Chapter 49. CHILD WELFARE.

§1. Children as Wards of the State.—All persons under the age of twenty-one years shall, for the purposes of this chapter only, be considered wards of this State, and their persons shall be subject to the care, guardianship and control of the court as hereinafter provided.(1915, c. 70, §1; 1919, c. 111, §1; Code 1923, c. 46A, §1.)

§2. Definition of Delinquent Child.—The word “delinquent child” shall mean any male or female child who, while under the age of eighteen years, violates any law of this State or any ordinance or regulation of any subdivision thereof; or who is incorrigible or habitually disobedient, or beyond the control of its parents or guardian of its person; or who knowingly associates with thieves, prostitutes, vicious or immoral persons; or who, without just cause and without the consent of its parents, guardian or custodian, absents itself from its home or place of abode; or who is growing up in idleness or crime; or who knowingly lives, works or resides in, or frequents, visits, loiters or loafs in and about a house of ill-fame, bawdy house or house of like character or kind; or who knowingly frequents or visits any policy shop or place where any gaming device is operated; or who patronizes or visits any public pool room where the game of pool or billiards is being carried on for pay or hire; or who patronizes or frequents any place where intoxicating liquors are sold or dispensed; or who frequents, or loiters or loafs in and around any public dance hall, carnival or public show; or who wanders about the public roads and streets in the nighttime without good excuse or without being on any lawful business or lawful occupation; or who loiters for purposes of prostitution; or who engages in automobile joyriding at unseemly hours in the nighttime when unaccompanied by parents or other proper persons; or who habitually wanders about any railroad yards or tracks; or who jumps, or attempts to jump, on any moving train, traction car, street car, truck or automobile; or who enters any car, engine or automobile without lawful authority; or who writes or uses vile, obscene, vulgar, profane or indecent language; or who is guilty of indecent, immoral or lascivious conduct; or who is habitually truant or habitually insubordinate in any school; or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment; or who runs away from his or her home, or place where he or she is lawfully employed. Any child committing any of these acts shall be deemed a delinquent child, and when proceeded against such proceedings shall be on behalf of the State, in the interest of the child and the State, with due regard to the rights and duties of parents and others, by petition to be filed by any reputable person; and to that end the child shall be dealt with, protected and cared for in any court having jurisdiction, as a ward of the State, in the manner hereinafter provided,(1915, c. 70, §1; 1919, c. 111, §1; Code 1923, c. 46A, §1.)

§3. Definition of Dependent Child.—The term “dependent child,” as used in this chapter, or in any statute concerning the care, custody or control of children, shall mean any boy under the age of sixteen years or any girl under the age of eighteen years, who is dependent upon public charity or who is destitute, homeless, or abandoned.(1915, c. 70, §1; 1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§4. Definition of Neglected Child.—The term “neglected child,” as used in this chapter, shall mean any boy not over sixteen years of age, or any girl not over eighteen years of age, who has not proper parental care or guardianship; or who habitually begs or receives alms; or whose home by reason of neglect, cruelty or disrepute on the part of parents, guardians or other persons in whose case it may be, is an improper place for a child to live; or whose environment is such as to warrant the State in the interest of the child in assuming its guardianship.(1915, c. 70, §1; 1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§5. General Definitions.—The word “child” or “children” may be held to mean one or more children, and the word “parent” or “parents” may be held to mean one or both parents, when consistent with the intent of this chapter. The word “association” shall include any association, institution or corporation which includes in its purpose the care or disposition of children coming within the meaning of this chapter.(1915, c. 70, §1; 1919, c. 111, §1; Code 1923, c. 46A, §1.)

§1. What Courts Have Juvenile Jurisdiction.—The circuit courts of this State shall have original jurisdiction in all cases coming within the terms of this article, except that in counties where a domestic relations court, or where a court of common pleas or intermediate court having chancery jurisdiction, has been or may be created, or if there be no such court but there be a criminal court, then the proceedings provided by this article shall be in such domestic relations court, court of common pleas, intermediate court, or criminal court, with right of appeal to the circuit court of such county.(1915, c. 70, §2; 1917, c. 63, §2; 1919, c. 111, §2; Code 1923, c. 46A, §2.)

§2. Juvenile Record.—The court may for convenience be called the “Juvenile Court”; and the findings of the court shall be entered in a book to be kept by the clerk of the court for that purpose, and to be known as the “Juvenile Record.”(1915, c. 70, §3; 1917, c. 63, §3; 1919, c. 111, §3; Code 1923, c. 46A, §3.)

§3. Trial by Jury.—In all trials under this article any person interested therein may demand a jury of twelve persons, or the judge of his own motion may order a jury of the same number to try the case.(1915, c. 70, §2; 1917, c. 63, §2; 1919, c. 111, §2; Code 1923, c. 46A, §2.)

§4. Powers of Judge in Vacation.—The powers conferred by this article upon any court may be exercised by the judge thereof at chambers in vacation.(1917, c. 63, §2; 1919, c. 111, §2; Code 1923, c. 46A, §2.)

§5. Probation Officers; Compensation and Expenses.—The courts in this State which have and exercise juvenile jurisdiction shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court so appointing; but such probation officers shall receive no compensation from the county treasury except as herein provided.

Of the number of probation officers named and designated by the court those who may receive compensation from the county shall be as follows: In counties having a population of forty-eight thousand or over, one or two probation officers may be appointed, in the discretion of the judge. If two are appointed, one shall be designated as chief probation officer and the other as assistant probation officer. The chief probation officer shall receive a salary not exceeding eighteen hundred dollars per year, and the assistant shall receive a salary not exceeding twelve hundred dollars per year, and expenses shall be allowed each probation officer in a sum not exceeding one hundred dollars per year: Provided, That in counties having a population of sixty thousand or over, the county court may pay the chief probation officer the sum of three hundred dollars per annum for each ten thousand of population or fraction thereof: Provided further, That the maximum sum paid any probation officer under this section shall not exceed three thousand dollars per annum. In counties having a population of eighteen thousand or over, or less than forty-eight thousand, one probation officer may be appointed at a salary not to exceed six hundred dollars per year, except that in the county of Berkeley the salary shall not exceed nine hundred dollars per annum, and expenses shall be allowed the probation officer of any such county in a sum not to exceed one hundred dollars per year. In any county of less than eighteen thousand population, one probation officer, at a salary of not to exceed one hundred dollars per year, shall be appointed by the judge of the court having and exercising juvenile jurisdiction, whenever, in the opinion of the judge, the county superintendent of schools, and a majority of the members of the county court of such county it shall be necessary so to care for the delinquent children of the county. In counties having a population of thirty thousand or over, whenever, in the opinion of the judge, a majority of the members of the county court, and the county superintendent of schools, additional probation officers to those allowed herein are necessary for the care of the delinquent children, not to exceed two assistant probation officers may be appointed in the manner provided by this article, at a salary of not to exceed six hundred dollars per year each.

The county superintendent of schools and the county commissioners in their respective counties shall constitute a board to investigate the competency of any person to act as a probation officer whenever such probation officer is to receive from the county a salary or other compensation provided for under this section. Any judge desiring to appoint such probation officer shall transmit the name of such prospective appointee to such board of the county in which such appointment is to be made, and it shall be the duty of a majority of such board to approve or disapprove of such appointee, within thirty days after submission of such name by such judge, and a failure to act thereon within such time shall constitute an approval of such appointee, and such judge may then make the appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the judge of their conclusions within thirty days from the submission of such name to the respective members thereof, whereupon it shall be the duty of the judge to withdraw such name and to submit another name for the approval of such board.

The appointment of probation officers and the approval thereof as to the qualification of such officers by the board herein designated, shall be filed in the office of the clerk of the juvenile court. Probation officers shall take such oath as is required of other county officers to perform their duties, and file it in the office of the clerk of the county court of the county where they have been appointed, in which office the same shall be preserved and recorded as in the case of oaths of other county officers.

Salaries or compensation of paid probation officers shall be fixed by the judge, not to exceed the sums herein provided for, and any bills for expenses, not exceeding the sums herein provided for, shall be certified to by the judge as being necessary in and about the performance of the duties of the probation officer or officers. The court or judge having jurisdiction may, if it be deemed best, apportion the allowance to probation officers among any two or more of them, but the total amount for any county shall not exceed the amount for such county fixed herein. The compensation and expenses allowed to probation officers hereunder shall be paid in monthly installments from the county treasury.

Nothing herein contained, however, shall be held to limit or abridge the power of the judge to appoint any number of persons as probation officers that may be willing to serve without pay from the county for their services and that the judge may see fit to appoint.(1915, c. 70, §6; 1917, c. 63, §6; 1919, c. 111, §6; 1921, c. 132, §6; Code 1923, c. 46A, §6.)

§6. Same; to Appear in Behalf of Any Child Brought Before Court.—It shall be the duty of the clerk of every court to notify, if practicable, the chief probation officer of his county when any child is to be brought before the court or judge, and when so notified, or when such probation officer otherwise obtains knowledge of such fact, it shall be the duty of such probation officer, or one of his assistants, to make investigation of such case, to be present in court, or before such judge, to represent the interests of the child when the case is heard, to furnish such information and assistance as the court or judge may require, and to take charge of any child before and after the trial, as may be directed by the court or judge.(1915, c. 70, §6; 1917, c. 63, §6; 1919, c. 111, §6; 1921, c. 132, §6; Code 1923, c. 46A, §6.)

