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U. S. DEPARTMENT OF LABOR CHILDREN’S BUREAU JU LIA C . L A T H R O P . Chief SUMMARY OF CHILD-WELFARE LAWS PASSED IN 1916 M IS C E L L A N E O U S SE R IES N o. 7 Bureau Publication N o. 2 1 WASHINGTON GOVERNMENT PRINTING OFFICE 1917 I------------------------------------------------------------------------36>A. 7 %9->\ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ADD ITIO N AL COPIES OF THIS PUBLICATION MAY BE PROCURED FROM THE SUPERINTENDENT OF DOCUMENTS GOVERNMENT PRINTING OFFICE •WASHINGTON, D. C. AT 10 CENTS PER COPY A https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1 .7 CONTENTS. Page. Letter of transmittal..................... . . ..................................................................... ....... Introduction................................................................... . _.........................J'____. . . . . . Abbreviations used in references.......................................................... ............. List of codes, revisions, or compilations referred to.......................................... Parent and child............................................................................................................ Adoption...................................................... ..................................... .......... ........... New Y o rk ........................................................................... .............. .............. Desertion of minor child................................................................ ........... ............ K entucky..................................................................... . ............... .... ^.......... New Jersey..... ...................... ............................................ ............................... Miscellaneous provisions concerning parent and c h ild .... . ........................ New Y ork....................... ...... ........................................................ . ................. Virginia.............................................................................................. _............. Offenses against the ch ild ................................................................. Offenses against the person..................................................................................... K en tu ck y. .................................... ..............................•...'...................... Louisiana.................................. New Y o r k ....................................... ’ .............................................. ................. Virginia.................................. Miscellaneous offenses against the ch ild.......................................................... ... Louisiana....... ................... Maryland.......................... Porto R ico .......................... Virginia......................... Health and sanitation, including recreation............................................................. Birth registration........................................... .'.................................... .................. Maryland...................................... .................... ......... ............. .............. ' . . . . New Y ork....................................... ...................................... .-. 4. ____ Health......... ............................... ............................................. . . . ; ................... ... . Louisiana.......................................................................... Maryland...................... Massachusetts.............................. M ississippi........................................................ ...............................; ............. New Jersey......................................................................................................... New Y ork...................................... Philippine Islands..............................1......................................................... Rhode Island........................................ South Carolina......... ............................... Recreation............................................................... United States.............................................. ......... Louisiana.................................................................................. Maryland........................ .... Massachusetts..................................................................................................... New Jersey..................................................................... New Y ork............................................................................ Rhode Island......... .......................................... 3 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 7 9-11 ll 11 11-13 11-12 11 12 12 12 12-13 12 13 13-14 13 13 13 13 13 14 14 14 14 14 14-19 L4-15 14 15 15-17 15 15 15 16 16 16 17 17 17 17-19 17 17 18 18 18 18 18 4 CONTENTS. Page. Child labor and school attendance.................. ................. ....... .................................- 19^31 Child labor............ ................................ ................................................................... 19-281 United States..................................................................................... ............... 19 20 Georgia........................ ........... ............... ............................................................ K entucky........................................................................................................... 20 Louisiana...................... ......................................... %........................................ 21 Maine........................................................................................... ....................... 21 Maryland..................................................................................................... - - - 21 Massachusetts............................................................................. ....... ............... 23 Mississippi....................................................................... 25; New Jersey......................................................................................................... 25 26 New Y ork........................................................................... R hode Island................................................................................................... 27 •: South Carolina......................................................................................... ......... 27 27 Virginia...........................................................- ........................................ ......... Compensation for injured minor..................... . ............... ................................ 28 United States..................................................................................................... 28 K entucky............................................. .............................................. - ............. 28 New Y ork........................................................................ ............. - ................. 28 Porto R ic o .. „ . .................................................................................................... 28 School attendance..................................................................................................... 28-31 Georgia......... ...................................................................................................... 28 K entucky....... .............................................................................. - ................... 29 Louisiana........................................................................... - ................... - - - - - 29 Maryland............................................................................................... - ........... 30 Massachusetts........................................................... 31 Mississippi.................................................................- ................... *i................. 31 32-53 Defective, delinquent, and dependent children.................................. Contributory delinquency, dependency, or neglect............................. -.......... 32-33 Louisiana.................................... - ................... - .......................................... - - 32 Maryland.............................................. - ............................................ - - ........... 32 Deaf, dumb, and b lin d ................7*......................................................................... 33-34 K entucky................................................................................ - ......................... 33 Louisiana.................................. .................................................... - - - - ............. 33 33 Massachusetts.................................................................................................... New Jersey....................... 34 Dependent children...............................................- .............................................. .. 34-35 Mississippi..................................................................................................... *- 34 New Y o r k ................................................................................................... , - 34 Virginia.............. ........................................................................- — ................. 35 Juvenile courts.............................................................................- ............... ........... 35-40 35 District of Columbia................... ‘............................... - - - - ............... ............. Georgia...................................................................................................... 35 Louisiana............................................ 36 Maryland............. ..................... ......... ............... - - ............................................. 36 Massachusetts.................................................. 38 New Jersey___ .... « ................................................................................- ......... 39 New Y ork..................................... ............. |............. ........................................ 39 Porto R ico ............................................................................- ............................. 39 Juvenile delinquents......................................................................... 40-43 K entucky...................................................................................- ................... -40 M aryland...................................................................................... - ................... 41 Massachusetts.......................................... 41 Mississippi................. 41 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CONTENTS. 5 Defective, delinquent, and dependent children— Continued. Juvenile delinquents— Continued. Page. New Y ork........................................................................................................ 42 South Carolina.................................................................................................... 42 Virginia........................................................................£...................................... 43 Mental defectives........................................................... .............. .......... . ............. 43 K entucky............................................................................................................ 43 Maryland............................................................................................................. 43 Massachusetts..................................................................................................... 44 New Jersey........................................................................ .......... .................... 45 New Y ork.....................'.................................J.................................................. 45 Rhode Island.................................................................................................... 46 Virginia..................................... .................................................................. ....... 46 Mothers’ pensions........................................... * . ...................................................... 51-52 Maryland............................................................................................................ 51 New Jersey.............................................................................. .......................... 52 New Y ork....................................... ..........................................I ...................... 52 Miscellaneous provisions affecting defective, delinquent, and dependent children......... . ............................... ....................................................................... 52-53 Georgia....................................................................................... |..... ............. .. 52 M aryland ..................................................................................... . ................... 53 Miscellaneous provisions affecting children................................................................ 54-57 Military and physical training................................ .............................................. 54-56 Louisiana............................................................................................................ 54 54 Maryland................................................................................................. .. Massachusetts.................................................................................................... 54 54 New Jersey ........................................................................................................ 55 New Y ork....... .............................................................. ................................... Policewomen..................................................... ....... .... . . ^ .................................... 57 Virginia............................................................................................................... 57 57 Social insurance................................... ............................................................... Massachusetts..................................................................................................... 57 Topical index b y political divisions........................................................................... 59-62 59 District of Columbia............................................ 1.................................................. Georgia..................................................................................... ................... ............. 59 K en tu ck y .................................................... ....................................... . ................... 59 Louisiana......................................... -...........................................•......................... 59 59 Maine.................................... ................... - .......................................................... i, 59 Maryland....... - . . i ...................................................................................................... 60 Massachusetts................................................................................*.............. —------61 Mississippi................................................................................................................... 61 New Jersey....................... .------- .\ ............................................................... ........... 61 New Y ork................................................................................................................. 62 Philippine Islands............................ ................... » .......................................... .. 62 Porto R i c o . .. ................................. ........................................................... ............... 62 Rhode Island............................................................................................................. 62 South Carolina........................................................................................................... 62 United States................i ................................ .......................................................... 62 V irgin ia................................... — .......... 1.............................................................. A ppendix........................................................- ................................................................ 63-74 63 Outline for index of existing legislation affecting child welfare..................... https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis LETTER OF TRANSMITTAL. U . S. D epartm ent of C L h il d r e n ’s abor, B u reau , Washington, February 3, 1917. S i r : I transmit herewith a summary of child-welfare laws passed in 1916. The summary relates new provisions to those which they supplement or supersede and gives exact legal references for all material included. The summary is based on an outline o f topics which was originally prepared as the basis for the bureau’s reference index of legislation in various States and which is appended to the summary. The summary o f current legislation was prepared by Miss Anna Rochester and Miss Lulu L. Eckman, with the assistance of Miss Ella A. Merritt. The outline index was planned by Miss Emma 0 . Lundberg, with the assistance of other members of the staff. Respectfully submitted. J u l i a C . L a t h r o p , Chief. Hon. W i l l i a m B. W i l s o n , Secretary o f Labor. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis SUMMARY OF CHILD-WELFARE LAWS PASSED IN 1916. INTRODUCTION. Laws affecting the welfare o f children were passed during the year 1916 by each o f the 11 State legislatures holding a regular session,1 by the legislatures o f the Philippine Islands and Porto Rico, and by the Federal Congress. The acts o f 11 extra sessions held in 10 States2 between October 1, 1915, and December 1, 1916, have also been examined. This report summarizes the changes in child-welfare legislation found in these session laws3 and compares the new pro visions with those which they supersede and, in some cases, with re lated provisions in the same State. Exact legal references are given for each statement, but these references do not attempt to cover the entire field o f the subject under discussion. The main divisions of this summary follow the main divisions of the index outline of child-welfare legislation 4 prepared by the Chil dren’s Bureau, with certain modifications made necessary by the present less detailed plan of analysis. Thus the two subjects (E ) Education laws and (F ) Child-labor legislation, which the index out line separates, have been combined under the heading “ Child labor and school attendance,” and only such education laws have been in cluded as directly affect employment, viz, those relating to compul sory school attendance, school census, length o f school term, and attendance at part-time continuation schools. Laws which the index outline divides under three main headings—-(G ) State care o f chil dren, general provisions for administration, supervision, and main tenance; (H ) Delinquent, dependent, and neglected children; and (I) Defective children— are given in the section entitled “ Defective, 1 Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, New Jersey, New York, Rhode Island, South Carolina, Virginia. 2 California, Connecticut, Illinois (2 extra sessions), Massachusetts, Minnesota, Okla homa, South Dakota, Tennessee, Vermont, W isconsin. 3 Two changes in child-welfare legislation— one in Louisiana and one in Maine— made effective by referendum vote between Oct. 1, 1915, and Dec. 1, 1916, have been included. i For scope and text of this index outline, see Appendix, page 63. The subdivisions under the main headings are not arranged in the order in which they are found in the index outline. 9 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10 C H I L D -W E L F A B E LAW S. delinquent, and dependent children.” Two divisions o f the index outline have been entirely omitted: (B ) Guardian and ward, and (J ) Minor’s capacity or incapacity to acquire rights and to incur liabilities. In other divisions topics which are legal rather than social, or which concern adults primarily and children only indirectly, have not been included. For example, in the section entitled “ Parent and child,” changes are noted only in provisions regarding aban donment and neglect; abuse; care and support; custody o f child; void and voidable marriages, with effect on legitimacy o f child; adoption; and illegitimacy. Similarly, in the section on “ Health and sanita tion,” no general health laws in which minors are not specifically mentioned have been included except provisions regarding venereal disease, infantile paralysis, visiting nurses, and town physicians (as distinct from health officers). But all laws concerning infant blind ness, hospitals specified as for children or mothers, midwives, birth registration, and official divisions o f child hygiene are covered. Rec reation laws are placed in the section on health and sanitation, as in the index outline. Under the title “ Defective, delinquent, and de pendent children” only such Jaws relating to delinquents and de pendents are included as specifically refer to minors, but all changes in provisions concerning mental defectives are summarized. In the last section, entitled “ Miscellaneous provisions affecting children,” are included a few laws not closely related to any of the subjects o f the index outline. The laws summarized under the heading “ Child labor and school attendance” cover the same topics as those published by the Chil dren’s Bureau in the bulletin entitled “ Child-Labor Legislation in the United States,” and this review of 1916 laws may therefore be used as a supplement (in summary) to that volume. Three types o f laws not given in the earlier publication, however, are included, viz: Provisions specifying a required length o f annual school term are summarized; reference is made to provisions for investigations, a type o f temporary legislation quite outside the scope of the other publication; and all provisions of workmen’s compensation laws which specifically affect minor employees are indicated. The earlier bulletin referred only to such provisions of compensation laws as affected minors illegally employed; and those were not given in full, but summarized in the “ Introduction.” Even in the present summary changes in compensation laws which do not mention minor employees are not included, and none o f the benefit provisions are mentioned. A few local laws, i. e., State laws affecting a single county or city, etc., have been included, but neither the changes in local laws here summarized nor the references relating them to earlier local provisions cover this entire field. Appropriations are referred to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 11 only as they are given in the text of an act establishing new work or creating a new office. Changes in appropriations for work already under way are not noted. The topical index by States gives chapter references to the 1916 session law volumes. ABBREVIATIONS USED IN REFERENCES. [References giving chapter or number for a specified year are in every case to session laws o f that year unless otherwise indicated.] A ------------------------------ ---------------------------- — --------- Act. A C----------------------- --------------------------- ------------- ----- Annotated Code. art— I--------- ------------------------------------------------ ----------article. C— ---------------------:— — ----------------------------------------- Chapter, Chapters. C L ----------- 1--------------------------------------------- .