"Dependent child" defined.

"Neglected child."

"Delinquent child,"

amended by act number sixteen of the public acts of nineteen hundred twenty-one, first extra session, and act number twenty-four of the public acts of nineteen hundred twentyone, first extra session, are hereby amended to read as follows:

TITLE.

An Act to define and regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees and to prescribe their powers, duties and compensation and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court.

SEC. 1. For the purpose of this act the words "dependent child" shall mean any child under the age of seventeen years who for any reason is destitute, or homeless, or abandoned, or dependent upon private charity or upon the public for support, or whose mother is unmarried, or is divorced, or is a widow or has been deserted by her husband for a period of longer than six months or if her husband has been declared insane, or is feeble-minded or epileptic, or paralytic, or blind and is confined in a state hospital or other state institution, and is poor and unable to properly care for and support said child. For the purpose of this act the words "neglected child" shall mean any child who has not proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house of ill fame, or with any vicious or disreputable person, or whose home by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child; and any child under the age of twelve years who is found begging, peddling or singing or playing any musical instrument as a business, or who accompanies or is used in the aid of any person so doing. For the purpose of this act the words "delinquent child" shall include any boy or girl under seventeen years of age, who violates any law of this state, or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated, er who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool room or bucket shop, or who wanders about the streets in the night time without being on any lawful business or occupation, or who habitually wanders about any railroad yard or track, or jumps or hooks on to any moving

train or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct in any public place or about any school house; every child who is vicious, incorrigible, or immoral in conduct, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who runs away from his or her home, or place where he or she is lawfully employed. Any child committing any of the acts herein mentioned shall Juvenile de be deemed a juvenile delinquent person and shall be proceeded linquent, who against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such case, shall not, in any civil, criminal or any 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.

deemed.

when to

SEC. 5. Upon the filing with the court of a sworn petition Investigation setting forth upon knowledge or upon information and belief, and report. the facts showing that any child resident in said county is a delinquent, dependent, or neglected child within the meaning of section one of this act, the court shall, before any further proceeding is had in the matter, give notice thereof to said county agent or to a duly appointed probation officer who shall have opportunity allowed him to investigate the facts and circumstances surrounding the case, and upon receiving such notice the said officer shall immediately proceed to inquire into and make a full examination and investigation of the parentage and surroundings of the child and of all the facts and circumstances of the case, and report the same to the said court in writing. If, after a full examination and Summons, investigation, it shall appear to the court that the public issue. interest and the interest of the child will be best subserved thereby, a summons shall issue reciting the substance of the petition and requiring the person having the custody or control of the child, or with whom the child may be, to appear with the child at a place and time which shall be stated in the summons, and if such person is other than the parent or guardian of such child, then said parent or guardian if they can be found in the county shall be notified of the pendency of the case. The county agent or probation officer making the County agent preliminary examination and investigation shall whenever required by the court attend said trial and act as custodian of said child. When said parents or guardians are non- Notice to residents of the county or cannot be found, notice may be non-residents. given by publication once in each week for three successive weeks, as provided by law in the case of other probate notices. If any person so summoned as herein provided shall fail, with- Failure to out reasonable cause, to appear with the child and abide the order of the court, he may be proceeded against for contempt of court under and in accordance with the provisions of chapter five of act three hundred fourteen "The judicature

to attend.

appear.

When summons not served, etc.

Detention.

Hearing.

act of nineteen hundred fifteen," and said court shall also have the power to punish for contempt of court any person who wilfully violates, neglects or refuses to obey and perform any order said court has made in the enforcement of the provisions of this act. In case the summons cannot be served or parties fail to obey the summons, and in any case upon the filing of the sworn petition when it shall appear to the court from affidavit on oath and in writing, or from testimony taken in open court that such summons will be ineffectual or that it will be for the immediate welfare of the child, a writ may issue reciting the substance of the petition and requiring the officer to whom it is directed to bring such child before the court to be dealt with according to law. After a petition has been filed under the provision of this act, the child may be ordered detained in the juvenile detention home or mitted to the care of the county agent or probation officer or such other person as the court may designate pending the final disposition of the case. On return of the summons or writ or as soon thereafter as may be the court shall proceed to hear and dispose of the case upon such testimony as may be produced, and if the allegations contained in said petition are proved, the court may adjudge said child a delinquent, dependent or neglected child as the case may be; and if it shall appear to the court that the public interest and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents or guardian or friends; and if the offense be malicious trespass the court may, as a condition of probation, require the damage to be made good, or if the offense be larceny and the stolen property be not restored, the court as a condition of probation may require it to be paid for by the child if it be shown that he is capable of earning the money or has money of his own, and the court may place the child on probation as hereinafter provided, and in all cases the court may decree the child found delinquent, dependent or neglected, to be the ward of the court as far as its person is concerned, and in such cases where any child has been decreed to be a ward of the court, the authority of the court over its person shall continue until the court shall otherwise decree. In counties having a population of not less than three hundred fifty thousand inhabitants the judge of probate may appoint the register of probate or a deputy probate register of his court as register of the juvenile division of the probate court and in counties having a population of not less than twenty thousand inhabitants, nor more than three hundred fifty thousand inhabitants the judge of probate may appoint the register of probate of his court as register of the juvenile division of the probate court, and such register of the juvenile division shall prepare all petitions for investigation, summons, writs and other necessary papers, and he shall exercise and be competent to do all the acts required of the judge of Compensation. probate except judicial acts. Such register so appointed shall

Register of juvenile division.

counties.

officers.

probate.

