Chap. 481.—An ACT to amend and re-enact sections 1905 to 1922, inclusive, of
the Code of Virginia. {S B 126]

Approved March 27, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions nineteen hundred and five to nineteen hundred and twenty-
two, inclusive, of the Code of Virginia, be amended and re-enacted
so as to read as follows:

Section 1905. Courts having exclusive original jurisdiction of
cases of delinquent, dependent or neglected children; records and
hearings.—Juvenile and domestic relations courts in cities and counties
wherein the same have been or may hereafter be established accord-
ing to law, and circuit courts of counties and corporation or hustings
courts of cities wherein no juvenile and domestic relations court may
be established, shall have exclusive original jurisdiction for the trial
of all matters and cases arising under this chapter. Such courts shall
have power under the terms and provisions of this chapter to deter-
mine the question of the dependency, neglect or delinquency of any
child or children within their respective jurisdictions, and when so
adjudicated to declare such child or children to be, for the purposes
of this chapter, wards of the State, and to make and enter such
judgments or orders for their custody, discipline, supervision, care,
protection and guardianship, as in the judgment of the court will
be for the welfare and best interest of such child or children, In any
case arising under this chapter the judge of the court may determine
as between parents whether the father or mother shall have the cus-
tody, education direction and control of such child.

Each of said courts shall keep a separate docket or order book
for the entry of its orders in cases arising under this chapter; and
the trial of all such cases shall be held at a different time from the
hearing of other cases in said courts; and no person shall be admitted
to hear the trial of said cases except officers of the court, attorneys,
and witnesses in the case, and the accused, and his relatives or
guardian or custodian. The records of all such cases shall be with-
held from indiscriminate public inspection, but such records shall be
at all reasonable times open to inspection by the parent, guardian, or
attorney of said child, or by the attorney for its parent or guardian.
The hearing and proceedings herein provided for may be conducted
in the judge’s chamber or in any other room that may be provided
for such cases, and in such places within the city or county as may be
convenient to the court and to the parties concerned. No adjudication
or judgment upon the status of any child under the provisions of this
chapter shall operate to impose any of the disabilities ordinarily
imposed by a conviction, nor shall any such child be denominated a
criminal by reason of any such adjudication, nor shall such adjudi-
cation be denominated a conviction.

Section 1906. Terms defined—For the purposes of this chapter
the words “delinquent child” shall include a child under eighteen years
of age who:

Violates a law of this State or a city, town or county ordinance, or

Is incorrigible; or

Is a persistent truant from school; or

Habitually associates with vagrants, criminals or reputed crimi-
nals, or vicious or immoral persons; or

Is an habitual loafer or vagrant; or uses habitually intoxicating
liquor as a beverage, or who uses opium, cocaine, morphine, or other
similar drug without the direction of a competent physician; or

Frequents a disorderly house, or house of ill fame; or

Frequents a gambling house or place where a gambling device
is operated; or

Habitually and without restraint uses or writes, or circulates vile,
obscene, vulgar, profane or indecent language, or is guilty of acts
of moral perversion.

The words “dependent child” shall mean a child under eighteen
years of age, who is homeless or destitute or dependent on the
public for support; or whose parents, for good cause, desire to be
relieved of its care and custody or who is without a parent or
guardian able to provide for its support, training and education and
is unable to maintain himself by lawful employment, except such
children as are herein defined as “neglected” or “delinquent.”

The words “neglected child” shall mean a child under eighteen
years of age:

Who is abandoned by both parents, or if one parent is dead, by
the survivor, or by his guardian; or

Who has no proper parental care or guardianship; or

Who habitually begs or receives alms; or

Who is found living in a house of ill fame or with vicious or
disreputable persons; 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; or

Whose parents or guardian neglect or refuse, when able to do so,
to provide medical, surgical or other remedial care necessary for
its health or well-being; or

_ Whose parents or guardian permit such child under the age of
sixteen years to engage in any occupation or calling defined by the
child labor law as dangerous to the life or limb or injurious to the
health or morals of such child;

All delinquent, dependent or neglected children, as defined in this
chapter, shall be considered, for the purposes of this chapter, wards
of the State and in need of care and protection, and proceedings
under this chapter shall be for the purpose of determining whether
or not the State should assume the guardianship, supervision, custody
or control of the child in question.