§7. Same; to Have Powers of Policemen or Sheriffs.—Probation officers receiving a salary or other compensation from the county, as provided for by this article, are hereby vested with all the power and authority of policemen or sheriffs to make arrests and perform any other duties which are ordinarily performed by policemen and sheriffs and which may be incident to their office, or necessary or convenient to the performance of their duties. Other probation officers may be vested with like power and authority upon a written certificate from the court appointing them that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.(1915, c. 70, §6; 1917, c. 63, §6; 1919, c. 111, §6; 1921, c. 132, §6; Code 1923, c. 46A, §6.)

§8. Proceedings in Juvenile Court; How Instituted ; Petition.—Any reputable person, being a resident of the county, may file, with the clerk of the court of such county exercising juvenile jurisdiction, a petition in writing setting forth that a certain child, naming it, within his county, is delinquent as defined in section two, article one of this chapter; that it is for the interest of the child and this State that the child be taken from its parents, parent, custodian or guardian, and placed under the guardianship of some suitable person to be appointed by the court; and that the parents, parent, custodian or guardian of such child are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, correct, control or discipline such child, or that the parents, parent, guardian or custodian consent that such child may be taken from them. The petition shall also set forth the name and address, or that either such name or address is unknown to the petitioner, (a) of the person having the custody of such child; (b) of each of the parents, or the surviving parent, of a legitimate child, or of the mother of an illegitimate child; and (c) that one or both such parents are, or that such mother is, dead, and that no guardian of such child is known to petitioner, or whatever the facts may be as to such matters. All persons so named in such petition shall be made defendants by name, and shall be notified of such proceedings by summons, if residents of this State, in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this State, except only as herein otherwise provided. All persons, if any, who or whose names are stated in the petition to be unknown to the petitioner, shall be deemed and taken as defendants by the name and designation of “all whom it may concern.” The petition shall be verified by affidavit, which affidavit shall nevertheless be sufficient when upon information and belief only.(1915, c. 70, §4; 1919, c. 111, §4; Code 1923, c. 46A, §4.)

§9. Same; Process and Publication.—Process shall be issued against all persons named in the petition and all those made parties by the designation of “all whom it may concern,” and process by such description, and notice given by publication as is hereafter required, shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names. The summons shall require the person alleged to have the custody of such child to appear with the child at the time and place stated in the summons; and shall also require all defendants to appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof to the court or the judge in vacation, and may be served by the sheriff, or by any duly appointed probation officer, even though such officer be the petitioner. The return of such summons, with indorsement of the services made by the sheriff or by such probation officer in accordance herewith, shall be prima facie proof thereof.

Whenever it shall appear from the petition, or from the affidavit filed in the cause, that any named defendant resides or has gone out of the State, or on due inquiry cannot be found, or is concealed within this State, or that his place of residence is unknown, so that process cannot be served on him, or whenever any person is made defendant under the name or designation of “all whom it may concern,” the clerk shall cause publication to be made twice in some newspaper of general circulation published in his county, or if there be none published in his county, then in a newspaper published in this State at the nearest place to such county, and of general circulation in such county, of a notice substantially as follows:

A, B, C, D, et cetera (here giving the names of the defendants), and to “all whom it may concern” (if there be any defendants under such designation).

Take notice that on the......day of............., 19......., a petition was filed by............................... in the..............................court of.......................... county to have a certain child, named............................................declared a delinquent, and to take from you the custody and guardianship of said child, and (if the petition so prays) to appoint a guardian with power to give said child out for adoption.

Now, unless you appear within twenty days after the date of this notice and show cause against such application, the petition may be taken as confessed and a decree granted as prayed for.

Dated (the date of publication).

E. F., Clerk.

And such clerk shall also, within ten days after the first publication of such notice, send a copy thereof by mail, addressed to those defendants whose places of residence are stated in the petition and who shall not have been served with summons. Notice given by publication as required by this section shall be the only publication of notice required either in the case of residents, nonresidents or otherwise. The certificate of the clerk that he has sent such notice in pursuance of this section shall be prima facie evidence thereof.(1915, c. 70, §§4, 5; 1917, c. 63, §5; 1919, c. 111, §§4, 5; Code 1923, c. 46A, §§4, 5.)

§10. Same; Answer.—Every defendant who shall be duly summoned shall appear and answer either in writing or orally in open court, or before the judge in vacation, on the return day of the summons, or if such summons shall be served less than one day prior to the return day, then on the following day. Every defendant who shall be notified by publication as provided in this article shall appear and answer either in writing or orally in open court, or before the judge in vacation, within twenty days after the date of the published notice. The answer shall have as evidence no greater weight than the petition.(1915, c. 70, §5; 1917, c. 63, §5; 1919, c. 111, §5; Code 1923, c. 46A, §5.)

§11. Same; In Default of Answer Petition Taken as Confessed.—In default of an answer at the time or times specified in the next preceding section, or at such later time as, by order of the court or the judge thereof in vacation, may be granted to a defendant, the petition may be taken as confessed.(1915, c. §§4, 5; 1917, c. 63, §5; 1919, c. 111, §§4, 5; Code 1923, c. 46A, §5.)

§12. Same; When Persons Having Custody of Child May be Proceeded Against for Contempt or by Warrant of Arrest.—If the person having the custody or control of the child shall fail without reasonable cause to bring the child into court, or before the judge in vacation, he may be proceeded against as for contempt. In case the summons shall be returned not served upon the person having the custody or control of such child, or such person fails to obey the same, and in any case when it shall be made to appear to the court or judge by affidavit, which may be on information and belief, that such summons will be ineffectual to secure the presence of the child, a warrant may be issued on the order of the court or judge, either against the parents or either of them, or the guardian, or the person having the custody or control of the child, or with whom the child may be, to bring such person into court or before such judge; or a warrant may be issued against the child itself, to bring such child into court or before such judge.(1915, c. 70, §5; 1917, c. 63, §5; 1919, c. 111, §5; Code 1923, c. 46A, §5.)

§13. Same; Hearing; Appointment of Person to Represent Child.—On default of the custodian of the child, or on his appearance or answer, or on the appearance in person of the child in court or before such judge with or without the summons or other process, and on the answer, default or appearance of the other defendants thereto, or on their written consent to the proceedings, the court or judge shall at once, or as soon thereafter as may be, proceed to hear the evidence. The court or judge may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child.(1915, c. 70, §5; 1917, c. 63, §5; 1919, c. 111, §5; Code 1923, c. 46A, §5.)

§14. Temporary Disposition of Child.—At any time after the filing of the petition, and pending the final disposition of the case, the court or judge may continue the hearing from time to time, and may allow such child to remain in the possession of its custodian, or in its own home, subject to the friendly visitation of a probation officer, or it may order such child to be placed in the custody of a probation officer of the court, or of any suitable person appointed by the court or judge, to be kept in some suitable place provided by the city or county authorities, but in no event, except under order of the court or judge, to be held in the county jail or city lockup.(1915, c. 70, §5; 1917, c. 63, §5; 1919, c. 111, §5; Code 1923, c. 46A, §5.)

§15. Disposition of Child After Hearing.—If the court shall find any male or female child under the age of eighteen years to be delinquent within the meaning of this article, the court may allow such child to remain at its home subject to the friendly visitation of a probation officer, and may require such child or its parents, guardian of its person, or custodian to report to the court or probation officer, as often as the court may deem proper, with such record of the child’s conduct in its home or school as the court may direct; or if the parents, parent, guardian or custodian consent thereto, or if the court shall further find either that the parents, parent, guardian or custodian are unfit or improper guardians, or are unable or unwilling to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child and of the people of this State that such child be taken from the custody of its parents, parent, guardian or custodian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the court may commit such child to any institution incorporated under the laws of this State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, that embraces in its objects the care of delinquent children, and that has been duly accredited as hereinafter provided.(1915, c. 70, §7; 1919, c. 111, §7; Code 1923, c. 46A, §7.)

§16. Return of Child to Its Home on Probation.—Whenever it shall appear to the court, before or after the appointment of a guardian under this article, or after commitment to any institution or association, that the home of a child or of its parents, former guardian or custodian is a suitable place for such child, or that such child could be permitted to remain in, or be ordered to be returned to, its home consistent with the public good and the good of such child, the court may enter an order that such child remain in or be returned to its home on probation, parole or otherwise, it being the intention of this article that no child shall be taken away or kept from its home or away from its parents or guardian any longer than is necessary to preserve the welfare of such child and the interest of this State: Provided, however, That no such order shall be entered without first giving ten days’ notice to the guardian, institution or association to whose care such child has been committed, unless such guardian, institution or association consents to such order.(1915, c. 70, §10; 1919, c. 111, §8; Code 1923, c. 46A, §8.)

§17. Court May Allow Child to be Proceeded Against Criminally.—In any case of a delinquent child the court may in its discretion permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violation of city, village, or town ordinances; and in such case the petition filed under this article shall be dismissed.(1915, c. 70, §11; 1919, c. 111, §9; Code 1923, c. 46A, §9.)

§18. Court May Order Child Placed in Hospital.—The court may, when the health or condition of any child found to be neglected, dependent or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution that will receive it for like purposes without charge to the public authorities.(1915, c. 70, §12; 1919, c. 111, §10; Code 1923, c. 46A, §10.)

