CHAPTER 419

An Act to amend and reenact §§ 16-172.1, 16-172.4, 16-172.6, 16-172.7,
16-172.9, 16-172.11, 16-172.17, 16-172. 28, 16-172.25, 16-172. 80, 16-
172.31, 16-172. 83, 16-172. 88, 16-172. 89, 16-172.42, 16-172. 48, 16-172. 44,
16-1 72.49, 16-1 72.51, 16-1 72.52, 16-1 72.60, 16-172.65, 16-172.66, 16-
172.67, 16-172.69, 16-172.70, 16-172.71, 16-172.75, 16-172.77, 16-172.78,
16-172.79 and 16-172.80 of the Code of Virginia, relating to the purpose
and intent of the juvenile and domestic relations law, to juvenile and
domestic relations courts, judiciary and officials, to jurisdiction, prac-
tice and procedure of such courts, to commitments and arrests and de-
tention of juveniles, and to the probation officers of such courts; to
repeal § 16-172.73 of the Code of Virginia, relating to local super-
intendents as probation officers and to appropriate funds. g

| [(S 297]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:
1. That §§ 16-172.1, 16-172.4, 16-172.6, 16-172.7, 16-172.9, 16-172.11, 16-
172.17, 16-172.23, 16-172. 25, 16-172. 30, 16-172. 31, 16-172. 33, 16-172. 38, 16-
172.39; 16-172.42, 16-172. 43, 16-172. 4A. 16-172. 49, 16-172.51, 16-172. 52, 16-
172.60, 16-172.65, 16-172.66, 16-172.67, 16-172.69, 16-172.70, 16-172.71,
16-172.75, 16-172.77, 16-172.78, 16-172.79, and 16-172.80 of the Code of
Virginia be amended and reenacted as follows:
§ 16-172.1. This law shall be construed liberally and as remedial in
character; and the powers hereby conferred are intended to be general to
effect the beneficial purposes herein set forth. It is the intention of this
law that in all proceedings concerning the disposition, custody or control
of children coming within the provisions hereof, the court shall proceed
upon the theory that the welfare of the child is the paramount concern of
the State and to the end this humane purpose may be attained, the judge
shall possess all necessary and incidental powers and authority, whether
legal or equitable in their nature.

A child coming within the purview of this law, whose custody the
court assumes, shall be * for his or her minority * subject to such watch-
ful care, custody, discipline, supervision, guardianship and control as may
be conducive to the welfare of the child and the best interests of the State.

§ 16-172.4. In every county and in every city of the State there shall
be a juvenile and domestic relations court. In all counties * the judge of
said court shall be appointed for a term of four years by the judge of the
circuit court of the judicial circuit within which such county * is situated.
If otherwise qualified he * may be the same person as the trial justice of
such county*. In the cities * the judge of such court shall be appointed
by the judge of the hustings or corporation court for a term of six years;
or if there be two or more courts of record in such city then by a majority
vote of all the judges of the courts of record therein; provided, however,
that when the qualification and appointment of any such judge is provided
for by charter prior to January one, nineteen hundred fifty-two, of any
city, such judge may take office under the provisions of such charter, in the
discretion of the governing body of such city. In the case of a tie vote
then the appointment shall be made by the Governor. If there be no
hustings or corporation court in the city, then the appointment shall be
made by the judge of the circuit court for the city. Each such court and
the judge thereof shall have and exercise within the territorial jurisdiction
thereof, the powers and duties hereinafter conferred upon them.

In cities of less than fifty thousand population the police justice, civil
justice or civil and police justice of such city if otherwise qualified, shall
be eligible for appointment as judge of the juvenile and domestic relations
court.

§ 16-172.6. In cities having a population of one hundred ninety thous-
and or more, there * may be an associate judge of the juvenile court to
assist the judge thereof in the exercise of powers and jurisdiction conferred
on such court and in performing the duties thereof. All the provisions of
the law concerning the qualification, appointment and removal of the
judge of the court, his term of office and filling a vacancy therein, shall
apply in all respects to the associate judge. The salary of the associate
judge shall be fixed and paid in the same manner as the salary of the judge
is fixed and paid and the city shall be entitled to the same reimbursement
from the State on account of the salary paid the associate judge. Appeals
from the judgments of the associate judge shall lie to the same courts and
under the same circumstances and conditions as provided by law for ap-
peals from the juvenile court. Neither the judge nor an associate judge of
the juvenile court in any city having a population of more than one hun-
dred twenty-five thousand shall engage in the private practice of the law.

