Page images
PDF
EPUB

Chapter 333,

has been made, and take such action as the facts then existing shall warrant. All findings and orders provided for herein may be made upon the written reports of official investigators, with like effect as if based upon competent testimony given in open court.

[blocks in formation]

Section 6. In counties having over 330,000 population the judge Laws 1919, of the juvenile court may appoint one or more persons for the investigaPage 354. tion of applications for allowances under this act, whose duty it shall be As Amended to visit the homes of the applicants and ascertain all the relevant facts By Chapter 316 Laws 1921 and circumstances, including the facts specified in the preceding action, Page 386 and make report in such form as the court may require. Each person so appointed shall receive such salary not exceeding $1,400 per annum as shall be fixed by a majority of the judges of the district court and approved by the county board. Such salary shall be paid in semi-monthly installments out of the county treasury, together with all expenses certified by the judge to have been necessarily incurred by them in the performance of their duties.

Section 6-a. In counties having over 200,000 and not to exceed 330,000 population the judge of the juvenile court may appoint one or more persons for the investigation of application for allowances under this act, whose duty it shall be to visit the homes of the applicants and ascertain all the relevant facts and circumstances including the facts specified in the preceding section and make report in such form as the court may require. Each person so appointed shall receive a salary of $1,300 per annum, to be paid in monthly installments out of the county treasury, together with all actual expenses certified by the judge to have been necessarily incurred by them in the performance of their duties; provided, however, that the judge may designate by order one investigator to have general charge of the work of all persons so appointed, which person shall receive a salary of $1,560 per annum, together with necessary expenses, to be paid as aforesaid.*

Sec. 7. Reconsideration upon complaint-appeal. — Upon complaint being made to the county attorney by a taxpayer of the county that any person is unlawfully receiving an allowance out of the county funds on account of an alleged dependent child it shall be the duty of the county attorney to investigate such complaint and if he finds it to have probable cause to bring it to the attention of the court by appropriate proceedings. The court shall hear such evidence and argument as shall be offered and shall thereupon make its order confirming, modi

*Sections 6 and 6-a were amended by Chapter 316, General Laws 1921, as to the salaries of the investigators and the amendments are incorporated in the sections as printed above.

fying or setting aside the order complained of, from which decision an appeal may be taken as in a civil action.

Sec. 8. What property a bar. The ownership by a mother of personal property of the value of one hundred dollars, exclusive of appropriate clothing and household furniture and of such tools, implements and domestic animals as in the opinion of the court it is expedient to retain for the purpose of reducing the expense or increasing the income of the family; or of real estate not used as a home; or of real estate, when used as a home, of a value disproportionate to the actual needs of the family, shall be a bar to any allowance under this act.

Sec. 9. Terms defined. The word "husband" in this act may denote either the father of a dependent child or a step-father of whose family the child is or has been a member. The word "mother" may denote either the mother or a step-mother of whose family the child is a member.

Sec. 10. Allowance to grandmother. Whenever the court shall be of the opinion that the welfare of a dependent child will be best served by permitting him to live in the family of his grandmother, all the provisions of this act shall be so construed as to apply to such grandmother and her husband in like manner as to the mother and her husband.

Sec. 11. Fraud. Any person fraudently procuring or attempting to procure an allowance under this act for a person not entitled thereto, by any act which does not constitute a felony, shall be guilty of a misdemeanor.

Sec. 12. Duties of Board of Control.-It shall be the duty of the state board of control to promote efficiency and uniformity in the administration of this act. To that end it shall advise and co-operate with courts and shall supervise and direct county child welfare boards with respect to methods of investigation, oversight and record-keeping; shall devise, recommend and distribute blank forms; shall by its agents visit and inspect families to which allowances have been made; shall have access to all records and other data kept by courts and other agencies concerning such allowances; and may require such reports from clerks of the courts, child welfare boards, probation officers and other official investigators as it shall deem necessary.

Sec. 13. Payments reported to state officers-state to allow one-third.-During the month of January in each year the county. auditor shall certify under oath, in duplicate, to the state auditor and the state board of control the amount paid out by the county during the preceding calendar year for allowances under this act; and if the board. of control shall approve the same it shall cause its approval to be in

dorsed by its chairman on the certificate received by the state auditor; whereupon the state auditor shall draw his warrant to the county treasurer for one-third of the amount so certified to have been paid out by the county and the state treasurer shall pay the same and the county treasurer shall credit the sum so paid to the general revenue fund of the county.

Sec. 14. Improper administration-duty of Board of Control. If in any county this act shall be unlawfully or improvidently administered or if any of the agencies administering it shall wrongfully refuse to co-operate with the state board of control as provided in section 12, the board may refuse to approve and indorse the certificate of disbursements provided for in section 13. Such refusal shall be subject to judicial review upon appropriate proceedings.

Sec. 15. Purpose of act to be liberally construed. This act shall be liberally construed with a view to accomplishing its purpose, which is hereby declared to be to enable the state and its several counties to co-operate with responsible mothers in rearing future citizens, when such co-operation is necessary on account of relatively permanent conditions, in order to keep the mother and children together in the same household, reasonably safeguard the health of the mother and secure to the children during their tender years her personal care and training.

