any of the provisions o f this act, shall b e i m m i ï
oned in the county jail not less than 10 nor more than 60 days, or fihed not less E
$25 or more than $200, or both, in the discretion of thé court. [Ibid., sec. 3310-3 1
A ct not applicable to relatives.— The provisions of this act shall not apply to a relative
going to any other State and bringing a child into this State for the purpose of gfyffig
it a home m his own family. [Ibid., sec. 3 3 1 c -4 .j
giving
MARYLAND.
Bringing dependent defective, or delinquent child into State; consent required• bond —
It shall be unlawful for any person, corporation, association or institution' to bri™
or send, or receive, or cause to be brought, or sent, or received into the State of Marvland, any actual pauper, vagrant, criminal, incorrigible, insane, or helplessly crip
pled or diseased child for the purpose of placing such child in any home in Maryland
ôr procuring the placing of such child in Maryland b y indenture, adoption, or otherlyise, without first obtaining the written consent of the Board of State Aid and Chari
ties of Maryland, and complying with the following requirements: Before such
pferson, corporation, association, or institution shall bring, or send or receive or
cause to be brought, or sent or received any such child into this State, they shall
/furnish to the said Board of State Aid and Charities of Maryland an indemnity bond
/ Ï?
° f the State of Maryland in the penal sum of $10,000, to be approved b y said
/ Board of State Aid and Chanties of Maryland, said bond to be conditioned 11that
they will, at once, upon the placing of any such child, report to the Board of State
Aid and Charities of Maryland its name and age, and the name and residence of the
person with whom it is placed; that if any such child shall, before it reaches the age
° l ,, y earf\ become a public charge, they will, within 30 days after the written notice
shall have been given them of such fact b y the said Board of State Aid and Charities
of Maryland, remove such child from the State; that they will not place, or cause to
be placed, any such child, except under written contract which will secure such

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child a proper home and will make the person so receiving the child responsible for
its proper care, education, and training; that they will properly supervise the care
and training of such child, and cause such child to be visited, at least once in six
months, b y a responsible person, and that they will make the said Board of State
A id and Charities of Maryland such reports of their work as the said board from time
to time may require.” [A n n ota ted C ode 1911, vol. 2, art. 88A, sec. 12.]
Penalty fo r violation.— Any person, corporation, association or institution, or any
officer or agent thereof, who shall violate any of the provisions of section 12, shall
be guilty of a misdemeanor, and upon conviction shall be fined a sum not exceeding
$1,000.” [Ib id ., sec. 18.]
Not applicable to relatives; other exemptions.— The provision of sections 12 and 13
shall not apply to a relative going to any other State and bringing a child into this
State for the purpose of giving it a home m his or any other family, nor to the placing
of children in any institution in this State. [Ibid., sec. 14.]
MICHIGAN.
Foreign agency placing child within State; license required; exemptions.— It shall be
unlawful for any person, society, association, organization, or corporation of this State,
or for any person, society, association, organization, or corporation of a foreign State
to engage in the business of receiving, maintaining, or placing out minor children in
homes in this State by indenture, adoption, on trial, or otherwise, without having in
full force a license therefor issued by the board of corrections and charities [State
welfare commission] 2 in the manner herein prescribed: Provided, That nothing in
this act shall apply to any State institution maintained and operated by the State.
[C om piled Laws 1915, sec. 2001.]
Investigation before issuance o f license; rules and regulations prescribed by State
agency.—-The board of corrections and charities [State welfare commission] is hereby
authorized to issue licenses to such persons, societies, associations, organizations, or
corporations as may apply therefor. Applications for such licenses shall be made to
the board of corrections and charities [State welfare commission] upon blanks to be
furnished by the said board [commission] upon request. Before granting any license
the said board [commission] shall have authority to make investigation of the methods
of doing business, the facilities for receiving, caring for and placing out children, and
may refuse a license to any applicant whenever it shall find the persons are of immoral
character or unfit to have the care and custody of minor children, or that the buildings
and equipments are unfit for the maintenance of minor children, or that the methods
of doing business are such as would be subversive of the welfare of children who might
come within its custody or control. The board of corrections and charities [State
welfare commission] is hereby expressly authorized to make and prescribe all such
rules and regulations, not inconsistent with the provisions of this act, as shall be
deemed necessary or advisable to protect the best interests of minor children and to
carry out the intents and purposes of this act. [Ibid., sec. 2002.]
Annual renewal o f license; revocation.—Any person, society, association, organiza
tion or corporation now engaged in the business mentioned in section 1 [2001] of this
act, and desiring to continue in the business shall make application hereunder on or
before October 1, 1913. Licenses issued hereunder shall expire by limitation on the
30th day of September following their issuance, and may be renewed from year to
year. The license of any applicant may be revoked by the board of corrections and
charities [State welfare commission] for failure of the licensee to comply with the
requirements of this act, or any rule or regulation prescribed under authority of this
act, or if said licensee or its officer or agent shall treat any children coming within its
custody or control in a cruel or inhuman manner, or shall neglect to provide them with
proper care and treatment: Provided, That notice of the specific charge shall be
given, and a reasonable opportunity to be heard thereon furnished the licensee.
Such revocation when ordered shall be spread at large upon the records of the board
[commission]. [Ib id ., sec. 2003.]
Records and reports o f licensee; investigation and approval o f home before placing;\
notification o f placing; supervision o f child.—Every licensee hereunder shall keep and '
preserve a suitable record of the full name, age or apparent age, sex, and color of every
child coming within its custody or control, the name and address of the parents if
known, the manner in which the custody of the child was obtained, the name and
residence of the person with whom such child is placed, and shall record any change
thereafter made m the custody of said child or in the residence of its custodians, and
such other information as the board of corrections and charities [State welfare com* State welfare commission, created b y Laws 1921, No. 163, supersedes former board of corrections and
charities.