§ 16-172.7. * All judges elected or appointed under this law shall
enter upon the discharge of their duties * within thirty days from their
election or appointment * or upon expiration of the terms of office of the
incumbents whichever is later.

§ 16-172.9. The judge or judges of each city or county who have
authority to appoint the several juvenile judges shall by proper order of
record appoint, upon the recommendation of the judge of the juvenile and
domestic relations court, as a substitute judge for each judge and associate
judge of such court, a discreet and competent person or persons and may
at any time revoke the appointment and make a new appointment in like
manner in the event of revocation or of the resignation, death, absence
or disability of * a substitute judge. In the event the police justice, civil
justice, civil and police justice, judge of a county court or trial justice is
appointed juvenile and domestic relations court judge, then the substitute
police justice, civil justice, civil and police justice, judge of a county court
or trial justice shall be substitute judge of the juvenile and domestic rela-
tions court. In the event of the absence or disability of the judge or asso-
ciate judge of the juvenile and domestic relations court to perform the
duties of his office or the impropriety of his acting, the substitute judge or
judges shall perform the duties and possess the powers of the judge or
judges during such periods and in the event of the resignation, death, re-
moval or permanent disability of the judge or associate judge the substitute
Judge 4 judges shall act until a successor has been appointed and has
qualified.

In the event a judge, his associates and their substitutes are disquali-
fied, the judge of a court of record of an adjoining county or city empowered
under § 16-172.4 to appoint judges may upon request of the disqualified
judge appoint a judge of his county or city to hear and dispose of the
matter for the hearing of which the judges were disqualified.

16-172.11. The judge of the juvenile court of any county or city
shall have the power to appoint a clerk and a bailiff, and with the approval
of the governing body of such city such other employees as may be neces-
sary for the proper conduct of his court. In the cities, the compensation
that such clerk, bailiff and other employees receive for their services shall
. xed by the local governing body of the city and paid out of the treasury

ereof.

In the counties, in event that the trial justice is appointed judge of
the juvenile and domestic relations court, the clerk and other employees
of the trial justice court, shall serve also the juvenile and domestic rela-
tions court.

The clerk shall keep the court docket and accounts and shall perform
such other duties as the judge of the court may prescribe.

The bailiff shall have charge of the courtroom and the offices connected
therewith, and he shall be held responsible for the safekeeping and proper
protection of the furniture and other property contained therein. He shall
have charge of the cleaning, warming and lighting of the courtroom and
offices. He shall attend sessions of the court and shall perform such other
services as may be required of him by the judge. The bailiff shall have
the power and authority of a police officer.

§ 16-172.17. Each clerk, deputy clerk, and any other officer of the
court not otherwise bonded, handling funds, shall give bond.*

§ 16-172.23. The judges of the juvenile court elected or appointed
under this law shall be conservators of the peace within the corporate
limits of the cities and the boundaries of the counties for which they are
respectively chosen and within one mile beyond the corporate limits of
such cities.

Except as hereinafter limited they shall have within the corporate
limits of a city or the boundaries of a county in which they sit exclusive
original jurisdiction, and within one mile beyond the corporate limits of
said city concurrent jurisdiction with the juvenile court or courts of the
adjoining county or counties over all cases, matters and proceedings in-
volving:

1. The custody, support, control or disposition of a child:

(a) whose parent or other person legally responsible for the care
and support of such child is unable, or neglects or refuses when able so
to do, to provide proper or necessary support, education as required by
law, or medical, surgical or other care necessary for his well being;

(b) who is without proper parental care, custody or guardianship;
(c) who is abandoned by his parent or parents or other custodian;

(d) whose parent or parents or custodian for good cause desire to
be relieved of his care and custody;

(e) whose custody or support is a subject of controversy, provided
however that in such cases jurisdiction shall be concurrent with and not
sy Dl of courts having equity jurisdiction, as provided in § 16-172.26

ereo

(f ) whose occupation, behavior, environment, condition, association,
habits or practices are injurious to his welfare;

