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ment and control, that their evil tendencies may be checked and their better instincts may be strengthened;

And Whereas, To that end, it is important that the powers of the courts, in respect to the care, treatment and control over dependent, neglected, delinquent and incorrigible children, should be clearly distinguished from the powers exercised in the administration of the criminal law: Jurisdiction of courts of quarter sessions.

548. The courts of quarter sessions of the peace, within the several counties of this Commonwealth, shall have and possess full jurisdiction in all proceedings which may be brought before them affecting the treatment and control of dependent, neglected, incorrigible and delinquent children, under the age of sixteen years.1

"Dependent child," "neglected child,” “incorrigible child” and "delinquent child" defined.

549. For the purpose of this act the words "dependent child" and "neglected child" shall mean any child who is destitute, homeless, abandoned, or dependent upon the public for support, or who has not proper parental care or guardianship. The words "incorrigible children" shall mean any child who is charged by its parent or guardian with being unmanageable. The words "delinquent child" shall mean any child, including such as have heretofore been designated "incorrigible children," who may be charged with the violation of any law of this Commonwealth, or the ordinance of any city, borough or township.2

Assignment of judge. Juvenile court. Sessions. Records.

550. The powers of the court of quarter sessions of the peace, as provided for in this act, may be exercised by any one or more judges of such court, who may be assigned for the purpose at a session of said court, which shall be known as the juvenile court; and all sessions of such juvenile court shall be held separate and apart from any session of the court held for the purpose of its general criminal or other

I. Act April 23, 1903, Sec. 1, P. L. 274. 2. Act April 23, 1903, Sec. 1, P. L. 274.

business, and the records of the proceedings of such juvenile court shall be kept in a docket, separate from all other proceedings of said court.3

Powers of the court may be exercised. Petition of citizen.

551. The powers of the court may be exercised:

(1.) Upon the petition of any citizen, resident of the county, setting forth that a child is neglected, dependent or delinquent, and is in need of the care and protection of the court.

Certificate of magistrate or justice of the peace.

552. (2.) Whenever any magistrate or justice of the peace, in committing a child, arrested for an indictable of fense, shall certify that, in his opinion, the good of the child and the interests of the state do not require a prosecution upon an indictment, under the criminal laws of the Commonwealth.

Certificate of the district attorney.

553 (3) Whenever, after return made by a magistrate of the proceedings, upon the arrest of such delinquent child for an indictable offense, the district attorney of the county, either before or after the indictment, shall certify that, in his opinion, the good of the child and the interest of the state do not require a prosecution upon an indictment, under the criminal laws of this Commonwealth.

Action of the judge.

554. (4) Whenever, upon the trial of any indictment of such delinquent child, the judge trying the cause is of opinion that the good of the child and the interests of the state do not require a conviction under the criminal laws of this Commonwealth.4

Power of the judge. Custody and control of the child.

555. Upon the filing of any petition, as above set forth, or whenever the jurisdiction of the court has attached by the filing of a certificate of a magistrate or justice of the peace, or of the district attorney, or by the action of a judge, as above

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set forth, it shall be within the power of the judge, holding said juvenile court, to make all necessary orders for compelling the production of such child, and the attendance of the parents and all persons having the custody or control of the child, or with whom the child may be; and pending the final disposition of any case, the child shall be subject to the order of the court, and may be permitted to remain in the control of its parents or the person having it in charge, or of the probation officer, or may be kept in some place provided by the state or county authorities, or by any association having for one of its objects the care of delinquent or neglected children, as the court may order.5

Appointment of probation officers. Duties of.

556. The court shall appoint or designate one or more discreet persons, of good character, to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation from the public treasury; and it shall be the duty of all probation officers, so appointed, to make such investigations as may be required by the court, to be present in court when the case is heard, and to furnish to the court such information and assistance as the judge may require, and to take such charge of any child, before and after trial, as may be directed by the court." Commitment of child. Order on parents or guardians.

557. At the hearing, the judge or judges holding such session of the court, shall determine, after an inquiry into the facts, what order for the commitment and custody and care of the child, the child's own good and the best interests of the state may require; and may commit such child to the care of its parents, subject to the supervision of a probation officer, or to some suitable institution, or the care of some reputable citizen of good moral character, or to the care of some training school, or to an industrial school, or the care of some association willing to receive it; and in either such case it shall be within the power of the court to make an order upon the parent or parents of any such

5. Act April 23. 1903, Sec. 2, P. L. 274. 6. Act April 23, 1903, Sec. 3, P. L. 274.

child to contribute to the support of the child, such sum as the court may determine."

Proviso. Discharge from reformatory institution. Record.

558. It being further provided that, in all cases in which a delinquent child shall be committed to the care of a reformatory institution, when such child shall be discharged from such institution, the court shall be duly advised thereof, and a record of such discharge shall be kept in the juvenile court docket.

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Guardianship. Legal adoption. Guardianship not to include estate. 559. In any case where the court shall award a dependent child to the care of any association or individual, in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may, by its or his attorney or agent, appear in any court where such proceedings are pending and assent to sueh adoption. And such assent shall be sufficient to authorize the court to enter the proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child." Care of the child.

560. In the case of a delinquent child, the court may continue the hearing from time to time; and may commit the child to the care and guardianship of a probation officer, duly appointed by the court, and may allow said child to remain in its own home, subject to the visitation of the probation officer, such child to report to the probation officer as often as may be required, and subject to be returned to the court, for further proceedings, whenever such action. may appear to be necessary; or the court may commit the child to the care and guardianship of the probation officer,

7. Act April 23, 1903, Sec. 4, P. L. 274.

8. Act April 23, 1903, Sec. 4, P. L. 274.

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to be placed in a suitable family home, subject to the supervision of such probation officer; or it may authorize the said probation officer to board out the said child in some. suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board of such child, until a suitable provision may be made for the child in a home without such payment; or the court may commit the child to a suitable institution for the care of delinquent children, or to any society, duly incorporated, having for one of its objects the protection of dependent or delinquent children.'

Unlawful to confine child in jail, police station, etc.

561. No child, pending a hearing under the provisions of this act, shall be held in confinement in any county or other jail, police station, or in any institution to which adult convicts are sentenced."

Limit of commitment.

562. No order for the commitment of any child, in any proceedings had under this act, shall extend to a period beyond when such child shall attain the age of twenty-one years."

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Religious belief.

563. The court, in making all orders for the commitment of children, shall place them, as far as possible, in care and custody of persons having the same religious belief as the parents of the child, or with some association which is controlled by persons of such religious belief; and shall, as far as possible, provide, in making orders of commitment, that the care, custody and discipline of the child shall be as nearly as possible that which should be given by its parents. 13 Approved family home.

564. In all cases where it can properly be done, the child shall be placed in an approved family home, and become a member of the family by legal adoption or otherwise.14

10. Act April 23, 1903, Sec. 6, P. L. 274. II. Act April 23, 1903, Sec. 7, P. L. 274. 12. Act April 23, 1903, Sec. 8, P. L. 274. 13. Act April 23, 1903, Sec. 9, P. L. 274. 14. Act April 23, 1903, Sec. 9, P. L. 274.

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