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mission]m ay require and shall make anfcnnual report thereof to said board [commis
sion] for the year ending September 30, upon a blank prescribed and furnished b y the
board of corrections and chanties [State welfare commission]. No child shall be
placed m any home under the provisions of this act unless such home shall have been
first investigated and approved m writing by the county agent of the board of correc
tions and chanties [State welfare commission] of the county in which the home is
¡located, and such approval filed with the probate judge of such county. The county
.agent of the county in which the proposed home is located shall make an investigation
yand report on such home upon a blank form to be prescribed by the board of correc/ tlons and chanties [State welfare commission]. Said report shall be made in triplicate,
J one copy to be filed with the judge of probate, one with the board of corrections and
7
uS [°^ate weîfare commission], and one with the licensee. Whenever any
child shall be placed in a home under the provisions of this act the licensee shall notify
the county agent of the county in which such child is placed, and the board of correctmns and chanties [State welfare commission], and shall also notify the said agent
and said board [commission] of the subsequent adoption and removal of the child
It snail be the duty of the county agent to visit such child at least once in each year
and carefully investigate its conditions and surroundings, and make a written report
•/'
«hereon to the judge of probate, the board of corrections and charities [State welfare
commission], and the licensee: Provided, however, That such subsequent visits shall
cease with the adoption of the child. The county agent shall receive as compensation
mr his servicesin investigating such homes, and in making such subsequent visits
Jus necessary official expenses together with the sum of $3 in full for each day’s service
and.
b id s o f the county agents for services rendered hereunder, shall when duly
ilfin Îi
agent, approved by the probate judge with whom the report
is filed, and b y the secretary of the board of corrections and charities [director of the
btate welfare commission], be audited b y the board of State auditors and paid in the
j sapie manner as other claims of county agents. [Ibid., sec. 2004.1
(
child by State and county agency; reports—The board of corrections
r
cfianties [State welfare commission], through any member or its secretary [director]
is hereby authorized to visit any child placed out under the provisions of this act, and
Î S D
at au y
» te rv ie w privately any child, not legally adopted, placed by any
licensee hereunder. Said board [commission] may direct the county agent of any
county m which a child has been placed'ufider the provisions of this act, to make
special investigations and file with it a written report thereon, and the county agents’
per diem compensation and expenses for such services when approved by the secre
c y , 0* the board of corrections and charities [director of the State welfare commission]
shall be audited by the board of State auditors and paid in like manner as other olaima
of county agents. [Ibid., sec. 2005.]
^Supervision o f licensee by State agency.—The board of corrections and charities
1
welfar® commission], by any member thereof or by its secretary [director]
/
shall have authority at any time to investigate and examine into the conditions of
any home or other place in which a licensee hereunder receives and mainta/mg children, and shall have authority at any time to examine and investigate the books
and records of any licensee hereunder; and it shall be the duty of such licensee to
ii memberf ° f / a i d board [commission] and its secretary [director], and to
reporte ^ [I b id ^ e c ^ O O G 1*168 ^ t^orou^ examiuation of its books, records, and
Penalty fo r violation.—A n y person, or agent, representative or officer of any society
association, organization, or corporation, engaged in the business of receiving, main
taining, or placing out minor children in homes by indenture, adoption, on trial,
or otherwise, who performs any of the acts authorized by the provisions of this act
unless such person, the society, association, organization, or corporation whom hé
assumes to represent is licensed by the board of corrections and charities [State welfai^ commission] for the purposes herein mentioned, shall upon conviction, be deemed
guilty of a misdemeanor; and shall be fined not less than $25 nor more than $100 or
infipnsonment in the county jail not less than 30 days nor more than 90 days, or both
srich fine and imprisonment in the discretion of the court. Whenever any agent
representative, or officer of any society, association, organization, or corporation shall
f e convicted under authority of this act, such conviction shall be sufficient ground
/for the revocation of the license of any such society, association, organization, or
corporation, and the person so convicted shall not be granted a license b y the board
of corrections and chanties [State welfare commission] or be permitted to be connected
directly or indirectly with any society, association, organization or corporation for
a penod of 10 years thereafter. [Ibid., sec. 2007.]
Forms fo r reports, etc., furnished by State agency.— The board of corrections and chari
ties [¡state welfare commission] shall prepare and have printed such blank forms

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as are deemed, necessary under the provisions of this act, and the expenses neces
sarily incurred in the printing and distribution of such blanks shall be audited by
the board of State auditors and paid from the general fund. [Ib id ., sec. 2008.]
Unlicensed society not to engage in child placing.— It shall be unlawful for any society,
'association, or organization whatever, not incorporated under the laws of this State,
or for any person for himself, or as agent, officer or employee of such society, association,
or organization of this or any other State, to carry on the business of receiving o r ;
maintaining minor children in homes, or placing minor children in homes, on in d e n -,
ture, by adoption or otherwise, and any person who for himself, or as agent, officer^
or employee of such society, association or organization whatever of this or of any v
other State, «ball carry on the business of receiving or maintaining minor children ^
in homes, or placing such children in homes, b y indenture, except for some instituv,
tion which is incorporated under the laws of this State for such purpose, shall be
deemed guilty of a misdemeanor, and on conviction, shall be punished as the statute
prescribes for such offense. [Ibid., sec. 2010.]
Bond filed with prohate judge o f county in which child is placed; one surety resident o f
county; conditions o f bond; violations— Any person, society or asylum engaged in
indenturing or placing in homes any child or children brought from any other State
for the purpose of placing in homes by indenture or otherwise, shall, before placing
such child or children in any home, file with the judge of probate of the county in
which such child, or children, is to be placed, a bond with two or more sureties, one
of which sureties »ball reside in the county where such indenture is made, and both
of whom «ball be residents of this State, in the sum of $1,000 for each child so placed,
to be approved b y the probate judge, of said county, which bond shall be conditioned
that the child for which it is given shall not become a town, county or State charge,
before it »ball have reached the age of 21 years. When it shall come to the knowledge
of the judge of probate of any county that a child from another State indentured, or
placed in a home under the provisions of this act, has been neglected and become a ->
public charge, he shall at once investigate such matter and if satisfied that such child V
is a public charge he shall declare the bond forfeited and proceed to collect the same
as provided b y law. for the collection of forfeited bonds. The judge of probate shall
order the money so collected to be paid to the township or county having to support
said child; or if it has become a State charge, he shall order it paid to the State treas
urer, and when so paid it shall be placed in the general fund; any person or officer
of any asylum or institution herein described, having the care, custody or control of
any minor child who shall indenture, apprentice, have adopted or otherwise dispose
of such child, and any person who shall take such child indentured, apprenticed,
adopted or otherwise disposed of, to him or her, except in the manner herein provided,
shall be deemed guilty of a misdeameanor. [Ibid., sec. 7281.]
M INNESOTA.

