Evening star., 1938-05-03
ACTION IN HOUSE
NEAR0N JUVENILE
CODEFORD DISTRICT
Report of Conferees on New
Court Plan May Be Voted
On Today.
preliminary INQUIRY
ISSUE COMPROMISED
Emphasis on Welfare Of Child
Rather Than Punishment Is
Sought in Bill.

The House may act today or tomor-
row on the conference agreement
reached late yesterday on the pro-
posed new Juvenile Court code for the
District, the need for which has been
debated in Congress at intervals for
more than 20 years.
Approval Of the agreement by both
branches of Congress will send the
measure to the White House for sig
nature. The Senate acts after the
House
After a week of negotiation, all Of
the conferees yesterday signed the
report embodying compromise on
the last remaining issue-how pre-
liminary investigations Of complaints
involving children should be handled.
The original House bill provided
that information concerning children
should be given to an agent of the
court, who would have determined
from preliminary inquiry whether
the court should take jurisdiction.
Under the Senate bill, information
would have been filed with the cor
poration counsel, who would have de-
termined after an inquiry by an agent
of the court whether the court should
take Jurisdiction.
Under the compromise, the director
of social work or some other officer
of the court would receive the infor-
nation and make the preliminary
investigation, but a recommendation
that the court should take jurisdic-
ton would be subject to consultation
with and approval by the corpora
ton counsel or his assistant assigned
to Juvenile Court.
Welfare Phase Emphasized
The conferees who worked out the
agreement were Senators King Of
Utah. COPELAND of New York, Tydings
Of Maryland and Austin of Vermont;
Representatives Palmisano of Mary
land Nichols of Oklahoma and Dirk
sen of Illinois.
In line with the modern trend OF
similar legislation in the States, the
main object of the bill is to eliminate
criminal characteristics of the proce-
dure in juvenile cases by adopting a
chancery or equity type of procedure.
Under the existing law of 1906, the
present Juvenile Court was described
in the Senate report on the pending
bill as essentially a police court for
children under II years Of age" The
new code seeks to place emphasis on
the welfare of the child rather than
prosecution and punishment for crime.
The bill raises the jurisdictional age
limit from II to 18. with discretion
vested in Juvenile Court to send to
District Court cases in which children
over 16 are involved in serious otfenses.
Trial Without Jury.
All cases involving children would
be heard without jury unless a jury
was demanded by the child, parent or
guardian. In cases brought to deter
mine the paternity of children born
out of wedlock, however, respondents
would be entitled to jury trial unless
that right was voluntarily waived. Also
when adults are charged with an Of
fense emitting them to jury trial they
expressly waive the right.
The new code seeks to strengthen
the court in dealing with adults
charged with willfully contributing to
or encouraging juvenile delinquency.
Privacy Of hearings is provided for,
to bar curiosity seekers, but not to
exclude persons having a legitimate
interest in the case, including legal
counsel. Court records would be open
to inspection only by respondents.
their parents, guardians or authorized
counsel, but otherwise only by order
of District Court.
Any interested party aggrieved by
final order of Juvenile Court could
apply to the United States Court Of
Appeals, and that court or one of its
justices could allow an appeal when
ever, in the opinion Of the court or
justice, the order should be reviewed
on any matter or law.
Senate Proviso Retained.
The final agreement leaves out the
House provision that would have
enabled the judge of Juvenile Court
to designate social workers as COM
missioners to hear cases in the first
instance and to dispose of them or
direct the filing Of a petition.
In the section of the bill defining
the courts power to commit children
to certain institutions and to make
such other disposition of childrens
cases as may be provided by law, the
final agreement retains the Senate
proviso that this shall not be con-
strued as authorizing removal Of a
child from custody of the parents
unless the child's welfare and the
safety of the public cannot adequately
be safeguarded without such removal.
AS long ago as 1914 committee
was appointed to draft a modern
juvenile court law. 1t passed both
houses, but died in conference. The
subject again was taken up in 1928
by the Welfare Code Commission, but
without obtaining legislation. Other
bills have been introduced in more
recent years. The pending measure
passed both houses last summer, but
too late for the conferees to work out
an agreement before adjournment,