(zg) who deserts, or is a fugitive from his home or who is habitually
disobedient or beyond the control of his parents or other custodian; or is
incorrigible ;

. (h) who being required by law or his parents or custodian to attend
school is a willful and habitual truant therefrom;

(i) who violates any State or Federal law, municipal or county ordi-
nance—provided, however that in violation of Federal law jurisdiction in
such cases shall be concurrent and shall be assumed only if waived by the
Federal court;

(j) whose condition or situation is alleged to be such that his welfare
demands adjudication as to his disposition, control and custody, provided
that jurisdiction in such cases shall be concurrent with and not exclusive
or that of courts having equity jurisdiction, as provided in § 16-172.26

ereo

2. The commitment of a mentally defective or mentally disordered
child who is within the purview of this law. Such commitment shall be
in accordance with the provisions of chapters 3, 6 and 7 of Title 37 of
the Code.

3. Judicial consent to the marriage of a child or minor, or for his
enlistment in the armed forces, or for surgical or medica] treatment for
a child, who has been separated from his parents or guardian and is in
the custody of the court when such consent is required by law..

4. A minor who is charged with having violated, prior to the time
he became eighteen years of age, any State or Federal law, municipal or
county ordinance, provided that jurisdiction in Federal offenses shall be
concurrent with Federal courts and shall be assumed only if waived by
the Federal court. Such minor shall be dealt with under the provisions
of this law relating to juveniles.

An adult or person sixteen years of age or over charged with
deserting, abandoning or failing to provide support for any person in
violation of law.

. The enforcement of any law, regulations, or ordinance for the
education, protection or care of children.

7. The prosecution and punishment of persons charged with ill-treat-
ment, abuse, abandonment or neglect of children or with any violation of
law which causes or tends to cause a child to come within the purview
of this law, or with any other offense against a child except murder and
manslaughter; provided, that in prosecution for other felonies over which
the court shall have jurisdiction, such jurisdiction shall be limited to that
of examining magistrate.

8. All offenses except murder and manslaughter committed by one
member of the family against another member of the family; and the trial
of all criminal warrants in which one member of the family is complainant
against another member of the family, provided, that in prosecution for
other felonies over which the court shall have jurisdiction, said jurisdic-
tion shall be limited to that of examining magistrate. The word “family”
as herein used shall be construed to include husband and wife, parent and
child, brothers and sisters, grandparent and grandchild; and

9. Any violation of law the effect or tendency of which is to cause
or contribute in any way to the disruption of marital relations or a home.

§ 16-172.25. The actual presence in a county or city within the
jurisdiction of the court of any child within the purview of this law or
the place in which the child last resided shall determine the venue of any
proceeding concerning any such child under this law, unless the court
for good cause shall otherwise determine.

§ 16-172.28. Every juvenile court shall keep a separate docket or
order book for the entry of its orders in cases arising under this law and
the trial of all such cases shall be held at a different time from the hearing
of other cases in such courts. The general public shall be excluded from
all juvenile court hearings and only such persons admitted as the judge
shall deem proper. The presence of the child in court may be waived by
the judge at any stage of the proceedings. The records of all such cases,
excepting those involving adults, shall be withheld from public inspection
but * they shall be open to the child’s parents and attorney and to such
other persons as the judge decides, at his discretion, have direct interest
therein.

8 16-172.30. When * the court receives reliable information that any
child or minor is within the purview of this law or subject to the jurisdic-
tion of the court hereunder, except for a minor traffic violation or viola-
tion of the game and fish law, the court shall require an investigation
which may include the physical, mental and social conditions and person-
ality of the child or minor and the facts and circumstances surrounding
the violation of the law. The court may then proceed informally and make
such adjustment as is practicable without a petition or may authorize a
petition to be filed by any person and if any such person does not file a
petition a probation officer or a police officer shall file it; but nothing
herein shall affect the right of any person to file a petition if he so desires.
In case of violation of the traffic laws, or game and fish laws the court
may proceed on any summons issued without the filing of a petition.

§ 16-172.31. The petition may be informal but may be in the following
form and shall contain the facts below indicated:

“Commonwealth of Virginia, Im re...............cccccccecccccccsessceeseessssssseesensees a

(name of child or juvenile)
child or juvenile under eighteen years of age.