Person bringing err sending child into Statefo r purpose o f placing; consent required; bond
required; conditions o f bond; notification before placing; reports required; conformance with
rules o f State board; relatives exempted.—No person shall bring or send into the State any
child for the purpose of placing him out or procuring his adoption, without first obtain
ing the consent of the State board of control, and such person shall conform to the rules
of the board. He shall file with the board a bond to the State, approved b y the board,
in the penal sum of $1,000, conditioned that he will not send or bring into the State
any child who is incorrigible or unsound of mind or body; that he will remove any
such child who becomes a public charge or who, in the opinion of the board of control,
becomes a menace to the community prior to his adoption or becoming of legal age;
that he will place the child under a written contract approved by the board that the
person with whom the child is placed shall be responsible for his proper care and train
ing. Before any child shall be brought or sent into the State for the purpose of placing
him in a foster home, the person so bringing or sending such child shall first notify the
State board of control of his intention, and shall obtain from the board a certificate
stating that such home is, in the opinion of the board, a suitable home for the child.
Such notification shall state the name, age and personal description of the child, a n «
the name and address of the person with whom the child is to be placed, and such otheh
information as may be required b y the board. The person bringing or sending the\
child into the State shall report at least once each year, and at such other times as the ^
board of control shall direct, as to the location and well-being of the child so long as
he pha.ll remain within the State and until he shall have reached the age of 18 or shall
have been legally adopted: Provided, however, That nothing herein shall be deemed to
prohibit a resident of this State from bringing into the State a child for adoption into
his own family. [Laws 1919 (extra session), ch . 51, sec. 6.]

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.

Taking child out o f Statefo r purpose o f placing; notice required; reports; enforcement.—
Before any child is taken or sent out of the State for the pijrpose of placing him in a
foster home, otherwise than b y a parent or guardian, the person so taking or sending
him shall give the State board of control such notice and information as is specified in
section 5, and thereafter shall report to the board at least once each year and at such
other times as the board may direct, as to the location and well-being of such child
juntil he shall have reached the age of 18 years or shall have been legally adopted. It
¡shall be the duty of the State board of control to carry out the provisions of this section.
/[Ib id ., sec. 6.]
j
Penalty fo r violation.— Every person who violates any of the provisions of this act,
1 or who shall intentionally make any false statements or reports to the board of control
with reference to the matters contained herein, shall, upon conviction of the first
offense, be guilty of a misdemeanor. A second or subsequent offense shall be a gross
misdemeanor. [Ibid., sec. 9.]
MISSOURI.
Foreign corporation placing child within State; guaranty required.— No association
incorporated under the laws of any other State than the State of Missouri shall place
any child in any family home within the boundaries of the State of Missouri, either
with or without indenture, or for adoption, unless the said association shall have
furnished the State board of charities and corrections with such guarantee as they may
require that no child shall be brought into the State of Missouri by such society or its
agents having any contagious or incurable disease or being of feeble mind or of vicious
character, and that said association will promptly receive and remove from the State
any child brought into the State of Missouri b y its agents which shall become a public
charge within the period of five years after being brought into this State. [Revised
S ta tu tes 1919, sec. 1101.]
Receiving or placing child in violation o f law; penalty.—Any person who shall receive
to be placed in a home, or shall place in a home any child in behalf of any association
incorporated in any other State than the State of Missouri, which shall not have com
plied with the requirements of the preceding section, shall, upon conviction, be pun
ished b y imprisonment in jail not more than 30 days, or b y fine of not less than $5 nor
more than $100, or b y both such fine and imprisonment. [Ibid., sec. 1105.]
NEBRASKA.
Corporation o f another State placing child within State; undertaking required; conditions;
receiving child on behalf o f corporation not complying with requirement.— No association
incorporated under the laws of any other State shall place any child in any family
home within this State, either with or without indenture or for adoption, without
first entering into an undertaking to the department of public welfare with such sureties
as the department may require, conditioned that no child having any contagious or
incurable disease, or having any deformity, or being of feeble mind, or vicious character
will be brought into the State by such society or its agents; and that it will receive
and remove from the same any child brought into the State which shall become a
public charge within the period of five years. No person shall receive, to be placed in
a home, any child on behalf of any such association which shall not have complied
with the requirements of the provisions of this article. [C om piled S ta tu te s 1922,
sec. 8268.]"
Violations; penalty.-—Any person who shall violate any of the provisions of this
article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished b y imprisonment in the county jail not more than 30 days or b y a fine of
not less than $50 nor more than $200. [Ib id ., sec. 8271.]
NEVADA.
1

¡Corporation o f another State placing child within this State; guaranty required; conditions
o f guaranty; receiving child on behalf o f corporation not complying with requirements;
'¡penalty.—No association which is incorporated under the laws of any other State than
jthe State of Nevada shall place any child in any family home within the boundaries
/ o f the State of Nevada, either with or without indenture or for adoption, unless the
< gaid association shall have furnished the attorney general with such guaranty as he
may require that no child shall be brought into the State of Nevada by such society
or its agents, having any contagious or incurable disease, or having any deformity
or being feeble-minded, or of vicious character, and that said association shall promptly
receive and remove from the State any child brought into the State of Nevada b y its
agents, which shall become a public charge within the period of five years after being

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brought into the State. Any person who shall receive, to be placed in a home, or
shall place in a home any child in behalf of any association incorporated in any other
State than the State of Nevada, which shall not have complied with the provisions of
this act, shall be imprisoned in the county jail not more than 30 days or fined not less
than $5 nor more than $100, or both, in the discretion of the court. [Revised Laws
1912, sec. 747.]
NEW JERSEY.