§19. Copy of Order as Proof of Authority of Guardian.—Any child found to be delinquent as defined in this article, and awarded by the court to a guardian, institution or association, or any child found to be neglected or dependent as defined in this chapter, and committed to the care of the West Virginia board of children’s guardians, shall be held by such guardian, institution, association or board, as the case may be, by virtue of the order entered of record in such case, and the clerk of the court shall issue and cause to be delivered to such guardian, institution, association or board a certified copy of such order of the court, which certified copy of such order shall be proof of the authority of such guardian, institution, association or board in behalf of such child, and no other process need issue to warrant the keeping of such child.(1915, c. 70, §13; 1919, c. 111, §11; Code 1923, c. 46A, §11.)

§20. Duration of Guardianship.—The guardianship authorized by this article shall continue until the court shall by further order otherwise direct, but not after the child shall have reached the age of twenty-one years.(1915, c. 70, §13; 1919, c. 111, §11; Code 1923, c. 46A, §11.)

§21. Report of Guardian or Institution; Removal.—The court may, from time to time, cite into court the guardian, institution or association to whose care a delinquent child has been awarded, and require him or it to make a full, true and perfect report as to his or its doings in behalf of such child; and it shall be the duty of such guardian, institution or association, within ten days after such citation, to make such report in writing verified by affidavit, or verbally under oath in open court, or otherwise as the court shall direct; and upon the hearing of such report, with or without further evidence, the court may, if it sees fit, remove such guardian and appoint another in his stead, or take such child away from such institution or association and place it in another, or restore such child to the custody of its parents or former guardian or custodian.(1915, c. 70, §14; 1919, c. 111, §12; Code 1923, c. 46A, §12.)

§22. Transfer of Cases From Justice or Police Magistrate.—When in any county where a court is held as provided in section one of this article, a male or female child under the age of eighteen years is arrested with or without warrant, such child may, instead of being taken before a justice of the peace or police magistrate, be taken directly before such court or the judge in vacation, or if the child is taken before a justice of the peace or police magistrate, such justice or magistrate shall inquire into such case, and unless he be of the opinion that no sufficient foundation exists for the charge of delinquency, it shall be the duty of such justice of the peace or police magistrate to transfer the child to the circuit or other court having jurisdiction of juvenile cases, and it shall be the duty of the officer having the child in charge to take the child before such court or the judge in vacation, and in any case herein provided for the court or judge may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court or judge upon petition as provided in this article. In every such case, the court or judge shall require notice to be given and the facts to be fully inquired into as in other cases under this article, and may adjourn the hearing from time to time for such purposes.(1915, c. 70, §15; 1917, c. 63, §15; 1919, c. 111, §13; Code 1923, c. 46A, §13.)

§23. Places Where Children May be Confined.—No court or magistrate shall commit a child under sixteen years of age to a jail or police station; and no sheriff, constable, jailer, police officer, or probation officer shall hold or keep any such child in any jail or police station; but if such child is unable to give bail it may be committed to the care of the sheriff, police officer or probation officer, who shall keep such child in some suitable place provided by the city or county outside of the inclosure of any jail or police station. When any child shall be confined in any institution in which adult prisoners or convicts are confined, it shall be unlawful to confine such child in the same building with such adult prisoners or convicts, or to confine such child in the same yard or inclosure with such adult prisoners or convicts, or to bring such child into any yard or building in which adult prisoners or convicts may be present. In counties having a population of forty thousand or over it shall be the duty of the proper authorities to provide and maintain at public expense a house separated and removed from any jail or lockup, with a matron or other person of good moral character in charge thereof, in which house all children within the provisions of this article shall, when necessary, before or after trial, be detained either for securing the attendance of such child at any hearing or trial of any cause, or for such disciplinary purposes as may seem necessary to the court for the best interests of such child and of the State.(1915, c. 70, §16; 1919, c. 111, §14; Code 1923, c. 46A, §14.)

§24. When Child Shall be Admitted to Bail.—Any child within the provisions of this article, who is informed against, or regarding which a petition has been filed, or who is for any purpose taken into custody, shall, at any time before it is tried and adjudged to be delinquent be entitled, by any friend or parent offering sufficient surety, to give bond, recognizance, or other security for its appearance at any hearing or trial of such case, in the same manner and to the same extent as persons informed against for crime.(1915, c. 70, §16; 1919, c. 111, §14; Code 1923, c. 46A, §14.)

§25. Counsel for Child.—The court may in any case, upon the request of such child or its parent or person representing it, appoint counsel to appear and defend on behalf of any such child, such counsel to receive no pay from the county.(1915, c. 70, §16; 1919, c. 111, §14; Code 1923, c. 46A, §14.)

§26. State Institutions to Maintain Agents for Supervision Over Paroled Children.—It shall be the duty of the board of managers, trustees, or such authorities as may be vested by law with the control or management, of any State institution to which juvenile delinquents may be committed by the courts of this State, to maintain an agent of such institution, whose duty it shall be to examine the homes of children paroled from such institution, for the purpose of ascertaining and reporting to such institution whether they have suitable homes; to assist children paroled or discharged from such institution in finding employment, and to maintain a friendly supervision over children paroled from such institution during the continuance of their parole. Such agent shall hold office subject to the pleasure of the board or other authority having charge of such institution and making the appointment, and shall receive such compensation as such board or authorities controlling such institution may determine out of any funds appropriated for such institution which may be applicable thereto.(1915, c. 70, §17; 1919, c. 111, §15; Code 1923, c. 46A, §15.)

§27. Fees of Officers That May be Taxed.—It shall be unlawful for any court clerk or other officer or person to tax or collect, or for any county to pay, any fees whatever which may be permitted by any law to be taxed or collected for the benefit of any clerk, justice, officer or other person for any case concerning any child coming within the provisions of this article for violating any law of this State, unless such child shall be proceeded against under the provisions and in accordance with the purpose of this article, except in capital cases or where the court shall direct a proceeding under the criminal laws, as provided in section seventeen of this article, or where a case has been instituted before a justice of the peace or police magistrate who shall duly comply with the terms of section twenty-two of this article.(1915, c. 70, §24; 1919, c. 111, §17; Code 1923, c. 46A, §17.)

§28. Reports of Juvenile Courts.—Between the first and fifteenth days of January of each year, or at such other time as the West Virginia board of children’s guardians may designate, the clerks of all courts exercising juvenile jurisdiction shall submit to said board a report in writing, upon blanks to be furnished by said board, showing separately the number and disposition of delinquent, dependent or neglected children brought before such court or judge, together with such useful information regarding such cases and the parentage of such children, and the character of their delinquency, dependency or neglect as may be reasonably obtained at the trials or hearings thereof in such courts and which may be required by the said board, and shall file a copy of such report with the county court of their respective counties, and shall also furnish to such county court from time to time such information regarding such matters as may be requested: Provided, That in every such report the name or identity of any child or parent shall not be disclosed.(1915, c. 70, §25; 1917, c. 63, §25; 1919, c. 111, §18; Code 1923, c. 46A, §18.)

§1. Corporate Status of Board; Members; Qualifications; Appointment; Terms.—There shall be a state board of children’s guardians known as the “West Virginia Board of Children’s Guardians.” It shall be a corporation, and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal. It shall consist of three members, who shall be citizens of the State, one of whom at least shall be a woman, and not more than two of whom shall be chosen from the same political party. They shall be appointed by the governor, by and with the consent of the senate. The members in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. Beginning on the first day of July, nineteen hundred and twenty-seven, and on the first day of July of each alternate year thereafter, a member of said board shall be appointed to serve for a term of six years. The board shall, following every appointment to the board, choose one of its members to be president thereof.(1899, c. 9, §§1, 2, 3; 1907, c. 40, §§1, 2; 1919, c. 110, §1; 1921, c. 134, §1; Code 1923, c. 46A, §46.)

§2. Removal of Members.—The governor may remove any member for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause.(1919, c. 110, §1; 1921, c. 134, §1; Code 1923, c. 46A, §46.)

§3. Vacancy in Board.—Any vacancy in the board, whether occurring by death, resignation, removal, or otherwise, shall be filled as provided by section eleven, article ten, of chapter three of this Code.(1899, c. 9, §2; 1907, c. 40, §2; 1919, c. 110, §1; 1921, c. 134, §1; Code 1923, c. 46A, §46.)

§4. Offices; Meetings; Compensation and Expenses.—The board shall be provided by the board of public works with offices at the state capital.

The board shall hold its annual meetings as soon as practicable after the close of each fiscal year. There shall be not more than four regular meetings each year.

The financial transactions of the board shall be supervised by the state board of control. The members of the board shall be paid at the rate of eight dollars per day for time actually employed or assigned and necessary traveling and hotel expenses: Provided, That no member shall be assigned more than five days in any one month.(1899, c. 9, §7; 1907, c. 40, §7; 1919, c. 110, §1; 1921, c. 134, §1; Code 1923, c. 46A, §46.)

§5. Report to the Governor.—The board shall make a biennial report to the governor, covering fully all its works, investigations, needs, and recommendations.(1899, c. 9, §5; 1919, c. 110, §3; 1921, c. 134, §1; Code 1923, c. 46A, §46.)

§6. Medical Tests and Printing.—Without charge to the board, the state department of health shall make such skin and blood tests and the superintendent of public printing shall do such printing for said board as its work and needs may require.(1921, c. 134, §2; Code 1923, c. 46A, §47.)