Section 1907. Style and commencement of proceedings.—The
style or title of the proceedings under the provisions of this chapter,
when against a child, shall be “Commonwealth of Virginia in re
woo eee ” (inserting the name of child). Any repu-
table person having knowledge or information that a child, who
resides in or who is actually within a city or county of this State,
is within the provisions of this chapter, or subject to the jurisdiction
of a court hereunder, may, and any probation officer having such
knowledge or information shall, file with said court a verified petition,
which petition shall set forth the name, residence and age of the
child and name and residence of the parents, if known to the peti-
tioner, and the name and residence of the person or persons having
the guardianship, custody, control and supervision of such child, if
the same be known, or can be ascertained by petitioner, or the petition
shall state that they are unknown if that be the fact. The petitioner
shall state the facts which bring said child within the provisions of
this chapter, and it shall be sufficient for that purpose to aver that
the child mentioned therein is “dependent,” “neglected,” or “delin-
quent,” as the case may be, and in need of the care and protection
of the State in that (here stating concisely the facts which bring
said child within said terms as herein defined), and said petition
shall be sworn to by petitioner; but such affidavit may be made
upon the information and belief of affant.

Section 1908. Issuance of summons.—Upon the filing of the
petition, the clerk or judge shall forthwith, or after causing an
investigation to be made by a probation officer or other person
designated by said court or judge, cause a summons to be issued,
signed by the judge or clerk of said court, requiring the child to
appear before the court, and requiring the parents, guardian, or the
person having the custody, control or supervision of the child, or the
person with whom the child may be found, to appear with the child,
at such time and place as may be stated in the summons, to show
cause why the child should not be dealt with according to the pro-
visions of this chapter. If it appears from the petition that the
child has violated any penal law of this State (or any ordinance
of a city, town or county) for which it might be prosecuted, or that
the child is in such condition that its welfare requires that its custody
be immediately assumed, the judge or clerk may endorse upon the
summons a direction that the officer serving the same shall at once
take said child into his or her custody. When any child is taken
into custody under such summons, such child may, if in the judgment
of the judge of said court it is not inconsistent with his or her
welfare, be admitted to bail, or released on his or her own recog-
nizance, or released into the custody of his or her parent, or of a
probation officer or other person designated by the judge of said
court. When not so released said child shall be detained pending the
hearing of the case and final disposition of said child in accordance
with the subsequent provisions of this chapter.

Section 1909. Service of summons.—Service of such summons
within said county or city shall be made by delivering to and leaving
with the person summoned a true copy thereof. If the child men-
tioned in the petition be present in court, no summons to said child
shall be necessary to give the court jurisdiction of such child. When
the person named in the summons, other than the child, is present
im court, or is a non-resident of the State, or cannot be found after
reasonably diligent search or when said child is in court by reason
of the violation of any penal law of the State or any ordinance of said
county, town or city, service of a summons upon such other person
named in the summons shall not be necessary to give the court
jurisdiction; but if such other person be not present in court; and
if for any of the reasons set out above has not been served with a
summons, the court must appoint probation officer, or a discreet and
competent attorney at law, to act as guardian ad litem to represent
the interest of such child and such guardian ad litem shall be present
at the hearing of said case to represent said child. But in no case
shall the trial proceed until the parents or parent of such child,
if residing within the State, have been duly notified of the pendency
of such proceedings, unless the judge shall certify on his record
that diligent efforts have been made to locate and notify such parents
without avail. In cases where a summons is necessary it shall be
sufficient to confer jurisdiction if service is effected at any time
before the time fixed in the summons for the return thereof, but the
court shall not proceed with the hearing earlier than the third day
after the date of service, if objection be made by the parties served,
or by a guardian ad litem appointed to represent the interest of such
child. Proof of service may be made by the affidavit of the person
who delivers a copy of said summons to the person summoned,
if the summons be not served by an officer, but if served by a State,
county or municipal officer his return shall be sufficient without
oath. The summons shall be considered a mandate of the court, and
wilful failure to obey its requirements shall subject any person guilty
thereof to liability for punishment as for a contempt.