Bringing dependent child into State fo r purpose o f placing; license required; evidence
required that applicant is licensed or otherwise approvedby State board o f State from which
cMld is to be brought; rules prescribed by State board.— It shall be unlawful for any person,
corporation, association or institution to bring or send or cause to be brought or sent
into the State of New Jersey any dependent child for the purpose of placing such
child in any home in New Jersey , or procuring the placing of such child in any home in
New Jersey b y indenture, adoption or otherwise or to abandon such child after being
brought or sent into the State of New Jersey without first obtaining a license to be
issued by the commissioner [of institutions and agencies], entitling such person, cor
poration, association or institution to the p riv ile g e d bringing or sending or causing to
be brought or sent into the State of New Jersey such children for placement in con
formity with this act and such rules and regulations of the State board consistent here
with as it may from time to time adopt: Provided, however, That each and every applica
tion for a license as provided in this section must be submitted on the form approved
by the commissioner [of institutions and agencies] for the purpose and must be accom
panied b y a certificate or other available evidence that the applicant has obtained a
license or the approval of the State board or similar body of the State from which the
child is to be brought or sent into this State. [Laws 1918, c h . 147, sec. 646 as
am en ded b y Laws 1922, ch . 95.]
Blanket bond required; amount and conditions.—Any person, corporation, association
or institution, before bringing or sending, or causing to be brought or sent, any such
child into this State, such person, corporation, association or institution, having been
duly licensed as provided in section 646, shall be required to furnish a blanket indem
nity bond in favor of the State of New Jersey in the penal sum of one thousand dollars,
to be approved b y said commissioner [of .institutions and agencies], conditioned as
follows: That such licensed person, corporation, association or institution will not
send or bring, or cause to be brought or sent, into this State any child that is incorrigible
or one that is of unsound mind or body: Provided, That nothing herein contained
sha ll be construed to mean that blindness in itself shall act as any barrier to the importa
tion of such children, subject to all other consistent provisions of this act; that such
licensed person, corporation, association, or institution w ill at once, upon the place
ment of any child, report to the commissioner its name and age, and the name and
residence of the person with whom it is placed; that if any such child shall, before it
reaches the age of 21 years, become a public charge such licensed person, corporation,
association, or institution will, within 30 days after written notice shall have been
given of such fact by the commissioner [of institutions and agencies], remove such
child from the State; and if any such dependent child shall be convicted of crime or
misdemeanor and imprisoned within three years from the time of its arrival within
the State, such licensed person, corporation, association or institution will remove
from the State such child immediately upon its being released from such imprison
ment, and upon failure, after 30 days’ notice and demand to remove as aforesaid, any
such child who shall become a public charge as aforesaid, or who shall be convicted
as aforementioned, in either event such licensed person, corporation, association or
institution shall at once and thereby forefeit such sum as the State, or any county or
municipality thereof, shall have expended in the care, maintenance or prosecution
of such child; that such licensed person, corporation, association or institution will
place or cause to be placed each of such dependent children under written contract,
which will secure to such child a proper home, and will make the person so receiving
such child responsible for its proper care, education and training; that such licensed
person, corporation, association or institution will properly supervise the care apd
training of each of such children, and that each of such children shall be visited at'
least once a year b y a responsible agent of the person, corporation, association or institué
tion so placing or causing to be placed; such child as herein provided ; that such licensed!
person, corporation, association or institution will make to said commissioner [of
institutions and agencies] such reports of their work as said commissioner from time to
time may require. [Ib id ., sec. 647 as am ended b y Laws 1922, ch . 95.]
Penalty fo r violation.—Any person, corporation, association or institution; or any
officer or agent thereof herein described, who shall violate any of the provisions of
sections six hundred and forty-six and six hundred and forty-seven of this act, shall

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be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum
not exceeding $100. [Ib id ., sec. 648.]
Not applicable to relative bringing child into State.—The provisions of this act shn.11
not apply to a relative going to any other State and bringing a child into this State for
the purpose of giving it a home in his or any other family, with the consent of the com
missioner [of institutions and agencies]. [Ib id ., sec. 649.]
Recovery o f penalty.— The penalty provided in the bond referred to in section 647
} of this act shall be recovered in any court of competent jurisdiction in the name of
j the State of New Jersey; such bonds shall remain in force, and actions may be brought
I thereon, during any time within which there may be, within this State, any child
/ under, the age of 21 years who shall have been brought into this State by the principal
obligor of said bond. [Ib id ., sec. 650.]
NEW YORK.