------ 3------Consolidated Laws. C S-------- v--------------------- .------------------------- --------------- Compiled Statutes. G L ----------- ----------------------------------------------------------- General Laws. N o------------------------------------------------------------------------Number. p----------------------- ------------------------------------------------ —page. R L ------------- ---------------------------------------------------------- Revised Laws. s - ------ ,------------------------------------------------------------- ----- section. ss--------------------------------------------------------------- ------ „--- sections. St---------------------------- l-------------------------------------------- Statutes. Stat L --------------------------------------------------------------— .United States Statutes at Large. Supp— — --------------------------------------------------- ---------- Supplement. W R L -------------------- ---------------------------------------------- W olff’s Revised Laws. v------------- ------------------------------------------------------------- volume. LIST OF CODES, REVISIONS, OR COMPILATIONS USED. United States----------------------------------- United States Statutes at Large. D istrict o f Columbia------------------ ____United States Statutes at Large. Georgia________ ____________________ Code 1914. K entucky----------------------------------------- Statutes 1915. Louisiana----------------------------------------- W olff’s Revised Law s 1904. W olff’s Revised Laws, Supplement 1904-1908. M aryland----------------------------------------- Annotated' Code 1911 and 1914. Massachusetts----------------------------------Revised Laws 1902. Mississippi_____ ____________________ Code 1906. New Jersey----------- ,--------------------------Compiled Statutes 1910. New Y ork----------------------------------------- Consolidated Laws 1909. Code o f Civil Procedure. Rhode Island------------------------- -----------General Laws 1909. South Carolina---------------------------------Code 19Î2. V irginia--------------------------------------------Code 1904. P A R E N T A N D CHILD. ADOPTION. New Y ork.—The law concerning adoption is amended to provide that in the adoption o f an illegitimate child the fact of illegitimacy shall in no case appear upon the record. The amended law specifies https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 12 C H I L D -W E L F A R E LAW S. that if the foster parents reside outside the State proceedings must be in the county where the minor resides; otherwise, as formerly, in the county where the foster parents reside. 1916 C 453 amending O L 1909 (D om estic Relations) G 14 ss 112-114 as amended by 1915 G 352, and 115. DESERTION OE MINOR CHILD. See also Contributory delinquency, dependency, or neglect, pp. 32 to 33; Juvenile courts, Maryland, p. 36, and Massachusetts, p. 38; and Juvenile delin quents, Mississippi, p. 41. K entucky.— A parent willfully deserting an indigent child under 16 years o f age is declared guilty o f a felony, punishable by imprison ment for not less than one nor more than five years, but it is also provided that the parent, before or after conviction, may be placed on probation, subject to power o f court, for a period o f five years. By a former statute a parent guilty o f willful nonsupport o f child under 14 years o f age is punishable by a fine of not more than $20 or imprisonment in county jail or workhouse for not more than six months. Formerly parent deserting child under 6 years o f age was subject to imprisonment in penitentiary for not more than three years. Compare provisions in juvenile-court law concerning parent contributing to dependency or neglect o f minor. 1916 C 6. See St 1915 ss 328, 329, 331d, 331e. New Jersey.— A mother who abandons a minor child dependent on her for support is declared guilty o f a misdemeanor, but no penalty is specified. [The penalty for a misdemeanor unless otherwise speci fied is a fine o f not exceeding $1,000, or imprisonment for not exceed ing three years, or both.] The act to which this is a supplement defined her as a “ disorderly person.” According to a former act a father deserting his minor child is held guilty o f a misdemeanor and subject to fine of not more than $100 or imprisonment for not more than one year. Compare the act for welfare of children [1915 C 246— not referred to in the 1916 act], which provides that any parent abandoning or neglecting child or children is to be deemed guilty of “ cruelty to or neglect o f children ” and subject to a fine o f not ex ceeding $100 or imprisonment for not more than one year in workhouse or penitentiary. 1916 C 45 supplementing C S 1910 v 2 (D isorderly Persons) ss 17-30 p 1931. See also O S 1910 v 2 (Crim es) s 73a p 1770 and 1915 O 246. MISCELLANEOUS PROVISIONS CONCERNING PARENT AND CHILD. New Y ork.— The law providing for the annulment of a marriage contracted when one or both parties were under the age of legal consent is amended by adding the provision that an action may be https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 13 maintained when either or both parties had not attained the age at which the consent o f parent or guardian was not required by the laws of the State where the marriage took place. The amendment specifically applies to marriages heretofore or hereafter contracted. 1916 C 605 amending Code o f Civil Procedure ss 1743, 1744. Virginia.— The father and the mother o f a legitimate unmarried minor child are to be equally entitled to the custody, services, and earnings of the child. I f either be dead or disabled, or i f either refuses to take custody or has abandoned his or her family, the other is entitled to custody, services, and earnings. Formerly the father, if living, had custody of the child. 1916 C 417. See Code 1904 v 2 s 2603. OFFENSES AGAINST THE CHILD. OFFENSES AGAINST THE PERSON. Kentucky.— Pandering is defined and prohibited. Any female involved in the acts so defined is declared a competent witness. A penalty o f imprisonment in penitentiary for from one to five years is provided. 1916 C 49. F or previous law s applying to abduction, seduction, and assisting in prostitution, not superseded unless in conflict with this act, see St 1915 ss 1156, 1158, 1214-1215a. Louisiana,.— Provision is made for indeterminate sentence for certain offenses, specifically including rape and attempt to commit rape, subject to the minimum and maximum terms defined in the statute under which the prisoner is convicted. The former statutes under which, apparently, a prisoner would be convicted provide death sentence for rape and imprisonment for varying periods for attempt to commit rape. [See references below.] 1916 A 123. Compare W R L 1904 v 1 p 320 (1855 A 120 s 4 as amended by 1878 A 24) ; and W R L 1904 v 1 p 325 (1855 A 120 s 9 as amended by 1896 A 59 and 1912 A 9 ). F or other penalties for attempt to commit rape, see W R L 1904 v 1 p 369 (1870 Extra Session A 8 ) ; W R L 1904 v 1 p 322 (1892 A 26) ; and 1912 A 192 s 1. New York.— Seduction" of an unmarried female of previous chaste character under pretense o f marriage is made punishable by impris onment for not more than five years, or fine of not more than $1,000, or both. 1916 C 196 amending C L 1909 (P en al) C 40 s 2175. Virginia.— The age o f consent is raised from 14 to 15 years. 1916 C 478 amending Code 1904 s 3680. See also law [1916 C 168] forbidding employment agencies to send females to places o f bad repute, given under “ Child labor,” page 27. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 14 C H I L D -W E L F A R E LAW S. MISCELLANEOUS OFFENSES AGAINST THE CHILD. Louisiana.— It is made unlawful for the owner o f a junk shop, or his employee, to purchase goods from a minor under 17 years of age, and a penalty is provided. 1916 A 15. Maryland.—Any proprietor o f a public pool room, billiard room, or bowling alley in Garrett County or Washington County is for bidden to permit persons under 16 years of age to loiter on the premises, to participate in games, or to watch others play. Any minor under 14 years o f age is also forbidden to frequent or use tables at any licensed billiard room in Allegany County. 1916 C 140, 205, 479. Porto R ico.—The admission o f any minor to the places within the hippodromes designated for betting is prohibited, and the sale to any minor o f a slip or ticket for a bet is forbidden. The penalty for a first offense is a fine or from $200 to $500 or imprisonment for from one to three months, or both. 1916 No 42. The sale or donation of cigars, cigarettes, or tobacco to children under 18 years of age is prohibited, with a penalty for first violation o f a fine not to exceed $100 or imprisonment for not more than 90 days or both fine and imprisonment. 1916 No 21. Virginia.— The new prohibition law includes the provision that it is a misdemeanor for a minor to have liquor in his possession; the former law concerning the sale o f intoxicants forbade furnishing or selling liquor to a minor, employing a minor in a saloon, and grant ing a license for the sale o f liquor to a social club having minors among its members. The new law provides also that “ wife, child, parent, guardian, employer, or other person who shall be injured in person or property or means o f support by any intoxicated person ” has a right o f action against the person who, by selling, bartering, or giving away intoxicating liquors, shall have caused the intoxi cation. 1916 C 146 ss 41, 74. F or form er liquor la w see 1910 C 190. HEALTH AND SANITATION, INCLUDING RECREATION. BIRTH REGISTRATION. Maryland.—The vital statistics law is amended in several particu lars. The amendments include the following changes: The State registrar is now permitted to combine two or more registration dis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 15 tricts in any county into one registration district without the former restriction that the population of the combined districts may not ex ceed 100,000; the city o f Baltimore is now included in the provision, applying formerly to the remainder of the State, that originals of all certificates o f birth or death shall be transmitted at least monthly to the State registrar. 1916 O 691 amending A C 1911 v 3 (1914) art 43 ss 8, 9, 12, 17. New Y ork.—The birth-registration law is amended by making the penalty apply specifically to any physician, midwife, or other person charged with filing a record of birth (formerly the penalty applied to “ any person required by law ” to report births, which included physician or m id w ife); and by adding the provision that action to recover penalty may be brought by State commissioner of health in any court of competent jurisdiction. [Another section of this law, not amended in 1916, provides that commissioner of health may report violations to district attorney, who shall institute proceed- HEALTH. Louisiana.— It is made unlawful for a nurse or midwife to ad minister an anesthetic except by direction and under supervision of a physician. Violation of this proyision is a misdemeanor subject to a fine of not exceeding $1,000, or imprisonment for not exceeding six months, or both. 1916 A 163. Maryland.— The county commissioners o f Cecil County are author ized to appropriate not more than $1,000 for the construction o f a maternity department o f Union Hospital of Cecil County, and to levy an annual tax for its maintenance. 1916 C 183. Massachusetts.— The State department o f health is authorized to purchase drugs o f value in preventing the transmission of syphilis, fo r free distribution among boards of health, hospitals, dispensaries, and physicians, subject to such regulations as the department may prescribe. 1916 Resolves C 47. Local boards of health, or the selectmen in towns having no boards of health, are authorized to make regulations to check the spread of infantile paralysis. Local authorities are required to notify the State department of health of any such regulation, and the State' .department o f health has power to revoke or revise any regulation 81573 ° — 17— -2 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 16 C H I L D -W E L F A R E LAW S. under this act which it considers unnecessary or unreasonable. Regulations are to be in effect only until January 15, 1917. 1916 C 313. Provision is made for an investigation by the State department o f health of nonpulmonary tuberculosis with special reference to children and adolescents. This investigation is to determine the number of cases, the number of hospital beds now available for such cases and the number needed, and the department is to report to the legislature in January, 1917, its conclusions and recommendations with drafts o f proposed legislation. Not exceeding $500 may be spent upon the investigation. 1916 Resolves C 62. ' Mississippi.—An act for the prevention of infant blindness is passed, which provides that all cases of inflamed or sore eyes occur ring at any time within two weeks after birth shall be reported within six hours by the physician, midwife, parent, or other person in attendance to the local health officer, who shall investigate the cases and report to the State board of health. The State is required to furnish, if necessary, daily inspection and gratuitous treatment. The act provides also for the free distribution o f a scientific prophy lactic with directions*for use to all physicians and midwives; and the use of a prophylactic in the eyes of the new born is required in all cases o f childbirth in a maternity home, hospital, or institution, and in every case under the care of a midwife. The State board of health is required to publish information on the subject and to furnish copies of the law to all physicians and midwives and may make fur ther regulations to be followed by local health officers. An appro priation o f $300 is made for the year 1916 and one o f the same amount for the year 1917 for carrying out the provisions o f the act. Failure to comply with any provision o f the act constitutes a misde meanor punishable by a fine of from $50 to $200. 1916 C 115. New Jersey.—Municipalities are authorized to employ visiting nurses. 1916 C 202. # New Y o rk —Any town containing a village which has no resi dent practicing physician within its boundaries or within a radius of 8 miles is authorized to appoint a town physician at a salary of not more than $1,000, to be paid from tax money, whose duty it shall be to render medical relief to poor persons within the town. I f the physician is also a local health officer, he is to receive in addition to this salary the compensation fixed for a health officer. 1916 C 413 amending C L 1909 (T ow n ) C 62 by adding s 142. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 17 Philippine Islands—The sum of 1,000,000 pesos ($500,000) is ap propriated for a campaign to protect early infancy, to be conducted in cooperation with the Liga Nacional para la Protección de la Primera Infancia, and it is provided that officers and employees of the insular, provincial, and municipal governments, when so directed by the Governor General, shall serve gratuitously in connection with the work. 1916 No 2633. Rhode Island.— The city of Providence is authorized to make an appropriation of $5,000 toward the support of the Providence Dis trict Nursing Association. 1916 C 1405. South Carolina.— The State board of health is instructed to ap point a county health officer for Greenville County at a salary of $1,800, to be paid from the county funds. [Qualification are not specified.] His duties include the examination of all children in the county under 12 years of age, unless they have been examined by a physician, to ascertain whether they have physical defects which might be remedied by treatment, and in case he discovers need of treatment the facts are to be communicated to the parents, guardian, or custodian o f the child. The former health officer received a salary c f $1,000. His specific duties did not include examination of children. 1916 No 399 repealing 1914 No 390. The State board of health is required to make the Wassermann test free of charge. 1916 No 531. RECREATION. United States.—Congress by special act incorporates the Boy Scouts o f America, of which the purpose is stated as follows: To promote, through organization and through cooperation with other agencies, the ability of boys to do things for themselves and others; to train them in scoutcraft; and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods which are now in common use by Boy Scouts. The national organization was for merly a corporation under the laws of the District of Columbia. 39 Stat L C 148 p 227 (A ct o f June 15, 1916). Louisiana.— In redrafting the school law provision is made [s 65] authorizing the Orleans Parish School Board to maintain play grounds and social centers. 1916 A 120 repealing 1910 A 39 and 1912 A 214. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 18 C H I L D -W E L F A R E LAW S. Maryland.— The mayor and city council of Baltimore are author ized to use the public-school buildings and other city property for any public purpose which will not materially interfere with the pur pose for which such property was primarily designed. 1916 C 231 adding paragraph 32 to s 6 o f Revised Charter o f Baltim ore city. See A C 1911 v 2 (1911) art 77 ss 121, 123. In redrafting the school law for the State outside of Baltimore city, Maryland amends the provisions concerning the use of school buildings for other than school purposes by providing that when ap plication is made by 25 citizens in the district for the use o f a school building for a nonpartisan gathering for discussion of public ques tions, or for other civic, social, or recreational activities, the school authorities shall allow free use of buildings or grounds. The law formerly provided that school officials should “ have authority to allow ” snch use. 1916 C 506 s 34 amending A C 1911 v 3 (1914) art 77 s 34. Massachusetts.— The law permitting the use of school buildings in Boston for social and civic purposes is amended by eliminating the provision that in case of such use no admission fee shall be charged. This proviso had previously been eliminated from the law applying to the rest o f the State. 1916 Special Acts 0 86 amending 1912 C 195 s 1. amended by 1914 C 538. Compare 1913 C 391 as New Jersey.—Any commission, board, or other local authority having control of parks, playgrounds, or other public property is specifically permitted to authorize their use for athletic purposes or as playgrounds, subject to reasonable regulation. 1916 C 59. For form er provision concerning playgrounds managed by board o f playground commissioners, compare 1911 C 308. New Jersey adds to the provision permitting the use o f school buildings and grounds for social and recreational purposes specific permission to improve and equip school property for such purposes. 1916 C 227 amending 1913 C 309. New Y ork.— A specific provision concerning land for athletic fields and playgrounds is added to the law concerning the acquisition by villages o f lands for parks and squares. Villages are also authorized to equip and maintain parks, athletic fields, Dr playgrounds on leased land. 1916 C -42 amending C L 1909 (V illage) C 64 s 169. Rhode Island.-—The school committee o f Providence is authorized to permit the occasional use of school buildings for certain specified purposes, including civic, social, and recreational meetings and enter tainments, No admission fee is to be charged unless the proceeds are https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis c h il d - w e l f a r e law s. 19 for an educational purpose connected with the school, and no politi cal or religious meeting is to be permitted. Formerly the use of such buildings was permitted only for activities under auspices of school committee or board of recreation. 1916 C 1414. See 1912 C 858 and 1913 0 980. . CHILD LABOR AND SCHOOL ATTENDANCE. CHILD LABOR. United States.— Congress enacts a Federal child-labor law, to be effective September 1, 1917, forbidding the shipment in interstate or foreign commercé of the product o f a manufacturing establishment or of a mine or quarry in the United States in which, within 30 days prior to the removal of the product from such establishment, mine, or quarry, children have been employed contrary to the follow ing provisions: (1) No child under 14 to be employed at any time in any mill, cannery, workshop, factory, or manufacturing establish ment; (2 ) no child between the ages o f 14 and 16 years to be em ployed in establishments specified in ( 1) more than eight hours in any day, or more than six days in any week, or between 7 p. m. and 6 a. m. ; (3) no child under 16 to be employed at any time in any mine or quarry. The Attorney General, the Secretary of Commerce, and the Secretary o f Labor constitute a board to make regulations for carrying out the provisions of the act. The Secretary of Labor and his deputies have authority to inspect at any time establishments covered by the act. A dealer is protected from prosecution by estab lishing a guaranty issued by the manufacturer or producer. The producer, manufacturer, or dealer is protected from prosecution for violation if at the time o f employment of the child the producer or manufacturer had in good faith procured and has since kept on file a certificate issued according to regulations of the board (o f Secre taries), showing the child to be of such an age that shipment of the product was not prohibited. The board may designate States in which an employment certificate issued under State law shall be accepted as fulfilling this provision. The district attorney is to cause proceedings to be commenced in a Federal court for the enforcement of the penalties provided by the act upon receiving a report o f a violation from the Secretary of Labor or upon receiving satisfactory evidence o f violation from any State factory or mining or quarry inspector, State medical inspector, school-attendance officer, or any other person. The penalty for violation, including obstruction o f entry or inspec tion authorized by the act, is as follows: For each offense prior to first conviction, a fine of not more than $200 ; for each offense subse- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 20 c h il d - w e l f a r e law s. quent to first conviction, a fine of from $100 to $1,000, or imprison ment for not more than three months, or both. 39 Stat L C 432 p 675 (A ct of- Sept 1, 1916). The Adamson Act provides that in contracts for labor and service eight hours shall be deemed a day’s work and the measure or stand ard o f a day’s work for the purpose of reckoning compensation of all employees [whether minors or adults] actually engaged in the operation o f trains used for the transportation o f persons or prop erty on interstate railroads, except railroads independently owned and operated not exceeding 100 miles in length, electric street railroads, and electric interurban railroads. The President is to appoint a commission o f three to observe during a period o f six to nine months the operation o f the eight-hour day, and within 30 days thereafter the commission shall report its findings to the President and Con gress. The sum o f $25,000 is appropriated for the necessary expenses of the commission. Pending their report and for 30- days thereafter the compensation of railroad employees subject to the act jshall not be reduced below the present standard day’s wage, and for all neces sary time in excess of eight hours such employees shall be paid at a rate not less than the pro rata rate for such standard eight-hour workday. Violation o f any provision constitutes a misdemeanor, punishable by fine of from $100 to $1,000, or by imprisonment not to exceed one year, or by both. 39 Stat L C 436 p 721 (A ct o f Sept 3, 5, 1916). Congress amends the act limiting the hours of service for em ployees [whether minors or adults] upon interstate railroads to not more than 16 hours’ continuous service with 10 consecutive hours off duty, by making the penalty for violation a fine of not less than $100 nor more than $500, instead o f “ not to exceed $500,” as formerly. 