Chap. 61.—An ACT to amend and re-enact an act entitled “an act to provide
places of abode and for the safe custody and proper guardianship of chil-
dren who are vicious, or depraved, or without proper places of abode, or
proper guardianship or control, or who shall be ill-treated, neglected, or
deserted by parents, guardian, or other custodian, or who shall be exposed
to immoral or vicious influences and training.” Approved April 2, 1902.

Approved February 28, 1906.

1. Be it enacted by the general assembly of Virginia, That the act en-
titled “an act to provide places of abode and for the safe custody and
proper guardianship of children who are vicious, or depraved, or without
proper places of abode or proper guardianship or control, or who shall be
ill-treated, neglected or deserted by parents, guardian or other custodian,
or who shall be exposed to immoral or vicious influences and training,”
approved April second, nineteen hundred and two, be amended and re-
enacted so as to read as follows: that if a minor, under the age of fourteen
years, is destitute or without any proper place of abode or proper guar-
dianship, or is deserted, neglected or ill-treated by its parent, guardian
or other custodian, or is exposed to immoral or vicious influences and train-
ing, or if the parent or guardian or other custodian is, by reason of pov-
erty, a charge, or likley to become a charge, upon the county, town or city
unable to support or properly care for such minor, and it shall clearly ap-
pear that such minor is vicious and depraved, or is destitute, or is neg-
lected, deserted, or ill-treated by his or her parent, guardian or other
custodian, or is exposed to immoral or vicious influences and training by
the neglect, bad habits or vicious conduct of his or her parent, guardian
or other custodian, or that the parent, guardian or other custodian of such
minor is unable or unwilling to exercise proper control over such minor,
or that, by reason of poverty, is a charge upon the county, town or city,
and unable to support and properly care for such minor, or in any case
where it appears that any minor is likely to become a burden or charge
upon the public, and that the welfare of such minor in all such cases, as
well as the peace and good order of society, requires such commitment,
any court of record in this State or the judge thereof in vacation, or any
police justice, may, on the application of any reputable citizen of the city
or town or county wherein such minor may reside or be found, or, on ap-
plication of any society or association chartered under the laws of this
State for benevolent or charitable purposes, or for the care, custody, and
maintenance of, and the prevention of cruelty to, children, commit such
minor to the care and custody of any society or association incorporated
under the laws of this State for charitable or benevolent purposes, or for
the care, custody, and maintenance of, and the prevention of cruelty to,
children, to be kept until such minor, in the case of females, shall arrive
at the age of eighteen years, and, im the case of males, shall arrive at the
age of twenty-one years, unless sooner discharged by such society or asso-
ciation, or by due process of law; and such court, or the judge thereof in
vacation, or such police justice, may require such minor to be brought be-
fore it upon a warrant, or may commit without previous warrant, if such
minor can be brought before the said court or judge or police justice, or is
present without it, or is of such tender age, or the circumstances are such
that otherwise warrant should be dispensed with: provided, that it shall
be lawful for the parent, guardian or custodian of the minor so com-
mitted, upon reasonable notice to such society or association, to petition
the circuit or corporation court, or the judge thereof in vacation, for the
discharge of such minor, and a hearing upon said petition, answer, and
evidence adduced, said court, or judge thereof in vacation, may order said
society or association to discharge said minor at any time when, in the
judgment of said court, such discharge shall be to the best interest of such
minor.

2. That the said court and the judges thereof and said police justice, and
all officers performing any act or executing any process under this act,
are vested with all the incidental powers necessary to the effectual execu-
tion of the powers herein enumerated; that any minor held in any cus-
tody, under a commitment or otherwise, for care and guardianship under
the provisions of this act shall be held to be in private custody within
the meaning of this act. Proceedings in such cases shall not be classed
as criminal, and the laws limiting or defining the jurisdiction or proce-
dure in criminal cases shall have no application to the cases herein men-
tioned.