Children imported from other States; license required; evidence required that applicant
fo r license is licensed or otherwise approved by his own State; blanket bond, amount and
conditions.— It shall be unlawful for any person, agency, association, corporation,
society, institution, or other organization, except an authorized agency, to bring,
send, or cause to be brought or sent into the State of New York any child for the pur
pose of placing or boarding such child or procuring the placing of such child, by
adoption, guardianship, or-otherwise, in a family, a home or institution, except with
an authorized agency, in this State, without first obtaining a license from the board
[State board of charities]. Application for a license shall be submitted on a form ap
proved and provided by such board and be accompanied by proof that the applicant
holds a license, or is approved b y the State board of charities or similar body in the
State where the applicant resides, or where its chief office is located, or where it has
its place of business. Before bringing, sending, or causing to be brought or sent into
this State any child, the person, agency, association, corporation, society, institution,
or other organization, duly licensed as provided in this section, must furnish to the
board a blanket indemnity bond of a reputable surety company in favor of the State
of New York in the penal sum of not less than one thousand dollars. Such bond must
be approved as to form and sufficiency b y the board and conditioned as follows: That
such licensee (1) will report to the board immediately the name of each such child,
its age, the name of the State, and city, town, borough, or village, or the name of the
country from which such child came, the religious faith of the parents and of the
child, the full name and last residence of its parent or parents, the name of the cus
todian from whom it is taken, and the name and residence of the person or authorized
agency with whom it is placed or boarded, released, or surrendered, or to whom adop
tion or guardianship is granted, and the death of such child or any reboarding, re
placement, or other disposition; (2) will remove from the State within 30 days after
written notice is given any such child becoming a public charge during his minority;
(3) will remove from the State immediately upon its release any such child who
within 3 years from the time of its arrival within the State is committed to an insti
tution or prison as a result of conviction for juvenile delinquency or crime;. (4) will
place or cause to be placed or board or cause to be boarded such child under agree
ment which will secure to such child a proper home, and will make the person so
receiving such child responsible for its proper-care, education, and training; (5) will
com ply with the provisions of section 302 of this article; (6) will supervise the care
and training of such child, and cause it to be visited at least annually by a responsible
agent of the licensee; and (7) will make to the board such reports as the board from
time to time may require. In the event of the failure of such licensee to com ply with
the second and third conditions of the bond hereinbefore mentioned, and to remove
after 30 days’ notice so to do, a child becoming a public charge, such portion of the
bond shall be forfeited to the State or the county or municipality thereof as shall
equal the sum which shall have been expended b y the State or such county or munic
ipality thereof for the care or maintenance or in the prosecution of such child or for
its return to the licensee. [S tate C harities Law, sec. 366, added by Laws 1923,
jsh. 706, and am ended b y Laws 1924, ch . 437.]

NORTH DAKOTA.
Bringing or sending child into State fo r purpose o f placing; license required; blanket
bond, amount and conditions; exemptions.—Any person, partnership, voluntary associa
tion, or corporation, which undertakes to bring or send children from any State into
this State for placement in family homes, shall first procure a license from the board
of administration and file with that board a bond to the State in the sum of $1,000,

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

to be approved b y 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 family
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 name and address, the name of the child, and the
name and address of the person, organization, or institution from which the child
was received. [Laws 1923, ch. 159, sec. 1.]
*
.
'
Taking child out o f State fo r purpose o f placing; cornent o f State board required; exemp
tions.— No person, partnership, voluntary association, or corporation, shall take or
send any child out of the State for placement in a family home in another State without
first, securing the consent of the board of 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 family which is to receive the child, together with such
information concerning 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. [Ibid., sec. 2.]
. .
■
Violations;, p e n a l t y Any person who violates any of the provisions of this act
shall be guilty of a misdemeanor. [Ibid., sec. 3.]
Laws repealed.— Sections 5107 and 5108 of the Compiled Laws for 1913, and all acts
or parts of acts, inconsistent herewith, are hereby repealed. [Ibid., sec. 4.]
OHIO.
Association o f another State placing child within this State; guaranty required.—No
association of another State, incorporated or otherwise, shall place a child in a family
home within the boundaries of this State, either with or without indenture or for
adoption, unless such association shall have furnished the board of State chanties
[department of public w elfare]3 with such guaranty as it may require that no child
having a contagious disease, deformity, feeble mind or vicious character, shall be
brought into this State by such association or its agents, and that such association will
promptly receive and%remove from the State^ a child brought into the State by its
agents which shall become a public charge, within the period of five years thereafter.
[G eneral C ode 1920 (P age’s E dition ), sec. 1677.]
Violation; penalty.— W hoever violates any of the provisions of section 1677 shall be
imprisoned in the county jail not more than 30 days, or fined not less than $5 or more
than $100, or both, in the discretion of the judge. [Ibid., sec. 1678.]
OREGON.
Nonresident or foreign corporation p lacing^ child within this State; guaranty required;
violation; penalty.— No person or agent or agency or institution, of another State shall
place a child in a family home in this State without first having furnished the childwelfare commission such guaranty as the commission may require, against disease,
deformity, feeble-mindedness and delinquency, and against the child becoming a
public charge within five years from the date of such placement. Any person or
organization violating this provision shall be guilty of a misdemeanor and shall be
punishable b y a fine not exceeding $100 for each offense. [O regon Laws 1920
(O lson ’ s), sec. 9835.]
PENNSYLVANIA.
V
Department o f Welfare to enforce law regarding bringing dependent, delinquent, err
defective children into the S tate— The Department of Welfare shall have the power, and
its duty shall be:
_
.
. ,
L
(а) To investigate the residence of a child placed m Pennsylvania from unlicensed
sources in another State, to return such child to the State of its legal residence, and tfe
enter into appropriate contracts with such State relative thereto;
i
(б) To exercise any other powers and perform any other duties with regard to the
bringing into this Commonwealth dependent, delinquent, or defective children,
which may now or hereafter be authorized or imposed by law upon the department,
* The department of public welfare, created b y act of Apr. 26,1921, supersedes the former board of State
charities.