Sec. 16. Action against relative preserved. Nothing herein. shall be deemed to be inconsistent with any right of action against a relative of a poor person conferred by sections 3067 and 3068, General Statutes, 1913.

Sec. 17. Orders made under former law. All orders of court granting county aid to mothers of dependent children under the provision of chapter 130, laws 1913, (being sections 7197, 7198 and 7199, General Statutes, 1913), in force when this act takes effect, shall continue in force until confirmed, modified or set aside pursuant to the provisions of this act.

Sec. 18. Sections 7197, 7198 and 7199, General Statutes, 1913, are hereby repealed.

Sec. 19. This act shall take effect and be in force from and after the first day of January, 1918.

Chapter 3,

[blocks in formation]

An act authorizing boards of county commissioners in counties now Laws 1915, having or hereafter having a population of over 200,000 and not over Page 6. 300,000 inhabitants to issue bonds for the purchase, erection and equipment of homes for boys or girls in connection with the juvenile court.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Bond issue of $15,000 authorized for home for girls and boys. For the purpose of providing funds for the purchase, erection and equipment of homes for boys and girls in connection with the juvenile court pursuant to the provisions of Chapter 83, of the General Laws of Minnesota, for the year 1913, the board of county commissioners in counties of this state now or hereafter having a population of over 200,000 and not over 300,000 inhabitants, is hereby authorized to issue, by resolution duly passed, and to sell not to exceed fifteen thousand dollars ($15,000) par value of the bonds of such counties.

Sec. 2. Term of bonds and rates of interest.-No bond or bonds shall be issued under the authority of this act to run for a longer term than (5) years or bearing a higher rate of interest than five per cent (5 per cent) per annum. The bond or bonds to be issued hereunder shall be, subject to the limitations herein expressed in such form and for such amount or amounts, at such a rate of interest, for such a period and shall be payable at such place as the board of county commissioners shall determine. Such bond or bonds shall be signed by the chairman of the board of county commissioners and shall be attested by the county auditor.

Sec. 3. This act shall take effect and be in force from and after its passage.

An act providing for the commitment of children convicted of crime Chapter 266, to the state training school for boys and the home school for girls, and Laws 1917, repealing Section 8503, General Statutes, 1913. Page 405.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Commitment of child to state training school upon conviction of crime.-Whenever a juvenile court acquires jurisdiction of a child twelve years of age or over, who is charged with delinquency, and transfers such child to a justice, municipal, or district court to be tried for a crime, the trial court, upon conviction, may commit such child to the state training school for boys or the Minnesota home school for girls.

Sec. 2. Section 8503, General Statutes, 1913, is hereby repealed. An act to amend Section 7431, General Statutes, 1913, relating to the termination of the guardianship of a female ward by her marriage. Be it enacted by the Legislature of the State of Minnesota:

Section 1. When guardianship of female ward terminates by marriage. Section 7431, General Statutes, 1913, is hereby amended so as to read as follows:

[ocr errors]

Chapter 344,

Section 7431. The marriage of a female ward under guardianship as a minor shall terminate such guardianship; provided that this section shall not apply to any person under guardianship on account of delinquency by order of a juvenile court.

C. Probate Court.*

1. Proceedings for commitment of defectives.

An act providing for the examination, commitment, care and mainLaws 1917, tenance, release and discharge of persons alleged to be feeble minded, Page 484. inebriate or insane, and to repeal Sections 4111 to 4126 inclusive, and Section 7464 to 7489 inclusive, General Statutes, 1913.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Definitions.-The word "defective" as used in this act shall include the feeble-minded, the inebriate and the insane. The term "feeble-minded persons" in this act means any person, minor or adult, other than an insane person, who is so mentally defective as to be incapable of managing himself and his affairs, and to require supervision, control and care for his own or the public welfare. The term "inebriate" as used in this act means any person incapable of managing himself or his affairs by reason of the habitual and excessive use of intoxicating liquors, drugs or other narcotics. The term "insane” as used in this act means any person of unsound mind other than one who may be properly described as only an inebriate or feeble-minded person.

Sec. 2. Voluntary Admission. Any person who is defective and who desires to receive treatment at a state institution may voluntarily make application to the state board of control for admission thereto, in such form and manner as may be prescribed by the board, and the board may thereupon grant to such applicant admission to the appropriate state institution.

Sec. 3. Detention and examination of voluntary patients. -The superintendent of any state institution for defectives is authorized and empowered to detain any person admitted upon his own application as though he had been committed in the manner hereinafter provided, unless otherwise discharged by order of the court. If any such person demand his release from such institution, the superintendent thereof shall, if he deems such release unsafe, within three days thereafter file a verified petition with the judge of probate of the county in which the institution is located, praying for the commitment of such defective as herein after provided.

Sec. 4. Petition. When any person residing in this state shall be supposed to be defective any relative, guardian or reputable citizen of the *When not acting as a juvenile court.

« PreviousContinue »