“In the Juvenile and Domestic Relations Court of the county (or
CIty) OF... ceesesescecceesceccceeessesccecesssceeecoasseeceesceees reesens ”

(1) Statement of name, age and residence of the child.

(2) Statement of names and residence of his parents.

(3) Statement of name and residence of his legal guardian if there
be one.

(4) Statement of name and residence of the person or persons having
custody or control of the child.

(5) Statement of names and residence of the nearest known relatives
if no parent or guardian can be found.

(6) Statement of the facts which allegedly bring the child within the
purview of this law.

If any of the facts herein required to be stated are not known by the
petitioner the petition shall so state. The petition shall be verified and
may be upon information.

§ 16-172.33. Service of such summons within the county or city shall
be made by delivering to and leaving with the person summoned a true
copy thereof. When process is required outside the county or city, notice
by registered mail with return receipt shall be deemed sufficient notice. If
the child mentioned in the petition is present in court, no summons or other
nin to the child shall be necessary to give the court jurisdiction of the
child.

§ 16-172.38. In no case shall the * hearing proceed until the parent
or parents of the child, if residing within the State, or person or agency
acting in place of parents in case the parents have theretofore been legally
deprived of custody of the child, have been notified, unless the judge shall
certify on his record that diligent efforts have been made to locate and
notify the parent or parents without avail or unless the court shall so
certify that no useful purpose would be served thereby, as set forth in
§ 16-172.82 as amended.

§ 16-172.39. * When no person required to be notified under § 16-172.38
1s present in court at the time of the hearing, the court shall, before pro-
ceeding with the hearing, appoint a probation officer or a discreet and
competent attorney at law * as guardian ad litem to represent the interests
of the child or minor, and such guardian ad litem shall be present at the
hearing.

§ 16-172.42. If a child fourteen years of age or over is charged with
an offense which, if committed by an adult, could be punishable by con-
finement in the penitentiary * the court after full investigation and hearing
may, in its discretion, retain jurisdiction or certify such child for proper
criminal proceedings to the appropriate court of record having criminal
jurisdiction of such offenses if committed by an adult; * provided, however,
that in the event the juvenile court does not so certify a child fourteen
years of age or over, charged with an offense which, if committed by an
adult, would be punishable by death or confinement in the penitentiary
for life or a period of twenty years or more, the Commonwealth’s attorney
of the city or county, if he deems it to the public interest, may present
the case to the grand jury of the proper court of record. If the grand
jury returns a true bill upon such indictment the jurisdiction of the juvenile
court as to such case shall terminate. In no case shall any child under the
age of fourteen be so certified, nor shall any such child be indicted or tried
under the criminal laws of this State. The ages specified in this section
refer to the age of the child or minor at the time of the alleged commission
of the offense. In all cases under this section, the court shall require a
full and complete investigation of the physical, mental and social condition
and personality of the child or minor and the facts and circumstance
surrounding the violation of the law which is the cause of his being before
the court.

§ 16-172.43. * If the court deems that any child or minor before it who
is fourteen years of age or over cannot be adequately controlled or induced
to lead a correct life by use of the various disciplinary and corrective
measures available to the court, then the court may, in such cases, in lieu
of trial of such child or minor under this law send or transfer such juvenile
to the appropriate court having jurisdiction for trial by the court as if he
were an adult.

In the hearing and disposition of cases properly before a court having
general criminal jurisdiction the court may sentence or commit the juvenile
offender in accordance with the criminal laws of this State or may in its
discretion deal with the juvenile in the manner prescribed in this law for
the hearing and disposition of cases in the juvenile court.

§ 16-172.44. If the court shall find that the child or minor is within
the purview of this law it shall so decree and by order duly entered proceed
as follows:
(1) Take custody and place the child or minor on probation, under
such conditions as the court shall determine.

(2) Leave the child or minor in his own home under the supervision
of the court with ‘or without taking custody; or take custody and place
the child or minor temporarily in a suitable home, under supervision of
the court pending final disposition of the case.