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(c) To make and enforce such rules and regulations for the effective enforcement of
this section as shall be deemed advisable and appropriate. [Law s 1923, No
274, sec. 2010.]
Bringing dependent, delinquent, or defective child into Commonwealth fo r purpose o f
placing; consent required; conformance with rules and regulations fo r State enforcing
agency. It shall be unlawful for any person, corporation, association, or institution
to bring or send, or cause to be brought or sent, into the State of Pennsylvania, any
dependent or delinquent or defective child, for the purpose of placing such child in
any home in Pennsylvania, or procuring the placing of such child in any home in
Pennsylvania b y indenture, adoption, or otherwise, or to abandon such child after
being brought or sent into the State of Pennsylvania, without first obtaining the
written consent of the Board of Public Charities of Pennsylvania [department of
welfare] and conforming to this act and to such rules and regulations of such
board consistent herewith as such board may from time to time prescribe. Authority
is hereby given to such board to make such rules and regulations as it shall deem best
to carry out the provisions of this act. [Pennsylvania S ta tu tes 1920, sec. 13476.]
Blanket bond, amount and conditions.— Such person, corporation, association, or
institution, before bringing or sending or causing to be brought or sent, any such child
into this. State, shall first give an indemnity bond in favor of the State of Pennsylvania,
m the penal sum of $1,000, to be approved by said board of public charities [department ot welfare], conditioned as follows: That they will not send or bring, or cause
to be brought or sent, into this State any child that is incorrigible or one that is of
unsound “ and or body; that they will at once, upon the placement of such child,
report to the board of public charities [department of welfare] its name and age,
^ ii u ^ame.and residence of the person with whom it is placed; that, if any such child
In a bei?fe lt; r?aches the age of 21 years, become a public charge, they will, within
i days after wntten notice shall have been given them of such fact b y the board
ol public chanties [department of welfare], remove such child from the State- and if
any such dependent child shall be convicted of crime or misdemeanor and imprisoned
witùm three years from the time of its arrival within the State, such person corpora
tion, association, or institution will remove from the State such child immediately
upon its being released from such imprisonment; and upon failure after 30 days’
notice and demand to remove any such child who shall have either become a public
charge as aforesaid or who shall have been convicted as aforementioned, in either
event, such person, corporation, association, or institution shall at once and thereby
forfeit the sum of $1,000 as a penalty therefor, to be recovered upon such bond bv a
suit in the name of the State of Pennsylvania; that they will place or cause to be placed
each of such dependent children under written contract which will secure to such
cm ld a proper home and will make the person so receiving such child responsible for
its proper care, education, and training; that they will properly supervise the care
and training of each of such children and that each of such children shall be visited
at least twice a year, by a responsible agent of the person, corporation, association’
or institution so placing or causing to be placed such child as herein provided- that
tney will make to the said board of public charities [department of welfarel
rThî!/ep0rtS
as said board [department] from time to time may require.
[xülQ*^ S6C. 1 o t 77.J

Authority o f State enforcing agency to make rules and regulations.— The board of
public chanties [department of welfare] shall have general supervision and management of all matters contained in this act; and may make such other and further
rules and regulations, not inconsistent herewith, as it may deem necessary for the
proper placing out, indenture, adoption, removal, and supervision of such children
and tor the rejection of incorrigible or unsound children, and for the removal of children convicted of crimes or misdemeaners, or who may become public charges. [Ibid.
SGC* io4:7o*J

¡Penalty fo r violation o f act.—Any person, corporation, association, or institution or
ajfiy officer or agent thereof, herein,described, who shall violate any of the provisions
o)t tins act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be
fined -in any sum not exceeding $100. [Ib id ., sec. 13479.]
I Relatives exempt; other exemptions.— That the provisions of this act shall not apply
m a relative going to any other State and bringing a child into this State for the purpose
oi giving it a home in his own family, nor to the placing of a child in any institution in
this Stante. Provided, That it is not removed therefrom and placed out in this State
except in accordance with the provisions of this act. [Ib id ., sec. 13480.]

63870°—24------3

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LAWS ON INTERSTATE PLACEMENT OP DEPENDENT CHILDREN.
SOUTH CAROLINA.

Bringing or sending child from another State, Territory, or country into this State for
the ■purpose o f placing; notification o f State enforcing agency; certificate as to suitableness
o f proposed home; annual reports.— That no person, agency, or institution shall bring
or send into this State, from another State, Territory, or country, any child and
leaving it, place it in a foster home or procure its adoption without the person so
bringing or sending the child shall first notify the Child-Placing Bureau of the State
Board of Public Welfare of their intention so to do, and shall before bringing said
child into this State obtain from the bureau a certificate stating that such home is,
in the opinion of the bureau, a suitable home for the child; and such certification shall
state the name, age, and personal description of the child, and the name and address
of the person with whom the child is to be placed, and shall furnish satisfactory
evidence that said child is not incorrigible or of unsound mind or body, and such
other information as may be required by the-bureau, and that they will remove any
such child who becomes a public charge or who in the opinion of the bureau becomes
a, menace to the community prior to its adoption, or of legal age. The person bringing
or sending the child into the State shall report at least once each year, and such other
times as the bureau shall direct, as to the location and well-being of the child so long
as it shall remain in the State and until it shall have reached the age of 18 years or
Rhall have been legally adopted. [Laws 1924, N o. 728, sec. 5.]
Violations; penalties.—Any person who shall violate any of the provisions of this
act, or who shall make any false statements or reports to the Child-Placing Bureau
with reference to the matters contained herein and any parent or guardian, or person
receiving a child who shall give a false name or address to the Child-Placing Bureau
shall, upon conviction, bfe guilty of a misdemeanor. [Ibid., sec. 8.]
Relatives exempted from provisions o f act.—That the provisions of this act shall not
apply to persons related by blood or marriage to such children within the sixth
degree. [Ibid .,'sec. 8£.]
SOUTH DAKOTA.
Association o f another State placing child within this State; bond filed with treasurer
o f county in which child is placed; signature o f at least one freeholder o f State required;
also approval o f county commissioners; relatives exempt; other exemptions; violations;
penalty.— No association or society, incorporated or doing business under the laws of
any other State for the purpose of caring for orphan or dependent children, shall bring
or send any child or children into this State for the purpose of being placed in a family
home b y adoption, or otherwise without first having filed a bond in favor of this
State in the penal sum of $500 with the treasurer of the county where such child is to
be placed, conditioned that such child has no contagious, infectious, or incurable
disease or has no deformity or is not of feeble mind or of vicious character, and that
such association or society will promptly receive and remove from this State such child
if it shall become a public charge within the period of five years after being brought
into the State: Provided, That this act shall not be construed so as to prohibit any
person residing in this State from receiving and adopting into his family any child or
children of relatives from another State. Said bond shall be furnished for each child and
must be signed b y at least one resident freeholder of this State and must be approved
b y the board of county commissioners of the county in which such child is placed or
to be placed. Any person in this State who may hereafter have in his care and custody
any child who shall have been brought into this State without such bond having been
filed, shall forthwith notify the board of charities and corrections of such fact and give
the name of such child, its age, date of arrival and from whom it was received. Such
board upon receipt of such notice shall transmit such information to the county court
•of the county in which such child is placed or is found, and it shall be the duty of
such court to make such investigation from time to time and take such action as may
be necessary under the provisions of this article for the protection and benefit of such
child and the people of this State, and such court may require the person in whotee
•custody such child may be to appear before the court from time to time and make such
report touching the condition of such child, its hours of labor, and such other informa
tion as the court may desire regarding such child : Provided, That upon the legal adop
tion of any such child b y such person no further reports shall be required. Any,
person violating any of the provisibns of this section or any person who shall receive, )
to be placed in a home, or shall place in a home, any child in behalf of any association [
or society incorporated or doing business in another State which shall not have complied
with the provisions of this section shall be guilty of a misdemeanor and upon convic
tion thereof punished b y imprisonment in the county fail not exceeding 30 days or b y
a fine of not less than $5 nor more than $100, or b y both such fine and imprisonment.
[Revised C ode 1919, sec. 9992.]