3. That all warrants and commitments under this act shall, as the case
may be, either be upon the order of such court, or the judge thereof in va-
cation, and shal] issue from the clerk’s office of such court, under the hand
of the clerk thereof, or shall be upon the order of and issued under the
hands of the police justice, and shall be executed by any officer authorized
to execute process under the laws of thie State, and ‘shald Be i in substance
of the form following: *. . tte
Warrant. sb ee,

State of Virginia (city or county), to-wit:” ~*~ *
To the sheriff, sergeant or any constable of the said city or county:

Whereas.complaint has been made before the..... court of.......,
city or county, or before the judge of... court of... ... city or county, or
before the police justice of...... ,city or county, that...... is a mino}
(insert the grounds upon which the application for the warrant is based )
you are, therefore, commanded forthwith to apprehend said..... -anc
bring (him or her) before the said court or before the judge of the saic
court, or before said police justice, at....hour (A. M. or P. M), on

the....day of...... , 190.., to be dealt with according to law, and have
you there this warrant.
Given under my hand this... .day of...... gy PD nsw

Ce

Clerk or police justice.
Commitment.
State of Virginia (city or county), to-wit:

Whereas, on complaint and due proof, it has been adjudged by the

o6w een court of the said city or county of......, or the judge of the... . .
court of city or county of...... , or the police justice of...... ,eity or
county, that...... is (insert the reasons for the commitment), and the

welfare of such minor, as well as the peace and good order of society, re-

quires (his or her) commitment to some institution for care and guar-

dianship, and that (he or she) stand committed to..... , you are, there-

fore, empowered and directed to receive said...... , to be kept and de-

tained in your care and custody until discharged by due course of law.
Given under my hand this....day of ......, 193.35

Clerk or police justice.

4. All bodies incorporated, or to be incorporated, under the general laws
for purposes of the care, custody, guardianship, and protection of minors
venerally, and all charitable and benevolent societies or associations to
whom such minors may be committed under this act, shall have the power
and authority following:

First. To retain children legally committed or confined to them until
the age of eighteen in females and twenty-one in males, except as here-
inbefore provided.

Second. To place out such children in suitable homes upon such terms
as the managers, directors or trustees deem beneficial to the children, or

eee

the said managers, directors or trustees to cause every child so placed out
to be visited not less than once in every three months, in order to inquire
into its welfare, and such managers, directors, and trustees may require
of the person with whom such minor may be placed out a suitable bond
with satisfactory security, for the faithful performance of the condition:
and agreements upon which such minor may be placed out.

Third. To exercise parental authority and control over such children,
and to make all needful provisions as to care, maintenance, and education
of the same.

Fourth. To procure and commit such children in cases of necessity tc
reformatory institutions. The foregoing provisions are not to be under-
stood to affect the powers of the courts to adjudicate all questions as to
the custody of minors, irrespective of any alleged or supposed claim 01
right of guardianship or custody, or to abridge or affect any corporate
rights of any institution, or to prevent the receiving of minors, under
such limitations, or for such definite periods as any institution may, by
their regulations, direct or prescribe.

5. Every agent, officer or representative of any institution, society or
association, or body corporate, under the laws of this State, for the care.
custody or protection of children or minors having in possession, custody
or personal charge any minor or person under the age of twenty-one years
for any purpose connected with the object of such institution, society,
association or body shall be entitled to all privileges and authorities of a
conservator of the peace; and any person, whether under claim or color
of authority over the person of such minor, as parent, guardian, or other-
wise, or under any other claim, or pretense of claim, who shall in any
manner interfere, with or obstruct such agent, officer or representative in
relation to the possession, custody or personal charge of such minor shall
he guilty of a misdemeanor, and shall be punished by a fine not exceeding
fifty dollars and by confinement in jail not exceeding three months; and
it shall he the duty of all officers of police, policemen, constables, officers.
and officials of every description having authority to make arrests to en-
force this section in every particular.

6. This act shall be in force on and after ninety davs after the adjourn-
ment of this session of the general assembly.