Transcribed from volume II of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar.

Juvenile Courts.—Not to be behind other states in caring for its children, the progressive spirit which prevails in Kansas led, in the legislative session of 1905, to the passage of a law establishing juvenile courts. The act provides for the establishment in each county of the state of a juvenile court, whose jurisdiction pertains to the care of dependent, neglected and delinquent children. The probate judge of each county is the judge of the juvenile court. Such court has jurisdiction of all cases concerning dependent, neglected and delinquent children in the county, and is open at all times for the transaction of business. The court has authority to issue subpoenas for witnesses, compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misdemeanors. All writs and process are served by the probation officer of the court, or in his absence by some person especially deputized for that purpose. The act applies only to children under the age of sixteen years, not inmates of any state institution, but when jurisdiction has been acquired over the person of a child, such jurisdiction may continue until the child has attained its majority.

The words "dependent child" and "neglected child" mean any child who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, and has idle or immoral habits, or who habitually begs or receives alms, or who is found living in any 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 a child, or any child under the age of ten years who is found begging, peddling or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words "delinquent child" include any child under the age of sixteen years who violates any law of the state or the ordinances of any city, town or village, 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 patronizes pool-rooms or places where gambling devices are operated.

The juvenile court appoints one or more discreet persons of good character to serve as probation officers during the pleasure of the court. It is the duty of such official to make necessary investigation, to represent the interest of the child when the case is heard, and to take charge of the child before and after the trial, as may be directed by the court. Any reputable person, being a resident in the county and having knowledge of a child who appears to be either dependent, neglected or delinquent, may file with the court a petition in writing setting forth the facts verified by affidavit. When any child under the age of sixteen years is found to be dependent or neglected, the court may make an order committing the child to the care of some suitable institution, or some reputable citizen of good moral character, or some training school or industrial school, or some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. When the health or condition of the child requires it, the court may cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge. In any case where the court awards a child to the care of any association or individual, the child, unless otherwise ordered, becomes a ward, and is subject to the guardianship of the association or individual to whose care it is committed. Such association or individual has authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may appear in any court where such proceedings are pending and assent to such adoption, and such assent is sufficient to authorize the court to enter proper order or decree of adoption. Such guardianship does not include guardianship of any estate of the child.

When a child under the age of sixteen years is arrested, with or without warrant, instead of being taken before a justice of the peace or police magistrate or judge, the child is taken before the juvenile court, which proceeds to hear the defense. An appeal is allowed to the district court from the final order of commitment, and this may be demanded by the parent, guardian, custodian, or by any relative within the third degree of kinship. The law is liberally construed, to the end that its purposes may be carried out, and that the care, custody and discipline of a child shall approximate, as nearly as may be, proper parental care. In all cases where the same can properly be done, the child is placed in an approved family home, by legal adoption or otherwise. And in no cases are any proceedings, order or judgment of the juvenile court deemed or held to import a criminal act on the part of any child, but rather they are considered as performed in the exercise of the parental power of the state. The result of this legislation in Kansas is similar to that in other states and marks a long step forward in the treatment of youthful offenders. Instead of being started upon a career of crime they are given the opportunity to become useful citizens.

 

Pages 44-45 from volume II of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed July 2002 by Carolyn Ward.