The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-30
VISITING DEPENDENT CHILDREN.
Attorney Generals Opinion for the
Stnte Roard of Charities.


The attorney general has furnished the
following opinion to Secretary Butler of
the State Board of Charities, relating to
the treatment of children who have become
wards of the State:
81 have considered your inquiry of the
oath. as follows:
Does that law--the act of Feb. %, 1897
for the better care and control of orphan
etc, children (Acts of 1897, Page 44) rela-
tive to the visiting of children placed in
family homeS-apply to boards of children
guardians and require them to make such
visits?
by matrons directly by boards of county
commissioners, and require them to make
such visits?
Has an association caring for public
wards the right to refuse to accept family
homes for such wards offered to it by the
state agent?'
give a satisfactory answer. In general, it
may be said that the various acts on the
subject Of orphans homes. Sections S16S to
1897, inclusive, with the act OF 1897 are all
in pari materia and should be construed
together as a unit so far as they are capa-
bic of such construction, and yet they make
provision for different entities, different
Jurisdictions and different methods of pro-
ceeding the Board of Children's Guardians,
and control of the Circuit Court. which, by
virtue of its equity powers, is charged with
che care of the administration of charities,
having the welfare of orphan and depen-
dent children for their object.
Answering the questions specifically: If
Interrogatory l is intended to inquire
whether the duty is imposed upon the
Hoard of Children's Guardians of visiting
children placed in family homes, 1 should
saw that 1t did not so require them. If it is
Intended 10 inquire whether the agent APP
nointed by the State Board of Charities
Under Section was required TO visit them,
/ should say that. under the language in
that section he shall visit children for
whom he has procured permanent homes,
and. when practicable, other children in
dentured or otherwise placed in family
homes by any association, he is authorized
10 do so and expected TO do so when prac-
ticable. ANY association as used in this
sentence would include the Board OF Chill
dren's Guardians, and think your agent
would therefore, be authorized TO include
these children in his visits know of no
mandatory provision requiring the Board
of Children's Guardians 10 do this, and it is
not at all unlikely that If they were re-
quired to do so IL might be very difficult
TO get persons to fill that place
LAS to the second interrogatory, | think
under Section of the act OF 1897, the duty
is imposed upon the association existing un-
der that act TO see that the children placed
nv them in homes shall be visited by some
member Of the association, and this is not
10 preclude the right of visit imposed under
Section s upon the agent of your board.
LAS 10 the third interrogatory, II IS the
duty of such associations authorized by the
act OF 1880 to secure permanent homes for
the children in its charge with proper per-
sons The responsibility OF determining
who are proper persons is imposed upon the
association and not upon your agent. 1T
would be entirely proper for your agent 20