Section 1910. Return of summons; trial of case; disposition of
child.—At the time set for the hearing, as hereinbefore provided, the
court shall proceed to hear and determine the case. The judge of
said court, subject to the rights of counsel, may conduct the exami-
nation of witnesses, and may take testimony and inquire into the
habits, surroundings, conditions, tendencies and guardianship of said
child so as to enable the court to determine if such child is delinquent,
dependent or neglected, and if so, what order or judgment will best
conserve the welfare of said child and carry out the objects of this
chapter. If said child is found by the court to be dependent, delin-
quent or neglected, the court shall so adjudicate, and thereafter, unless
said finding and judgment is annulled or repealed as herein provided
for, said child shall during his or her minority, or so much thereof
as the court shall consider to be for the best interest of said child,
for the purposes of this chapter, be considered a ward of the State
and be subject to the guardianship of the court as herein provided for.

After such hearing and adjudication the court may place the
child under the care and control of a probation officer, and may allow
such child to remain in its home, subject to the visitation of a pro-
bation officer, to be returned to the court by the parent or probation
officer when ordered to do so by the judge for further proceedings
whenever such action may appear to said court or judge necessary;
or the court may order the child to be placed in a suitable family
home, willing to receive it, subject to the friendly visitation and
supervision of a probation officer or of an agent of the State board
of public welfare, and subject to the further order of the court; or it
may authorize the child to be boarded out in some suitable family
home, school or institution (approved by the State board of public
welfare) ; or the court may commit such child to the State board of
public welfare or to any society, association or institution incorpo-
rated under the laws of Virginia approved by said State board of
public welfare, or the court may make such other order or judgment
as the court may deem for the best interest of the child and for the
proper protection of the public interests; provided, that all delinquent
children intended to be placed in a State institution shall be com-
mitted to the State board of public welfare—it being the purpose of
this chapter to make said board the sole agency for the guardianship
of delinquent children committed to the State. All commitments
under this chapter shall be for an indeterminate period having regard
to the welfare of the child and interests of the parents but no child
committed hereunder shall be held or detained after such child shall
have attained the age of twenty-one years; and the said State board
of public welfare and aid societies, associations or institutions may
place under contract children committed under this chapter in suitable
family homes, institutions or industrial schools for the care of chil-
dren without further process of law for a term of years not exceeding
the period of minority of such child, and whenever such child shall
be so placed by such society, association or institution a report of
such action shall be made to the State board of public welfare in
such form as may be required by it. Any order made by the court
or any commitment to any such private society, association or institu-
tion shall be subject to modification or revocation from time to time,
as the court may deem to be for the welfare of such child; the duty
being constant upon the court to give all children subject to its
jurisdiction such oversight and control as may conduce to the welfare
of the child and the best interests of the State. In committing any
child to any custodial agency, or placing it in any guardianship other
than that of its natural guardian, the court shall, as far as prac-
ticable, select some individual holding to the same religious belief as
the parent of such child; or some institution or association governed
by persons of the same religious faith as that of the parents of the
child, unless the commitment be to a State institution or agency.

Unless the offense is aggravated or the child 1s of an extremely
vicious or unruly disposition, no court, judge or justice shall sentence
Or commit a child under the age of eighteen years to a jail, work-
house, or police station, or send such a child on to the grand jury,
nor sentence such child to the penitentiary or to the State convict
road force.

Section 1911. Arresting children; transfer of cases from justices
and courts not having jurisdiction of their trial—Nothing in this
chapter shall be construed as forbidding the arrest of any child as
is now or may hereafter be provided by law.