§7. Regulations and Employees.—The board of children’s guardians shall make such by-laws, rules and regulations not contrary to law, relative to its management, government and work, as it may deem proper; and shall appoint such officers, employees and general and district agents, as it may deem necessary to carry on the operations of said board, designating their duties and fixing their compensation: Provided, That at least one-half of the number of such agents shall be women.(1899, c. 9, §4; 1919, c. 110, §2; 1921, c. 134, §3; Code 1923, c. 46A, §48; 1923, c. 27, §3.)

§8. How Care and Custody of Dependent and Neglected Children Committed to Board.—It shall be lawful for the board, its officers or agents, to take or receive into custody or control children as hereinafter provided:

Whenever the board, any member, officer or agent thereof, or any reputable person, shall have probable cause to believe that a child is dependent, neglected, abandoned or cruelly treated, said board, member, officer, agent or person may at any time present a petition setting forth such facts, verified by the oath of some credible person having a personal knowledge thereof, to the circuit or other court exercising jurisdiction over juvenile cases, of the county in which such child resides, or to the judge of such court in vacation, and such court or judge may require such child to be delivered into the custody of said board, or such other custody as the court or judge may deem proper, to care for such child until a hearing can be had upon such petition; and reasonable notice of the time and place of such hearing shall be given to the local district agent of such board, and be served upon the person from whose custody such child was taken, or is sought to be taken; and such agent, or any parent, or other persons legally entitled to stand in loco parentis, or other relative of such child, may appear and be heard at such hearing. If the facts set forth in such petition, constituting dependency or neglect, shall, on the hearing, be maintained, and it shall appear to the court or judge that the interest and welfare of such child require the custody thereof to be changed, the court or judge shall order such custody changed, and may commit the child to the care of said board.(1899, c. 9, §§8, 9; 1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§9. Court to Supply Board With Certain Information.—All pertinent information adduced or developed at such hearing regarding the history and situation of the child, its parents and forebears, shall be supplied by the court or judge to the board at the time of commitment, on blank form to be provided by the said board, to enable the board to deal intelligently with the child, and eventually to provide the child with such information as is deemed advisable by the said board. All such information shall be kept by the board in permanent form, in the custody of its secretary. Such record shall be open to inspection only by permission granted by said board.(1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§10. Costs and Expenses of Investigation and Hearing to be Paid by County.—The costs and expenses necessary for proper work in connection with family case work investigation and a hearing or commitment under this article, shall be a proper charge against the county in which the hearing is held, and shall be paid by the county court thereof upon submission to it of an itemized statement thereof verified by affidavit of an agent of the board. The fees allowed for such hearings shall be the same as are allowed in proceedings for the commitment of boys to the West Virginia industrial school for boys.(1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§11. Support of Poor Parent and Children.—Whenever application is made to the board to accept the care and custody of a child hereunder, said board shall make a careful and thorough investigation, and, if it is found that it is a case of a poor but otherwise worthy parent or guardian, the board may, upon application to said court or judge, secure an order for the maintenance of such parent and child, which maintenance, when so fixed, shall be a proper charge against the county in which such parent and child reside, and shall be paid by the county court thereof under the provisions of the mother’s pension law or otherwise according to law.(1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§12. Physical and Mental Examination of Children.—All children committed to the board shall first receive a physical and mental examination, and the said board shall prepare and furnish blank forms for the purpose of recording the results of such examination.(1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§13. Return of Delinquent or Mentally Defective Children.—All children who are declared public wards and placed under the charge of said board and who afterward become delinquent, shall be returned to the court or judge by whom the child was committed, to be dealt with as a delinquent child; and all such children who are found to be mentally defective shall be returned to the county from which received to be examined and dealt with by the county mental hygiene commission.(1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§14. Children Declared Public Wards to Remain Such.—All children who are declared public wards under the provisions of this article a shall remain public wards until they attain the age of twenty-one years, unless by order of the court or judge by whom such children were so declared, upon a proper showing, they shall be returned to their parents, or other guardian, or shall be adopted in the manner prescribed by law.(1919, c. 110, §4; 1921, c. 134, §4; Code 1923, c. 46A, §49; 1923, c. 27, §4.)

§15. When Child to Remain in Its Home or to be Placed in Custody of Guardian or Institution.—If the court or judge shall find any male child under the age of sixteen years or female child under the age of eighteen years to be dependent or neglected within the meaning of this article, the court or judge may allow such child to remain at its home subject to the friendly visitation of an agent of the state board of children’s guardians, or to report to such court, judge or agent from its home or school at such times as such court, judge or board may require. And if the parent, guardian or custodian consent thereto, or if the court or judge shall further find that the parents, parent, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate in accordance with the general school law of the State, correct or discipline such child, and that it is for the interest of such child and of the people of this State that such child be taken from the custody of its parents, parent, custodian or guardian, the court or judge may make an order appointing as guardian of the person of a such child some reputable citizen of good moral character, or may enter an order committing such a child to some suitable state institution organized for the care of dependent or neglected children, or to some training or industrial school or children’s home-finding society, or to some association that embraces in its objects the purpose of caring for or obtaining homes for neglected or dependent children: Provided, That such school, society or association shall have been accredited as hereinafter provided.(1915, c. 70, §7; 1919, c. 110, §5; 1921, c. 134, §5; Code 1923, c. 46A, §50.)

§16. When Supervision of Board to Cease.—All children surrendered to the care or committed to the custody of the state board of children’s guardians shall be under its supervision and control in the manner herein provided, until they are received into an orphan asylum or children’s home, or other suitable home, as herein provided, or until otherwise ordered by the circuit or other court exercising jurisdiction in juvenile cases, or the judge thereof in vacation.(1899, c. 9, §10; 1919, c. 110, §7; 1921, c. 134, §7; Code 1923, c. 46A, §52.)

§17. Enticing Away of Child a Misdemeanor.—Any person who shall, either personally or by agent, entice, or attempt to entice, away a child from the custody of the state board of children’s guardians, its officers or agents, or of any private home in which such child may be placed hereunder, or who shall by threats, menace or force, deprive or attempt to deprive the board, its officers or agents, or such home, of the custody of a child, shall be guilty of a misdemeanor, and shall be fined not more than one hundred dollars, or be imprisoned in the county jail not more than six months, or by both such fine and imprisonment; and justices of the peace shall have concurrent jurisdiction, with the circuit or other courts having general jurisdiction of crimes, of the trial of such offenses.(1899, c. 9, §10; 1919, c. 110, §7; 1921, c. 134, §7; Code 1923, c. 46A, §52.)

§18. Placing Children in Institutions.—The state board of children’s guardians may place any children in its care or custody in any orphan asylum or children’s home that is incorporated under the laws of the State of West Virginia and approved by said board, and it shall be lawful for any such orphan asylum or children’s home to receive from said board, its officers or agents, any such children. As to any child or children so received, such orphan asylum or children’s home shall have the same rights, powers, privileges and authority, and be subject to the same duties, requirements and responsibilities, as in the case of children placed under its care and management in any of the other modes now allowed by law.(1899, c. 9, §11; 1919, c. 110, §8; 1921, c. 134, §8; Code 1923, c. 46A, §53.)

§19. Placing Children in Private Homes.—The state board of children’s guardians may, when in its discretion it shall appear proper, place any children in its care or custody in suitable private homes, and in such cases the said board, and the person or persons with whom said child or children are placed, shall observe and be governed by all of the provisions of the laws of this State concerning the placing of children in private homes and the rules and regulations of said board; and when necessary said board may place such children as need special care or supervision in private boarding homes temporarily.(1899, c. 9, §12; 1919, c. 110, §9; 1921, c. 134, §9; Code 1923, c. 46A, §54; 1923, c. 27, §9.)

§20. Investigation as to Inmates of Various State Institutions.—The state board of children’s guardians shall, upon the request of the state board of control, investigate, visit, and report to the state board of control regarding, any or all children paroled from the state industrial homes for girls, the state industrial schools for boys, or the state colored children’s home, or the home or homes to or in which children from said institutions are about to be or have been paroled or placed.(1919, c. 110, §10; 1921, c. 134, §10; Code 1923, c. 46A, §55; 1923, c. 27, §10.)

§21. Family Case Work Investigations.—The state board of children’s guardians shall also, upon the request of the state board of control, make family case work investigations of children who are mentally defective.(1923, c. 27, §10.)

§22. Investigation of Applications for Admission to State Schools and Hospitals.—The state board of children’s guardians may, upon the request of the principal of the schools for the deaf, dumb and blind, also investigate applications for admission to such schools and, upon request of the state board of control, investigate applications for admission to the state hospitals for orthopedic treatment, and in any of the cases covered by this paragraph said board shall have authority to procure proper medical and surgical examinations; and all expenses of such examinations and of the transportation of any applicant to the hospital and therefrom to his or her home shall be a proper charge against the county from which the applicant comes, and shall be allowed by the county court thereof, upon the submission to it of an itemized statement of such expenses, verified by the affidavit of an agent of said board.(1921, c. 134, §10; Code, 1923, c. 46A, §55; 1923, c. 27, §10.)

