Evening star., 1915-02-26

trict of Columbia. OF who commits an,
lact or onense for which he could b.
prosecuted in a method partaking o.
the nature OF a criminal action or pro
lceeding; or
"'(b) Who engages in any occupa
tion. calling. or exhibition, or is fount
in any place for permitting which al
adult may be punished by law, or who
so deports himself or is in such condi.
| tion or surroundings or. under sucf
improper or insufficient guardianship
or control as to endanger the morals
health or general welfare of such child
| "'(c) Who. comes within the provis-
ions OF any law. regulation. or ordi-
nance for the education, care and pro-
lection of children: or
| (d) Whose custody may be the sub
Ject of controversy: provided that when
the question >of the custody of child
! is incidental to the determination of a
cause pending in n court of general
jurisdiction. such court shall not be de-
prired of Jurisdiction to determine such
question. but such court may decline
to pass upon such question and certify
the same to the Juvenile court for hear
ing and determination. tSec. ~
Criminal Technology Ignored.
TT will be observed that the criminal
terminology with reference to jurisdic-
tion and offenses is cast aside, and
that emphasis is made to reach sbehind
che mere act with which 4 child may
be charged and which is merely one OF
4 number of factors concerned with his
appearance in court. II will be noted
further that any court having before 1t
case involving the custody of Il child
may refer the question of custody to
the Juvenile Court for determination.
The Information and complaint of the
criminal law give way to petition
ratY two Go
child within the provisions OF the act.
A summons supersedes a warrant as
the process for securing attendance OF
the child and its parents. Upon the re-
turn of the summons the child is not
arraiSned, not put upon his oath, not
asked to plead guilty or not guilty. not
confronted with the witnesses against
him. not tried. in fact, as under the
criminal law for the commission OF u
particular act. But, in lieu OF all this,
lat the time set for the hearing the
court proceeds to hear and determine
the case by taking testimony and max
ing inquiry into the habits, surround
ings. conditions and tendencies Of the
child to enable the court. not to enter
Ia judgment of conviction against the
child, but to render such order or judg-
ment as shall best conserve the welfare
of the child In the exercise of it's or
der the court is given ample power to
reach the conditions that may have
rect them.
"The child may be allowed to remain
in his own home. subject. if the court
deems it wise, to the visitation of a
probation officer: it may be placed di-
rectIy on probation to one of the
courts officers; it may be placed in a
suitable family home: it may be COM
mftted to the care of the board Of chill
dren's guardians, or to any other
agency willing to receive it, or it may
1n tol <o f1a T,.oi it,ty Coho
for Boys or Girls or to any institution
willing to receive it. Unlike the GRIM
inal law, it is not proposed here, once
the judgment is entered, that the pow
er of the court is exhausted. Under
criminal statutes q conviction is speed
lily followed by a sentence, and with
the punishment inflicted the RESPONSE
bility Of the court for the accused is
at an end. Not SO here. however:
the duty being constant upon the court
to give all. children subject to it's jlris-
diction such oversight and control in
the premises as will conduce to the
welfare of said children and the best
interests of the state (section 21)
Judgment Is Not Punishment.
"As we have pointed out heretofore,
the judgment here is not punishment
1t is not sentence pronounced upon
an accused person. 1t is the assumption
by the state of the custody through
judicial guardianship, and the person
or agency for the time being having
the custody of the child stands in loco
PARENTS and is merely exercising the
powers of a guardian. This being so,
the legal right of the guardian, be it
an individual or an agency, to the un-
disputed custody of the person of the
ward must yield to the paramount con-
sideration of the child's obvious inter-
W. r,Af, k-$t tVrr fRyF
mental principle of the law of guardian
and ward, supported by numerous au-
thorities cited elsewhere in this report.
Bearing this in mind. and as being in
complete harmony with the law. the
proposed act gives to the court the
power for cause shown and where the
manifest interests of the child demand
it to change the guardianship:
Amy order or judgment. interlocu-
tory or final, made by the court in the
case Of any such child shall be subject
to such nodificati from time to time
as the court may consider to be for
the welfare of such child; and no COM
mitment of any child to the board OF
children's guardians. or to any insti-
|tition or other custodial agency. shall
deprive the court of the jurisdiction to
change the form of the commitment
or transfer the custody of said child
to some other institution or agency on
such conditions as the court may see
The guardian is fully protected and
is given every opportunity to be heard:
No order transferring the custody
of child shall be made except after
full hearing and upon not less than
ten days written notice to the guar
dian. institution, or agency to whose
care such child has heretofore been
committed. unless such guardian. in
stitution or agency consents thereto.
An appeal may be taken from any
order of the court transferring the GUS
tody of i child from one guardian. in
stitution or agency to another guardian.
institution or agency, by the guardian,
institution or agency aggrieved by
such order. in the same manner as
other appeals provided herein. The
court shall have no power, however,
to transfer the custody of any child
embraced herein after such child may
have been adopted as provided by law,
except at subsequent hearing and
upon a petition filed as herein provid-
ed in a new proceeding involving such
child tSection 21.)
Exceptions Made.
An exception is made in favor of
the National Training School for Boys
and the National Training School for
Girls (section 21). This exception, how
ever in nowise affects the foregoing
argument 1t need not be argued that
an order of commitment to one of the
national training schools will not be
made unless the court is convinced
that all other measures will fall in