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TENNESSEE.
Nonresident corporation placing child within this State; guaranty required; violations;
penalty.—No agency or institution of another State shall place a child in a family
home in this State without first having furnished to the Board of State Charities [de
partment of institutions4] such guarantee as the board may require, against disease,
deformity, feeble-mindedness, or delinquency, and against the child becoming a
public charge within five years of the date of such placement. Violations of this
restriction shall be punishable b y a fine not exceeding $100 for each offense. [B ald
w in ’ s C um ulative C ode, S u p p lem en t o f 1920, secs. 4 4 3 6 a -6 5 a -1 9 (Law s
1917, c h . 120, sec. 6, su bsec. 5).]
UTAH.
Business o f child-placing defined; license required—No person, firm, corporation, or
association shall engage in the business of receiving children for placement or adoption
or of placing children either temporarily or permanently in homes, or hold itself out
as being prepared to receive children for either of said purposes, or solicit money for
either of such purposes without having in full force a written license from the State
board of health authorizing the carrying on of such business. Whoever within a period
0 ^ 6 months receives for placing or actually places or assists in placing for adoption or
otherwise more than two children shall be deemed to be engaged in the business of
receiving or placing children within the meaning of this act. [Laws 1923, c h .
59, sec. 1.]
Records required.— Every agency licensed as herein provided to receive, secure homes
for, or otherwise care for children, shall keep a record containing names, ages, and
former residences of all children received, a statement of the physical and mental
condition of such children by a competent physician; the names, former residences,
occupations, and character so far as known of the parents; the dates of reception,
placing out, and adoption, together with the name, occupation, and residence of the
person with whom the child is placed; the date and cause of any removal to any other
home; the date and cause of termination of guardianship and a brief history of each
child until he shall have reached the age of 18 years or shall have been legally
adopted or discharged according to law. [Ib id ., sec. 2.]
Child from another State to be placed only by licensed agency; exemptions.— Every
child brought into or sent into the State for placement or adoption in the State, shall
be sent to and placed by an agency licensed under the provisions of this act: Provided,
however, That nothing herein shall be deemed to prohibit a resident of this State from
bringing or causing to be brought into the State a child for adoption into his own
family. [Ib id ., sec. 3.]
State board o f health to issue license.— It shall be the duty of the State board of health
to pass annually on the fitness of every agency which receives or accepts children for
placement or adoption or places children in private homes. Annually at such time
as the board shall direct every such agency shall make a report to the State board of
health showing its condition, management, and competency to care adequately for
such children as are, or may be committed thereto or received thereby; the system of
visitation employed for children placed in private homes and such other facts as the
board may require. When the board is satisfied that such agency is competent and
has adequate facilities to care for such children, and that the requirements of the
statutes covering the management of such agencies are being complied with it shall
issue to the same a license to that effect which shall continue in force for one year
unless sooner revoked b y the board. [Ib id ., sec. 4.]
Violations; penalty.—Every person, firm, or corporation violating any of the provi
sions of this act or who shall intentionally make any false statement or reports to the
State board of health with reference to the matters contained herein shall be guilty
of/a misdemeanor. [Ibid., sec. 5.]

VERM ONT.

I Bringing dependent child into State; approval o f State board, certificate therefor, and
Jguaranty required.—A dependent child shall not be received into a home or instituItion within this State, without first obtaining the approval of the board of charities
and probation [department of public welfare5] and a certificate therefor in accordance
4 The department of institutions succeeds to all rights, powers, and duties vested b y la w in the former
board of State charities. [Laws 1923, N o. 7, sec. 42.]
8 The department of public welfare succeeds to all rights, powers, and duties vested b y law in the
form er board of charities and probation. [Laws 1923, ch. 7, sec. 30.]