39 Stat L C 109 p 61 ( Act o f May 4, 1916) amending 34 Stat L C 2939 s 3 p 1415 (A ct o f Mar 4, 1907). Georgia.— The commissioner o f commerce and labor is given au thority to appoint one factory inspector to aid in the enforcement of the child-labor law and such other laws as may come under juris diction o f the department o f commerce and labor. Formerly there was no specific provision for appointment of factory inspectors. 1916 No 547 p 113. See Code 1914 (P olitical) s 2141. K entucky.— The child-labor law is amended by the addition o f a provision that “ nothing in this act shall prevent ” employment o f children under 16 not residents o f the State to perform in a duly licensed theater, provided the child is accompanied to and from the theater by a parent, guardian, or other adult custodian who remains in the wings during the performance. The law to which this proviso https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H IL L -W E L F ARE l a w s . 21 is added forbade the employment o f any child under 14 on the stage and provided that children 14 to 16 years o f age must have regular employment certificates for all work in theaters and must not be employed in such work between 6 p. m. and 7 a. m. 1916 C 23 amending St 1915 s 331a.l. See also St 1915 ss 331a.2-331a.6. Louisiana.— The law fixing a maximum 10-hour day and 60-hour week for females and for persons under 18 employed in specified occupations, and prohibiting night work for boys under 16 and girls under 18, is amended by eliminating the former exemption of stores and mercantile establishments for 20 days before Christmas. The former exemption o f such establishments from these regulations on Saturdays is now limited to those employing more than five persons. 1916 A 177 amending W It L Supp 1904-1908 v 3 p 414 (1908 A 301 ss 4, 5 ). Louisiana rewords and strengthens the law forbidding women and minors to serve in saloons and other specified places where liquors are sold. 1916 A 220 amending W It L Supp 1904-1908 v 3 p 872 (1908 A 176 s 5 ). Maine.— The law passed by the legislature of 1915 limiting hours of work in specified occupations for all females and for boys under 16 years of age to 9 hours per day, with exceptions, and 54 hours per week, and prohibiting in the same occupations work o f minors under 16 between 6 p. m. and 6.30 a. m., is adopted by.referendum vote. Referendum o f Sept 11, 1916 adopting 1915 C 350. Maryland.— An amendment to the child-labor law adds to occu pations prohibited under 14 years of age work in mercantile estab lishments, stores, offices, boarding houses, places o f amusement, clubs, and in the distribution or sale of merchandise. The minimum age for employment in these occupations was formerly 12, but another section of the child-labor law, still, in effect, prohibited any employ ment under 14 during school hours unless child had fulfilled the legal requirements concerning school attendance. The minimum age in canning and packing establishments is left at 12 years. The new law adds to the occupations and processes prohibited under 16 years of age operating crosscut saws, or “ any, machine operated by power other than foot br hand power,” and work in any establishment where “ tobacco or tobacco products are prepared, manufactured, assorted, or packed” [instead o f “ in assorting, manufacturing, or packing tobacco,” as formerly], and work in a theater or motionpicture establishment by omitting the former provision authorizing the chief of the bureau o f statistics and information to issue to chil dren under 16 years of age, at his discretion, permits for employ ment in connection with theatrical exhibitions. The age below which https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 22 C H I L D -W E L F A R E LAW S. females may not be employed at occupations requiring constant standing is lowered from 18 to 16 years. The law permits the issuing of employment certificates by county issuing officials only in the county where the child resides, not, as formerly, also in the county where the child is employed; and it adds to the papers which the child must present before an employ ment certificate may be issued to him an employment ticket signed by the prospective employer stating the occupation, industry, and place in which child will work. The latter requirement was implied in the former law but was not specifically mentioned. Formerly there were no educational requirements for obtaining a vacation cer tificate; the new law specifies that the child must be able to read and write English. The provision as to posting of hours is made more explicit but affects only establishments employing children under 16 instead of 18, as formerly. The requirement that lists o f children o f specified ages shall be posted is omitted. The minimum age for newsboys in cities o f 20,000 or over is raised from 10 to 12, except for boys over 10 already licensed, and a special badge and permit may be issued to boys over 10 for delivering papers on a regular route between 3.30 and 5 p. m. Formerly there was no restriction upon the age of boys serving routes outside of school hours. Street-trades permits and badges must be renewed one year from date of issuance instead of annually on January 1. Certain minor changes are made in the office procedure to be fol lowed by certificate-issuing officials. The hours o f work of all children under 16 in all occupations for which the minimum age is 141 are limited to 8 hours per day, 6 days per week, and 48 hours per week, and work in these occupations be tween 7 p. m. and 7 a. m. is prohibited. Formerly there was no regu lation o f hours o f labor specifically applying to children under 16, except a 10-hour day in stores and mercantile businesses in Balti more and in factories throughout the State, and a prohibition of night work from 8 p. m. to 8 a. m. for messengers under 16. [For 10-hour day for females in specified establishments and for all boys under 21 and females in certain factories, see A C 1911 v 3 (1914) art 100 ss 1-3, 51, 53-55.] 1916 C 222 amending A C 1911 v 3 (1914) art 100 ss 4, 5, 7-9, 11-16, 23, 25, 26, 28, 20-31, 37, 39-43, 46, 48, and adding s 22A to same article. Compare A C 1911 v 1 (1911) art 23 s 375; and A C 1911 v 3 (1914) art 27 s 239. The provisions concerning the evidence o f age required for em ployment certificates are amended. The law now provides that only a birth certificate, passport, or baptismal record will be ac1 Including, among other establishments and occupations, factories, workshops, me chanical and mercantile establishments, and messenger service, but not canning and packing establishments. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 23 •V f eepted as documentary evidence, whereas formerly other documen tary evidence was admitted. In case the specified evidence is not available the law now permits the issuance of a temporary permit, good for 10 days, pending inquiry by issuing officer as to available evidence and the acceptance of a physician’s certificate of age. Formerly a child who was unable to present satisfactory documents could not secure any permit until after he had waited 10 days for a physician’s certificate of age. * 1916 C 701 amending A C 1911 v 3 (1914) art 100 s 13. A State board of labor and statistics (three commissioners ap pointed by the governor) is created and is given all the duties and powers of the former bureau of statistics and information and of the former inspectors of female labor, both abolished by the same act. The board’s duties include the administration and the en forcement of the child-labor law and of the law limiting the hours of work o f women, but county school superintendents or their depu ties retain the right to issue employment certificates outside of Baltimore city. One commissioner is designated by the governor as chairman of the board and receives a salary of $2,500 5 the other two receive $500 each. The board is authorized to appoint deputies, inspectors, assistants, and employees subject to the approval o f the governor. 1916 C 406 amending A C 1911 v 2 (1911) art 89 ss 1, 2, adding ss 2A and 11-15 to same article, and repealing A C 1911 v 3 (1914) art 100 s 53; 1916 O 407 amending A C 1911 v 3 (1914) art 27 .s 240. The 10-hour law for females employed in specified occupations is amended by omitting the former special provisions concerning sea sonal industries in Allegany County, and by adding a new exemption permitting women employed in retail mercantile establishments out side of Baltimore city to work 12 hours on Saturdays and on Christmas Eve and the five preceding working days, provided that on each o f those days they have at least two rest intervals of one hour each and provided they do not work more than 9 hours a day during the remainder o f the year. This act affects only females 16 years of age and over, as girls under 16 are covered by the provisions of 1916 C 222 [summarized on page 21]. 1916 C 147 repealing and reenacting A C 1911 v 3 (1914) art 100 s 51. Massachusetts.—Provision is made for the issuance of summer va cation employment certificates to children between 14 and 16, sub ject to the regulations of child labor and to all the requirements for general employment certificates except completion o f the fourth grade, which is the educational qualification required for general employment certificates. 1916 C 66 amending 1909 C 514 s 59 as amended by 1913 C 779 s 17 and 1914 O 580. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 24 CHILE-WELFARE LAWS. Special employment certificates are to be issued, by the local super intendents o f schools to children between 14 and 16 years o f age who are attending cooperative courses. These are defined as courses ap proved by the board o f education and conducted in public schools, in which technical or related instruction is given in conjunction with practical experience by employment in a cooperating factory, or manufacturing, mechanical, or mercantile establishment, or work shop. [Contents of certificates are not specified.] Further, pupils in cooperative courses are exempted from the provision requiring a certificate of literacy or attendance at evening school for employment o f minors between 16 and 21 years o f age. 1916 C 95 amending 1909 C 514 s 17 as amended by 1912 C 191 : s 57 as amended by 1913 C 779 s 15 ; and s 66 as amended by 1913 O 779 s 23. Massachusetts amends the law fixing a maximum 10-hour day and 54-hour week for women and children under 18 in manufacturing, mechanical, mercantile, and other specified establishments, with cer tain exceptions and exempting manufacturing establishments where employment is by seasons, by providing that the State board o f labor and industries shall determine what employments are seasonal. 1916 C 222 amending 1909 C 514 s 48 as amended by 1915 C 57. It is provided that in cities [o f 50,000 or less population] all children under 16, instead of only those under 14 as heretofore, are to be under the jurisdiction o f the school committee with respect to obtaining permits for boot blacking, newspaper selling, and other specified street trades. A special street-trades law applying to cities of over 50,000 population had, before 1916, placed with school officials the licensing of street traders under 16 years of age in such cities. [Cities having over 50,000 population by the Federal census of 1910: Boston, Brockton, Cambridge, Fall River, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Somerville, Springfield, Worcester.] 1916 C 242 s 4 amending R L 1902 C 65 s 17 as amended by 1910 C 419 • 1916 C 242 s 5 amending R L 1902 C 65 s 18. F or street-trades law applying to cities o f over 50,000, see 1913 C 831 ss 11-15, 19, 22-25. ‘ An act providing for special one-day licenses for street selling and soliciting on behalf o f a charitable organization states that no person under 16 shall serve as the accredited agent o f such organization. 1916 C 188. The act establishing a minimum-wage commission is amended to provide that one o f the three members shall be an employer of female labor and that one member may be a representative o f labor. The only former provision as to the personnel of the commission, that one member may be a woman, is retained. 1916 C 303 amending 1912 C 706 s 1. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ÔHÏLD-WELFARE LAWS, 25 The State board of labor and industries is directed to investigate hours and conditions of labor in hotels and restaurants and to re port in January, 1917, upon the advisability o f legislation providing for one day’s rest in seven for hotel and restaurant employees. These are specifically exempt from the existing law requiring one day’s rest in seven for employees, with certain exceptions, in manu facturing and mercantile establishments. 1916 Resolves C 74. Compare 1913 C 619. The special commission on social insurance1 [appointed by 1916 Resolves C 157] is directed to study and report on hours of labor in continuous industries and to present drafts o f such laws as it may deem expedient to recommend. 1916 Resolves C 164. Mississippi.— The 10-hour law applying to all persons employed in manufacturing or repairing establishments is amended by permitting 30 minutes (instead of 20 minutes) overtime the first five days of the week, provided such overtime is deducted from the working hours on Saturday. The law as amended provides further that persons working only at night may work 11| hours each night from Mon day to Friday and 3f hours on Saturday night and specifically ex empts employees of railroads or public-service corporations. This law does not apply to all minors employed in manufacturing or repairing establishments, since other acts further regulate hours of boys and girls under specified ages in certain occupations. 1916 C 239 amending 1912 C 157 s 1 as amended by 1914 C 169. C 99 as amended by 1912 C 165 and 1914 C 163, 164, 165. See 1908 New Jersey.— Provision is made for the issuance of special em ployment certificates by the commissioner o f education and the com missioner of labor-for pupils above the age of 14 years attending vocational schools and working part time in factories, workshops, mills, and all places where the manufacture of goods is carried on, designated by the board of education. [Contents o f certificates are not specified.] A proviso, the significance o f which is not clear, states that “ nothing in this act shall be construed to permit children to be employed for more than eight hours in any one day or more than six days in any week and in accordance with the provisions of chap ter 252, P. L. 1914.” The earlier act referred to contains the ^pro visions fixing a minimum age of 14 and maximum hours of eight per day in factories and a minimum age of 16 in certain dangerous occu pations, and requiring employment certificates. 1916 C 242 supplementing C S 1910 v 3 (L ab or) ss 16—25 p 3023 as amended by 1914 C 60, 236, 252. Compare 1913 C 294. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 26 CHILD-WELFARE LAWS. The department o f labor (whose duties include the enforcement of the child-labor law) is reorganized with eight bureaus, including a bureau of inspection and a bureau of hygiene and sanitation. 1916 C 40 and 54. Compare C S 1910 v 3 (L ab or) s 60 p 3034 as amended by 1912 C 117, C S 1910 v 3 (L ab or) s 61 p 3035, and 1914 C 236 s 3 for provisions concerning form er organization o f the department w ith reference to enforcement o f the child-labor law. New Y ork.—The employment-certificate provisions of the childlabor law are amended, amendments to take effect February 1, 1917. A child who is 14 years o f age but under 15 may not receive an em ployment certificate unless he has completed the course o f the public elementary schools or its equivalent. Children 15 but under 16 may receive certificates if they have completed only the sixth grade as formerly required for children o f both 14 and 15. The former specific permission to accept a certificate o f graduation as evidence of age is omitted. The officer issuing certificate upon documentary evidence of age other than birth certificate, graduation certificate, passport, or baptismal certificate was formerly instructed to file with the local board of health for its approval a signed statement showing the facts “ together with such affidavits or papers as may have been produced before him constituting evidence ” ; the words “ affidavits or ” are now omitted. Formerly the evidence had to be approved by the board of health at a regular meeting; now the commissioner of health, or, if officially authorized, the issuing officer himself may approve the evidence, a record of which must be entered on the minutes of the next meeting o f the board. As before, in first-class cities [New York City, Buffalo, and Rochester], if no satisfactory documentary evidence o f age can be produced, a physician’s certificate as to age may be accepted as evidence, but the waiting period after an application for such a certificate is reduced from 90 to 60 days. The literacy require ment which the issuing officer must state that the child has satisfied is changed from “ to read and legibly w rite” simple English sen tences to “ to read and write correctly ” simple English sentences. 1916 C 465 s 1 amending C L 1909 (L ab or) C 31 s 71 as amended by 1912 O 333; 1916 C 465 s 2 amending O L 1909 (L abor) C 31 s 163 as amended by 1913 C 144. See also C L 1909 (L ab or) O 31 ss 73, 165, both as amended by 1913 C 144. New York provides that posing in connection with making of a motion-picture film is prohibited to a child under 16 unless a special permit is secured from mayor of city or president o f board of trustees of village. Formerly this provision for permit applied only to chil dren under 16 employed in theatrical exhibitions or as musicians in concerts. The application for permit for a child to be employed in making o f a motion-picture film must be accompanied by detailed statement o f just what the child is to be required to do. 1916 C 278 amending C L 1909 (P en al) C 40 s 485. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E 27 LAW S. Rhode Island.— It is provided that a child’s employment certificate shall be kept on file at the issuing office until that office receives a written statement from the employer agreeing to employ the child lawfully and to return the certificate to the issuing office within five days after termination o f employment. The certificate shall be then delivered to the employer and in no case to the child. Formerly the certificate was delivered to the child upon issuance, and, if he so demanded," given back to him by the employer upon termination o f employment. The compensation for each o f the two physicians appointed to examine applicants for certificates in Providence is increased from $750 to $1,200 per annum. 1916 C 1358 and 1378 both amending G L 1909 C 78 s 1 as amended by 1915 O 1253. South Carolina.—The minimum age for employment in a factory, "mine, or textile establishment is raised from 12 to 14 years. [The section o f the former act which required work permits for children under 14 is not changed, and the amended act includes no provision for work permits for children 14 and over.] 1916 No 361 amending 1912 Criminal Code C 16 s 422. Code C 16 s 426. See also 1912 Criminal The law fixing maximum hours o f not more than 11 per day and 60 per week for -work in cotton and woolen manufacturing establish ments, except for certain employees [mechanics, engineers, firemen, watchmen, teamsters, yard employees, or members o f clerical force], is amended by placing restrictions upon the making up o f lost time and by adding a new provision for posting regular hours and special hours to be worked under exemption clauses. 1916 No 547 amending Criminal Code 1912 C 16 s 421. South Carolina limits to 10 hours per day the work of any em ployee [whether minor or adult] of an interurban railway operating 40 miles or less, and permits exemption in case of accident or un avoidable delay. 1916 No 544. Virginia.—Among the amendments to the law regulating employ ment agencies is the provision that any bureau or agency which knowingly sends any female to any place of bad repute shall be deemed guilty of a felony, punishable by fine of from $100 to $1,000, or imprisonment o f from 1 to 10 years, or both fine and imprison ment. [Compare with other provisions according to which any person over 18 years o f age who sends or causes to be sent any child under 18 to any house of prostitution is guilty of a misdemeanor and subject to fine of not more than $500, or imprisonment not exceed ing one year, or both.] 1916 C 168 am ending 1910 C 155. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Com pare 1914 C 350. 28 C H I L D -W E L F A B E LAW S. For provisions making unnecessary the law prohibiting employ ment o f a minor in a saloon [1910 C 190], see new law prohibiting sale o f liquor [1916 0 146, summarized on page 14]. COMPENSATION FOR INJURED MINOR. United States.— Congress, in the workmen’s) compensation act applying to Federal employees, enacted in 1916, provides [s 6] that “ in the case of persons who at the time of the injury were minors * * * and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity.” 39 Stat L C 458 p 742 (A ct o f Sept 7, 1916). Kentucky.— A workmen’s compensation law is passed which in cludes the following provisions: A minor, unless employed in willful violation of a State law regulating employment of minors, shall be deemed sui juris for purposes of the act, and no other person shall have cause o f action by reason o f the employee’s minority, but in the event o f the award of lump-sum compensation to such minor payment shall be made to his guardian. In case of a minor employed in willful and known violation of a State law, his statutory guardian or personal representative may claim compensation under terms of the act or may sue to recover damages as if the act had not been passed. 1916 C 33 ss 11, 30. New York.—In the revision of the workmen’s compensation law it is provided [s 2 o f amended act] that a minor employee shall be deemed sui juris for the purposes of election as to accepting provi sions o f the act. , 1916 C 622 amending 1913 O 816 as reenacted by 1914 G 41. Porto Rico.—A workmen’s compensation law is passed which spe cifically provides [s 32] that a child or a woman who is employed is on the same footing as a man in regard to the provisions of the act. 1916 No 19. SCHOOL ATTENDANCE. Georgia.