Act repealed. SEC. 17. Act number two hundred fifty-nine of the public acts of nineteen hundred nineteen, as amended, is hereby repealed. This act is ordered to take immediate effect. Title and sections amended. [No. 127.] AN ACT to amend the title and sections one, three and five of act number six of the extra session of nineteen hundred seven, entitled, as amended, "An act to define and to 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," as amended, being sections two thousand eleven, two thousand thirteen, and two thousand fifteen of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. The title and sections one, three and five of act number six of the extra session of nineteen hundred seven, entitled "An act to define and to 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," are hereby amended to read as follows: TITLE An Act to define and to regulate the treatment and control of dependent, neglected and delinquent children and of wayward minors, 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 pre scribe their powers, duties and compensation, and to provide for the granting of re-hearings and modification of orders, sentences and decrees of said court. child" de SEC. 1. For the purpose of this act the words "dependent "Dependent child" shall mean any child under the age of seventeen years, ned. 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, or is suffering from tuberculosis in such a stage that he cannot pursue a gainful occupation, or is an inmate of a hospital for the treatment of insane, who is confined therein for the purpose of being treated for insanity or other diseased mental condition, and is poor and unable to properly care for and support said child. For the purpose of this act the words "Neglected "neglected child" shall mean any child under the age of seven- child". teen years 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 "Delinquent the words "delinquent child" shall include any boy or girl child". 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, or 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 onto 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 Juvenile delinquent, where he or she is lawfully employed. Any child committing who deemed. any of the acts herein mentioned shall be deemed a juvenile delinquent person and shall be proceeded against as such in the manner hereinafter provided. The words "wayward minor" shall mean any person between the ages of seventeen and twenty-one years who either (1) is habitually addicted to the use of drugs or the intemperate use of intoxicating liquors, or (2) habitually associates with criminal, dissolute or disorderly persons, or (3) is found of his or her own free will and knowledge in a house of prostitution or assignation or ill-fame, or (4) habitually associates with thieves, prosti tutes, pimps or procurers, or (5) is wilfully disobedient to the reasonable and lawful commands of parent, guardian or other custodian and is in danger of becoming morally depraved, or (6) when not disabled from lawful occupation or study habitually idles away his or her time. The word "child" as used in this act shall mean any person, male or female, under the age of twenty-one years. 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. "Child". Trials etc., where held. Detention room. Location. SEC. 3. All examinations or trials of cases coming under the provisions of this act shall be in the probate court room or chambers, or in a room in the county court house or in a suitable apartment conveniently near the said court house, or in the juvenile court building in counties where such a building has been provided. No examination, trial or other proceeding in any case involving a wayward minor shall be held, conducted or heard at the same session of court as cases involving dependent, neglected or delinquent children. The proceedings and findings of the court in all examinations and trials of such cases shall be entered in a book, or books, to be kept for that purpose and shall be known as the juvenile record. The judge may exclude from the court room in trials under this act any person whose presence is deemed prejudicial to the interests of the child or the public, when such person does not have a recog. nized personal interest in the case. It shall be the duty of the board of supervisors in each county within ninety days after this act shall take effect to provide and maintain at public expense, a detention room or house of detention or other suitable place separate from the jail, lock-up, police station, or other place of confinement used for the incarceration of adult criminals charged with crimes or misdemeanors. Such detention place shall be properly located, both for the convenience of the court work, and with a view to the healthful, physical and moral environment of all children within the provisions of this act, who shall, if under the age of seventeen years, when necessary, be detained in such place of detention so provided, and it shall be unlawful to confine or detain any juvenile under the age of seventeen years in any jail, lockup, police station, or place of confinement used for the incarceration of criminals or persons accused of crimes, or in any place not conforming to the requirements of this section, and any officers or persons so detaining or confining such juvenile shall be deemed guilty of a misdemeanor and punished accordingly. Such place of detention shall be in charge of a matron, or other person, capable and of good moral character. Any child held under this act shall have the right to give bond or other security for its appearance at the trial of such case, and the court may in such case appoint counsel to appear and defend on behalf of any such child, who shall be paid out of the general fund of the county. or city for such services such sum as the court shall direct: Provided, That the prosecuting attorney shall appear for the Proviso. people when ordered by the court. tion and tion. SEC. 5. Upon the filing with the court of a sworn petition Examinasetting forth upon knowledge or upon information and be investigalief, the facts showing that any child resident in said county is a delinquent, dependent or neglected child, or a wayward minor, 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 all the facts and circumstances of the case, and report the same to the said court in writing. If after a full examination and investigation, it shall appear to the court that public 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 shall, if they can be found in the county, be notified of the pendency of the case. The county agent or probation officer making the preliminary examination and investigation shall whenever required by the court attend said trial and act as custodian of said child. parents, etc., When said parents or guardians are non-residents of the When county, or cannot be found, notice may be given by publica- non-resition once in each week for three successive weeks, as pro- dents. vided by law in the case of other probate notices. If any person so summoned, as herein provided, shall fail without 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 act of When summons not served. When petition filed. Hearing. Register of juvenile division. 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 provisions of this act, the child may be ordered detained in the juvenile detention home or committed 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, or a wayward minor, as the case may be; and if it shall appear to the court that the public interests and the interests 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; or 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, or 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, or a wayward minor, 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 popula tion 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 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 acts required of the |