But no warrant of arrest shall be issued for any child under
twelve years of age, except with the written permission of a judge
of a court of record, or the justice of the juvenile and domestic
relations court; nor shall any such child be transported, conveyed
or ridden in a police patrol wagon, or other vehicle, usually used
for the transportation or conveyance of adult prisoners. And no
warrant of arrest shall be issued for any child between the ages
of twelve and eighteen years, except when the use of such process
is imperative. Whenever any child under eighteen years of age, and
who otherwise comes under the provisions of this chapter, is brought
before any other justice or court in such county or city, such justice
or court shall forthwith, by proper-order, transfer the case to the
said juvenile and domestic relations court or said circuit, corporation
or hustings court; and shall order and direct that the said child be
taken to the place provided in such county or city for detention of
children coming within the provisions of this chapter. Said justice
or court may, however, admit such child so transferred to bail, or
release such child into the custody of some suitable person, to appear
before said juvenile and domestic relations court or circuit, corpo-
ration or hustings court at a time designated in said undertaking of
bail or in said order of transfer. All warrants and other processes
or papers in the hands of such justice or court relating to the case
so transferred shall be by him or by the clerk of said court forth-
with transmitted to the clerk of said juvenile and domestic relations
or circuit, corporation or hustings court and shall become a part of
its records. Said juvenile and domestic relations, or circuit, corpo-
ration or hustings court shall thereupon have jurisdiction of said
cause, and shall proceed to hear and determine the same in like
manner as if the proceedings had been instituted in said court by
petition as herein provided for.
_ Section 1912. Regulations as to the custody of dependent, delin-
quent or neglected children—Whenever any child is found to be
dependent, neglected or delinquent within the meaning of this chapter,
and the court, in its discretion, shall take the cusody of said child
from its parents, or either of them, or from the custody of any
person or persons liable for its support and shall place it in the
custody of the other parent, or in the custody of any other person,
or in the place of detention or parental school provided by such
county or city, or in any hospital or other institution or with any
custodial agency, public or private, the court may, after service of an
order to show cause or the issuance and execution of a warrant
upon the person from whose custody the child has been taken,
proceed to inquire whether or not said child should be supported
by said person, and may order and adjudge that the expenses of
caring for said child, or part thereof, shall be paid by such person
or persons, and may direct when, how and where money for said
expenses shall be paid; and in the event that said person so adjudged
liable to pay such expenses or support, shall wilfully, and without
just excuse, fail or refuse to pay same in accordance with the court’s
said order, said person so failing to pay same shall be guilty of a
misdemeanor and shall be dealt with in accordance with the provi-
sions of the statute relating to desertion and non-support. An appeal
may be taken from said order adjudging said person liable to pay said
expenses in like manner as in misdemeanor cases. If the child have
an estate in the hands of a guardian or trustee, the guardian or
trustee may be required to pay for its education and maintenance
in connection therewith so long as there may be funds for that
purpose.

Section 1913. Physical and mental examinations.—The court, in
its discretion, either before or after a hearing, may cause any child
within its jurisdiction to be given a physical and mental examina-
tion by a competent physician or physicians or an approved mental
examiner, to be designated by the court having jurisdiction of such
child, and the physician or mental examiner so designated shall
certify to the court the condition in which he finds the child. If it
shall appear to the court that any child within its jurisdiction 1s
mentally defective, he may cause the child to be.examined by two
licensed physicians or approved mental examiners, and on the written
statement of such physicians or examiners that it is their opinion
that the child is mentally defective, the court may commit such child
to an institution auhorized by law to receive and care for mentally
defective children. The parent or parents, guardian and custodian
of such child shall be given due notice of any proceedings hereunder
as provided for in section nineteen hundred and eight. When the
health or physical condition of the child requires it, the court may
cause the child to be treated by a competent physician or placed in
a public hospital or other institution for treatment or special care.
or in a private hospital or institution which will receive it for like
purposes. :