— School attendance is required of all children between the ages of 8 and 14 years for four months each year, beginning with opening o f the first term, but exemptions are permitted under the following conditions: (1) I f child has completed the fourth grade; (2) if because of poverty his services are necessary for the support o f a parent or other member o f his family dependent on his services; https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 29 (3) if the parent is too poor to provide textbooks and clothing; (4) if child’s mental or physical condition renders attendance inex pedient; (5) if there is no school within 3 miles; or (6) if “ for other good reason (the sufficiency o f which shall be determined by the board o f education of county or city or town in which child resides) the said board excuses the child from such attendance.” School boards are specifically authorized to take into consideration the sea sons for agricultural labor and the need for such labor in authorizing the excuse of children in farming districts. A parent, guardian, or other person willfully failing to send child to school is guilty of misdemeanor and may be punished by fine not exceeding $10 for first offense and $20 for each subsequent offense. Punishment may be suspended by court if parent immediately places child in school. It is the duty o f the principal or teacher in charge to report monthly to .board o f education Having supervision of school on attendance of pupils, and the duty o f the county or municipal board of educa tion to investigate attendance and nonattendance and to institute proceedings for violations of act. No provision is made for at tendance officers. Heretofore Georgia had no compulsory schoolattendance law. 1916 No 576 p 101. K entucky.—In the revision and codification of the common-school law provision is made for a biennial school census instead of an annual one, as formerly. 1916 C 24 repealing and reenacting certain sections o f St 1915 O 113 (ss 4363-4535h). Compare 1916 C 24 ss 90, 94, 207 w ith St 1915 ss 4426a.5, 4432, 4449, 4523. See also St 1915 ss 2978a.35, 2978C.10. The title o f the chief truant officer in first-class cities [federal census of 1910, Louisville only] is changed to director of attendance, and the supervision of the school census in his city, under direction of board of education, is included in his duties. 1916 C 121 amending St 1915 s> 2978c.6. Louisiana.—A compulsory school-attendance law applying to the entire State except the parish o f Orleans is passed. The law for merly applying outside o f the parish o f Orleans affected only cities o f over 25,000 inhabitants. It required school attendance o f children between 8 and 14 years of age with exceptions. The new law re quires the attendance o f every child between 7 and 14 years of age, both inclusive, for a minimum of 140 days, or for the entire session if that is less than 140 days. Children must enter not later than two weeks after the beginning of the term. Children who in the j udgment o f the parish school board are within the following classi fications are exempted: (1) Children mentally or physically inca- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 30 C H I L D -W E L F A R E LAW S. pacitated; (2) those who have completed the elementary course; (3) those who live more than 2| miles from a school of suitable grade and for whom free transportation is not furnished by the school board; (4) those for whom adequate school facilities are not provided; and (5) those whose services are needed to support a widowed mother. The law specifies a penalty for the parent in case o f violation, but provides that nonattendance due to truancy o f child instead o f to neglect of parent shall be considered delinquency, and that in such cases the child shall be brought before the juvenile court. The new law, like the old, contains no provision for enforcement or for appointment o f attendance officers. The compulsory schoolattendance law for the parish o f Orleans, which is not affected by the legislation o f 1916, applies with certain exemptions to chil dren 8 to 14 years o f age, inclusive, and to those from 14 to 16 who are not regularly and lawfully emploj^ed at least six hours daily. # It provides for the appointment o f attendance officers and has no poverty exemption clause. 1916 A 27 repealing 1914 A 91. See also 1910 A 222 as amended by 1912 A 232. Maryland.— The laws relating to public education are amended and codified. The following amendments and additions are in cluded : The State board of education shall prescribe, with advice of the State superintendent of schools, the rules and regulations for taking a biennial school »census of all children 6 to 18 years of age, inclusive. This census shall be taken under the direction o f county boards of education and county superintendents. The only former school-census provision, requiring in Baltimore city an annual census of all children 6 to 18 years of age, inclusive, is not changed by the new law. The State superintendent o f schools may cause the census o f Baltimore city or of any county to be retaken if he believes it has not been correctly taken. A t least one attendance officer shall be appointed in each county by the county board o f education on nomination of the county superin tendent and subject to the written approval of the State superin tendent. The law formerly permitted but did not require the ap pointment o f attendance officers except in Baltimore city. The Bal timore provisions are not changed by the 1916 law. Elementary schools for white children shall be kept open for not less than 180 school days, and,#if possible, for 10 months each year. The law formerly required “ for 10 months each year if possible.” The minimum annual term for colored elementary schools is fused at 140 school days, or 7 months. There was form erly no minimum term fo r colored schools. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 31 The school-attendance requirements outside of Baltimore city are amended. It is now provided that every child “ being 7 years of age and under 13 years of age ” shall attend school the entire session. Every child 13 or 14 years of age shall attend at least 100 days, be ginning not later than November 1, and if such child is not regularly and lawfully employed at home or elsewhere he (or she) shall attend school the entire session. Every child 15 or 16 years o f age is subject to the same provisions as those applying to children 13 or 14, except that a child 15 or 16 who has completed the work o f the elementary school is exempt. None o f these provisions apply to children whose mental or physical condition renders school attendance inexpedient. Any person having a child under his control who fails to comply with these provisions shall be guilty o f a misdemeanor and fined not more than $5. The former school-attendance provisions out side o f Baltimore city, which were less comprehensive and from which six counties were specifically exempted, applied only to noun ties where the board of county school commissioners had adopted them and had appointed an attendance officer. On April 1,1916, the old provisions were in force in nine counties. 1916 C 506 amending A C 1911 v 2 (1911) art 77 and A 0 1911 v 3 (1914) art 77 ; amended sections include ss 43, 73, 75, 131, 153A (n ow 162), 156; cer tain sections including ss 12F, 21B, 25M are added. Compare A C 1911 v 3 (1914) art 77 ^s 153, 159. Massachusetts.—Provisions concerning the school census are amended to make the attendance officers responsible for its accuracy and completeness. Private schools are required to report registra tions to the city or town superintendent o f schools. A definite method for using school census in enforcing compulsory school attendance is prescribed. The school committees’ reports to the commissioner of education shall state the number of minors o f specified ages as of the 1st day o f April instead of the 1st day of September. 1916 C 102 amending R L 1902 C 43 ss 3, 4, both as amended by 1914 C 443. Married women are exempted from the provision requiring all illit erate minors 16 to 21 years of age to attend evening or other school. 1916 C 82 amending 1913 C 467 s 1. Mississippi.— A special commission is to be appointed to study school laws of other States and other countries and to compile a com plete code o f school laws to be submitted to the Mississippi Legisla ture in January, 1918. [The Mississippi laws include no provisions for school census or for compulsory school attendance.] 1916 C 603. 81573°— 17----- 0 ■ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 32 C H I L D -W E L F A R E LAW S. DEFECTIVE, DELINQUENT, AND DEPENDENT CHILDREN. CONTRIBUTORY DELINQUENCY, DEPENDENCY, OR NEGLECT. See also Desertion o f minor child, p. 12; Juvenile courts, Maryland, p. 36, and Massachusetts, p. 38; and Juvenile delinquents, Mississippi, p. 41. Louisiana.— Contributory delinquency, dependency, or neglect on the part of parent, guardian, or other person having custody or con trol of a child under 17 is defined, and it is provided that any person coming under that definition shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000, or by im prisonment for not more than one year, or both. [According to the State constitution, art. 118, the juvenile court, parish of Orleans, and district courts outside of said parish, sitting as juvenile courts, have jurisdiction over “ all persons charged with contributing to the neglect or delinquency of children under 17 years of age.” This article contains, however, no special definition of contributory neglect, etc., and provides no penalty therefor.] 1916 A 139. Maryland.— The procedure to be followed in case of a parent, guardian, or other person having custody, control, or supervision of a child defined by law as “ a minor without proper care or guardian ship ” is specified, and it is expressly provided that the act shall be liberally construed in favor of the State for the protection o f a child not only from neglect on the part of the parents or guardians but “ from the effects of the improper conduct or acts o f any person wThich may cause, encourage, or contribute to dependency, neglect, or delinquency of such child, or to the conditions which render it a minor without proper care or guardianship, although such person is in no way related to such child.” Jurisdiction is given to circuit courts in counties; in Baltimore city the preliminary hearing at which all persons named in the petition are present [apparently including the minor] is to be before the magistrate for juvenile causes, and this magistrate has concurrent jurisdiction with the criminal court of Baltimore city if the accused waives his right to trial by jnry. The court is given wide discretion in dealing with cases of contributory delinquency, etc.; it may place the adult on probation, or impose a fine not exceeding $500, or sentence to imprisonment in house of cor rection for not exceeding two years, or impose both fine and impris onment. This act shall not prevent proceedings under any other statute which is applicable, and gives the court authority to direct the State’s attorney to prosecute under criminal laws. State-wide provisions earlier than 1916 specifically concerned with adult’s contributory delinquency? dependency, or neglect related only https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E 33 LAW S. to father’s desertion of wife and minor child and to parent’s aban donment o f child under 3 years of age. Contributory delinquency, dependency, or neglect was previously defined and declared a misde meanor in certain local juvenile-court laws, and is so declared and defined in the new juvenile-court act, State wide except for Balti more city [summarized on page 36]. 1916 C 674. See A C 1911 v 3 (1914) art 27 ss 75-78. see 1914 C 171, 367, 701. Compare also 1916 C 326. For certain local laws D E A F , D U M B , A N D B L IN D . K entucky.— The name o f the Kentucky Institution for Education c f the Blind is changed to the Kentucky School for the Blind. 1916 C 84. See St 1915 ss 299-311. Louisiana.— The State schools for the deaf and dumb and for the blind which were formerly under separate special boards are placed under the control of the State board of education. 1916 A 237. Compare W R L 1904 v 1 p 576 (1898 A 145) as amended by W R L Supp 1904-1908 v 3 p 201 (1908 A 238 s 1) ; and W R L 1904 v 1 p 579 (1898 A 166) as amended by W R L Supp 1904-1908 v 3 p 202 (1908 A 239 s i ) . The governor is authorized to appoint a nonsalaried commission of five residents of the State to consider the advisability of establishing an institution for the care and training o f colored deaf, dumb, and blind persons. I f commission recommends establishment of institu tion, its report shall include details as to location, cost, and working plans. 1916 A 72. Massachusetts.— Provision is made for the interchange o f informa tion concerning needy blind persons between the Massachusetts Com mission for the Blind and the State board of charity, and the city and town overseers of the poor throughout the State. The former pro vision requiring the bureau of statistics to report to the commission all blind persons found in the decennial census is retained. Further, the law now authorizes the commission to keep a register, not only o f blind persons, as formerly, but o f persons who have seriously de fective sight, and to take measures, in cooperation with other authori ties, for the prevention of blindness and for the education and voca tional guidance of persons having defective sight. 1916 C 160 amending 1906 C 385 s 2 and adding s 2A to same chapter. also 1907 O 173 and compare 1916 Resolves C 75. See The commission on economy and efficiency is directed to investigate the advisability of providing pensions for needy blind and to report to the legislature in January, 1917. 1916 Resolves C 139. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Compare 1906 C 385 s 6. 34 C H I L D -W E L F A R E LAW S. New Jersey.—The commission for ameliorating the condition of the blind is authorized to make inquiries concerning the causes of blindness, to learn what proportion o f the causes o f blindness are preventable, and to cooperate with the State board o f health and other officials in adopting and enforcing preventive measures. For merly the commission had power only to report and recommend methods of preventing blindness. 1916 C 22 amending C S 1910 v 2 (Deaf-mutes, Blind, and Feeble-minded) ss 41-43 p 1903 as amended by 1911 0 82. The commission for ameliorating the condition of the blind is au thorized to lend State money to provide capital and tools for blind persons who wish to earn a living by any form o f business or pro ductive activity. 1916 C 17. - A former act appropriating a specified pen capita sum for the care and instruction of certain dependents, including blind persons, in in stitutions is amended to include the provision that blind babies and young children too frail or backward to enter institutions for the blind shall have necessary hospital care, and the per capita allowance for these children is fixed at $450 instead of -$300. 1916 C 134 amending O S 1910 v 2 (Deaf-mutes, Blind, and Feeble-minded) s 1 p 1896 as amended by 1915 O 297. D E P E N D E N T C H IL D R E N . See also Juvenile courts, pp. 35 to 40 ; Juvenile delinquents, Mississippi, p. 41 ; M others’ pensions, pp. 51 to 52; and Miscellaneous provisions affecting defec tive, delinquent, and dependent children, pp. 52 to 53. Mississippi.— The board of supervisors [of each county] is author ized to commit dependent children to any orphan asylum in the State or to any organization in the State caring for dependent children, and to appropriate from the county funds not more than $100 to pay the expenses of placing a child. The law also retains the pro vision authorizing the board to bind out poor children, which was formerly the only method of handling such cases. The board of supervisors has power to change the commitment of any child, and also, as formerly, to revoke articles of apprenticeship. The law now requires that every master of apprentices to whom a child has been bound out and every asylum or organization to which a child has been committed shall report annually to the board concerning the welfare of each child. The age above which healthy children may not remain at a poorhouse is reduced from 10 to 7. 1916 C 227 amending Code 1906 ss 3582, 3584—3586. New Y ork.—The administration of county charities and correc tions in Westchester County is reorganized and provision is made for https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHILD-WELFARE LAWS. 35 a department o f child welfare, with a director whose duties shall be prescribed by the county commissioner of charities (an office created by this act) and the county board of supervisors. 1916 C 242. See C L 1909 (P oor) C 42 art 2, 3, 4 (especially ss 5, 6 , 140), 5 ; Code o f Criminal Procedure s 910; C L 1909 (State Charities) C 55 s 450; 1911 C 843. The law permitting the county board of supervisors to abolish or revive the distinction between town and county poor is amended by a provision specifying that such action may be taken for persons over 16 years o f age only or for persons 16 years and under only, or for all persons. Formerly in abolishing or reviving the distinction between town and county poor no difference in the treatment of the two age groups was permitted. 1916 C 379 amending C L 1909 (P oor) C 42 s 138. Virginia.— The former provisions requiring maternity hospitals and persons receiving or boarding children to obtain licenses issued by the local boards of health on the recommendation of the State board o f charities and corrections are extended to include persons receiving children under 17 years of age, instead of only those under 5 years as formerly. 1916 C 436 amending 1912 C 43. J U V E N I L E COURTS. See also Juvenile delinquents, pp. 40 to 43. D istrict o f Columbia.— Congress provides that no judgment of conviction against any child which is of record in the Juvenile Court of the District of Columbia shall operate as a disqualification for civil life. 39 Stat L C 92 p 56 (A ct o f Apr 27, 1916). Georgia.— Provisions for court procedure in juvenile cases (chil dren under 16) are extended to cover the entire State. The juvenilecourt law, passed in 1915, applied formerly only to counties having a population of 60,000 or more [Federal census of 1910, Chatham and Fulton Counties]. The law now provides that in all other counties the judge o f the superior court shall designate an existing court o f record to act as a juvenile court, and that in counties hav ing a population o f between 35,000 and 60,000 [Federal census o f 1910: Bibb, Floyd, Laurens, Muscogee, Richmond Counties], upon recommendation of two successive grand juries, he shall appoint a special judge, “ whereupon it shall be considered that a special juvenile court has been established in said county.” A ll provi sions o f the act of 1915 concerning authority, procedure, probation officers, and detention are to apply in every county whether the court be designated or special. The new law, however, amends https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 36 CHILD-WELFARE LAWS. the provisions regarding the court’s disposition o f a child by elimi nating the permission to commit to any institution that may care for children within or without the State and substituting specific permission to commit to the Georgia State Reformatory, to the Georgia Training School for Girls, or to any other State institu tion already existing or hereafter to be established for the correction, reformation, or protection of children. Outside o f the two counties having juvenile courts there was formerly no special procedure in regard to delinquent minors, but certain provisions (not juvenile-court laws) permitted commitment o f destitute, abandoned, and neglected children by the ordinary of the county; by the mayor, recorder, or other magistrate; or by the judge o f the superior court or o f a court o f record. 1916 No 575 p 58 amending 1915 No 210 p 35. ss 2849, 2850, 2862. Compare Code 1914 (C ivil) Louisiana.— Provisions concerning procedure in juvenile cases are made State wide in their application. These formerly applied only to parishes containing an incorporated town of more than 7,000 population, unless the governor issued a proclamation extending them to a parish not in this classification, after receiving an appli cation from the police jury of such parish. [Federal census o f 1910: Fifty-three parishes without incorporated town or city o f more than 7,000; 7 parishes with such town— Caddo, Calcasieu, East Baton Rouge, Iberia, Orleans, Ouachita, Rapides.] 1916 A 13, adopted by popular vote Nov 7, 1916, repealing s -5 o f art 118 o f State constitution. Maryland.—Provision is made for the organization of a “ circuit court sitting in juvenile causes,” with a specially designated judge, in each county o f the State outside of Baltimore city. A special magistrate sitting in juvenile causes had been previously provided for Baltimore city, and the new law, State wide except for Baltimore city, follows closely the provisions of local laws passed in 1914 for Baltimore County and Harford County. It is not required that such a “ circuit court sitting in juvenile causes ” shall be organized, but the judges o f each judicial circuit shall decide for the counties within their circuit. When such a court is organized it has juris diction exclusive o f justices of the peace in all cases o f trial or com mitment to any juvenile institution o f any dependent, delinquent, or neglected boy under 20 or girl under 18 years o f age and plenary jurisdiction to hear and determine all cases o f such children and to provide for their control and maintenance until they are 21 years of age. The definition o f children subject to provisions o f the act in cludes a child “ who is feeble-minded or otherwise mentally deficient.” The former procedure in regard to minors now brought under the jurisdiction o f this act is changed by expressly giving to any resident https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHILD-WELFARE LAWS. 37 o f the county or any agent o f a society incorporated for the care of children the right o f petition to initiate proceedings in cases of delinquent, dependent, or neglected children. Hearings and trials are to be conducted without regard to technicalities of procedure. No justice of the peace in any county in which a circuit court sit ting in juvenile causes has been organized shall commit to jail any child under 14 years of age; such children if unable to give bail shall be committed, pending trial by the juvenile court, to the care o f a probation officer or to the custody o f some society or institution organized for the care o f children. A circuit court sitting in juvenile causes is required to keep separate records o f juvenile cases, and to appoint one or more probation officers, either men or women, except that two adjacent counties may with the consent of the judges of their circuit or circuits arrange for a joint probation officer to serve both counties. The duties o f proba tion officers specifically include taking charge o f children before or after trial as the court may direct. A minor charged by petition with a criminal offense may pray jury trial, but pending information, indictment, or trial by criminal pro cedure the juvenile court retains its powers over his person. A circuit court sitting in juvenile causes has authority to leave at his home on probation any child whom it deems dependent, delin quent, or neglected, or to place him under custody of some agency or in an institution, State or otherwise, and to change its disposition of the child at its own discretion. The agency or institution to which a child is cqmmitted has the right to place him in a family home and in this case must visit him at least once in three months and report to the court. The court may require the parent or other person legally charged with the support of any dependent, neglected, or de linquent child to pay, in full or in part, the cost o f maintaining the child and may assess against him the cost o f proceedings. The cost o f proceedings may not be assessed against the petitioner unless the court is satisfied that the case was instituted through prejudice or without reasonable grounds. Costs, except as thus specifically pro vided, are to be met by the county commissioners. Any person willfully contributing to delinquency or dependency o f a child or willfully neglecting a child for whose care or support he or she is responsible is guilty of a misdemeanor and “ shall be fined or imprisoned, or both.” [But compare 1916 C 674, summarized on page 32.] The act expressly states that it confers additional powers and jurisdiction on the circuit courts and is not a substitute for other powers possessed by these courts under existing general or local laws. It repeals all laws or parts of laws in conflict with its provisions to the extent of the conflict but no further. