Definition

That all persons under the age of 21 years shall, for the purposes of this act only, be considered wards of this state and that their persons shall be subject to the care, guardianship and control of the court, as hereinafter provided.

For the purposes of this act, the words "dependent child" and "neglected child" shall mean any male child who, while under the age of 17 years, or any female child who, while under the age of 18 years, for any reason, is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame, or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty, or depravity, on the part of its parents, guardian or any other person in whose care it may be, is an unfit place for such a child; and any child who, while under the age of 10 years, is found begging, peddling or selling any articles, or singing or playing any musical instrument for gain upon the street or giving any public entertainments, or who accompanies, or is used in aid of, any person so doing.

The words "delinquent child" shall mean any male child who, while under the age of 17 years, or any female child who, while under the age of 18 years, violates any law of this state; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause and without the consent of its parents, guardian or custodian absents itself from its home or place of abode; or is growing up in idleness or crime; or knowingly frequents a house of ill repute; or knowingly frequents any policy shop or place where any gambling device is operated; or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes or visits any public pool room or bucket shop; or wanders about the street in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards, or tracks, or jumps or attempts to jump onto any moving train; or enters into any car or engine without lawful authority; or uses vile, obscene, vulgar, profane, or indecent language in any public place or about any school house; or is guilty of indecent or lascivious conduct; any child committing any of these acts herein mentioned shall be deemed a delinquent child and shall be cared for as such in the manner hereinafter provided.

A disposition of any child under this act, or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever, in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this act. The words "child" or "children" may be held to mean one or more children, and the words "parent" or "parents" may be held to mean one or more parents when consistent with the intent of this act. The word "association" shall include any association, institution or corporation which include in their purposes the care or disposition of children coming within the meaning of this act.

R. S., ch. 23, sec. 169.

Jurisdiction

The Circuit and County Courts of the several counties have original jurisdiction in juvenile cases.

Sec. 170

Juvenile Court

Provides for designation of a particular judge to hear juvenile cases in a special court room, in counties having over 500,-000 population.

Sec. 171.

Petition To The Court

Any reputable person, being a resident of the county, may file with the clerk of the court having jurisdiction of the matter, a petition in writing setting forth that a certain child, naming it, within his county, not now or hereafter an inmate of a state institution incorporated under the laws of this state, except as provided in sections 12 and 18 hereof, is either dependent, neglected, or delinquent, as defined in section I hereof; and that it is for the interest of the child and this state that the child be taken from its parents, custodian or guardian, and placed under the guardianship of some suitable person, to be appointed by the court; and that the parents, custodian or guardian of such child are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, control or discipline such child, or that the parents, guardian or custodian consent that such child be taken from them.

The petition shall also set forth either the name, or that the name is unknown to petitioner, (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parent of a legitimate child or of the mother of an illegitimate child; or (c) if it allege that both such parents are, or such mother is, dead, then of the guardian, if any, of such child; (d) if it allege that both such parents are, or that such mother is, dead, and that no guardian of such child is known to petitioner, then of a near relative, or that none such is known to petitioner. The petition shall also state the residence of such parties so far as the same are known to such petitioner. All persons as named in such petition shall be made defendants by name, and shall be notified of such proceedings by a summons, if residents of this state, in the same manner as is now, or may hereafter be, required in chancery proceedings by the laws of this state, except only as herein otherwise provided.

All persons, if any, who, or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name Or designation of "All whom it may concern." The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all persons made parties by the designation of "All whom it may concern," by such description, and notice by publication as is required in this act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names.

Sec. 172.

Summons

(For form of summons and substance of this section see the statutes cited, or consult the attorney of the Juvenile Protective Association or the Chief Probation Officer of the Juvenile Court).

Sec. 173.

Probation Officers

This section vests the court with authority to appoint or designate probation officers. It also specifies the duties of the probation officers, provides for their compensation, and places them under the rules and regulations of Civil Service governing the appointment of other officers or employees of the county.

Sec. 174.

Dependent And Neglected Children

If the court shall find any male child under the age of 17 years, or any female child under the age of 18 years, to be dependent or neglected within the meaning of this act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer. And if the parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate or discipline such child, and that it is for the interest of such child and of the people of this state that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child some reputable citizen of good moral character, and order the guardian to place such child in some suitable family home or other suitable place which such guardian may provide for such child, or the court may enter an order committing such child to some suitable state institution, organized for the care of dependent and neglected children, or to some training school, or industrial school, or to some association em-bracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinafter provided.

Sec. 175.

Guardianship

In case of commitment of child to an institution or association the court shall appoint the president, secretary, or superintendent of such institution guardian over the person of such child, whose duty it shall be to hold, care for, train and educate such child, subject to the rules and laws in force at such institution or association.

Sec. 176.