§23. Supervision of Homes, Hospitals or Institutions by Board.—All institutions, hospitals, lying-in or maternity homes, or associations receiving children for the purpose of care, training or placing in other institutions or in private homes under this chapter, other than state institutions subject to the management of the state board of control, shall be subject to visitation, inspection and supervision by the state board of children’s guardians, and it shall be the duty of the state board of children’s guardians to pass annually upon the fitness of every such institution, hospital, home or association as may receive, or desire to receive, children for the purposes aforesaid, and every such institution, hospital, home or association shall make, annually at such time as the said board may direct, report thereto, showing its conditions, management and competency adequately to care for or to train such children as are or may be received by or committed to it, and such other facts as said board may require; and upon said board being satisfied that any such association or institution is competent, and has adequate facilities to care for or to train such children, the board shall issue to the same a certificate to that effect, which certificate shall continue in force for one year, unless sooner revoked by said board, and no child shall be received by or committed to any such institution or association which shall not have received such certificate within eighteen months next preceding the commitment. The board may, at any time, require from any association receiving or desiring to receive children for the purpose of care, training or placing in other institutions or private homes, such reports, information and statements as the board shall deem proper or necessary for its action.

On the basis of its investigations and of the reports submitted to it, the board may offer to the officials in charge or to those in control of eleemosynary, charitable and correctional institutions included in this chapter, and to those dispensing relief funds, such suggestions as in its judgment it shall deem expedient; and it is authorized to institute proceedings for the revocation of charters of such institutions, organizations or societies as willfully fail to establish within a reasonable length of time such standards of work as are suggested by said board. All proceedings under this section shall be included by the board in its biennial report to the governor.(1915, c. 70, §18; 1919, c. 110, §11; 1921, c. 134, §11; Code 1923, c. 46A, §56.)

§24. Board to Examine Articles of Incorporation of Certain Institutions.—No association whose objects embrace the caring for, training or placing in institutions or private homes of, delinquent, dependent or neglected children shall hereafter be incorporated, unless the proposed articles of incorporation shall first have been submitted to and examined by the state board of children’s guardians; and the secretary of state shall not issue such a certificate of incorporation unless there shall first be filed in his office the certificate of said board that it has examined the said articles of incorporation, that in its judgment the incorporators are reputable, reliable and responsible persons, that the proposed work is needed and that the incorporation of such association is desirable for the public good and the welfare of delinquent, dependent or neglected children. Any amendment proposed to the articles of incorporation of any such association now existing or hereafter created shall in like manner be submitted to and be examined by the state board of children’s guardians; and the secretary of state shall not record such amendment or issue his certificate thereof unless there shall be filed in his office the certificate of said board that it has examined said amendment, that the association in question is, in the judgment of said board, performing in good faith the work undertaken by it, and that the said amendment is, in the judgment of the board, a proper one for the public good, and in the interest of delinquent, neglected or dependent children.(1915, c. 70, §19; 1919, c. 110, §12; 1921, c. 134, §12; Code 1923, c. 46A, §57.)

§25. Authority to Consent to Adoption of Children.—Whenever a petition filed as provided in section eight of this article, or a supplemental petition filed at any time after the appointment of the guardian, shall pray that the guardian appointed or to be appointed shall be authorized to consent to the legal adoption of the child, and the court upon the hearing shall find that it is to the best interests of such child that the guardian be given such authority, the court may, in its order appointing such guardian, empower him to appear in court where any porceedings for the adoption of such child may be pending, and to consent to such adoption: Provided, however, That before entering such order the court shall find from the evidence (a) that the parents or surviving parent of a legitimate child, or the mother of an illegitimate child, or if the child has no parents living the guardian of the child, if any, or if there is no parent living, and the child has no guardian, or the guardian is not known to the petitioner, then a known near relative of the child, if any there be, consents to such order; or (b) that one parent consents and the other is unfit for any of the reasons hereinafter specified to have the child, or that both parents are, or that the surviving parent is, unfit, or that the mother of an illegitimate child is so unfit for any such reasons—the grounds of unfitness being (1) depravity, (2) open and notorious adultery or fornication, (3) habitual drunkenness or addiction to the use of narcotic drugs for the space of one year prior to the filing of the petition, (4) extreme and repeated cruelty to the child, (5) abandonment of, or (6) desertion of, the child for more than six months next preceding the filing of the petition, and (7) that such child, if of the age of fourteen years or over, consents to such order. After being so authorized, the consent of the guardian so appointed for such child, when given in any adoption proceedings, shall be sufficient to authorize the court or judge before which such adoption proceedings are pending to enter a proper order or decree of adoption without further notice to, or consent by, the parents or relatives of such child.(1915, c. 70, §20; 1919, c. 110, §13; 1921, c. 134, §13; Code 1923, c. 46A, §58.)

§26. When a Child May be Placed by, or Received in State From, Nonresident Association.—No association, incorporated or unincorporated, existing under the laws of any other state, shall place any child in any family home within this State, either with or without indenture or for adoption, unless such association shall have furnished the state board of children’s guardians with such guaranty as it may require that there shall not be brought into the State, by such association or its agents, any child having any contagious or incurable disease, or having any deformity, or being of feeble mind, or of vicious character, and that such association will promptly receive and remove from the State any child brought into the State by its agents, that shall become a public charge within the period of five years after being brought into this State. Any person who shall receive for placing in a home, or shall place in a home, any child in behalf of any such association of any other state that shall not have complied with the requirements of this section shall be guilty of a misdemeanor, and, upon conviction thereof, be imprisoned in the county jail not more than thirty days, or fined not more than one hundred dollars, or both, in the discretion of the court.(1915, c. 70, §21; 1919, c. 110, §14; 1921, c. 134, §14; Code 1923, c. 46A, §59.)

§27. Board to Gather and Publish Statistics.—The state board of children’s guardians shall gather statistics and study legislation and problems connected with dependent, delinquent, neglected and defective children, and publish the results from time to time. It shall also make available, as far as practicable, to officials, institutions, and associations, dealing with these problems, and with such classes of children, such literature as shall tend to increase the efficiency of such officials, institutions, and associations.(1919, c. 110, §22; 1921, c. 134, §22; Code 1923, c. 46A, §67.)

§28. Payment by County of Cost of Maintaining Child Committed to Board and Maintained at State’s Expense.—The county court of every county shall pay into the state treasury at the rate of fifty dollars a year on account of each child from the county who shall be committed to the state board of children’s guardians and maintained at the expense of said board or of the West Virginia children’s home or the West Virginia colored children’s home. But in all cases of children so committed and maintained, the parent, if of sufficient means, or the guardian, where the child has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such child and the county court of such county shall have the right to recover the same of such parent or guardian in any court of competent jurisdiction.

The executive secretary of the state board of children’s guardians, the superintendent of the West Virginia children’s home, and the superintendent of the West Virginia colored children’s home shall certify to the auditor and to the state board of control lists of all such children who shall have been in their custody, or in the custody of any of them, and the collection and payment of the amounts so due from the county court of each county shall be made, in accordance with the provisions of sections seventeen and eighteen, article three, chapter twenty-eight of this Code.(1929, c. 9.)

§1. Proceedings Not to be Evidence Against Child, or be Published.—Any evidence given in any cause or proceeding under this chapter, or any order, judgment or finding therein, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatsoever, except in subsequent cases under this chapter involving the same child; nor shall the name of any child in connection with any proceedings under this chapter be published in any newspaper without a written order of the court.(1915, c. 70, §1; 1919, c. 111, §1; Code 1923, c. 46A, §1.)

§2. Officer of Institution to Which Child Committed to be Guardian.—In every case under this chapter where a child is committed to an institution or association, the court or judge shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in the institution or with the association whereof he is such officer, and to hold such child, care for, train and educate it therein, subject to the rules and laws that may be in force from time to time governing such institution or association.(1915, c. 70, §8; 1919, c. 110, §6, c. 111, §7; 1921, c. 134, §6; Code 1923, c. 46A, §§7, 51.)

§3. Religious Belief of Parents to be Observed.—The court in committing any child, or the state board of children’s guardians in placing any child, shall place such child as far as practicable in the care and custody of some individual holding the same religious belief as the parents or relatives of such child, or with some institution or association that is controlled by persons of like religious belief with that of the parents or relatives of such child.(1915, c. 70, §22; 1919, c. 110, §15; c. 111, §16; 1921, c. 134, §15; Code 1923, c. 46A, §§16, 60.)

§4. Parents Required to Contribute to Support of Child Placed in Home or Institution or Under Guardianship.—If it shall appear upon the hearing of any case under this chapter that the parents, parent, or any person or persons named in the petition who are in law liable for the support of the child, are able to contribute to the support of such child, the court or judge shall enter an order requiring and directing such parents, parent or other person to pay to the guardian appointed in the proceedings hereunder, or to the person, institution, association, or society to which such child may be committed, a reasonable sum from time to time for the support, maintenance and education of such child, and may further require and direct such parents, parent or other persons to give reasonable security for the payment of such sum, and, upon failure to give such security or to pay, may enforce obedience to such order by proceeding as for contempt of court. The court or judge may, on application, and on such notice as the court or judge may direct, from time to time, make such alterations in the allowance as shall appear reasonable and proper.(1915, c. 70, §27; 1917, c. 63, §27; 1919, c. 110, §16; c. 111, §20; 1921, c. 134, §16; Code 1923, c. 46A, §§20, 61.)

§5. Enforcement of Order for Support From Wages.—If the person so ordered to pay for the support, maintenance and education of a delinquent, dependent or neglected child shall be employed for wages, salary or commission, the court or judge may also order that the sum to be paid by him shall be paid to the guardian or institution, society, association, or person having custody of such child, out of his wages, salary or commission, and that he shall execute an assignment thereof pro tanto. The court or judge may also order the parent or the person so ordered to pay the sum of money for the support, maintenance and education of a child, from time to time, to make discovery to the court or judge as to his place of employment and the amount earned by him. Upon his failure to obey the order of the court or judge he may be punished as for contempt of court.(1915, c. 70, §28; 1917, c. 63, §28; 1919, c. 110, §17, c. 111, §21; 1921, c. 134, §17; Code 1923, c. 46A, §§21, 62.)