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 33 C H I L D -W E L F A R E LAW S. Power to commit to various institutions for delinquent minors was formerly lodged with circuit courts and with justices o f the peace, except in certain counties where it was otherwise ordered in local laws. Under the new act justices o f the peace retain their jurisdic tion in counties for which no juvenile court is organized, and in these counties the forms o f commitment by justices o f the peace are not to be affected. A former provision for commitment of minors who are without proper guardianship (including definitions corresponding to present definitions of dependent and neglected children) gave jurisdiction to circuit courts and to justices o f the peace concurrently, except in certain counties where it was otherwise ordered in local laws. 1916 C 326. See A C 1911 v 3 (1914) art 27 ss 343, 345, 414, 415, 418, 476, 477, 513-520, 540-550, 568-570, 589-591, 593-595, 602, 611-613, 616-622. Also A C 1911 v 1 (1911) art 42 ss 18-20. Compare 1916 C 674. F or local laws, B alti more County and H arford County, see 1914 C 171, 367. Massachusetts.— Certain provisions concerning the trial and com mitment o f delinquent children, which are State wide in their appli cation except as they have been specifically superseded by the Boston juvenile-court law, are amended. Juvenile cases must now be heard in rooms not used for criminal trials, and unless a separate juvenilecourt room is provided, hearings shall, so far as possible, be in cham bers. The court has power to exclude all persons who have no direct interest in the case. The former provisions applying outside of Boston stated only that the juvenile session should be separate from the sessions for criminal trials, and should so far as practicable be held in a room not used for such trials; private hearings were not pro vided for. The State-wide provisions concerning juvenile cases appealed to superior court are amended to require a juvenile session o f the superior court with a separate trial list and docket. No decision shall be rendered in such cases until the superior court is supplied with report o f any investigation made by a probation officer o f the lower court. In the case of delinquent boys under 15 and girls under 17 the court is to commit to the Lyman School for Boys or the State Indus trial School for Girls, not, as formerly, until 21, but until discharged by the trustees, and in no case for a longer period than until the child attains the age of 21 years. [This change in the juvenile-court law apparently corresponds to an earlier statute providing that the board of trustees o f industrial schools “ may grant an honorable dis charge to any person in their custody who, in its opinion, for meri torious conduct is worthy and deserving o f such a discharge, and whom the trustees believe to be permanently reformed.” ] https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E 39 LAW S. The definition o f contributory delinquency on the part of an adult is strengthened. The court, however, is now given authority to re lease adult on probation or to suspend sentence. In Boston the juvenile court is to have concurrent jurisdiction with the municipal court in complaints against adults under this section. 1916 C 243 amending 1906 O 413 ss 5, 6, 8, 13. C 113. Compare 1906 C 489; 1915 New Jersey.— Provisions regarding the use of court records of juvenile delinquents are amended. The former provisions concern ing the use o f such records in evidence are retained, except that where formerly the record might be offered as evidence in a subsequent criminal action in any juvenile court,.now this clause is omitted and provision is made t h a t r e c o r d may be used in evidence in any civil or criminal proceeding within two years after the dis charge * * * from any institution to which * * * defend ant may have been committed by juvenile courts.” The act further provides that the record of a juvenile delinquent shall be destroyed at the close o f his probationary period or at the expiration of two years after his discharge from an institution, unless in the meantime he is convicted of an offense. [This act amends section 2 of act, p 477, Acts of 1903, contained in C S 1910 v 2 (Criminal Procedure) s 207 p 1887, and both the amended and amending acts refer to records of the judge of the court o f common pleas sitting as a juve nile court. An intervening act (1912 C 353), creating a separate court to be known as a juvenile court in first-class counties (Federal census o f 1910: Essex, Hudson, and Passaic Counties), makes no provision as to the subsequent use of records as evidence in proceed ings, or as to the destruction o f records, and it is not clear whether or not the new law (1916 C 212) applies to these first-class counties.] 1916 C 212 amending C S 1910 v 2 (Crim inal Procedure) s 207 p 1887. also 1912 C 353, especially s 23. See New Y ork.— The law concerning the children’s court in Syracuse is amended by adding a specific provision that all trials in that court shall be held by the justice without jury. Provisions concerning jurisdiction o f the court and of the justice thereof are reworded. 1916 C 487 ss 1 and 3 amending 1910 C 676 ss 1, 2, 24, 30. Porto R ico.— Any juvenile-court judge may require the physicians employed in the sanitation service or in any insular penal institution to make, without charge, such physical or mental examinations of children brought before the court as he may deem necessary. The judge may also hear the report o f any other physician. The court may order commitment o f children to a public institution upon the occurrence o f a vacancy; formerly it had authority only to “ recom mend the commitment” to such institutions. The confinement of https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 40 C H I L D -W E L F A R E LAW S. neglected children in places where delinquent children are confined is permitted when u absolutely necessary ” ; formerly such confine ment was prohibited without exception. No delinquent children are to be confined in the boys’ or girls’ charity schools. 1916 No 10 amending 1915 No 37. J U V E N I L E D E L IN Q U E N T S . See also Juvenile courts, pp. 35 to 40, and Miscellaneous provisions affecting defective, delinquent, and dependent children, Maryland, p. 53. K entucky.—A separate house of reform for girls is provided, with a board o f managers to consist o f two men and three women ap pointed by the governor and-serving without compensation. This house o f reform will receive any girl between 10 and 18 years of age committed to it by a court, but no girl shall be so committed who has a contagious disease or is a paralytic or appears to be feeble-minded, epileptic, or insane. It is the duty of the court to have the girl examined by a physician before commitment. I f within six months after any girl is committed it develops that she has a contagious disease or is epileptic, insane, feeble-minded, or a para lytic, she may be returned to the county from which she was com mitted. Commitment shall be made for an indeterminate period, subject to parole at the discretion of the superintendent and board o f managers; and the board has authority to place a girl in a suit able home subject to supervision by an agent o f the institution. Certain earlier provisions applying to the house o f reform at Greendale, to which girls as well as boys were formerly committed, are by the present act made applicable to the new house of reform for girls. The juvenile-court law, in effect since 1908, contains special provision for caring for diseased children coming under its jurisdiction. 1916 C 85. Compare St 1915 ss 33le.8, 2095b. The office of court matron for police courts in first-class cities [Federal census of 1910, Louisville only] is created. The matron is to be appointed by the police judge at a salary o f $75 per month. She must have had experience and training in social work, and her duties include the investigation of histories, surroundings, character, and habits o f all women and girls brought before the court and the supervision o f those “ under suspended sentence until final disposi tion of charge.” [She will be concerned only with girls and women 18 years of age and over, since the juvenile court has jurisdiction over delinquent girls under 18 years o f age.] 1916 C 3 amending St 1915 C 89 (ss 2774-3716) by adding s 2928b. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis See also CHILD-WELFARE LAWS. 41 Maryland.— A curfew law is enacted to apply to incorporated towns of Kent County, forbidding the presence of any minor under 15 on the streets or in public places after 9 p. m. from October 1 to June 1, and after 10 p. m. during the other months, unless he is accompanied by an adult or is going to or from home or place o f employment in the course of his occupation. 1916 C 2. Massachusetts.—The State board o f charity is instructed to inves tigate whether it would be desirable for the Commonwealth to assume the control and care o f all juvenile offenders and to acquire the buildings and grounds of the Suffolk School for Boys [formerly used as truant school in Boston], The board is to report in Janu ary, 1917, with drafts of such legislation as it may recommend. 1916 Resolves C 46. Mississippi.— An act is passed providing for special court pro cedure in the case of any “ destitute, abandoned, or delinquent ” child under 18, and authorizing the establishment of a State school for such children. [This act applies, therefore, not only to “ delin quent ” but to “ neglected ” children, and is closely related in some respects to the acts classified under “ Juvenile courts.” The pro cedure, however, is optional, and the act is chiefly concerned with delinquents.] There was formerly no special procedure or institu tion for delinquent minors. A State industrial and training school is to be established, to which any child under 18 who is delinquent, destitute, or in evil environment may be committed. The school is to be governed by a board o f five trustees appointed by the gov ernor with advice of the senate, two for a term of two years and three for a term o f five years, who shall report biennially to the State legislature. Women are specifically eligible to appointment as mem bers o f the board. Court proceedings in cases concerning children under 18 years of age may be by petition to a chancery or circuit judge, any one o f whom has jurisdiction over any case from any county in his district with power to act in vacation as well as during term of court. Juve nile cases are to be given precedence over all others except habeas corpus proceedings. The parent or guardian named in the petition is summoned to appear with the child for a hearing, from which the public may be excluded; and the clerk may, at his discretion, direct an officer of the court to bring the child at once, in which case he may admit child to bail or arrange for his custody; in no case shall he place the child in jail pending trial. The clerk o f the court or the chief probation officer, if there be one, may arrange for detention rooms with any person or association, or the board o f county super visors may provide permanent detention rooms from county funds. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 42 C H I L D -W E L F A R E LAW S. The judge is given wide discretion in dealing with a child; he may commit to the State industrial and training school or to any other institution subject to inspection o f the court; he may release on parole or probation; or he may remand the case o f a delinquent child to the circuit court for investigation by the grand jury. In the last case the judge may commit the child to jail. Court costs are to be taxed against parent or guardian, and in case o f commitment to any person or to any institution other than the Mississippi Industrial and Training School a sum for maintenance may be required of parent or other person having custody o f the child at the discretion o f the judge. When a child under 18 is brought before any court for misde meanor or violation of law, the case may be transferred to the chan cery judge. Separate records shall be kept for all juvenile cases. A child sent tb the State industrial and training school may be released subject to approval o f the committing judge or paroled by the superintendent at any time; if committed after conviction for crime, however, commitment is for a definite period and child may be released or paroled only by order of the court. No child shall be kept at the school after the age of 21 years. Probation officers may be appointed at the discretion o f the chan cellor for any or all counties of his district, or by the municipal authorities for any municipality. Any adult, whether parent, guardian, or other person, responsi ble for or contributing to delinquency or neglect o f a child may be required by the court before which the child is brought to do or omit to do any acts which the judge considers, necessary for the wel fare o f the child, under penalty of punishment for contempt of court. Appeals from decisions of the court concerning custody o f child shall be in the manner provided in civil cases. 1916 C i l l . New Y ork.—Provision is made for the complete separation of minor prisoners from adult prisoners in county penitentaries. 1916 C 394 amending C L 1909 (P rison ) C 43 by adding s 325. South Carolina.—A ll matters relating to the management o f the South Carolina Industrial School [for white boys] are placed under the exclusive supervision and control of its board of trustees; and the dismissal from the institution of boys under the age o f 21 now may be granted only by board o f trustees upon recommendation of super intendent o f the school. Dismissal was formerly permitted by the board of trustees alone or by a judge o f the supreme court or of a circuit court. 1916 No 509 amending 1912 Criminal Code s 992, s 993 as amended by 1912 No 298. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 43 Virginia.— The number of negro minors under the charge o f the Negro Reformatory Association of Virginia for whose care com pensation may be charged to the Commonwealth is increased from 150 to 200. 1916 C 35 amending Code 1904 s 4173e subsection 5 as amended by 1908 C 371. M E N T A L D E F E C T IV E S . See also Juvenile courts, Maryland, p. 36, and Porto Rico, p. 39. K entucky.— The governor is authorized to appoint a nonsalaried commission of five persons to study feeble-mindedness in the State. This commission is to determine the number of feeble-minded per sons, the cost to the Commonwealth o f maintaining them, the causes of feeble-mindedness, the effect of marriage o f defectives and de linquents upon the problem, and the means the State should employ to lessen the seriousness of the problem. The commission has power to employ a salaried investigator, but it is expressly provided that neither salary of investigator nor expenses incurred by the commis sion shall be paid by the Commonwealth. The commission is to re port to the governor with recommendations concerning legislation not later than June 1, 1917. " 1916 C 146. Maryland.—More specific provisions are made for securing from parents, guardians, or others legally liable for support, payment for the maintenance, in whole or in part, o f such inmates of the Mary land Asylum and Training School for Feeble-minded as are not totally indigent. The duty to secure information as to the financial condition of patients and relatives and to determine the amount to be paid in each case (not to exceed, however, $20 per month), together with authority to enforce collection, is placed with the orphans’ court or with the county commissioners of the county in which the patient resides. [Both the orphans’ court and the county commis sioners formerly had and still retain the right to commit patients to this institution.] 1916 C 566 ss 3 and 5 amending A C 1911 v 2 (1911) art 59 by adding ss 3A, 3B, 46A, 46B. A State commission, consisting of the State lunacy commission and the State board o f public works, is appointed to report to the legis lature of 1918 on the advisability o f purchasing, for a State hospital for insane and feeble-minded persons in western Maryland, the prop erty in Allegany County now being used as a county home for in sane and feeble-minded [the last such county home in the State]. The county commissioners o f Allegany County are authorized to sell the property. 1916 C 642. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 44 C H I L D -W E L F A R E LAW S. Massachusetts.—The State board of insanity is abolished and there is substituted for it a commission on mental diseases, which has all the powers and duties of the former board. This commission is to consist o f five members appointed by the governor. The director and at least two associate members shall be physicians expert in the care o f the insane. The director shall receive not more than $7,500 salary and the others shall serve without compensation. The board of insanity had three members, all salaried, one o f whom was an expert. In addition to performing duties of former board of insanity, commission shall inspect every institution under its super vision at least once a year, and oftener if the governor directs, and every patient shall be given opportunity for an interview with the visiting members or agents of the commission. Every private hos pital for the feeble-minded, epileptic, etc., must be licensed annually by the commission. The former law (1914) provided for an annual license o f such hospitals established thereafter, but did not require the annual licensing of older institutions. 1916 C 285. Compare 1914 C 762. The procedure for the commitment o f feeble-minded persons to the Massachusetts School for Feeble-minded [at Waverley] and to the Wrentham State School is amended. Any physician who certifies to a judge of probate [court having jurisdiction in commitment] con cerning the mental condition of an alleged feeble-minded person shall have examined the patient within 5 days of signing the certificate; the certificate must bear a date not more than 10 days earlier than the order of commitment; and the order of commitment is void if the patient is not received at the school within 30 days after the date of the order. The law includes a similar amendment concerning a phy sician’s certificate for a voluntary patient. The inmate himself is now permitted to make application for release. 1916 C 122 amending 1909 C 504 ss 63, 64, 78-80. The State board of insanity [commission on mental diseases] is authorized to establish at Belchertown a new school for the feeble minded. An appropriation o f $150,000 is made, but it is provided that no expense shall be incurred until the plans of construction and an outline plan for future development have been approved by the governor and council. The labor o f patients under the control o f the trustees o f the Massachusetts School for the Feeble-minded shall be utilized so far as possible. Massachusetts has already two State schools for the feeble-minded, the Massachusetts School for the Feeble-minded at Waverley and the Wrentham State School. 1916 Resolves C 160. summarized above. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Compare 1909 C 504 ss 14, 59-65. See also 1916 C 285, C H I L D -W E L F A R E LAW S. 45 The construction o f a recreation building at the Massachusetts School for the Feeble-minded is authorized, and the sum of $23,700 is appropriated for the purpose. 1916 Resolves 0 127. New Jersey.— The establishment of State colonies for feeble minded males is authorized. These patients formerly were cared for at the village for epileptics, though by an act o f 1915 admission o f feeble-minded males to the State home for feeble-minded women was permitted. The colonies are to be under a nonsalaried board o f man agers, consisting of the commissioner o f charities and corrections and four other persons appointed by the governor. Admission shall be in the manner already provided by law for the admission of feeble-minded persons to institutions. The act includes an appro priation of $25,000. 1916 C 61. Compare 1911 C 229; 1915 C 151. It is provided that the cost o f maintaining those patients com mitted to the village for epileptics who are not indigent shall be paid in whole or in part from the patient’s estate or by certain specified relatives. The amount is to be determined in each individual case by the committing court, and in no case shall it exceed the minimum paid by private patients. 1916 C 95 supplementing C S 1910 v 4 (State Village for Epileptics) ss 1-31 p 4961 as amended by 1914 C 224. The commission for the study of mental defectives is continued, and it is directed to report to the legislature o f 1917. 1916 Joint Resolution No 1. Resolution No 1. See 1913 Joint Resolution No 5 and 1915 Joint New Y ork.— The superintendent of the Rome State Custodial Asylum [for feeble-minded and idiots] is authorized to grant to groups of inmates parole or leave of absence to do domestic, agri cultural, or forestry work under specified State supervision, such action to be subject to the approval of the board of managers of the asylum. The expense connected therewith is to be met by the asylum. Formerly there was merely a general provision for parole by the superintendent subject to rules of the board o f managers of the asylum. 1916 C 71 amending C L 1909 (State Charities) C 55 s 95 as amended by 1912 C 448 by adding subdivision 11. It is made a misdemeanor to entice away or assist in the escape of an inmate of any public charitable institution for the feeble-minded, epileptic, or insane, or of a reform school; or, knowing a person to be such an inmate, to promise to provide a home for, or to pay for https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 46 C H I L D -W E L F A R E LAW S. services of, or to marry him or her without approval of the board of managers of the institution. 1916 C 320 amending C L 1909 (Penal) C 40 by adding s 1250-a. Rhode Island.