(4) In the trial in a juvenile court of any dependent or delinquent child, any person interested may demand a jury of six persons, or the judge of his own motion may order such jury, to try the case. Such jury shall be obtained and the trial shall proceed in the manner provided in sections 4750 to 4758, both inclusive. [Stats. 1917 s. 273-1 subs. 1 to 3, 573-2 subs. 1 to 3, 3m, 7; 1919 c. 614 s. 2.] 48.02 Appointment and compensation of probation officers. (1) In counties whose population is one hundred fifty thousand or over the judges of the several courts of record shall in each odd-numbered year appoint, for a term commencing on the first day of July in said year, a chief probation officer and three or more probation officers of the juvenile court, at least one of whom shall be a woman over twenty-five years of age. (2) In counties having less than one hundred and fifty thousand population the county board may, in its discretion, provide for the appointment of one or more probation officers; and in case such provision is made the judge of the juvenile court shall biennially appoint such officer or officers, to serve in said court. (3) In case of the absence or disability of any of said probation officers for any period of more than three weeks the judge of the juvenile court shall designate some competent person, having the qualifications of an original appointee to act as probationer officer during such period. (4) Such probation officers and temporary substitutes shall receive such annual salary for their services as shall be fixed by the county board; which shall be payable monthly by the county in which such juvenile court is situated. A reasonable amount for postage and stationery shall be allowed to the probation office upon requisition therefor made to the county clerk. (5) Any probation officer or his substitute may be removed, by the judge or judges by whom he was apppointed, for incompetence, or wilful or habitual neglect to perform the duties of his office. [Stats. 1917 s. 573-2 subs. 4 to 6; 1919 c. 614 s. 8.] 48.03 Duties of probation officers. (1) In counties where a chief probation officer is appointed, said officer shall have office hours daily during the same hours as the clerk of the courts, in an office which shall be furnished and equipped for the use of said officer and his assistants by the county board in the building in which said juvenile court is held. (2) The said chief probation officer shall attend all sessions of the juvenile court, and take such action as shall be for the best interests of the children brought before such court; know before each session of the juvenile court the full list of cases to appear before the court, and secure before trial such investigation of the conditions surrounding each child's life, as shall be necessary for the protection of the child in court; receive all persons having business before the juvenile court and assist them in procuring necessary and suitable papers, and in general, advise all persons needing information in regard to cases in which children are concerned, and assist in the proper disposition of such matters coming before the courts; supervise the work of all probation officers appointed to serve the court and receive and file in his office, in systematic order, their monthly and final reports; and supervise the records of the probation office. But it shall not be part of the duties of such chief probation officer to visit families or to perform the ordinary duties of a probation officer especially appointed for an individual child. (3) Every other salaried probation officer shall attend all sessions of the juvenile court; perform such work of investigation and office work pertaining to said court, as the chief probation officer or the judge may direct; and act as probationer officer for an individual child when appointment to such case is made by the court, such duty to be performed in the same manner as prescribed for special probation officers. (4) Salaried probation officers shall have the powers of police officers and deputy sheriffs for the purpose of apprehending dependent, neglected and delinquent children. [Stats. 1917 s. 573-3 subs. 3 to 6; 1919 c. 614 s. 9.] 48.04 Special probation officers; duties. (1) The juvenile court may appoint one or more persons to serve, without compensation, as special probation officers during the pleasure of the court. Whenever any child is to be brought before the court the clerk shall, if practicable, notify any such special probation officer, if one has been appointed, in advance; and said probation officer shall make such investigation as may be required by the court, be present in court to represent the child, when the case is heard, furnish the court such information and assistance as the judge may require, and take such charge of the child before and after trial as may be directed by the court. (2) Any probation officer appointed for a particular child shall become thoroughly conversant with the conditions surrounding the child; be ready to report upon the child's progress at any time until dismissed from the case; and file with the chief probation officer or the court at least monthly, and at such other times as may be required, written, particularized reports in regard to the case. [Stats. 1917 s. 573-3 subs. 1, 2; 1919 c. 614 s. 10.] SUPERVISION AND CUSTODY OF JUVENILES. 48.05 Children not to be sent to the poorhouse; crippled children. (1) No child under sixteen years of age shall be sent as a poor person to any county poorhouse for support and care; but the county superintendents or other officers having the care of the poor shall bring all such cases, when brought to their notice, into the juvenile court in the manner provided in section 48.06. (2) The juvenile court may commit any child deformed or physically defective at the time of birth, or cause such child to be committed, to the state public school, or to such other appropriate hospital as the court may determine, for surgical or other treatment and care whenever in its judgment such child would be benefited thereby and such treatment has not been or is not likely to be otherwise provided. [Stats. 561j sub. (13m), 1527; 1919 c. 614 s. 11.] 48.06 Petition and summons for commitment. (1) Any resident of any county, having knowledge of a child in said county who appears to be either neglected, dependent, or delinquent, may file with the juvenile court a verified petition setting forth the facts. The person making such affidavit shall suffer no personal risk greater than when the proceeding is upon warrant, providing said affidavit is made in good faith. (2) Upon the filing of the petition, a summons shall issue from the court, requiring the person having custody or control of the child, or with whom the child may be, to appear with the child at the place and time stated in the summons, which time shall be not less than twenty-four hours after service. The parents of the child, if living, and their residence known, or its legal guardian if one there be, or if there is neither parent nor guardian, or if his or her residence is not known, then some relative if there be one and his residence is known, shall be notified of the proceedings, and in any case the judge may appoint some suitable person to act in behalf of the child. If the person summoned as herein provided shall fail without reasonable cause to appear and abide the order of the court, or to bring the child, he may be proceeded against as in case of contempt of court. (3) In case the summons cannot be served, or the party served fails to obey the same, and in any case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may be issued on the order of the court, either against the parent, or guardian, or the person having custody of the child, or with whom the child may be, or against the child itself, to take and bring such person before the court. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner, subject to the provisions of subsection 4. (4) In case the summons or notice of hearing cannot be served upon and there shall be no appearance at the hearing in said proceeding by the parents, legal guardian or other person entitled to the custody of such child, no order shall be entered permanently depriving such person of the care and custody of such child, except upon publication of notice and hearing by the juvenile court in the manner provided by section 4022; but the court may make a temporary disposition of the case as provided in section 48.07. [Stats. 1917 s. 573-4, 573-5 subs. 1 to 2a; 1919 c. 614 s. 11.] 48.07 Disposition of dependent and neglected children. (1) When any such child shall be found to be dependent or neglected the court may make an order committing the child to the care, custody and guardianship of some suitable state or county institution as provided by law, or to the care, custody and guardianship of some incorporated association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children; or the court may make a temporary disposition of such case by placing such child in the care and custody of the probation officer or of some suitable person or institution for such period of time as the court shall see fit, not exceeding three months at one time, not exceeding, however, a total period of one year, during which the parent or other person from whose custody such child is taken may be put upon probation and required to report to the court. (2) If it shall appear to the court, during such period of probation, that the conditions have ceased to exist which caused such child to be dependent or neglected, and that it will be for the best interests of the child to be returned to the parent or person from whom he was taken, the court may release such child to the care and custody of such parent or other person and may dismiss the proceeding or extend the period of probation pending final disposition of the case. (3) During such period of probation the county shall be liable for the reasonable expense of the maintenance of such child, such expense to be definitely fixed by order of the court, but the court may, as a part of the conditions of probation, require any person who is before the court and who is legally liable for such support to pay in the first instance or to refund to the county all or any part of such cost of maintenance. [Stats. 1917 s. 573-5 subs. 3 to 5; 1919 c. 614 s. 13.] |