§6. Guardianship of Estate of Child Not Affected.—Nothing in this chapter shall be construed to give the guardian appointed hereunder the guardianship of the estate of the child, or to change the age of minority for any other purpose except the custody of the child: Provided, That any guardian of the estate of a child committed to guardianship hereunder shall furnish, at such times and in such form as may be required, full information concerning the property of the child to the state board of children’s guardians, or to the court or judge before whom the case of any such child is heard.(1915, c. 70, §29; 1919, c. 110, §18, c. 111, §22; 1921, c. 134, §18; Code 1923, c. 46A, §§22, 63.)

§7. Contributing to Delinquency, Dependency or Neglect of Child.—Any person who shall by any act cause, encourage or contribute to the delinquency of a child or to the dependency or neglect of a child, as these terms with reference to children are defined by the statutes of this State, or who shall for any cause be responsible therefor, shall be guilty of a misdemeanor, and, upon trial and conviction thereof, shall be fined not to exceed five hundred dollars, or imprisoned in the county jail for a period not exceeding one year, or both.(1915, c. 70, §33; 1919, c. 110, §19, c. 111, §26; 1921, c. 134, §19; Code 1923, c. 46A, §§26, 64.)

§8. Suspension of Sentence.—The court or judge may suspend the sentence of any person found guilty, in any case under this chapter, of contributing to the delinquency, or to the dependency, or to the neglect, of any child, or stay or postpone the enforcement of execution of such sentence, or release such person from custody, upon such conditions as shall be imposed by the court or judge in accordance with the provisions of this chapter.(1915, c. 70, §34; 1919, c. 111, §27; Code 1923, c. 46A, §27.)

§9. Bond on Such Suspension.—The conditions upon which the sentence of any person found guilty under this chapter of contributing to the delinquency, or to the dependency, or to the neglect of any child, may be suspended, may include the furnishing of a good and sufficient bond to the State of West Virginia in such penal sum as the court shall determine, not exceeding one thousand dollars, conditioned for the furnishing of whatever treatment and care may be required for the welfare of such child, or for the doing of whatever may be calculated to secure obedience to the law or to remove the cause of such delinquency, dependency or neglect; and for the payment of such amount as the court may order, not exceeding twenty dollars per month, for the support, care and maintenance of the child to whose delinquency, dependency or neglect such person has contributed; such sum to be expended under the directions and orders of the court or judge for the purposes mentioned.(1915, c. 70, §35; 1919, c. 111, §28; Code 1923, c. 46A, §28.)

§10. Suspension of Sentence to Cease Upon Breach of Conditions.—Upon the violation of and of the conditions stated in any bond given as provided in the preceding section, the suspension of sentence shall cease and the person so found guilty shall be liable to arrest for imposition of sentence, and any bond given to secure such suspension of sentence shall be forfeited.

§11. Custody of Child Upon Conviction of Person Contributing to Its Delinquency, Dependency or Neglect.—Where any person is found guilty in any case under this chapter of contributing to the delinquency of any child, or of contributing to the dependency or neglect of any child, the court or judge may place such child in the temporary custody of the state board of children’s guardians or of some responsible person or accredited institution, and may, if the sentence of the person so found guilty be suspended, make it a condition of so suspending sentence that such person shall pay for whatever treatment and care may be required for the welfare of such child, and for its support and maintenance while in the custody of said board, person or institution, and any other expense that may have resulted from, or be necessary because of, the act or acts of the person so found guilty, and also, if the court or judge deem it necessary, that such person shall give bond with sufficient sureties, in a penalty not exceeding one thousand dollars, conditioned upon fulfilling the conditions so imposed; or the court or judge may, on suspending the sentence of a person so found guilty, permit such child to remain in the custody of such person, and make it a condition of so suspending sentence that such person shall provide whatever treatment and care may be required for the welfare of such child, or shall do whatever may be calculated to secure obedience to the law or to remove the cause of such delinquency, dependency or neglect, and also, if the court or judge deem it necessary, that such person shall give bond with sufficient sureties, in a penalty not exceeding one thousand dollars, conditioned upon fulfilling the conditions so imposed. In either case, if the conditions so imposed be accepted the sentence may be suspended, and if complied with shall remain suspended, subject to be enforced upon the violation of any of the conditions so imposed; and upon any failure to comply with any of the conditions so imposed the sentence shall be enforced and any bond given to insure the performance of the conditions shall be forfeited.(1915, c. 70, §36; 1919, c. 110, §20, c. 111, §29; 1921, c. 134, §20; Code 1923, c. 46A, §§29, 65; 1925, c. 75, §65.)

§12. Proof in Cases of Contributing to Delinquency, Dependency or Neglect.—In order to find any person guilty of contributing to the delinquency, or to the dependency, or to the neglect of any child, it shall not be necessary to prove that the child has actually become delinquent, dependent or neglected, as the case may be: Provided, That it appears from the evidence that such person is guilty of conduct or of an act of neglect or omission of duty on his part toward such child which would tend to bring about or to encourage the delinquency, dependency, or neglect, as the case may be, of such child.(1915, c. 70, §41; 1919, c. 110, §21, c. 111, §34; 1921, c. 134, §21; Code 1923, c. 46A, §§34, 66.)

§13. Recovery on Suspension Bond Without Separate Suit.—As a part of the condition of any bond or bonds given upon the suspension of any sentence following the finding of any person guilty of an offense under this chapter, it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court or judge may cause a citation or summons to issue to the surety or sureties thereon, requiring that he or they appear at a time or named by the court or judge, which time shall be not less than ten nor more than twenty days from the issuance of the summons, and show cause, if any there be, why a judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or of failure to show any such sufficient cause, the court shall enter such judgment in behalf of the State of West Virginia against the principal and such surety or sureties on such bond not to exceed the sum of one thousand dollars including the costs. Any moneys collected or paid upon any such execution, or in any case upon such bond, shall be turned over to the clerk of the court exercising jurisdiction in juvenile cases in the county in which such bond is given, to be applied first to the payment of all court costs and then to the treatment, care or maintenance of the child or children for whose delinquency, dependency or neglect such conviction was had, in such manner and upon such terms as the a court may direct. If any such moneys so collected be unnecessary for the purposes last mentioned, it shall be turned over within one year to the treasurer of the county.(1915, c. 70, §37; 1919, c. 111, §30; Code 1923, c. 46A, §30.)

§14. Suspended Sentence May be Enforced.—If, in the case of any person found guilty of contributing to the delinquency or to the dependency or neglect of any child, where the court or judge has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant, or upon any other terms and conditions which may have been imposed by the court or judge, it shall be made to appear to the satisfaction of the court or judge at any time while such suspension of sentence or stay of execution remains in effect, that the sentence ought to be enforced, the court or judge may thereupon enforce the same, and any jail sentence thereunder shall commence from the date upon which such sentence is ordered to be enforced.(1915, c. 70, §38; 1919, c. 111, §31; Code 1923, c. 46A, §31.)

§15. Suspension of Sentence Not to Exceed Two Years.—No sentence shall be suspended, or final judgment or execution stayed, in the case of any person found guilty under this chapter, for any period exceeding two years. If at any time prior thereto it shall appear to the satisfaction of the court or judge that such person has complied faithfully with the conditions of any suspended sentence, stay of judgment or execution, or that he is for any cause in the opinion of the court or judge entitled to be released therefrom, the court or judge may suspend such sentence indefinitely, in which case such person shall be finally released and discharged, as he shall be in any event at the end of two years from imposition of any sentence: Provided, That if any defendant be actually serving a jail sentence imposed under the provisions of this chapter and begun before the expiration of such two years, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.(1915, c. 70, §39; 1919, c. 111, §32; Code 1923, c. 46A, §32.)

§16. Prosecution of Complaints.—Probation officers having the powers of sheriffs or police officers, as well as county prosecuting attorneys, shall have the right and be vested with all the power necessary to file complaints against any person under this chapter and to prosecute any such case. In all such cases it shall be the duty of the county prosecuting attorney representing the people to prepare any such complaints and prosecute any such cases for the state board of children’s guardians or probation officers, when so requested by such board or officers or the judge of the juvenile court; but nothing herein shall be so construed as to interfere with any county prosecutor representing the people prosecuting such cases under this chapter or any other statute as in other criminal cases.(1915, c. 70, §40; 1919, c. 111, §33; Code 1923, c. 46A, §33.)

§17. Interference with Disposition of Child Punishable as Contempt of Court.—Any person who shall interfere with the direction or disposition of any child under any order of the court or judge concerning the child, made in pursuance of the provisions of this chapter, or with the state board of children’s guardians, or any probation or other officer of the court in carrying out the directions of the court or judge under any such order, shall be held to be in contempt of court and subject to punishment as for contempt of court.(1915, c. 70, §32; 1919, c. 111, §25; Code 1923, c. 46A, §25.)

§18. Appeals and Writs of Error.—Cases under this chapter, if tried in any inferior court, may be reviewed by writ of error or appeal to the circuit court, and if tried or reviewed in a circuit court, by writ of error or appeal to the supreme court of appeals.(1915, c. 70, §30; 1917, c. 63, §30; 1919, c. 111, §23; Code 1923, c. 46A, §23.)