— The name o f the Rhode Island School for the Feeble-minded is changed to Exeter School. 1916 C 1381 amending G L 1909 C 103. Virginia.— The duties and powers o f the State board o f charities and corrections are extended, with special reference to the feeble minded. [For a provision concerning the duties of the board in rela tion to dependent children, see 1916 C 436, summarized on page 35.] It is now specified that this board shall license and inspect private institutions caring for the feeble-minded and supervise the placing out of feeble-minded children. The board formerly had these duties in relation to dependent and delinquent children, but feeble-minded persons were not specified. Further, the board is now required to visit from time to time all feeble-minded children placed in homes and is given the right to place them elsewhere if the rules laid down by the board are not followed. It is required to keep a register of the feeble-minded ; to take such legal steps as may be necessary to protect feeble-minded persons in any town or county; to institute/ proceedings for commitment and registration o f all feeble-mindêd persons ; to give notice and instructions confidentially to parents and guardians of such mentally defective children as are not dependent upon the care o f the State and are not a menace to themselves and others. The board is instructed also to deport such nonresidents of Virginia as may be found within the State and liable to become charges upon the State when in the judgment of the court deportation is necessary. 1916 C 104. For duties o f State board o f charities, see 1908 C 276 ; 1910 C 289 ; 1912 C 309 ; 1914 C 147, 350. A law concerning the commitment of feeble-minded persons is enacted. Formerly such commitment was subject to the provisions concerning the insane except in so far as special procedure was set forth in the act (1912) governing the colony for feeble-minded white persons or in the act (1914) governing the colony for feeble-minded colored persons. The new law is a substitute for the sections relating to commitment in these acts and includes, with amendments, the special procedure of these earlier acts, incorporates with it certain provisions from the laws governing the insane, and adds certain new provisions. The precedure set forth in the present act is summarized below, and provisions which did not formerly appear in any statute are indicated as new. [It should be noted that the act of 1914 was more detailed than the act of 1912, and certain provisions not desig- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHILD-WELFARE LAWS. 47 Dated: as new in the following summary applied formerly to colored patients but not to white patients.] A feeble-minded person is defined [new] as “ any person with mental defectiveness from birth or from an early age, but not a congenital idiot so pronounced that he is incapable o f caring for him self or managing his affairs, or o f being taught to do so, and is unsafe and dangerous to himself and to others and to the community, and who, consequently, requires care, supervision, and control for the protection and welfare o f himself, o f others, and o f the community, but who is not classable as a n £insane person,’ as usually interpreted.” When a person is supposed to be feeble-minded, any reputable citi zen may file a petition with the circuit or corporation court, or, in vacation, with the judge thereof, or before a justice in the city or county in which the alleged feeble-minded person lives, setting forth the facts under oath [“ under oath ” new] and stating [new] the person’s financial condition, and the names and financial condition of the persons, if any, having custody over him, and of his parents, guardians, brothers, and sisters. The judge or justice shall issue a warrant ordering the alleged feeble-minded person to be brought before him and shall summon as witnesses not only two physicians (one o f whom shall when prac ticable be the family physician o f the feeble-minded person and neither o f whom shall be related to him) and other persons com petent to testify, but also [new] the persons named in the petition. The judge or justice and the two physicians shall constitute a com mission to determine whether or not the person is feeble-minded; and, if they find that he is feeble-minded and is not under such care as to insure the welfare of himself and o f others, they shall file with circuit or corporation court a written report containing their conclu sions and recommendations. I f commission reports that the person is not feeble-minded, he is discharged and the petition dismissed. I f he is deemed feeble minded, the court, or the judge in vacation, may appoint a guardian o f the feeble-minded person and also the same or a different person as guardian o f his property, or he may commit the person to a State institution for the feeble-minded or [new] to a private institution approved by the State board of charities and corrections. Pending admission into an institution the person may be committed to the custody o f the city or county superintendent of the poor. The person adjudged feeble-minded has right of appeal to the supreme court o f appeals. [Formerly appeal was allowed from unlawful confinement, but. court was not specified.] I f person is committed to an institution, the clerk o f the court shall send a copy o f the order of commitment to the State board of chari ties and corrections and two copies to the superintendent of the in815730—17----- 4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 48 C H I L D -W E L F A R E LAW S. stitution, who shall receive the patient as soon as there may be room for him. The superintendent shall examine the papers and return them for correction if he discovers any irregularity in the papers or has reason to believe that the person is illegally committed. Upon receiving the patient the superintendent indorses the commitment papers and returns one copy to the court. The superintendent is to be notified o f time and place of hearing upon any petition for the removal o f the patient or for variations in the order o f commitment. [Provisions for filing o f papers with State board of charities and corrections and for examination and indorsement o f papers by super intendent are new.] Before being delivered to an institution the patient must be clean, properly clothed, and free from contagious disease, and he must have been successfully vaccinated against smallpox. He shall be delivered, at the expense of the county or corporation from which he is committed, at the nearest railroad station or steamboat landing. The superintendent shall appoint an attendant to conduct the pa tient to the institution; female attendants [new] shall be provided for female patients. The cost of conveying the patient shall be paid from funds appropriated for his support. Upon admission to an institution the patient shall be under special observation for not less than two months [ “ two months” new], and his mentality shall be tested by the superintendent and by an expert approved by the board of directors o f the institution. Expert was formerly approved by State board of charities and corrections. I f after observation and examination the patient is considered to be not feeble-minded or not a suitable subject for care and treatment, he shall be returned to the city, county, or institution from which he was committed. The superintendent shall provide training, suitable employment, and [new] such medical and surgical care as may better the condition of the inmates. Any person maliciously contriving the commitment of a person who is not feeble-minded or any person violating any provision of the act shall be guilty o f a misdemeanor and subject to fine-of not more than $1,000, or to imprisonment for not more than one year, or both [new]. Specific provision [new] is made for transfer o f patients from an institution for the feeble-minded to an institution for the insane and vice versa. Furloughs may be issued by the superintendent, at his discretion, if the cost is met by the inmates granted furloughs or by their friends; and [new] if they can not pay the cost of a furlough the institution may do so. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E LAW S. 49 Voluntary patients may be received by a State institution pro vided [new] no indigent person who has been committed is thereby denied admission. The receiving o f any voluntary patient shall be reported to the commissioner of State hospitals and the special board o f directors [of the institution]. Charges for voluntary pa tients shall be fixed by the commissioner of hospitals and the general board of directors o f State hospitals and may not exceed the cost o f care, maintenance, and treatment. Forms for papers used in carrying out provisions of the act shall be prepared by a committee consisting of the superiritendents o f the State colonies for the feeble-minded, the secretary of the State board of charities and corrections, and the commissioner o f State hospitals for the insane. As soon as room is available at the appropriate institution, no feeble-minded woman of childbearing age shall be received as an inmate of any almshouse [new]. This act includes a provision [given more fully in 1916 C 312, summarized below] concerning examination of prisoners o f doubtful mentality, who have been brought before a court for any cause. Former provisions are repealed only in so far as they are incon sistent with the present act, and apparently any points affecting com mitment o f the feeble-minded not otherwise specifically provided for are subject to the general provisions concerning the insane. 1916 C 388. For form er law governing colony for feeble-minded w hite per sons, see 1912 C 196 ; for form er law governing colony fo r feeble-minded colored persons,- see 1914 G 346. F or provisions in law governing the insane not found in either 1912 C 196 or 1914 C 346 but included (w ith amendments) in 1916 0 388, see Code 1904 ss 1669 as amended by 1910 C 102, 1671-1673, 1675-1677, 1685, 1688, 1690, 1697, 1698 as amended by 1912 C 168, 1699-1702 ; 1914 C 248. F or general law governing the insane, see Code 1904 ss 1660-1713c and the follow ing acts amendatory and supplementary thereto : 1906 C 115, 189 ; 1908 C 184 ; 1910 C 102, 319, 320, 321 ; 1912 C 168 ; 1914 C 248, 313, 334. “ The judge of any court [specifically including the juvenile court] is authorized to direct some officer of the court or other suitable per son to institute proceedings leading to inquiry concerning the mental condition o f any person brought before the court for any cause, who appears to be feeble-minded. The act provides for care and deten tion pending inquiry and for observation o f mental condition for from 60 days to 6 months, and specifies that in certain cases the test o f mentality shall be applied with assistance of expert designated by State board of charities. Former statutes permitted mental ex amination only o f criminals suspected of insanity and o f children brought before a juvenile court. 1916 C 312. F or juvenile-court provision, see 1914 C 350 s 4 ; for provisions for criminal insane; see Code 1904 s 1660 as amended by 1910 C 319 ; s 1682 as amended by 1910 C 320 and 1914 C 313 ; s 1687 as amended by 1910 C 321 ; ss 4030-4035. See also 1916 C 388 s 10. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H I L D -W E L F A R E 50 LAW S. Commitment procedure is eliminated from the act governing the colony for feeble-minded white persons (part o f the Virginia State Epileptic Colony). [F or present procedure, see 1916 C 388, sum marized above.] The following changes are made in provisions o f the act: The relation o f this colony to the Virginia State Epileptic Colony in regard to management, records, etc., is more clearly defined. Chil dren not under 8 years o f age [and, as formerly, women 12 to 45] are to be given preference in admitting patients to colony. The superintendent's specifically instructed to provide for the training, suitable employment, and medical care of patients. A special teacher for children of school age in the colony is to be provided; these children are to be included in the school census. The superintendent is to employ an expert in making mental examinations to test condi tion of all patients from time to time and to act with State board of charities and corrections in making such tests as law or board may require. The definition of feeble-mindedness is reworded; it now corresponds to that in the general commitment act [see 1916 C 388, summarized above] except that the clause in that act exempting con genital idiots without defining them is omitted, and the following provision is added: “ No feeble-minded person o f the class commonly known as 4congenital idiots ’—that is, whose mentality is not beyond that of a normal child 2 years old— shall be admitted to the said colony until a separate building has been provided for that class o f feeble-minded persons.” The former law governing the colony for feeble-minded white persons provided that no congenital idiots were to be admitted. Feeble-minded males are to be cared for at the State epileptic colony until a separate building can be provided for them at the feeble-minded colony. 1916 C 106 amending 1912 C 196. Compare 1916 C 388. The act governing the colony for feeble-minded colored persons is amended by eliminating the commitment procedure [for present com mitment procedure, see 1916 C 388, summarized above] and by re wording the definition of a feeble-minded person to agree with that found in the commitment act [1916 C 388, summarized above] except that the clause in that act exempting congential idiots (without defining them) is omitted. 1916 C 207 amending 1914 C 346. The income from the estate of a person committed to a State in stitution for insane, epileptic, or feeble-minded shall be paid to the steward of the institution for the purchase of extra comforts for the inmate, but must not be applied to the cost of ordinary maintenance. Such payment, however, shall not exceed $200 annually unless specifi https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHILD-WELFARE LAWS. 51 cally ordered by the court and is not required when inmate has hus band, wife, or child lawfully dependent on him or her for support. 1916 C 255. M O T H E R S ’ P E N SIO N S. Maryland.— Provision is made for pensions from county funds, or in Baltimore city from city funds, for widowed mothers of children under 14 years o f age, subject to the following conditions: (1) Child or children must be living with the mother; (2) conditions must be such that if relief were not granted the mother would be required to work regularly away from home in order to maintain her child or children (but permission may be granted to a mother receiving a pension to work away from home for a definite number o f days each week to be specified in the order giving re lie f); (3)- mother must be “ a proper person, worthy and fit, to bring up her children ” ; (4) mother may not be owner of property, either real or personal, other than her household goods; (5) mother must have resided in the county where application is made, or in Baltimore city if applica tion is made there, at least three years before making application; (6) relief granted on behalf o f any child ceases when that child be comes 14 years of age, except that if child is ill or incapacitated for work the pension may continue during his illness or incapacity until he is 16. Amount of pension is fixed as follow s: $12 per month for the oldest child, $10 per month for the next oldest, and $6 per month for each additional child; total not to exceed $40 for any one family. County commissioners in the counties, and in Baltimore city the board of estimate and city council, are empowered and instructed to raise funds to pay the allowances by a tax levy not exceeding onetenth o f a mill, or to provide funds from the general tax levy. The total to be raised is not stated, and the law provides that in case funds are insufficient the neediest mothers shall be selected. The administration of the law in Baltimore city is placed with the board for mothers’ relief (three persons, only two o f whom shall be o f the same sex) to be appointed by the mayor, or with the supervisors of city charities if, at the discretion of the mayor and city council, such board is not appointed. In the counties the law is to be administered by the county commissioners. Petition for pen sion is presented to these authorities and investigated by them, but the power to grant and to revoke a pension rests with the juvenile court or, in a county where no juvenile court exists, with the circuit court. The State appropriates $10,000 for the establishment and maintenance of the board of mothers’ relief in Baltimore city; the board is to receive $5 per day for each member for each day the board shall sit, and it has power to employ a secretary, a stenographer, and three investigators. It also appropriates $5,000 “ for administrative purposes,” to be divided among the several counties in proportion https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 52 C H I L D -W E L F A R E LAW S. to their population. Recommendations, together with a detailed re port of the number of beneficiaries, the amount expended, and the advantages o f the system, are to be made to the legislature o f 1918 by the authorities administering the law. 1916 C 670. New Jersey.— It is provided that if any county board o f chosen freeholders has appropriated no money or too little money to meet the expenses o f certain specified county activities, including widows’ pensions and work of the State board o f children’s guardians [care and supervision o f dependent children], then the board may raise the money to meet the deficiency by adding the amount thereof to the appropriations for the current year, which may be raised by taxation or by a temporary loan bond. 1916 C 201 supplementing C S 1910 v 1 (Chosen Freeholders) ss 70-74 p 492. See C S 1910 v 2 (In fan ts) ss 62-74 p 2819 and 1913 C 281 as amended by 1915 C 118 and 238. New Torh.— The provision that city commissioners o f public chari ties shall be ex officio members o f the city boards o f child welfare appointed to administer the mothers’ pension law in cities is repealed. An appointed member is to be substituted fo r such commissioner, and the term o f office for all members is lengthened from eight to nine years. The investigation and supervision o f persons receiving allow ances is to be only by the board; formerly “ by the board when con sistently possible or by authorities now intrusted with similar work.” 1916 C 504 amending C L 1909 (General M unicipal) C 24 ss 150 and 152 subdivision 4, both as added by 1915 C 228. M IS C E L L A N E O U S P R O V IS IO N S A F F E C T IN G D E F E C T IV E , Q U E N T , A N D D E P E N D E N T C H IL D R E N . D E L IN Georgia.— Provision is made that at each regular term o f court the grand jury of each county shall appoint from among their own number a special committee of not less than five persons, whose duty it shall be to visit, inspect, and inquire into all private institutions of specified types within the county [institutions in which persons are kept in confinement; orphanages specified in title of act]. The committee is instructed to confer with each inmate to learn how he or she came to be confined in the institution; what labor, if any, is required; and whether he or she desires to remain. The committee is to report publicly to the judge and to the solicitor o f the superior court the names of dissatisfied persons and the facts in each case; if any person is illegally deprived of liberty, the committee shall demand his release; if release is refused, the grand jury shall make special presentment for false imprisonment. A previous law, still in force, provides for annual inspection o f the Georgia Industrial Home and https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ÔHÏL£>-w elfar e law s. 53 other similar institutions for children by a committee o f nine from the general assembly. 1916 No 548-p 126. Compare Code 1914 (C ivil) s 2865. Maryland.— The provisions relating to organization and powers o f the board o f State aid and charities are changed. Provision is now made for appointment by the governor biennially o f three members to serve four years, the governor himself to be ex officio the seventh member o f the board. Two o f the members may be women ; not more than three members shall be residents o f the same city or county. The salary o f the secretary is raised from $1,800 to $2,200 and he is required to give full time to the duties o f the board. The law now provides also for clerks. Right of inspection is extended to include institutions for dependents and delinquents having contracts with the State as well as such institutions receiving financial aid from the State. Formerly the board had supervision only over the latter. Appeal from decision of the board may be taken to any court of general common-law jurisdiction in the county or city where thé office o f the board is located. A ll moneys appropriated to institutions shall be paid on a per capita basis according to rates fixed by the board o f public works. 1916 C 705 amending A C 1911 v 2 (1911) art 88A ss 1, 3, 5, 6, and adding s 4A to same article. A child under 6 months o f age may not be separated from its mother for the purpose o f placing child in foster home or institution unless (a) two physicians certify that the separation is necessary for the physical good of mother or child; or (b) a court of competent jurisdiction so orders; or (c) the board o f State aid and charities considers the separation necessary and consents in writing thereto. A foster home or institution receiving any child under such age without its mother is required to file the physicians’ certificate above provided for with the board o f State aid and charities. It is the duty o f all persons participating in the separation of a child from its mother to find out whether the separation has been duly permitted or ordered. A ll participating in receiving a child at an institution are required to find out whether the mother is living, and in that case are similarly responsible for verifying the legality o f the separation and also for reporting any violation of the act. This board shall investigate the facts in each case o f separation coming under its notice, and when it appears that this act has been violated shall report the facts to the authorities charged with the enforcement of the criminal laws. Vio lation o f any provision is a misdemeanor punishable by a fine of not more than $100, or imprisonment in jail for not more than 100 days, or both. 1916 C 210 amending A C 1911 v 3 (1914) art 27 by adding s 483. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 54 C H I L D -W E L F A R E LAW S. MISCELLANEOUS PROVISIONS AFFECTING CHILDREN. M I L I T A R Y A N D P H Y S IC A L T R A I N I N G . Louisiana.— It is required that’ in ail grades o f the public schools higher than the eighth instruction in military science and tactics shall be given to all male pupils for at least one hour a week. 1916 A 131. Maryland.— The governor is authorized to appoint a nonsalaried commission o f nine persons (adjutant general and two other officers o f militia, three members o f veteran organizations, and three per sons not members o f either), to report on military education, military service, and a military reserve. Two of the subjects specified are the practicability o f providing military education for boys between 14 and 21 and the practicability o f providing military training for youths in the public schools. 