(3) Take custody and commit the child or minor to the * care and
custody of the local * board of public welfare * of the county or city in
which the court has jurisdiction, which board shall accept such child for
care and custody; provided, however, that if it is established to the satis-
faction of the court that the parent, parents or guardian of the child have
residence in another county or city of the State, and the child has been
living with such parent, parents or guardian, commitment may be to the
local board of public welfare of the county or city in which such parent,
parents or guardian have residence, which local board shall accept the
child for care and custody. And provided further that nothing herein shall
be construed as prohibiting the commitment of a child to any local board
of public welfare in the State when such local board consents to the
commitment. :

(4) Take custody and commit the child or minor to the guardianship
and custody of the State Board of Welfare and Institutions if the child’s
or minor’s behavior or condition is such that the court deems it cannot
be satisfactorily or adequately dealt with in his own locality or with its
resources. All children intended to be placed in one of the industrial
schools of the State shall be committed to the State Board of Welfare
and Institutions, it being the purpose of this law that the Director shall
determine which children or minors shall be so placed.

(5) Take custody and commit the child or minor to the custody and
guardianship of a private agency or organization approved and licensed
by the State Board to care for and place children or minors in foster homes.
No court shall commit a child or minor to an agency or organization
out of the State without the approval of the Director.

(6) Commit the child or minor if adjudged mentally defective, to a
mental institution, in accordance with the provisions of the law.

(7) Refer or send the child or minor, if fourteen years of age or
older, for proceedings and trial to a court having criminal jurisdiction,
in accordance with the provisions of this law.

(8) In case of traffic violations the court may suspend an operator’s
license, or require restitution in accordance with provisions by this law,
or it may impose the penalties which are authorized to be imposed on
adults for such violations.

(9) As disciplinary measure the court may impose a fine not exceeding
fifty dollars upon a child or minor of working age or suspend his driving
permit when such child or minor ts found by the court to have violated the
traffic laws of this State or a State or Federal law or local ordinance. All
sums so ordered to be paid may be paid by the child or minor in monthly
or weekly installments; such child or minor may also be required to make
restitution or reparation for damages resulting from his wrongful conduct.

(10) Order support or such other care and treatment, medical or
otherwise as the court deems to be for the best interests of the child or
minor.

§ 16-172.49. The court of its own motion may reopen any case and
may modify or revoke its order. The court shall before modifying or revok-
ing such order grant a hearing after notice in writing to the complainant,
if any, and the person, or agency having custody of the child or minor;
provided, however, that this section shall not apply to the case of a child
or minor committed to the Department after thirty days from the date of
the order of commitment.

§ 16-172.51. Whenever a child is committed by the court to any person,
institution or agency, public or private, the court may, after giving the
parents reasonable opportunity to be heard, order and decree that such
parents shall pay in such manner as the court may direct such sum,
within their ability to pay, as will cover in whole or in part the support of
such child, and if the parents wilfully fail or refuse to pay such sum, the
court may proceed against them as for contempt or for nonsupport.
* When payment is ordered payable to the court, the court shall, on or
before the tenth day of the month following receipt thereof, forward such
payment to the person, institution or agency, public or private, to which
such child has been committed.

§ 16-172.52. All provisions of this law relative to ovocedure in cases
of children, when not inconsistent with provisions of law relating to the
conduct of * cases of adults, shall so far as practicable also apply to * cases
of adults under the provisions of this law, and also under the provisions of
law in regard to nonsupport. Such proceedings may be instituted on
petition or complaint by any interested party or on warrant issued as
provided by law or upon the court’s own motion and a reasonable oppor-
tunity to appear and be heard shall be afforded the defendant. The court
may make an informal preliminary investigation and may make such
adjustment as is practical or may authorize a petition or complaint to
be filed and summons or warrant to be issued; provided that nothing herein
shall have the effect of denying to any person the right to file a petition
if he so desires. The court may issue a summons, a warrant of arrest or
other appropriate process in order to compel the attendance of any
necessary person.

§ 16-172.60. No child may be taken into immediate custody except:

(1) With a summons endorsed by the judge of the juvenile court in
accordance with the provisions of this law or with a warrant; or

(2) When in the presence of the officer who makes the arrest, a child
has violated a city, town, or county ordinance or a State or Federal penal
law and the officer believes that such is necessary for the protection of the
public interest; or

(3) When the officer finds a child in such surroundings or condition
that he considers it necessary that he take the child into immediate custody
for the child’s welfare; or

(4) When there is good cause to believe that a child has committed
an offense which if committed by an adult would be a felony of a serious
and aggravated nature; or

(5) Whena child who has been committed to the State Board or some
other agency escapes from the custody of the agency to which he was
committed and the officer has knowledge of such fact; in which case no
process is needed.