§19. Placing Children in Infirmaries.—No child shall be placed in a county or district infirmary in the State for other than temporary care, and when a dependent, neglected or abandoned child is so placed, written notification shall be made to the state board of children’s guardians not later than three days after a child enters the infirmary; and when a mentally defective child is so placed, like notice shall be given to the state board of control. If the superintendent of the county or district infirmary fails so to notify the state board of children’s guardians or the state board of control, as the case may be, he or she shall be guilty of a misdemeanor, and shall be fined not more than twenty-five dollars for each offense.(1923, c. 27, §23.)

§1. When County Court May Submit Establishment to Voters.—When it shall appear to the county court of any county in the State that a necessity exists for the establishment of a detention home for the temporary care and custody of delinquent, truant, dependent or neglected children, the county court may submit the question of locating, purchasing, erecting, leasing or otherwise providing and establishing, and of supporting and maintaining, such detention home, and of levying a tax to cover the cost of the same, to the legally qualified voters of the county in the manner provided by section six of this article and without first receiving a petition therefor from the voters.(1915, c. 70, §44; 1919, c. 111, §37; 1921, c. 133, §37; Code 1923, c. 46A, §37.)

§2. Equipment and Management.—Such detention home when established shall be so arranged, furnished and conducted, that the inmates thereof shall, as nearly as practicable for their safe custody, be cared for as in a family home and public school. To this end the employees provided and selected to control and manage such home shall consist of a discreet woman of good moral character, who shall be designated as “superintendent and matron,” or of a man and woman of good moral character, who shall be designated respectively as “superintendent” and “matron,” and of such other employees as in the opinion of the county court shall be necessary to the proper care and maintenance of such home. The superintendent and matron shall reside in the home and at least one of them shall be competent to teach and instruct children in all branches of education that are embraced in the curriculum of the public schools of the county up to and including the eighth grade. The home shall be supplied with all necessary and convenient facilities for the care of the inmates as herein provided.(1915, c. 70, §45; 1919, c. 111, §38; Code 1923, c. 46A, §38.)

§3. Employees; Supplies and Repairs.—The superintendent and matron shall be designated and appointed by the county court to serve during the pleasure of such court, and shall receive such salary, payable in monthly installments, as such county court may provide and fix. All other necessary employees for the conduct, care and maintenance of such home shall be elected, named and appointed in like manner and receive such salaries as shall be fixed and provided by such county court. The supplies or repairs necessary to maintain, operate and conduct such home, shall be furnished upon the requisition of its superintendent to the president of the county court, and the bills therefor shall be audited, passed upon, and paid as other bills for supplies furnished for county institutions.(1915, c. 70, §46; 1919, c. 111, §39; Code 1923, c. 46A, §39.)

§4. Duties as to Children Committed; Records; Reports.—It shall be the duty of the superintendent or matron to receive and detain temporarily, or until the further order of the court, or judge thereof, all children who are committed to the home by the circuit or other court of the county or judge thereof; and to keep a complete record of all children committed to such home. Such record shall show the name, age and residence of each child and the cause and period of its detention, the offense, if any, alleged to have been committed by such child, and any other useful data or information that may be directed to be kept by the court ordering the detention of the child, or the judge thereof. A record shall also be kept by such superintendent or matron of all expenditures made by the county for the care and maintenance of such home. An annual report shall be made to the county court by the superintendent or matron on the first day of June in each year, and such superintendent or matron shall file a copy of such report with the clerk of the county court of the county. Such report shall contain an itemized statement of all expenses necessary to maintain such home, together with the number of inmates therein during each month. The circuit or other court having jurisdiction, or the judge thereof, or the president of the county court, may at any time demand, in which case it shall be the duty of the superintendent or matron to furnish, such information as such circuit or other court, or the judge thereof, or the president of such county court may require, concerning the conduct, maintenance, or inmates, of such home.(1915, c. 70, §47 ; 1917, c. 63, §47; 1919, c. 111, §40; Code 1923, c. 46A, §40.)

§5. Tax for Establishment and Maintenance.—The county court of any county shall have the power and authority, in addition to taxes levied and collected for other county purposes in each county, to levy and collect annually a tax not exceeding one mill on the dollar valuation upon all property within the county, for the purpose of purchasing, erecting, leasing or otherwise providing, establishing, supporting and maintaining such detention home: Provided, That the sections of this article relating to the establishment and maintenance of a county detention home shall have been adopted and the levy and collection of such tax authorized by the legal voters of the county in the manner provided by section six of this article.(1915, c. 70, §48; 1917, c. 63, §48; 1919, c. 111, §41; Code 1923, c. 46A, §41.)

§6. Proposition for Establishment to be Submitted to Voters.—The proposition for the establishment and maintenance of a county detention home, as provided in sections one and five of this article, shall be submitted to the legal voters of the county by causing a vote to be taken upon the question at the several places of voting in such county at the succeeding general election which is first held in the county after such vote is ordered taken; but the order for the submission of such proposition at such election shall be published by such county court once each week for four successive weeks prior to such election in two newspapers of opposite politics, if such there be, of general circulation in such county. A vote shall thereupon be taken upon such question, and the result ascertained and certified according to the regulations prescribed for a general election of county officers. The proposition so to be voted for shall be printed on a separate ballot, to be prepared and provided in the same manner as other ballots, and such ballots shall be in form as follows:

If the majority of the votes cast for and against such proposition shall be for adoption of such proposition, the provisions of this article relating to a detention home shall be adopted, and the county court shall enter of record an order declaring such provisions in force in such county, and the tax provided for in this article shall thereafter be annually levied and collected in such county for the purposes specified in this article, until such time as the legal voters of the county shall vote to discontinue such home in the manner provided in section seven of this article.

The submission of the proposition to establish and maintain a detention home, and to levy a tax to pay the cost of its establishment and maintenance, shall be mandatory upon the county court of any county when there is presented to the county court of such county a petition for such submission, signed by a number of legal voters, who are freeholders, of such county equal to one per cent of the total number of registered voters of such county, as shown by the registration books thereof on the first day of the month in which such petition is presented to the county court.(1915, c. 70, §49; 1917, c. 63, §49; 1919, c. 111, §42; Code 1923, c. 46A, §42.)

§7. Proposition for Discontinuance to be Submitted to Voters.—The county court of any county which shall have established a detention home may, if it is deemed by such court expedient to discontinue the maintenance of the same, submit the question of discontinuance to the voters of the county at any general election, and shall submit such question if there is presented to such county court a petition for such submission, signed by a number of legal voters, who are freeholders, of such county equal to one per cent of the total number of registered voters of such county as shown by the registration books thereof on the first day of the month in which such petition is presented to the county court. The proposition so to be voted for in such general election shall be printed on a separate ballot, to be prepared and provided in the same manner as other ballots, and such ballot shall be in form as follows:

If a majority of the votes cast for and against the proposition shall be for discontinuance, the county court shall enter of record an order for such discontinuance, and shall no longer levy and collect the tax provided for in this article.(1915, c. 70, §50; 1917, c. 63, §50; 1919, c. 111, §43; Code 1923, c. 46A, §43.)

§8. Temporary Commitment; Maintenance of Children by Parents.—Any court or judge, acting under and in pursuance of this chapter or any amendments thereto, may commit any child coming within the terms of this chapter to such home, temporarily, and shall require the parents or parent of such child to pay into the county treasury, monthly, a sum equal to the cost of keeping such child so long as it may be confined in such home: Provided, That if any such parent shows to the court or judge, by satisfactory evidence, that he or she is unable to pay such amount, then the court or judge may remit such charge.(1915, c. 70, §51; 1919, c. 111, §44; 1921, c. 133, §44; Code 1923, c. 46A, §44.)

§9. Where Already Established to be Continued Without Submission to Voters.—The provisions of this article requiring the submission of the proposition to authorize the county authorities to establish and maintain a detention home, and to levy a tax to pay the cost of its establishment and maintenance, shall not apply to any county where the county court thereof has already located a site for such home, or purchased or leased real estate for such purpose, or otherwise made provision for the same, pursuant to laws existing at the time, and such county court shall not be required to submit the question of establishing and maintaining such home to the legally qualified voters of the county, and such home shall be established or continued and maintained as if such question had been so submitted as provided in this article.(1921, c. 133, §44; Code 1923, c. 46A, §44.)

§1. Members.—There shall be in each county of the State a county welfare board, which shall consist of not less than six nor more than twelve members, of whom the president of the county court and the judge having juvenile jurisdiction, when a resident of the county, shall be ex-officio members, and the other members shall be residents of the county. They shall be appointed by the county court from a list of eligible citizens from the various districts of the county submitted by the state board of children’s guardians, and all members shall serve without pay. At least three members of such board shall be women.(1923, c. 60, §1; 1929, c. 30, §1.)

§2. Terms and Vacancies.—The members of the county welfare board shall be appointed at the first regular meeting after the list of eligible citizens has been submitted to the county court. The members first appointed shall hold office for one and two years, the term of each being designated at the time of his or her appointment. All subsequent appointments shall be for the term of two years. The board shall meet to organize the second Thursday after appointments have been made. Subsequent regular meetings of the board shall be held monthly at such time and place as the board may designate. Any vacancy on the board shall be filled by the county court from the list of eligible citizens submitted by the state board of children’s guardians.(1923, c. 60; 1929, c. 30, §3.)