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with the provisions of this act. The board may issue such a certificate under such
regulations as it may prescribe, providing the person to whom it is issued gives to
the board a sufficient guaranty, by furnishing a bond or otherwise, that such child
has not a contagious or incurable disease, is not feeble-minded and w ill not become a
public charge, [t a w s 1919, N o. 208, sec. 1.]
Violation; penalty.—A person who violates a provision of this act shall be fined not
more than $500. [Ib id ., sec. 4.]
VIRGINIA.
Agency bringing child into State fo r purpose o f placing; consent required; conformance
with rules o f State board; guaranty; notification before placing; certificate required as to
suitableness o f proposed'home; reports.— No agency shall bring or send into the State
any child for the purpose of placing him out or procuring his adoption, without first
obtaining the consent of the State board of public welfare. Such agency shall conform
to the rules of the board, and shall enter into a written agreement with the board to
remove such child from the State when requested so to do b y the said board, prior
to the child’s adoption or becoming of age; that it will place the child.under written
contract approved by the board; that the person with whom the child is placed shall
be responsible for his proper care and training; that the board shall have the same right
of visitation and supervision of the child and the home in which it is placed as in the
case of a child placed out b y the board. Before the child shall be brought or sent into
the State for the purpose of placing him in a home, the agency so bringing or sending
such child shall first notify the State board of its intention and shall obtain from the
State board a certificate stating that such home is in the opinion of the said board a
suitable home for the child. The agency bringing or sending the child into the State
shall report once a year, or when the child is placed in another home, or at such other
times as the board may direct, as to the location and well-being of the child so long as
he shall remain within the State and until he shall have reached the age of 18 years
or shall have been legally adopted. [Laws 1922, ch. 103, sec. 7.]
Taking child out o f State fo r purpose o f placing; notification o f State board; conditions
o f placing; reports.—No child shall be taken or sent out of the State for the purpose of
placing him in a home, otherwise than b y a parent or guardian, unless the agency
so taking or sending him shall give the State board of public welfare notice of its inten
tion and furnish such information as the board may require. Such agency shall place
the child under written contract approved by the board that the person with whom
the child is placed shall be responsible for his proper care and training, and thereafter
shall report to the board once a year and at such other times as the board may direct,
as to the location and well-being of such child until he shall have reached the age of
18 years or shall have been legally adopted. [Ib id ., sec. 8.}
Violations; penalty.—Every person, acting for himself or for an agency, and every
officer, agent, or employee of the State board of public welfare, who violates any of
the provisions of this act, or who shall intentionally make any false statements to the
State board of public welfare shall upon conviction thereof be punished b y a fine of
not more than $100, or b y imprisonment for not more than one year, or b y both such
fine and imprisonment. [Ib id ., sec. 10.]
W EST VIRGINIA.
Association o f another State placing dependent child in this State; guaranty required;
enalty fo r receiving or placing child on behalf o f association not complying with act.—
o association, incorporated or unincorporated, existing under the laws of any other
State shall place any child in any family home within this State, either with or without
indenture or for adoption, unless the said association shall have furnished the State
board of children’s guardians with such guaranty as it may require that no child shall
be brought into the State b y such society or its agents, having any contagious or in
curable disease, or having any deformity, or being of feeble mind, or of vicious char
acter, and that said association shall promptly receive and remove from the State any
child brought into the State by its agent, which shall become a public charge within
the period of five years after being brought into this State. Any person who shall
receive to be placed in a home, or shall place in a home any child in behalf of any
such association of any other State, which shall not have complied with the require
ments of this act shall be guilty of a misdemeanor, and upon conviction thereof be
imprisoned in the county jail not more than 30 days, or fined not less than $5 nor
more than $100, or both, in the discretion of the court. [Laws 1921, ch . 134, sec. 14.]

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LAWS ON INTERSTATE PLACEMENT OF DEPENDENT CHILDREN.

W YOM ING.
Agency or institution o f another State placing child withim this State; guaranty requiredpenalty fo r violation. -No agencies or institutions of another State shall place a child
m a family home in this State without first having furnished to the State board of
chanties and reform such guaranties as the board may require against disease, de
formity, feeble-mindedness, or delinquency, and against the child becoming a public
charge Violations of this restriction may be punished b y a fine not exceeding $100
for each offense. [C om piled S ta tu te s 1920, sec. 3903, subdiv. 5.]
ë

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LIST OF REFERENCES, BY STATES.

Alabam a................. Session Laws 1923, No. 543, secs. 6, 7, 10.
Delaware
........... Session Laws 1921, ch. 50, adding secs. 1005D-1005J to the
Revised Code.
Georgia.................... Laws 1922, No. 521, secs. 9,11.
Illinois..................... Smith’s Illinois Revised Statutes 1921, ch. 23, sec. 210.
Indiana.................... Burns’ Annotated Statutes 1914, secs. 3670-3674.
Iowa......................... Code, Supplement of 1913, sec. 3260-L.
Kansas..................... Revised Statutes 1923, sec. 38-315.
Kentucky . . » ......... Carroll’s Kentucky Statutes 1922, secs. 331c-l to 331c-4.
Maryland................. Annotated Code 1911, vol. 2, art. 88A, sees. 12-14.
Michigan..................Compiled Laws 1915, secs. 2001-2008, 2010, 7231.
Minnesota. . . . . . . . Session Laws 1919 (extra session), ch. 51, secs. 5, 6, 9.
Missouri....................Revised Statutes 1919, secs. 1104, 1105.
Nebraska..................Compiled Statutes 1922, secs. 8268, 8271.
Nevada.................... Revised Laws 1912, sec. 747.
New Jersey............... Session Laws 1918, ch. 147, secs. 646, 647 as amended by Laws
1922, ch. 9 5 ;secs. 648-650.
|
New Y o rk ............... State Charities Law, sec. 306, added by Laws 1923, ch. 706,
and amended by Laws 1924, ch. 437.
North Dakota. . . . . . Laws 1923, ch. 159, repealing Compiled Laws 1913, secs.
5107-5108.
Ohio..................
General Code 1920 (Page’s edition), secs. 1677,1678.
Oregon..................... Oregon Laws 1920 (Olson’s), sec. 9835.
Pennsylvania...........Pennsylvania Statutes 1920, secs. 13476-13480; Session Laws
1923, No. 274, sec. 2010.
South Carolina....... Laws 1924, No. 728, secs. 5, 8, 8£.
South Dakota.......... Revised Code 1919, sec. 9992.
Tennessee.................Baldwin’s Cumulative Code, Supplement of 1920, sec. 4436a65a-19(1917, c h .120,sec. 6, subsec. 5).
U tah ........................Session Laws 1923, ch. 59.
Vermont................... Session Laws 1919, No. 208, secs. 1,4.
Virginia............ ....... Session Laws 1922, ch. 103, secs. 7,8,10.
West Virginia...........Session Laws 1921, ch. 134, sec. 14.
Wyoming..................Compiled Statutes 1920, sec. 3903, subdiv. 5.
32

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