§ 16-172.65. Provision shall be made for the temporary detention of
children coming within the purview of this law (a) in a detention home *
conducted as an agency of the city or county or any combination thereof
for that purpose or * (b) in a private home or homes selected by and
under the supervision of the court or local department of public welfare:
* or (c) by * an incorporated institution, society, or association, licensed
by the State Board * as a children’s agency, or (d) in a detention home
conducted by another county or city or any combination thereof. * The
court or judge shall not send any child to a jail or station house while
awaiting trial or disposition except in accordance with the provisions of
this law.

§ 16-172.66. In the event that a detention home is established by a
city or county, or any combination thereof, it shall be subject to visitation,
* inspection and regulation by the State Board or its agents, and shall
be furnished and carried on so far as possible as a family home under the
management of a superintendent or matron, appointed from a list of
eligibles submitted by the State Board, and such other employees for such
home as may be necessary.

§ 16-172.67. The responsibility for the maintenance and operation of
* a detention home established by a city or county or any combination
thereof and the necessary expenses incurred in maintaining and operating
such detention home shall be a charge upon the county or city, or any
combination thereof, as the case may be, and the county boards of super-
visors or the city councils or other governing * bodies shall make provision
therefor. The Commonwealth shall reimburse the city or county, or any
combination thereof, as the case may be, two-thirds of the salaries of
officers and employees engaged in the operation and maintenance of
detention homes; and it shall further reimburse the city or county, or any
combination thereof, for the entire reasonable cost of food and of the
clothing, medicines, lights, water, heat, disinfectants, beds and bedding,
and other necessary. equipment and supplies required for the care of
children held in detention homes awaiting * hearing or disposition under
the juvenile laws of this State. Provided, however, that equipment may be
purchased only after approval is first obtained in writing from the Depart-
ment, or required by appropriate authority for safety or health. Such
reimbursements shall be paid in monthly installments by the State Treas-
urer out of funds appropriated in the general appropriation act for
criminal costs on warrants of the Comptroller, issued upon vouchers
approved and signed by the Director, or by such.person as may be desig-
nated by the Director.

§ 16-172.69. It shall be a function of the Department to develop proba-
tion, detention and other social services for juvenile and domestic relations
courts so that all children coming within the jurisdiction of such courts
throughout the State shall receive the fullest protection of the court. To
this end, the Director * is empowered to establish a division of supervision
of probation and detention in his Department and to appoint a head thereof,
who shall have training and experience in the fields of social case work
and social services with juvenile and domestic relations courts, and such
other employees as he may find to be necessary * properly to carry out the
* responsibilities of the Department relative to * development and super-
vision of probation and detention facilities as set forth in this act. The
salaries of such employees shall be paid out of funds appropriated for such
purpose to the Department of Welfare and Institutions. The division shall
have access to all probation offices and detention homes and to their records.

The State Board shall establish minimum qualifications for probation
officers and promulgate regulations pertaining to their appointment to the
end that appointment to such position shall be based on merit.

The Director may appoint an advisory council composed of judges,
probation officers, superintendents of welfare and others of demonstrated
interest in children and youth to consult and confer with him from time
to time relative to the development and extension of the program of the
Division of Supervision of Probation and Detention.