Section 1914. Detention homes or other places of detention.—-
Provision shall be made-for the temporary detention of children
‘coming within the provisions of this chapter in a detention home or
parental school to be conducted as an agency of the city or county
for that purpose, or the judge of such court may, with the approval
of the governing body of the city or board of supervisors of the
county, arrange for the boarding of such children temporarily in a
private home or homes in the custody of some fit person or persons
subject to the provisions of the court, or the judge may arrange
with any incorporated institution, society, or association, approved by
the State board of public welfare, or with any other court, which
maintains a suitable place of detention for children for the use thereof
as a temporary detention home, but the court or justice shall not send
any child to jail or station house while awaiting trial or disposition
unless such child is extremely vicious or unruly or is charged with
delinquency of an aggravated nature.

In the event that a detention home or parental school is estab-
lished by the court it shall be subject to visitation and inspection by
the Stace board of public welfare, and shall be furnished and carried
on so far as possible as a family home under the management of a
superintendent or matron. The court shall appoint such superinten-
dent or matron from a list of eligibles submitted by the State board
of public welfare, and it may appoint such other employees for such
home as may be necessary. The necessary expenses incurred in
maintaining such detention home shall be a charge upon the county
or city, as the case may be, and the county board of supervisors
or the city council or other governing body shall make provision
therefor.

In case the court shall arrange for the boarding of children
temporarily detained in private homes or with any incorporated insti-
stution, society, or association, or in detention homes conducted by
another city or county, a reasonable sum for the board of such
children while so detained shall be, upon the order of the court, paid
by the county or city, as the case may be. No child shall be
detained or confined in a city or county almshouse or poor. house
for a period longer than thirty days without the consent of the State
board of public welfare.

The same fees or allowance shall be paid by the State for children
boarded out or held in a detention home as are now paid for prisoners
confined in jail.

Section 1915. Probation officers; appointment, duties and
powers.—The court may appoint one or more suitable persons as
probation ofhcers, in accordance with the terms of chapter three
hundred and forty- -nine of the acts of nineteen hundred and eighteen,
or any amendment thereof, whose duty it shall be to make such
investigation of cases involving children under the age of eighteen
years as the court may direct, either before or after a hearing, to be
present in court in order to represent the interests of the child when
the case is heard, to furnish the court such information and assistance
as it may require, and to take charge of any such child before and
after the hearing as may be directed by the court, and to perform
such other duties as the court may confer upon him. Every probation
officer appointed under said chapter is hereby invested with all the
powers and authority of a police officer and of a constable. The
compensation of such probation officer shall be fixed by the board
of supervisors of the county or the council or other governing body
of the city in which they serve, and shall be paid out of the county
or city treasury.

Section 1916. Police officers and constables as probation officers.
—Any court mentioned in section nineteen hundred and five may,
upon the recommendation of the State board of public welfare,
appoint and deputize any member or members of the police force
of a city or of an incorporated town, not exceeding three in number,
and any constable or other suitable person of the magisterial districts
of a county, to act and serve as probation officer or officers so long
as the judge of such court may deem desirable. In cities of twenty-
five thousand inhabitants or over a policeman so designated shall,
while acting as such probation officer, receive the same salary as
theretofore and be relieved of the ordinary detail duties of.a police-
man, but shall remain™ subject to suspension or removal as before
his designation. In counties, towns, and in cities of less than
twenty-five thousand inhabitants, police officers or constables desig-
nated for probation duty under the provisions of this chapter shall
not be relieved of the ordinary detail duties of his office except upon
express order of the court making such designation. Where no
appointment of a probation officer is made the chief of police of the
city or town and the sheriff of the county is authorized and required
to act as such probation officer. Every probation officer designated
as aforesaid is invested with all the powers and anthority of a
constable. |

All persons so selected shall faithfully perform the work and
duties which may be prescribed for them by the court or by the
State board of public welfare. Such officer or officers so appointed
shall receive no extra compensation over his or their regular pay.
except that the local authorities of a city, town or county may, if
they see fit, pay to such officer so designated such compensation as
they may deem to be reasonable.