Disposition Of Delinquent Children

If the court shall find any male child under the age of 17 years, or any female child under the age of 18 years, to be delinquent within the meaning of this act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, such child to report to the probation officer as often as may be required, and if the parents, parent, custodian or guardian consent thereto, or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate or discipline such child, and shall further find that it is for the interest of such child and of the people of this state that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for payment of the board; or the court may commit such child to some training school for boys, if a male child, or to an industrial school for girls, if a female child, or to any institution incorporated under the laws of this state to care for delinquent children, or to any institution that has been or may be provided by the state, county, city, town or village suitable for the care of delinquent children, including St. Charles School for Boys, and State Training School for Girls, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children, and which has been duly accredited as hereinafter provided. In every case where such child is committed to an institution or association, it shall appoint the president, secretary, or superintendent of such institution or association guardian over the person of such child, or shall order such guardian to place such child in such institution or with such association whereof he is such officer and to hold such child, care for, train and educate it, subject to the rules and laws that may be in force from time to time governing such institution or association.

Process Against Delinquent Child

The court may allow a delinquent child to be proceeded against in accordance with the laws of this state for the commission of crimes or violation of city ordinances. In such case the petition filed under this act shall be dismissed.

Sec. 177a.

Placing In Public Hospital, Etc

The court may order a guardian to place a dependent, neglected or delinquent child, when its condition requires it, in a public or private hospital or institution.

Sec. 177b.

Authority Of Guardian, Institution Or Association

A dependent, neglected or delinquent child shall be placed in an institution or association by its guardian by virtue of the order entered in such case. The guardianship under this act shall continue until the further order of court or until the child shall have reached the age of 21 years. Such child or person interested in such child may apply at any time to the court for (a) appointment of new guardian, (b) restoration of child to custody of parents, or (c) discharge of the guardian appointed.

Sec. 177c.

Returned To Home On Probation

Whenever it shall appear to the court that the home of a child placed under guardianship, or the home of his parents or guardian, is a suitable place for such child, and that such child could be permitted to remain, or ordered to be returned to said home, consistent with the public good and the good of such child, the court may enter an order to that effect, returning such child to his home under probation, parole or otherwise; provided, however, that no such order shall be entered without giving ten days' notice to the guardian or institution to whose care the child has been committed, unless such guardian or institution consents to such order.

Sec. 177d.

Report Of Guardian - Citation Into Court

The guardian or institution having the custody of a child may be cited into court at any time for the purpose of making a full report as to his or its doings in behalf of such child. Said report shall be made within ten days. The court, with or without further evidence, may remove such guardian and appoint another in his stead, take such child away from such institution and place it in another, or restore it to its parents or former guardian.

Sec. 177e.

Transfer From Justice Or Police Magistrates

Whenever a male child under the age of 17 years, or a female child under the age of 18 years, is arrested, with or without warrant, the child may be taken directly into the Juvenile Court. When such child is brought before a police magistrate or into the Municipal Court, the judge shall transfer the case to the Juvenile Court and it shall be the duty of the officer having the child in charge to take such child before such court, and the said court may proceed to hear and dispose of the case as if it had been brought upon petition. In any case the court shall require notice to be given and investigation to be made and the hearing may be adjourned from time to time for that purpose.

Sec. 178.

Children Under 12 Years Not To Be Committed To Jail

No court shall commit a child under 12 years of age to a jail or police station, but such child, if unable to give bail, shall be committed to the sheriff, police officer, or probation officer, who shall keep such child in some suitable place. It shall be unlawful to confine any child in the same building with adult convicts, or in the same yard or enclosure with adult convicts, or to bring such child into any yard or building in which adult convicts shall be present.

Sec. 179.

Jails - Separation Of Minors

Minors in the jails shall be kept separate from notorious offenders and those convicted of a felony or other infamous crime, and persons charged with or convicted of an offense not infamous, from those charged with or convicted of infamous crimes.

R. S.. ch. 75, sec. 11.

Agents Of Juvenile Reformatories

Provides for the appointment by the Board of Managers of any institution to which juvenile delinquents may be committed of agents who shall look after the homes of children paroled from such institution, assist children paroled or discharged from such institution in finding employment and maintain friendly supervision over paroled inmates and report upon such work to the court.

R. S., ch. 28, sec. 180.

Supervision By State Commissioners Of Public Charities

All associations receiving children under this act shall be subject to the same visitation as are the public charitable institutions of this state, by the Board of State Commissioners of Public Charities. The section further provides that the commissioners shall pass annually upon the fitness of every association that may receive children, and furnish certificates to those associations they find competent.

The court may at any time require from any association receiving children such reports, information and statements as the judge may deem proper and necessary.

Sec. 181.

Incorporation Of Associations

No association whose objects may embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated, unless the proposed articles of incorporation shall first have been submitted to the Board of State Commissioners of Public Charities, and the Secretary of State shall not issue a certificate of incorporation unless there shall first be filed with him the certificate of the Board of State Commissioners of Public Charities, that in its judgment the incorporators are reputable and responsible persons, the proposed • work is needed, and the incorporation of such association is desirable and for the public good. Amendments proposed to the articles of incorporation or association having as an object the care and disposal of dependent, neglected or delinquent children shall be passed upon in like manner by the Board of State Commissioners of Public Charities.