1916 C 23. Massachusetts.—The governor is authorized to appoint a special nonsalaried board o f three persons to investigate the subject of physical training of boys and girls in public schools and to recom mend a system which will improve their physical, mental, and moral qualities and provide an adequate basis for a citizen soldiery, with special reference to physical and disciplinary training, military his tory, and personal hygiene and sanitation; the board is to report to the legislature in January, 1917. The sum of $1,000 is allowed for expenses. [A similar commission was appointed in 1915 to report in January, 1916, on military training in high schools.] 1916 Resolves C 90. Compare 1915 Resolves C 81. A law is enacted permitting students in educational institutions where military science is a prescribed part of the course o f instruc tion and students enrolled in a military organization approved by the Secretary o f War or the Secretary of the Navy o f the United States, and over which an officer of the United States Army or Navy or the Massachusetts volunteer militia has supervision, to drill and parade with firearms in public under the superintendence of their instructors, subject to the approval of the governor and such conditions as he may prescribe. 1916 C 8 amending 1908 C 604 s 170. New Jersey.— Provision is made for a nonsalaried commission to investigate and report to the legislature on February 1, 1917, upon military training and instruction for national defense in high schools. This commission is directed to consider what instruction would be feasible, the extent to which the Federal Government would cooper https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHILD-WELFARE LAWS. 55 ate, and the probable expense to the State, giving attention to the experience o f other States and nations. It shall consist o f one mem ber of the house and one member o f the senate, to be named by these bodies; two schoolmen connected with the high schools o f New Jer sey, to be named by the commissioner of education; and one person in active military service, if possible the national service, to be ap pointed by the governor. The commission shall expire on June 1, 1917, unless otherwise ordered by the legislature.. The sum of $2,000 is appropriated for expenses. ' 1916 C 211. New Y ork.— Provision is made for a permanent nonsalaried mili tary training commission of three members—the major general com manding the National Guard, one member appointed by the board of regents o f the University of the State o f New York, and one member appointed by the governor; the term of office o f appointed members is four years. The commission shall appoint an inspector of physical training at a salary not to exceed $5,000. An appropria tion of $100,000 is made for expenses. | A ll boys above 16 and not over 19 years o f age are to be given sijich military training as the commission shall prescribe for not more than three hours weekly, except that any boy may be exemptedby the commission, and that boys who are regularly and lawfully employed/ are not required to take training unless they volunteer and are accepted. For boys attending school or college this training shalUbe given during the school or college year, but outside of the time assigned to other instruction; for boys who are not pupils it shall be given between September 1 and June 15. This training is to be conducted under the supervision o f the commission by such male teachers and physical directors as may be assigned by school and college authorities and accepted by the commission, and by militia officers and men detailed by the major general commanding the National Guard or such officers and men o f the United States Army as may be available. Instructors other than United States Army instructors are to be paid by the commission. The commission shall establish and maintain State military camps for field training of boys between 16 and 19 years of age who are physically fit and who are accepted by the commission; where suffi cient money is not available to provide for all, preference will be given first to boys attending secondary schools during the preceding year, and second to those attending State agricultural schools and colleges. Each detachment o f boys must remain in camp not less than two nor more than four weeks, as the commission may deter mine; training and discipline are to be under the major general commanding the National Guard, subject to the supervision of the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 56 CHILD-WELFARE law s. commission; militia officers and men are to be detailed as instructors. The commission is to determine the location of the camps, and any organization owning a fairground and entitled to an apportionment of State moneys must, if requested by the commission, allow the use o f its grounds for such a camp unless they are needed for its own purposes or have been previously leased to other parties; if it refuses such use, the State appropriation for that year will be withheld. The commission shall advise with the board o f regents as to the physical training td be prescribed for the elementary and secondary schools as provided in the education law [1916 C 567, summarized below], and it shall further recommend to the board o f regents the establishment in these schools o f such, habits, customs, and methods as are best adapted to “ develop correct physical posture and bearing, mental and physical alertness, self-control, disciplined initiative, sense of duty and the spirit of cooperation under leadership.” Other powers and duties o f the commission include inspecting'the work prescribed under this act or under the provisions o f the educa tion law [1916 C 567, summarized below] ; prescribing the powers and duties o f the inspector of physical training; and maintaining and cooperating with colleges in the State and with Federal authori ties in maintaining courses of instruction for male teachers, physio&Y •instructors, and others who volunteer and are accepted by the com mission. Armories and military property o f the State may be loathed to the commission for carrying out these provisions, and the use o f school buildings and grounds is permitted. The provisions of the aet do not apply to pupils o f any college receiving Federal aid and requir ing military drill. 1916 C 566 amending C L 1909 (M ilitary) C 36 by adding ss 26 to 29-d. The education law is amended by providing that all pupils, both boys and girls, above 8 years of age shall receive as a part of the course of instruction in all elementary and secondary schools the prescribed course o f physical training which may be adopted by the board o f regents of the University of the State o f New York after conference with the military-training commission. [See 1916 C 566, summarized above.] This training shall average not less than 20 minutes a day. Attendance at a private school at which a similar prescribed course in physical training is not given shall not be con sidered equivalent, in satisfaction o f the compulsory school-attend ance requirements of the law, to instruction in a public school. Regents are responsible for administrative details in making the act effective. State school money is to be apportioned to each district and to meet part o f the expense o f the prescribed courses. 1916 C 567 amending C L 1910 (E ducation) C 16 by adding article 26 -A (ss 695-697). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CHÏLD-WELFARE LAWS, 57 P O L IC E W O M E N , Virginia.— The appointment of policewomen in cities having 15,000 or more population is permitted. 1916 C 281. SO C IA L IN S U R A N C E . Massachusetts.— Provision is made for a special recess commis sion on social insurance to consist of two senators appointed by the president o f the senate, four representatives appointed by the speaker o f the house, and three other persons appointed by the governor. The commission is to receive such compensation as shall be allowed by the governor and council, and is to report to the legislature in January, 1917, with drafts of such laws as it may recommend. 1916 Resolves C 157. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis TOPICAL INDEX, BY POLITICAL DIVISIONS. [The chapter references are to the 1916 session laws unless otherwise specified.] D is t r ic t o f C olu m bia : Page. Juvenile courts (39 Stat L C 92 p 56 A ct of Apr 27, 1916)................................ 35 G e o rg ia : Child labor (No 547 p 1 1 3 ).................... ................. ............................................... 20 Compulsory school attendance (No 576 p 1 0 1 )........................ ........................ 28 Dependent children. (See Juvenile courts, and Private institutions, inspection of.) Juvenile courts (No 575 p 5 8 ) ....... . .................................................................... 35 Juvenile delinquents. (See Juvenile courts.) Private institutions, inspection of (No 548 p 1 2 6 )............................................ 52 K en tu ck y : Blind, name of State school (C 8 4 ) .................... .................................................. 33 Child labor, compensation for injured minor (C 33) ......................................... 28 Child labor, theaters (C 23)..................................................................... .............. 20 Compulsory school attendance. (See School census.) Desertion of minor child (C 6) ............................................................................. 12 Investigations. (See Mental defectives—investigation.) 40 •Juvenile delinquents, institution for girls (C 85). .................. ......................... Juvenile delinquents, police court matron (C 3 ).......................................... 40 Mental defectives—investigation (C 146)............................................................ 43 Pandering (C 49)..............................................................................- ....................... 13 School census (C 24 and 121)................................................................................. 29 Workmen’s compensation. (See Child labor, compensation for injured minor.) L ou isian a: Blind. (See Deaf, dumb, and blind.) Child labor (A 177 and 220)....................................................................... . ......... 21 Compulsory school attendance (A 2 7 ) ................................................................. 29 Contributory delinquency, dependency, or neglect (A 139)........................... 32 Deaf, dumb, and blind (A 237).................................- ................... ...................... 33 Deaf, dumb, and blind—investigation (A 72).......................................... ......... 33 Dependent children. (See Juvenile courts.) Investigations. (See Deaf, dumb, and blind—investigation.) Juvenile courts (A 13, adopted b y popular vote N ov 7, 1916)................ .. 36 Juvenile delinquents. (See Juvenile courts.) Mid wives (A 163)................................................................... ................................... 15 Military training (A 131)................................................ '. .......................- ............. 54 17 Playgrounds and social centers (A 120)............ ............. •-.................................. Rape, penalty (A 123)........................... ..................................................... T------13 Receiving goods from minor unlawfully (A 15)...................... ........................... 14 M a in e: Child labor (1915 C 350; referendum vote of Sept 11, 1916) .......................... 21 M aryla n d : Admittance to pool rooms (C 140, 205, and 479) ^....... .............................. . 14 Birth registration (C 691)....................................................... ................. ............... 14 Board of State aid and charities (C 705)............ ............................. ................. 53 59 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 60 C H I L D -W E L F A R E LAW S. M arylan d—Continued. Child labor (C 222, 701, 406, 407, and 147)............................... .................... Child labor, street trades (C 222)..................................................................... Child labor, theaters (C 222)........................................................................... Compulsory school attendance (C 506)............................................................ Contributory delinquency, dependency, or neglect (C 674)......................... ( See also Juvenile courts.) Curfew law (C 2)................................................................................................ Dependent children. (See Board of State aid and charities; Juvenile courts; Mothers’ pensions; and Separation of mother and infant.) Investigations. (See Mental defectives—investigation, and Military train ing—investigation.) Juvenile courts (C 326)................... .......................................................... . . , ....... Juvenile delinquents. (See Board of State aid and charities; Curfew law; and Juvenile courts.) Length of school term. (See Compulsory school attendance.) Maternity hospital (C 183)...................................................................................... Mental defectives (C 566)........... . ..................................................« ............. ....... Mental defectives—investigation (C 642)................... ..................................... Military training—investigation (C 23)................................................................ Mothers’ pensions (C 670)......................................................................... .............. School census. (See Compulsory school attendance.) Separation of mother and infant (C 210)..... ....................................................... Social centers (C231 and 506).................................................. . ........................... M a ssa ch u setts: Blind and visually handicapped (C 160)............................................................ Blind, pensions for—investigation (Resolves, C 1 3 9 )................ ................. ... Child labor (C 66, 95, and 222) .............................. ............................................. (See also Minimum-wage commission.) Child labor—investigations (Resolves, C 74 and 164)....... .............................. Child labor, street trades (C 242 and 188)................................................... . Commission for blind. (See Blind and visually handicapped.) Commission on mental diseases (C 285 and Resolves, C 160)......................... Compulsory school attendance, illiterate minors (C 82)................................... Page. 21 22 21 30 32 41 36 15 43 43 54 51 53 18 ' 33 33 23 25 24 44 31 Compulsory school attendance. ( See School census.) Contributory delinquency, dependency, or neglect. (See Juvenile courts.) Dependent children. (S ee Juvenile courts.) Investigations. (S ee Blind, pensions for—investigation; Child labor— investigations; Juvenile delinquents—investigation; Military training— investigation; Social insurance—investigation; and Tuberculosis among children—investigation.) Juvenile courts (C 243).......................................................... ......... ........... .......... Juvenile delinquents. (See Juvenile courts.) Juvenile delinquents—investigation (Resolves, C 46).................................... Mental defectives (C 285 and 122; Resolves, C 160 and 127).......................... Military training (C 8)..................................................................... ........................ Military training—investigation (Resolves, C 90)............................................ Minimum-wage commission (C 303).................. ................................................. Part-time schools (C 95)............................*............................................................ School census (C 102)...................... ....................................*................. . Social centers (Special Acts, C 86)...................................................................... Social insurance—investigation (Resolves, C 157)............................................ Syphilis (Resolves, C 47)....................... .............................................................. Tuberculosis among children— investigation (Resolves, C 62)....................... https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 38 41 44 54 54 24 24 31 18 57 15 16 T O P IC A L IN D E X . 61 M ississippi: Page. Child labor (C 239).................................................................................................. 25 Compulsory school attendance. {See School laws—investigation.) Contributory delinquency, dependency, or neglect. {See Juvenile de linquents.) Dependent children (C 227)................................................................................... 34 {See also Juvenile delinquents.) Infant blindness (C 115)........................................................................................ 16 Investigations. {See School laws—investigation.) Juvenile delinquents (C 111)................................, ..................... ......................... 41 School laws—investigation (C 603)............................................. 31 N e w J e rse y : Blind (C 22, 17, and 134).....................................................* .....................'*......... 34 Child labor (C 242, 40, and 54)....................... ..................... |.............................. 25 34 Commission for ameliorating the condition of the blind (C 22 and 17)___ Dependent children. {See Mothers’ pensions.) Desertion of minor child (C 45)............................................................................. 12 Investigations. {See Mental defectives—investigation, and Military training—investigation.) Juvenile courts (C 212) ......................................................... 39 Juvenile delinquents. {See Juvenile courts.) Mental defectives (C 61 and 95).......................................... . ............................... 45 Mental defectives—investigation (Joint Res No 1 ) ......................... ................. 45 Military training—investigation (C 211)............................................................. 54 Mothers’ pensions (C 201)............................................ ......................................... 52 Part-time schools (C 242).............. ...................................... .................................. 25 Playgrounds (C 59 and 227)................................................................................... 18 Social centers (C 227)........................................................ .................................... 18 State board of children’s guardians. {See Mothers’ pensions.) Visiting nurse (C 202).......................................................................... .................. 16 N ew Y ork : Adoption (C 453)...................................................................................................... 11 Annulment of marriage (C 605)............................................................................. 12 Birth registration (C 53)........................................................................................ 15 Child labor (C 46 5 ). ............................................................................................... 26 Child labor, compensation for injured minor (C 622)...................................... 28 Child labor, theaters and motion pictures (C 278)............................................ 26 Department of child welfare. Westchester County (C 242)..... ....................... 34 Dependent children (C 379)............................................... ........................... 35 {See also Department of child welfare, Westchester County, and Mothesy’ pensions.) Illegitimacy. (See Adoption.) Juvenile court, Syracuse (C 487).......................................................................... 39 Juvenile delinquents (C 394)........................ ........................................................ 42 {See also Juvenile court, Syracuse.) Mental defectives (C 71 and 9£G)..... ..................... ................. ............................ 45 Military training (C 563)................................................................................. ...... 55 Mothers’* pensions (C 504):....... ....................... ..... , ................ ............................. 52 Physical training (C 5673........................................................................................ 56 {See also Military training.) Playgrounds (C 4 2 )................................................................................................ 18 Seduction (C 196)........... 13 Town physician (C 413).......................................................................................... 16 Workmen’s compensation. {See Child labor, compensation for injured minor.) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 62 CHILD-WELFARE LAWS. Philippin e Islan ds: Page Infant welfare (No 2633)............................................ ............... „ . . ..................... 47 P o r t o R ic o : Betting (No 42)............................................................... ........... ; ........................... 34 Child labor, compensation for injured minor (No 19)............ .......................... 28 Dependent children. (S ee Juvenile courts.) 39 Juvenile courts (No 10)............................................. . . ____; ................'............. Juvenile delinquents. (See Juvenile courts.) Mental defectives. (See Juvenile courts.) Unlawful sales to minor (No 21) ................................ ......................................... 14 Workmen’s compensation. (See Child labor, compensation for injured minor.) R h o d e Islan d: Child labor (C 1358 and 1378).................................................. ......................... . 27 Mental defectives, name of school (C 1381)........................................................ 46 Social centers (C 1414)................................... ........................................................ 18 Visiting nurse (C 1405)............................................................................................ 17 S o u th C arolina: Child labor (No 361 and 547).......................................... ...................................... 27 (See also Hours of labor, interurban railways.) Hours of labor, interurban railways (No 544)................................................. .. 27 Juvenile delinquents (No 509)............................. .............................................. . 42 Physical examination of young children (No 3 9 9 ) . . . .................................... 17 Venereal disease (No 531)............................................................................ .. 17 U n ite d S ta tes: B oy Scouts (39 Stat L C 148 p 227 A ct of June 15, 1916)................................. 17 Child labor (39 Stat L C 432 p 675 A ct of Sept 1, 1916)................................. 19 (See also Homs of labor, interstate railroads.) Child labor, compensation for injured minor (39 Stat L C 458 p 472 A ct of Sept 7, 1 9 16 )..................................................................................................... 28 Hours of labor, interstate railroads (39 Stat L C 436 p 721 A ct of Sept 3, 5, 1916, and 39 Stat L C 109 p 61 A ct of May 4, 1916)....................... 