The Union times. [volume] (Union, S.C.) 1894-1918, 1912-04-19
AN ACT
10 Enlarge and Define the Duties and
Powers Of Probate Courts in Re.
lati0n to Minors.

and belief, that any child within it's
jurisdiction under the age of eighteen
years Is destitute or homeless, Or is
a beggar. or whose home, by reason
Of cruelty, neglect or depravity on
the part OF it's parents, or other per-
son in whose care it may be, is an
unit place for such child, or that any
child Is being required to work con-
trary to law, or in an unreasonable
degree, the conditions and circum-
stances Of the parents or person with
whom 1t resides, being considered, or
fs incorigibly mischievous or vicious,
or Is a persistent truant from school,
or habitually associates with crimi-
nails or vicious or immoral persons,
or is growing up in ignorance or idle
ness, or Is In imminent danger Of be-
coming vicious or criminal; or when
ever a report is made to the Probate
Court by an officer Of the law, as
hereinafter provided, that any child
under the age OF eighteen years is
liable to arrest or has been arrested
for a violation Of the law, the said
Probate Court shall issue a summons
to the child and to its parent Or par
ents with whom 1t resides, or in case
OF child under arrest to the officer
In whose custody he then is, also to
show cause why the supervision care
or custody of the said child should not
be assumed by that court. Such sum-
mons shall beturnable within three
days from the date of service. The
issuing OF such summons shall not
be a stay Of any criminal proceedings
which have been instituted against
such child and which are referred to
In said petition or report except as
hereinafter provided In case the
child has parent or parents within the
jurisdiction Of the Court with whom
the child does not reside, but whose
resident is known or can with reason
able diligence be ascertained, the said
parent Or parents shall be summoned
to appear before the Court before the
final disposition OF the case.
Section 2. The Probate Court shall
have the power to summon before It
any witness which it may deem neces-
sary to a proper investigation and de-
termination Of the allegations Of the
said petition or report
Section 8. Upon proof OF the allie
cations Of the petition the said Court
shall have power to order such parent
or parents or person with whom the
child resides to do and perform such
duties in regard to the support and
control Of the child as shall be lawful
and right. In case it is found neces-
sary to apply remedies beyond the
constitutional powers OF the Probate
Court, the said Court shall certify the
fact to the Court of Common Pleas, or
to the Court of General Sessions, as
the case may require, to act upon the
same, and apply such remedies as may
be lawful and right.
Section 4. II after hearing the Court
shall assume the supervision. care or
custody Of the child, It shall require
the parent or parents or persons with
whom Il resides, and In the discretion
of the Court. in addition to these or
In lieu thereof, some suitable and
proper person or persons to serve
without compensation, and to be
known as probation officer or officers,
to look after said child and to report
to the Court for as long a period and
as often OF the Court shall require
as to the treatment and conduct OF
said child and the child shall report
to the said probation officer or officers
from time to time, as the Court may
prescribe; and said probation officer
or officers shall at all times have the
right and power to investigate the
surrounding conditions, treatment and
conduct of the child, and report same
to the Court.
Section 5. If at any time the Court
shall find that the custody Of the child
should be taken from the parent or
parents or person with whom 1t re-
sides, 1t may bind over such child
to some orphan asylum, or other insti-
tuition for the care of children, or to
some responsible person or persons,
In all cases to be first approved by
the Court after due investigation, who
will agree in writing to care for the
child in human manner and give It
reasonable amount of education, and
to report to the Court at least once
a year as to the treatment and con-
duct of the child, or in the discretion
of the Court, the child, If colored, may
be sent to the Reformatory now lo-
Gated in Lexington county, or II white,
to the South Carolina Industrial
School, now located in Florence coun-
ty.
Section 6. II 1t appear to the Court
that the child is ipcorrigibly criminal
or has committed a crime which de-
mands punishment rather than refor-
matory discipline. the Court shall re-
mand 1t to the proper magistrate,
municipal court or Sessions Court for
trial and punishment
Section z. Upon the arrest Of any
child less than eighteen years Of age,
the arrest of the said child shall be
reported to the Probate Court by the
officer making the arrest as speedily
as possible for investigation and ac-
tion under this Act. But II conf1ne-
ment be necessary before the case can
be heard, the child shall not be incar-
cerated In the same room with adult
criminals, but In a separate room Of
detention, and where the county or
municipal authorities have made or
shall make suitable provision there
for; said room OF rooms shall be out