The Woman pro

receive for his services under this act, in addition to his regular salary, such sum as the board of supervisors shall fix: Provided, however, That in counties having a population Proviso, of one hundred fifty thousand and not more than three hun- certain dred fifty thousand inhabitants the compensation shall not be less than five hundred dollars annually. The judge of probate in each county may appoint one or more discreet persons of good character, other than the county agent, to act as probation officers, who shall receive such compensation as the board of supervisors may appropriate for that purpose. The judge of probate may also appoint other probation Probation officers who shall receive no compensation from the public treasury for the duties performed under such appointment. It shall be the duty of the judge of probate to notify the state Duty of welfare commission of the appointment of all probation offi- judge of cers made by him under the provisions of this act. All probation officers shall hold office during the pleasure of the court and shall report to the said court upon all cases under their care and also to the state welfare commission. judge of probate may designate a woman probation officer to bation officer. act as referee in taking the testimony of witnesses and hearing the statements of parties in those matters where girls are exclusively involved, and upon the hearing of petitions alleging dependency, where there is no objection by parties in interest. The probation officer so designated shall take and Oath of subscribe the oath of office provided by the constitution and office. shall have authority to administer oaths and examine witnesses, and shall in all cases referred to her for hearing and taking of testimony make a written report to the judge of probate in writing and signed by her, which report shall contain a summary of the testimony taken, together with a recommendation for the court's findings and disposition in such matters. The child found delinquent may be placed on Probationary probation for such time and upon such conditions as the term, etc. court may determine, and such child so released on probation may be furnished with a written statement of terms and conditions of release. At any time during the probationary Revocation, term of a child released on probation as aforesaid the court etc. may in its discretion revoke or terminate such probation, and if the child be found to be wilfully wayward and unmanageable, and in any case upon the adjudication of delinquency, if, in the judgment of the court, the welfare of the child and

the interests of the public require, the court may cause him Commitment. or her to be sent to the industrial school for boys at Lansing, or the industrial home for girls at Adrian, or to any state or public institution authorized by law to receive such boy or girl, subject to such conditions of sex, age and character of offense for which committed, and duration of commitment, as is or may be provided by law for the reception of children in said school, home or institution, or to any duly incorporated and licensed society, asylum, hospital or home in this state.

to accompany child.

Report, etc.. In such case a duly exemplified copy of the petition, order or disposition in the case, and report of the county agent or probation officer shall accompany said child to the said institution, and the child shall be placed in the care of the county agent, juvenile matron or some reliable person designated by the court, other than the sheriff, to be conveyed to the institution, for which services the same compensation shall be allowed as is paid sheriffs in like cases.

Arrest of child under seventeen,

SEC. 6. Whenever any child under the age of seventeen years is arrested with or without a warrant, such child shall hearing, etc. be taken immediately before the juvenile division of the probate court, and the officer making the arrest shall immediately make and file or cause to be made and filed a petition against such child as hereinbefore provided; and the said court shall proceed to hear and determine the matter in like manner as herein before provided. If, during the pendency of any criminal case against any child in any court in this state having criminal jurisdiction, it shall be ascertained that said child is under the age of seventeen years, it shall be the duty of the court before whom such case is pending to immediately transfer such case, together with all papers connected therewith, to the juvenile division of the probate court: Provided, however, That in any case where a child over the age of fifteen years is charged with a felony, the judge of probate may, after investigation and examination, and upon motion of the prosecuting attorney, waive jurisdiction; whereupon it shall be lawful to try such child in the court having general criminal jurisdiction of such offense. Approved May 2, 1923.

Proviso, jurisdiction waived.

Ferry line established.

Boats, etc.,

etc.

[No. 106.]

AN ACT to authorize the establishment and maintenance of a ferry service across the straits of Mackinac as a part of the highway system of the state.

The People of the State of Michigan enact:

SECTION 1. It shall be the duty of the highway commissioner to operate a ferry line as a part of the highway system of the state across the straits of Mackinac for the purpose of transporting vehicles, freight and passengers between the upper and lower peninsulas.

SEC. 2. Suitable boats, docks or landings shall be secured may purchase, by said commissioner through purchase, lease, condemnation or agreement, so as to adequately accommodate highway traffic across such straits.

Supervision

of.

SEC. 3. The installation of such service and its maintenance and operation shall be subject to the supervision of