Sec. 182.

Adoption Of Child

The court may authorize the guardian appointed for a child to consent to the legal adoption of said child, provided that the court finds, (1) the parents or surviving parent of a legitimate child, or the mother of an illegitimate child, or, if no parents living, the guardian of a child, or if the child has no parents living and no guardian, then a near relative, consents to such order; or, (2) that one parent consents and the other is unfit to have the child, or that both parents are, or the surviving parent, or the mother of an illegitimate child is, unfit for any of the following reasons, (a) depravity, (b) open and notorious fornication, (c) habitual drunkenness for the space of one year prior to the filing of the petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child, or (f) desertion of the child for more than six months preceding the filing of the petition.

Sec. 183.

Foreign Corporations

No foreign corporation shall place children in homes in this state unless they guarantee the Board of Public Charities not to bring in deformed or feebleminded children, or children with contagious or incurable diseases, or children of vicious character; and that they will remove within five years any child brought into this state, which has become a public charge. Any person who shall receive to be placed or shall place in a home any child on behalf of any association incorporated in any other state than the State of Illinois, which shall not have complied with the requirements of this act, shall be imprisoned in the county jail not more than thirty days, or fined not less than $5 or more than $100, or both, in the discretion of the court.

Sec. 184.

Religious Preferences

Children shall be placed so far as possible with individuals holding the same religious views as the parents of such children, or with associations controlled by persons of like religious faith.

Sec. 185.

Support Of Child

If it shall appear upon the hearing of the cause that the parents, or any person named in such petition who are liable for the support of such child, are able to contribute to the support of such child, the court shall enter an order requiring such parents or persons to pay to the guardian so appointed, or to the institution to which such child may be committed, a reasonable sum for the support, maintenance, and education of such child, and the court may require reasonable security for the payment of such sums, and in case of failure so to pay, may enforce obedience to such order by a proceeding as for contempt of court. Such alterations in the allowance shall be made from time to time as appear reasonable.

Sec. 190

Assignment Of Wages, Etc

If the person so ordered to pay for the support, maintenance or education of a child shall be employed for wages, salary or commission, the court may order that the sum to be paid by him shall be paid to the guardian or institution out of his wages, salary or commission, and that he shall execute an assignment thereof, pro tanto. The court may also order the parent or person so ordered to pay, to make discovery to the court as to his employment and amount earned by him. Upon his failure to obey the orders he may be punished as for contempt of court.

Sec. 190a.

Act - How Construed

The guardian appointed under this act has not the guardianship of the estate of the child.

Sec. 190b.

R. m. C..

Examination Of Juvenile Court Cases By City Physician

The city physician, when directed by the judge of the Juvenile Court, shall examine the physical condition of dependent and delinquent children and report the results in writing to the officer authorized to receive the same.

Sec. 1048.

Home For Juvenile Offenders

Section 1 of this ordinance provides for the erection of the Detention Home for Dependent and Delinquent Children, for the detention of juvenile offenders, pending a hearing of the cause for which they are detained, and for the maintenance and government of the same. Also provides that this work shall be undertaken in conjunction with Cook County.

Section 3 provides that the said institution shall be subject to such rules and regulations as may be made by a joint committee, composed of the mayor of the city and the president of the Board of Commissioners.

Section 4 provides that said joint committee shall exercise control over said institution and shall recommend to the city council and to the Board of Commissioners such measures as may be deemed advisable for the government and maintenance of the same.

Amend. to R. M. C., p. 126.

Who Admitted To Charitable Institutions - Terms - Voluntary Payments

All residents of the state who are inmates of any of the state charitable institutions shall receive their board, tuition and treatment free of charge. Should any inmate be unwilling to accept gratuitous board, treatment or tuition, then the superintendent of the institution is authorized to receive pay therefor and to account for the same.

R. S., ch. 23, sec. 44.

Clothing And Transportation Furnished At Expense Of County

Necessary clothing and transportation for persons sent to the institution for the blind, for the deaf and dumb, and for feeble-minded children, shall be provided for at the expense of the county, when such persons are too poor to furnish such articles themselves, and when the judge of the County Court shall make an order to that effect.

Sec. 45.

Children's Homefinding Societies

The Board of Administration shall be charged with inspecting and investigating children's homefinding societies, orphanages, etc.

Session Laws for 1909, p. 107.

Visitation Of Children

The Board of Administration shall also be charged with the visitation of children placed in family homes and certification of homefinding associations and orphanages, and with the duty of examining into the merits and fitness of all associations which purpose caring for dependent, neglected or delinquent children, and which seek incorporation, and of reporting its findings and recommendations relative to incorporation to the Secretary of State.

P. 108.

Psychopathic Institute

The Board of Administration shall maintain the State Psychopathic Institute, and shall appoint a director thereof and a psychologist who shall perform their duties under the direction of the board.

P. 113.

Sec.