20 Workmen’s compensation. (See Child labor, compensation for injured minor.) V irg in ia : Age of consent (C 478)............................................................................................ 13 Child labor. (See Prohibition law, special provisions affecting minors.) Child labor, employment agencies (C 168)..................................................... 27 Dependent children (C 436)................................................................................... 35 Disorderly house, sending minor to. (See Child labor, employment agen cies.) Juvenile delinquents (C 35)................................................................................... 43 Mental defectives (C 104, 388, 312,106, 207, and 255).................... ................. 4ft (See also State board of charities and corrections.) Parental right of custody (C 417).................................................................... . 13 Policewomen (0 281)......................... ................................................................ 57 Prohibition law, special provisions affecting minors (C 146).................... . 14 State board of charities and corrections (C 104)............... ....... ......................... 46 (S ee also Dependent children.) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis A P P E N D IX . O U T L IN E FO R IN D E X OE E X I S T I N G L E G IS L A T IO N C H IL D W E L F A R E . A F F E C T IN G This index outline does not contain a model list o f topics which should be covered by legislation, but is merely a list o f topics which have been found to be at present covered by the laws o f a number of States. It is not based upon any logical or ideal analysis o f childwelfare laws, but upon the topics as they are actually found in exist ing legislation. In certain cases, as, for example, in the case o f laws relating to dependent and to delinquent children, two distinct though related subjects are frequently connected in the laws as they now stand upon the statute books, and this connection has been preserved in the index outline wherever necessary to avoid a large amount of duplication in the references. - The Children’s Bureau is preparing a reference index by States of existing legislation on the subjects covered by the outline, specifying for each State those topics given in the index outline upon which that State has legislation, together with references to the sections and acts where such legislation is found. In indexing these laws char ter provisions and local and special laws are omitted and court decisions are not at present included. (A ) P A R E N T A N D C H IL D : 1. D U TIES AND L IA B IL IT IE S OF PA R EN TS— Abandonment— Neglect— Nonsupport. Abuse and cruelty. Acts committed by child, parental liability f o r ; liability for torts o f child, etc. Care and support, duty to provide— Duty o f father to p rov id e; when duty o f mother. . (In cases o f divorce or separation, see “ A -3, D ivorce.” ) (F or illegitimate children, see “ A -5 .” ) Maintenance, allowance for, out o f child’s estate. Protection (o f child from in ju ry ; justifiable homicide, etc.). Miscellaneous. 2. R IG H TS OF PAR E N T AN D C H ILD — Actions (fo r injury to person o f child, etc.). Custody and control o f child’s person and property. “ A -3, D ivorce.” ) ( See also Legal settlement o f children. (S ee also “ H - 6, Poor relief.” ) Parental rights, termination o f—Emancipation, etc. Services and earnings. Support o f parent by child. (S ee also “ H - 6, Poor relief.” ) Miscellaneous. 81573°— 17------1 ' https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 63 64 C H I L D -W E L F A R E LAW S. (A ) PARENT AND CHILD— Continued. 3. M A R R IA G E AN D D IVO RCE— D ivorce— Grounds for, etc. Custody and support o f children. Effect on legitim acy o f children, etc. M arriage— Age o f consent to marriage, consent o f parents, guardians, etc. M arriage o f feeble-minded, epileptic, insane, etc. Void and voidable marriages, what constitutes; effect o f on legitim acy o f children. (F or annulment o f marriage, sec “ A -3 , D ivorce.” ) M iscellaneous: Licenses, etc. 4. AD O PTIO N — W ho may ad opt; who may be adopted. Consent o f parent, guardian, etc. Court jurisdiction, procedure, records, etc. Effect o f adoption— Change o f name o f child. Liabilities o f adopting person. Inheritance and property rights o f adopted child and others. Abrogation o f adoption. Advertising, etc., fo r adoption; penalty. State control over adoption. (F o r adoption through and from institutions, see “ H - 4 ” ; from boarding homes fo r infants, see “ D -3 ” ; and see also “ H -3 ,” “ H -5 ,” and “ G.” ) 5. ILLE G ITIM A C Y — Illegitimate children, who are. ( See also “ A—3.” ) Responsibility o f fa th e r ; o f mother. Illegitim acy proceedings— Disclosure o f father. Complaint, warrant, arrest. Bond for support, etc. Methods o f legitimation— Acknowledgment by father. Subsequent intermarriage o f parents, etc. Inheritance and property rights and disabilities o f parent and child. 6. M ISCELLANEOUS. (B ) GUARDIAN AND W A R D : Appointment and kind o f guardian— “ Joint guardianship.” Testamentary guardianship, right o f father, and o f mother to appoint. Miscellaneous. Duties, powers, and responsibilities o f guardian. Rights and liabilities o f the ward. Termination o f guardianship, etc. State guardianship; guardianship o f institutions and agencies, etc. (F or this subject, see “ G,” “ H -3 ,” '“ H -4 ,” and “ I - L ” ) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis OUTLINE INDEX, 65 (C) OFFENSES AGAINST THE CHILD: 1. SP E C IFIC O FFENSES— Abandonment and neglect. (F or same by parents, see “ A - l . ” ) Abduction— Kidnapping— Child stealing. Abortion and prevention o f conception. Abuse and cruelty. (F or same by parents, see “ A - l . ” ) Adm ittance to dance halls, saloons, etc. Age o f consent. (F o r this subject, see “ Sexual crim es” here under. ) Contributing to dependency and delinquency o f child. ( See also “ H - l, Adult responsibility for delinquency and dependency,” and “ H—3.” ) Corrupting and depraving morals. Cruelty, societies for prevention of. (S ee “ Abuse and cruelty,” hereunder, and also “ C -2.” ) Disposing o f child for unlaw ful purposes. Endangering life, health, or limb. Gaming. Indecencies with children. Infanticide. Medicines and poisons, distribution of. Obscenity : Literature, plays, pictures, etc. . Prostitution, procuring girls for, etc. Receiving goods from minor unlawfully. Sales, gifts, etc., unlawful : Cigarettes, weapons, liquor, etc. Sexual crimes ; Age o f consent, etc. Substitution o f children. Trials, indecent, etc., exclusion o f child ; o f public when child testifies. Miscellaneous— Pregnant woman, suspension o f execution. Misdemeanor, penalty for, etc. Blindness o f infants, failure to report. (F o r this subject, see “ D -2 ” ) Concealment o f birth. (S ee also “ A -5 ,” arid “ D -5 , Births, concealment o f.” ) U nlawful employment o f child. (F or this subject, see “ F -l.” ) 2. ENFORCEM ENT AND EN FORCING AGENCIES. (D) HEALTH AND SANITATION: 1. A D M IN IST R A T IV E AND ENFORCING AGENCIES. (B oards o f health— Health officers— M iscellaneous.) 2. BLIN DN ESS OF INFANTS, PRE VEN TIO N OF— O PH TH ALM IA NEONATORUM. 3. H O SPITA LS FO R CH ILD R E N (fo r defectives, see “ 1 - 1 ” ) — Boarding homes for infants. Children’s hospitals.' County and municipal hospitals, provisions for children in. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 66 CH ILD-W ELF ARE LAWS. (D ) HEALTH AND SANITATION— Continued. 3. H O SPITA LS FO R CH ILD R E N — Continued. M aternity hospitals. Tuberculosis hospitals. (Provisions for children are specified. For schools for tubercular children, see “ 1-1, Diseased, general provisions for.” ) Other hospitals, provisions for children in. Miscellaneous. 4 . M ID W IV E S — Registration of. Regulations for practice o f profession ; licensing, etc. Duty to report cases o f infected eyes. (S ee “ D -2 .” ) Duties relative to reporting births. (S ee “ D -5, Births and deaths, registration o f.” ) 5. V IT A L ST A TIST IC S (birth registration, e tc .)— Births and deaths, registration o f— State and local authorities (registrars, etc.) charged with collecting and recording vital statistics ; enforcement. D uty o f midwives, physicians, householders, etc., to report births. Certificate o f birth, contents; illegitimacy, stillbirths, infan tile blindness, etc., reportable. ( See also “ D -2 ” and “ D -4 .” ) Births, concealment of. (S ee also “ A -5 ” and “ C -l, M iscella neous.” ) Miscellaneous. 6. M ISCELLANEOUS H E A L T H LA W S— Adulteration o f candy. (Provisions are given where children are specified. ) Antitoxins, etc., free to indigent. Communicable diseases, where children are specified. Divisions o f child hygiene, establishment of. (¿?ee also “ D - l . ” ) M ilk regulations. Public health or visiting nurses. Vaccination o f pupils, etc. (F or alcoholics and narcotics, teaching effect of, see “ E - 3 ” ; medical and dental examination o f pupils, see “ E -3 ” ; health and sanitation in schoolhouses, etc., see “ E - 3 ” ; health and sanitation in institutions, see “ H -4 ” and “ 1-1.” ) 7. RE CRE ATIO N — Civic and social centers, use o f schoolhouses, public buildings, etc., for. Dance halls, theaters, etc., regulation of. minors, see also “ C - l .” ) Playgrounds and recreation centers. Public baths. Miscellaneous. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (F or admittance to, o f 67 OUTLINE INDEX» (E ) EDUCATION LAW S: 1. A D M IN IST R A T IV E briefly)— SU PERVISIO N AND CONTROL (indexed Boards o f education, school officers, etc. School meetings. Adm inistrative units : Districts, consolidation o f districts, etc. 2. FINANCES AND SU PPORT— GROUNDS AND BU ILDIN GS. (These law s are not included. etc., see “ E -3 .” ) For sanitation o f schoolhouses, 3. M ISCELLANEOUS PRO VISIO N S AND REGU LATIO N S— Age o f children entitled to educational facilities ; other require ments. Arbor day and other holiday provisions. Alcoholics and narcotics, teaching effect of. Colored children, separate provisions for. Exclusion and expulsion o f pupils. F ire drills ; fire escapes. Health provisions and sanitation in schoolhouses. Liquor traffic ; sale o f intoxicants within certain distance from schools. M edical and dental examination o f pupils. School discipline. Subjects taught. Subnormal children, special provisions for. Teachers, special qualifications o f ; attendance at institutes. Textbooks, free. Term, length of. Transportation o f pupils. (F o r compulsory school attendance, school census, and truant and parental schools, see “ F -2 ” ; civic and social centers and play grounds, see “ D -7 ” ; school children, special aid to, see “ H -6 ” ; schools for tubercular children, see “ 1-1, Diseased, general pro visions for ” ; vaccination o f pupils, see “ D -6.” ) 4. SPECIAL SCHOOLS— Agricultural schools. Continuation schools. Domestic science. (S ee also Vocational, trade, and industrial schools hereunder. ) Evening schools. Kindergartens. Manual » training. (S ee also Vocational, trade, and industrial schools hereunder.) Trade and industrial schools. (See also Vocational, trade, and industrial schools hereunder.) Vocational, trade, and industrial schools. Miscellaneous. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 68 CHILD-WELFARE LAWS. ( E ) CH ILD -LAB O R , L E G IS L A T IO N (indexed briefly) : 1. C H IL D LAB O R LA W S— Minimum age (specifying occupations). Employment certificates and records. H ours o f labor (specifying occupations). Street trades. Public exhibitions. Enforcement. Violations and penalties. 2. COM PULSORY SCHOOL ATTEND ANCE— Ages between which attendance is compulsory. Attendance required. Attendance o f w orking children (day, evening, and continuation schools included). Enforcement ; attendance and truant officers, etc. School census. Violations and penalties. Truant and parental schools. (F o r employment during school hours, etc., see “ F - l . ” ) (F o r compulsory school attendance o f defectives, see “ 1-1.” ) 3. A PP R E N T IC E S H IP — W ho may bind children as apprentices. Terms o f indenture (including schooling while employed, e tc.). Duties o f parent, guardian, master, and apprentice. Penalties for violation ; master, apprentice. Apprenticing by institutions; by overseers o f the poor. (F or this subject, see “ H -4 ” ; “ H -6, Almshouses, children in ” ; and “ H -6, Poor relief.” ) 4. W O RK M E N ’ S COM PENSATION— EM PLO YE R’ S L IA B IL IT Y . (A ll provisions in which minors are specified; minor employed, illegally employed, etc.) 5. M ISCELLANEOUS. (In indexing preference is given to title “ F - l . ” ) 6. EM PLOYM ENT AGENCIES. (Provisions fo r children are specified.) 7. EM PLOYM ENT OF W OMEN (see also “ F - l ” ) — Before and after childbirth. H ours o f labor. Minimum wage. Seats, etc., provisions for. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis o u t l in e 69 In d e x , (G) STATE, COUNTY, AND MUNICIPAL CARE OE CHILDREN; GEN ERAL PROVISIONS FOR ADMINISTRATION, SUPERVI SION, AND MAINTENANCE: 1. STATE BO AR D S OR D EPAR TM E N TS (names o f boards, etc., speci fied, and each treated separately)— Creation and organization. Jurisdiction, powers, and duties— Children under direct control of. (S ee also “ H-5.” ) State and other institutions and agencies under control and jurisdiction of. Miscellaneous— Constitutional provisions. Provisions fo r creating, e tc .; funds for maintenance. 2. COUNTY AN D M U N ICIPAL BO ARDS OR AGENCIES. (H ) DELINQUENT, DEPENDENT, AND . NEGLECTED CHILDREN (see also “ 6 ” ) : 1. G EN ERAL— A cts which render child delinquent (certain specific acts, smok ing cigarettes, carrying weapons, etc.). Adult responsibility fo r delinquency and dependency. (See also “ H -3 ” ) Capacity to commit crime. Definitions— classes considered delinquent and dependent. Delinquent and dependent, bringing into State. Dependent and neglected, commitment and care o f— Court having jurisdiction, etc. Certain provisions apart from juvenile court and institu tional laws, which do not properly fall under subjects given below. Miscellaneous. 2. TR E A TM E N T OF DELINQ UENT M INORS A P A R T FROM JU VE N ILE COURT AN D IN S TITU TIO N A L L A W S— Court having jurisdiction. Provisions fo r treatment o f minors— Above juvenile-court age (generally between 16 and 21). In States having no juvenile-court law. 3. JU VEN ILE COURTS— Creation, designation, and organization o f cou rt; appointment, term, and qualifications o f judge, etc. Jurisdiction— Children o f certain ag es; delinquent and dependent as de fined. O f parents, guardians, e tc .; o f contributory delinquency and dependency, etc. Extent o f jurisdiction in general. Probation officers— Appointment, duties and powers, compensation, etc. Referees, etc., appointment and duties of. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 70 CHILD-WELFARE LAWS. (H ) DELINQUENT, DEPENDENT, ETC., CHILDREN— Continued. 3. JU VEN ILE COURTS— Continued. Procedure— Petition ; summons ; trial, how conducted, etc. ; appeal, etc. Release pending hearing; recognizance, detention homes, etc. , Final disposition o f child— Placing under probation— leaving child in its home, placing in a fam ily home, etc., or committing to detention home, etc. Commitment to an institution ; powers and duties o f insti tution to which committed. Advisory board, appointment, organization, and duties of, etc. Disqualification o f child. Contributory delinquency and dependency. Miscellaneous— Civil liability o f ch ild ; medical care o f child during pro ceedings, etc. 4. IN STITU TIO N S F O R D ELINQUENTS AN D D EPEN DEN TS— (Nam e and kind o f institution— State, county, municipal, sem i public, or private— is specified, and each is treated separately.) Institutions for delinquents (State) — Establishment, organization, management, a n d . maintenance. Supervision and inspection by State board, etc. ( See also “ G.” ) Health and sanitation— regulations and inspection. Object and jurisdiction o f institution— Age limitations. Classes o f children committed and received. Courts or judges committing— Procedure. Term o f commitment. Jurisdiction and supervision after commitment. Exam ination on entering institution; provisions for treat ment. Expenses and support, liability fo r (parent, coun ty). Treatment o f inmates— Exceptional offenders, special provisions for. D efective children, transfer and removal of. Correctional methods. Education and training. , Employment in institutions. Placing out and apprenticing o f children. Parole— Transfer— Discharge. Miscellaneous. ( County, municipal, semipublic, and private institutions are treated sim ilarly; provisions fo r financing, State aid, etc., and fo r licensing o f private institutions arè specified.) Institutions fo r dependents (S ta te )— Establishment, organization, management, and maintenance. Supervision and inspection by State board, etc. ( See also “ G ”) Health and sanitation— regulations and inspection. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis OUTLINE INDEX. 71 (H ) DELINQUENT, DEPENDENT, ETC., CHILDREN — Continued. 4. IN STITU TIO N S FO R D ELINQUENTS AND D EPEN DENTS— Contd. Institutions for dependents (S ta te )— Continued. Admission— Commitment— Procedure. Classes o f children received. Age lim itations; how long retained, etc. Physical and mental examinations upon entrance. Delinquent children, transfer and removal of. Expenses and support o f ch ild ; payment by county, byparent. Education and training ; employment in institution. Placing out— Apprenticing— Adoption. Miscellaneous. ( County, municipal, semipublic, and private institutions and agen cies are treated sim ilarly; provisions fo r financing, State aid, etc., and fo r licensing o f private institutions and agencies are specified. ) Institutions for delinquents and dependents. (In indexing preference is given to the tw o preceding titles, unless the law clearly indicates that both classes are re ceived in an institution. For subjects covered, see “ Insti tutions for delinquents ” and “ Institutions for dependents ” hereunder. Institutions in general. (Certain constitutional and other provisions applying to insti tutions in general are specified.) 5. PLACING OR BO AR D IN G OUT OF C H ILD R E N (by State, county, or municipal boards) — Classes o f children received. Age limitations. Authority o f board over various classes. Method o f placing. Placement agents, investigation, supervision, etc. Provisions for tem porary care. 6. COUNTY AND M U N ICIPAL R E L IE F — Almshouses, children in. Children born in institutions, disposition of. Legal settlement o f child. {S ee Poor relief, hereunder,) Mothers’ pensions. Pensions, miscellaneous. Poor relief. School children, special aicT to. Support o f fam ily o f inmate o f penal or other institution. Miscellaneous. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 72 CHILD-WELFARE LAWS. ( I ) DEFECTIVE C H IL D R E N (see also “ G ” ) : 1. G ENERAL PRO VISIO N S FO R D E FE C TIV E S— FO R D E FE C TIV E S— IN STITU TIO N S ( Name and kind o f institution— State, county, municipal, semipublic, or private— is specified, and each is treated separately.) Blind, general provisions for— State commission for. State aid to, within their homes. Education of, in public schools. Compulsory school attendance. Books and readers for the blind, provisions for, by State. Enumeration of, etc. Blind, institutions for (S ta te )— Establishment, organization, management, and maintenance. Supervision and inspection by State board, etc. (S ee also “ G.” ) Health and sanitation— regulations and inspection. Admission or commitment-— Procedure. Age limitations. Classes o f children received. Compulsory commitment, etc. Custodial powers. Expenses and support o f child ; payment by county, by parent. Education and training; employment in institution. Expulsion—-Transfer— Parole— Discharge. Supervision or aid after leaving institution. Miscellaneous. ( County, municipal, semipublic, and private institutions are treated sim ilarly; provisions fo r financing, State aid, etc., and for licensing o f private institutions are specified.) Crippled and deformed, general provisions for— Education in public schools ; State aid to, etc. Compulsory school attendance. Crippled and deformed, institutions and hospitals fo r (State hos p ita l; State university hospital, e tc .)— Duties o f hospital official. Assignment o f competent surgeon to case. W ho may receive treatment— indigent and other children. Expenses and support o f ch ild ; payment by city, county, parent. Miscellaneous. (F or provisions for treatment and separate departments in institutions fo r dependents, see “ H -4, Institutions for dependents.” ) D eaf and dumb, general provisions for— Education in public sch ools; State aid to, etc. Compulsory school attendance. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis O U T L IN E 73 IN D E X . (I ) DEFECTIVE CHILDREN— Continued. 1, GEN ERAL PRO VISIO N S FO R D EFE C TIV E S— IN STITU TIO N S FO R D E FE C TIV E S— Continued. D eaf and dumb, institutions for— (F or subjects covered, see “ Blind, institutions for,” here under. ) Diseased, general provisions for— Education o f tubercular children in open-air sch ools; State aid to, etc. Miscellaneous. Diseased, institutions for. (F or this subject, see “ D -3 .” ) Feeble-minded and epileptic, general provisions for— Commissions fo r studying treatment, needs, and care of. Statistics relating to, etc. Miscellaneous. Feeble-minded and epileptic, institutions for. (F o r subjects covered, see “ Blind, institutions for,” here under. ) Insane, hospitals for— General provisions for admittance. Provisions for children. Miscellaneous. Institutions in general. (Certain constitutional and other previsions applying to all institutions for defectives are specified; in indexing prefer ence is given to “ Institutions in general,” under Title “ H -4 .” ) Miscellaneous. 2. PRE VEN TIO N OF TRA N SM ISSIO N OF D EFEC T— Asexualization. Miscellaneous. For marriage and divorce o f feeble-minded, epileptic, etc., see “ A -3 ” ; for sexual crimes committed w ith defectives, see “ C -l, Sexual crim es.” ) (J) MINOR’S CAPACITY OR INCAPACITY TO ACQUIRE RIGHTS AND TO INCUR LIABILITIES: 1. R IG H TS AND D IS A B IL IT IE S IN GEN ERAL STATUS, E T C .)— Age o f majority. Capacity in which minor may act. Capacity to appoint others to act. Capacity to make a will. Legal disability, what constitutes. Legal disability, removal of. Witnesses, minors as. Miscellaneous. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (M IN O R ’ S C IV IL 74 CHILD-WELFARE LAWS. (J) MINOR’S CAPACITY OR INCAPACITY TO ACQUIRE RIGHTS AND INCUR LIABILITIES— Continued. 2. M ISCELLANEOUS R IG H T S AN D L IA B IL IT IE S — Actions. (F or real actions, see “ Real p rop erty ” hereunder.) Right o f action, who has. Capacity to sue and be su ed; guardian ad litem, necessity and purpose o f appointment, etc. P rocedure: Summons, how served, etc. E ffect o f attaining m ajority during action. Judgm ent; review o f action, appeal, etc. Lim itation o f actions. Citizenship o f minor. Contracts. Inheritance and testamentary rights. (F or adopted and ille gitimate children, see “ A- 4 ” and “ A -5 .” ) Personal property. R eal property. (F o r care o f property by guardian, see “ B .” ) T o r ts : W rongs, liability for. Miscellaneous. o https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis