CHAPTER 558

An Act to repeal 8§ 68-872 and 68-878, as amended, of the Code of Vir-
ginia, relating to transfer of wards of certain schools to other places
of confinement under certain conditions, and to amend the Code of
Virginia by adding thereto a section numbered 68-878.1, providing
for certain criminal proceedings against certain persons in the custody
of the State Department of Welfare and Institutions under certain
circumstances.

[H 242]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 63-372 and 63-373 as amended, of the Code of Virginia are
repealed.

2. That the Code of Virginia be amended by adding thereto a section
numbered 63-373.1, as follows:

§ 63-373.1. Whenever a juvenile, fourteen years of age or over,
while in the custody of the State Department of Welfare and Institutions
to which he has been committed by a juvenile court, or upon an appeal
therefrom, commits an offense bringing such juvenile within the purview
of the juvenile court law, the Director of the Department of Welfare and
Institutions may, in his discretion proceed against such child for the
offense in the juvenile court having jurisdiction. And if it shall then be
determined that such juvenile should be dealt with as an adult, it shall
be done in accordance with §§ 16-172.42 and 16-172.48 of the Code of
Virginia.

However, no hearing or trial in any court under this act shall be had
unless a parent, or an attorney representing the interest of the child is
present in court. If no parent or attorney is present to represent the child,
the judge shall then appoint a discreet and competent attorney at law to
represent the interests of the child.

Whenever a juvenile, fourteen years of age or over, who has been
committed to the custody of the State Department of Welfare and Institu-
tions escapes two or more times from such custody and is found guilty
of such escapes by a court having jurisdiction to hear the same, such
escapes may in the discretion of said court be considered as a misdemeanor
and such juvenile may be found guilty of a misdemeanor and punished
accordingly.