Section 1917. Courts advisory board.—The judge of any court
which has exclusive original jurisdiction of the trial of cases arising
under this chapter may appoint a board of not less than three nor
more than fifteen citizens of the county or city, known for their
interest in the welfare of children, who shall serve without compen-
sation, to be called the advisory board of said court; provided, that
in counties or cities wherein county or city boards of public welfare
may be appointed, such boards shall constitute the advisory board of
the court for such county or city in relation to matters arising under
this chapter. Said advisory board at its first meeting shall organize
by electing officers, and adopting such by-laws, rules and regulations
for its government as it may deem proper. The members of said
board shall hold office during the pleasure of the court or the judge
thereof. The duties.of the board shall be as follows:

(1) To advise and co-operate with-the court upon all matters
affecting the workings of this chapter and other laws relating to
children, their care and protection, and to domestic relations ;

(2) To visit as often as they conveniently can institutions and
associations receiving children under this chapter and to report to the
court from time to time the conditions and surroundings of the
children received by or in charge of any such persons, institutions or
associations; (3) To make themselves familiar with the work of the
court under this chapter and make from time to time a report to the
public of the work of said court.

Section 1918. Fine may be imposed upon certain delinquent children
as disciplinary measure; when children may be proceeded against as
adults.—A fine not exceeding fifty dollars may be imposed upon de-
linquent children, who are of working age, as a disciplinary measure.
All sums so ordered to be paid may be paid by the children in monthly
or weekly installments. Such children may also be required to make
restitution for damages resulting from their wrongful conduct; or
in lieu of a fine, the court may, in case any such child is placed on
probation, require him to pay a fee for probation service not exceed-
ing fifty dollars, such fees to be accounted for by the judge or clerk
of said court and paid monthly into the treasury of the city or county
paying the salary of the probation officer.

If at any time, after thorough investigation or trial of its various
disciplinary measures, the court of the judge thereof is convinced
that any delinquent child fourteen years of age or over brought
before it under the terms of this chapter, cannot be made to lead a
correct life, and cannot be properly diciplined under the provisions
of this chapter, the said child shall then be proceeded against as if
he were over the age of eighteen years, and may be committed to
the county jail, or to any city jail or police station pending further
proceedings, or admitted to bail.

Section 1919. Interference with probation officer, etc.; removing
or concealing child; punishment.—It shall be unlawful for any persor,
to interfere with or to obstruct any probation officer, policeman, con-
stable, or other officer in the discharge of his duty under this chapter,
or for any person to remove or conceal or cause any child to be
removed or concealed in order that it may not be brought before
court, or for any person to interfere with or remove or attempt to
remove any child who is in the custody of the court or of an officer
or who has been lawfully committed under this chapter. Any person
violating any of the provisions of this section shall be deemed guilty
of a misdemeanor and upon conviction shall be fined not exceeding
fifty dollars, or imprisoned not exceeding three months, or both.

Section 1920. Appeals.—An appeal may be taken by any party
aggrieved, from any final order or judgment of the court in the case
of any child coming within the provisions of this act, to the circuit
court of the county or to any city court having equity jurisdiction,
within twenty days after the entering of said order or judgment in
said case. Proceedings in such cases in such courts shall conform to
the equity practice where evidence is taken ore tenus; provided, how-
ever, that an issue out of chancery may be had as a matter of right
upon the request of either party.

Section 1921. Vacation powers.—The judge of any court which
has exclusive original jurisdiction of the trial of cases of delinquent,
dependent or neglected children is hereby authorized to perform in
vacation any act or exercise any power under the provisions of the
preceding sections of this chapter which might be done or performed
by the court in term time.

Section 1922. Liberal construction of chapter; constitutionality.
—This chapter shall be liberally construed in order to accomplish the
beneficial purposes herein sought. Should any part of this chapter
be declared to be unconstitutional by the supreme court of appeals of
this State or by the United States supreme court, such decision shall
not affect the remainder hereof.