§ 16-172.70. The Director shall.cause such division to study the con-
ditions existing in the several cities and counties and confer with the
judges of the juvenile and domestic relations courts, the superintendents
and boards of public welfare, and other appropriate officials, as the case
may be, and to plan, * establish and ertend an adequate and coordinated
program of social services, probation and detention facilities to all juvenile
and domestic relations courts.
§ 16-172.71. Probation service shall be provided through one or more
of the following means: (1) The judge of the juvenile and domestic rela-
tions court may appoint from a list of eligibles certified by the Director,
one or more suitable persons as probation officers, in accordance with
* established qualifications and regulations. (2) Where a probation officer
1s not so appointed, and it is determined by the Director that the combined
juvenile probation and child welfare work load of a city or county 1s suffi-
cient to require the full time of one or more local probation-child welfare
workers on the staff of the local department of public welfare, such worker
or workers may be employed or designated and assigned exclusively to pro-
bation and child welfare functions and shall give priority to court cases.
The workers assigned to probation-child welfare work shall be appointed
in accordance with the usual procedure for appointment of personnel in the
local departments of public welfare and with the concurrence of the judge
of the court served. Where probation-child welfare workers are so em-
ployed, the superintendent of public welfare shall serve ex officio as chief
probation officer. (8) Where the probation or the probation-child welfare
work load is not sufficient to justify provision of court services through
provisions (1) and (2) above; such service may be provided by the Depart-
ment on a local or regional basis as determined by the Director. (4) In the
event that it 1s not practical to provide probation services under any one
of the three methods listed above, the local superintendent of public wel-
fare shall serve as probation officer; provided, however, that nothing here-
an contained shall preclude the use of an adult probation officer in the
district under circumstances mutually acceptable to such officer, his ap-
pointing judge and the judge of the juvenile and domestic relations court:

§ 16-172.75. In addition to any other powers and duties imposed on
them by this law, probation officers appointed hereunder shall:

(1) Investigate all cases referred to him by the judge or any person
designated by the judge so to do, and shall render reports of such investi-
gation as required;

(2) Supervise such persons as are placed under his supervision and
shall keep informed concerning the conduct and condition of every person
under his supervision by visiting, requiring reports and in other ways,
and shall report thereon as required ;

(214) Under the general supervision of the judge accept for informal
supervision cases referred to them by the court wherein such handling
would best serve the interests of all concerned.

(3) Use all suitable methods not inconsistent with conditions imposed
by the court to aid and encourage persons on probation and to bring about
improvement in their conduct and condition ;

(4) Furnish to each person placed on probation a written statement
of the conditions of their probation and shall instruct him regarding the
same;

(5) Keep records of his work and perform such other duties as the
judge or other person designated by him or the Director shall require.

(6) * Have the authority of a police officer.

§ 16-172.77. When the department returns a child or minor, who has
been committed to its custody, to a local community for supervision the
Dfrector may return the child or minor to * either the local juvenile and
domestic relations court or the local department of public welfare * of the
community. The agency to which the child or minor is returned for super-
vision shall accept responsibility for * this service.

§ 16-172.78. When the child or minor is returned to the court or the
local department of public welfare for supervision and, after a full investi-
gation, the court or the local department of public welfare is of the opinion
that the child or minor should not be placed in his own home, and there are
no funds available to board and maintain said child, the court or the local
department of public welfare shall arrange with the Director of the Depart-
ment of Welfare and Institutions for the boarding of said child or minor
in a foster home or with any incorporated institution, society or associa-
tion and the cost of maintaining such child shall be paid monthly, accord-
ing to the schedules prepared and adopted by the Department, by the State
Treasurer, out of funds appropriated in the general appropriation act
for criminal costs, on warrants of the Comptroller issued upon vouchers
approved by the Director, or such other person as may be designated by
the Director.

§ 16-172.79. If any person on probation to or under the supervision
of any juvenile probation officer or other officer of the court remove his
residence or place of abode from the county or city in which he was so
placed on probation or under supervision to another county or city in the
State, the * court in the city or county from which he removed his resi-
dence or place of abode * may notify the Director, who shall then arrange
the transfer of the supervision to the city or county to which he moves his
place of residence or abode, * or such transfer may be ordered by the
transferring court with the previously obtained consent of the judge of
the accepting court.

The Director of the Department of Welfare and Institutions may make
provision for the transfer of a juvenile placed on probation in this State
to another state to be there placed on probation under the terms of Article
4 of Chapter 11 of Title 53 of the Code.

§ 16-172.80. Under the rules of the Department the traveling expenses
incurred by a probation officer or other officer of the court when traveling
under the order of the judge, shall be paid * out of the county or city
treasury; provided that one-half of such compensation shall be reimbursed
to the city or county by the State Treasurer out of funds appropriated in
the general appropriation act for criminal costs, on warrants of the Comp-
troller issued upon vouchers approved and signed by the Director or by
such person as may be designated by the Director.

2. § 16-172.73 of the Code of Virginia is repealed.