§3. Offices, Equipment and Supplies.—The county court shall provide office quarters, equipment and supplies for the board.(1923, c. 60, §4.)

§4. Duties of Board.—The duties of the board shall be to advise and cooperate with and assist the state board of children’s guardians in its work in the county and to make such visitations and reports as the state board of children’s guardians may request; to act in a general advisory capacity to the county and municipal authorities in dealing with questions of dependency and delinquency, distribution of poor funds and social conditions generally.(1923, c. 60; 1929, c. 30, §2.)

§5. Secretary; Salary.—The county board may, subject to the approval of the state board of children’s guardians, appoint a secretary properly qualified in education, training and experience, which welfare secretary shall be secretary of the county board and receive such salary as the board shall determine with the approval of the county court. The salary of the secretary may be paid, not more than one-half by the state board of children’s guardians and the remainder by the county. Such secretary may, and, when deemed advisable by such county court and such judge having juvenile jurisdiction shall, be the county juvenile probation officer.

In a county where a county welfare secretary has already been appointed by the judge having juvenile jurisdiction, such secretary may continue to hold office if the county welfare board, after appointment, shall approve such continuation in office. In case the county welfare board shall not so approve such secretary’s continuation in office, such secretary shall continue to serve six months when such secretary shall be replaced.(1923, c. 60; 1929, c. 30, §§2, 5.)

§6. Duties of Secretary.—A secretary appointed under this article shall, when so directed by the judge having juvenile jurisdiction, perform the duties of juvenile probation officer, aid in the investigation and supervision of county allowance to mothers under the mother’s pension law, investigate and report on all applications for poor relief, supervise the distribution of the poor fund and cooperate with the state labor inspectors in furtherance of their duties.(1923, c. 60, §4; 1929, c. 30, §6.)

§7. Reports by Certain Public Officers and Employees.—It shall be the duty of all county agricultural agents, local health officers, school teachers and county superintendents of schools to report to the county welfare boards of their respective counties all cases which shall come to their knowledge and that need attention by the county welfare board.(1923, c. 60, §7.)

§8. Traveling and Other Necessary Expenses.—The traveling and other necessary expenses of the several members of the county welfare board, when acting officially as members thereof, and similar expenses of the secretary while employed in the business of such board, shall be paid by the county court on presentation to it of itemized accounts of such expenses duly verified by affidavit.(1923, c. 60, §8.)

§1. To be Liberally Construed for Welfare of Child.—The preceding articles of this chapter shall be liberally construed to the end that its purposes may be carried out, to-wit: that the care, custody and discipline of the child shall approximate as nearly as may be that which should be given by its parents in cases of delinquency; that as far as practicable any delinquent child shall be treated, not as a criminal, but as misdirected and misguided and needing aid, encouragement and assistance, and if such child cannot be properly cared for and corrected in its own home, or with the assistance and help of the probation officers, then, that it may be placed in a suitable institution where it may be helped and educated and equipped for industrial efficiency and useful citizenship; that proper guardianship may be provided for dependent or neglected children, and that such children may be educated and cared for, as far as practicable, in such manner as best subserves their moral, intellectual and physical welfare, and as far as practicable in proper cases that the parent or persons having such children in their care, custody or control may be enabled and compelled to perform their moral and legal duty in the interests of such children.[1915, c. 70, §26; 1919, c. 110, §4(f), c. 111, §19; 1921, c. 134, §4(f); Code 1923, c. 46A, §§19, 49(f); 1923, c. 27, §4(f).]

§2. To be Liberally Construed in Favor of State.—The preceding articles of this chapter shall always be liberally construed in favor of the State for the purpose of the protection of the child from neglect or omission of parental duty toward the child by the parents, as well also to protect the children of the State from the effects of the improper conduct or acts, or the bad example, of any person or persons whomsoever, which may be calculated to cause, encourage or contribute to the delinquency, dependency or neglect of children, although such persons are in no way related to the child.(1915, c. 70, §42; 1917, c. 63, §42; 1919, c. 111, §35; Code 1923, c. 46A, §35.)

§3. Not to be Construed as a Repeal of Other Criminal Statutes.—Nothing in the preceding articles of this chapter shall be construed to be in conflict with, or to repeal, or to prevent proceedings under, any law or statute of this State which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory delinquency, or contributory dependency or contributory neglect, or to prevent or interfere with proceedings under any such laws or statutes; nor shall it be construed to be inconsistent with, nor to repeal any statute providing for the support by the parent or parents of their minor children, or any statute providing for the punishment of cruelty to children, or the taking of indecent liberties with, or for selling liquor, tobacco or firearms to children, or for permitting them in evil or disreputable places, and nothing in any such or similar statutes shall be construed to be inconsistent with or to repeal this and the preceding articles of this chapter, or prevent proceedings thereunder, but in all cases where there shall be more than one prosecution for the same offense under whatever statutes of the character herein described, the facts may be given in evidence to the judge of the court, and may be in the discretion of the court considered in mitigation of any sentence in any such eases.(1915, c. 70, §43; 1919, c. 111, §36; Code 1923, c. 46A, §36.)

§4. How Population of Counties Determined.—In applying the provisions of the preceding articles of this chapter, all counties shall be deemed to have the population as shown by the last official United States census taken prior to such application or to the arising of any question in connection with said articles.(1915, c. 70, §31; 1919, c. 111, §24; Code 1923, c. 46A, §24.)

§5. Partial Invalidity Not to Affect Other Parts.—The invalidity of any portion of this or the preceding articles of this chapter shall not affect the validity of any other portion thereof which can be given effect without such invalid part.(1915, c. 70, §52; 1919, c. 111, §45; Code 1923, c. 46A, §45.)

§1. County Court to Notify State Board of Children’s Guardians.—When there shall be in the almshouse or infirmary of any county any children who have no parent, relatives or friends that are fit, able and desire to care for them, and it appears that such children, if not otherwise cared for, will be permanent inmates of such almshouse or infirmary, the county court of the county shall notify the state board of children’s guardians of the presence of such children in such almshouse or infirmary, and it shall be the duty of said state board of children’s guardians to proceed, as in the case of dependent or neglected children, to have such children committed to the care and custody of said state board of children’s guardians.(1899, c. 50, §1; Code 1923, c. 57A, §13.)

§1. What Children Admitted.—It shall be lawful for the directors of any corporation formed under the general incorporation laws of this State or under special charter, for the purpose of an orphan asylum or children’s home in this State, or for the trustees of any orphan asylum or children’s home established under the laws of this State, or the State of Virginia prior to the formation of this State, to take under their guardianship all children who may be placed under their care and management, in either of the following modes:

(a) Boys under sixteen years of age and girls under eighteen years of age who shall be voluntarily surrendered by their father and mother; or in case of the death, or long continued, or wilful absence of one parent, by the other parent; or by the guardians of their persons, to the care of such directors or trustees, they being, by virtue of such surrender, invested with the same power over such children as the parties making such surrender were themselves possessed;

(b) Boys under sixteen years of age and girls under eighteen years of age, who, upon the application of such directors or trustees, may be committed to their care by any judge of a circuit court or court exercising juvenile jurisdiction of any county wherein such corporation, orphan asylum or children’s home shall exist, on account, of the existence of any facts which render such children dependent or neglected as defined by the statutes of this State.(1870, c. 107, §1; 1887, c. 38, §1; Code 1923, c. 57A, §1.)

§2. Obtaining Custody of Certain Children; Penalty for Enticement.—Whenever the board of trustees or directors of any orphan asylum or children’s home mentioned in the preceding section shall have probable cause to believe that any boy under sixteen years of age, or any girl under eighteen years of age, is dependent or neglected as defined in the statutes of this State, such board of trustees or directors may proceed by the method provided for the State board of children’s guardians in article three of this chapter to have such boy or girl declared dependent or neglected and committed into the custody of such board of directors or trustees or such other custody as to the judge may seem proper. If the facts set forth in the petition shall on the hearing be maintained, and it shall appear to the court or judge that the interest and welfare of such child require the custody thereof to be changed, the court or judge shall order the custody thereof to be changed, and may order that the child be committed to the custody of such board of directors or trustees, the state board of children’s guardians, or other custody as to the court or judge may seem proper. Appeal may be taken from such order as in other cases, and, in case thereof, the court or judge may make such order as to the custody of the child as it may deem proper. All children committed to the custody of such board of directors, or trustees or other person, shall be under their supervision and control until they become of age, or until otherwise ordered by such court or judge. Any parent or other person who shall either personally or by an agent entice or attempt to entice away his or her child from the custody of such trustees or directors, or other person, or who shall, by threats, menaces or force, deprive such trustees or directors or other person of the custody of any child, shall be guilty of a misdemeanor, and shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned.(1893, c. 14, §1; Code 1923, c. 57A, §6.)

§3. Guardians for Children; Placing in Private Homes.—The president, secretary, or superintendent of any such asylum or home, to which any such children are committed, shall be appointed, by the court or judge, guardian of the persons of such children, and as such be entitled to their custody and may, when in the discretion of the directors or trustees of any such institution it shall appear proper, and if the state board of children’s guardians shall consent and approve, place any of such children in suitable private homes, having scrupulous regard to the religious and moral character of those with whom such children are placed, in order to secure to them the benefits of good example and wholesome instruction, and the opportunity of becoming intelligent and useful men and women.(1870, c. 107, §2; 1887, c. 38, §2; Code 1923, c. 57A, §2.)

§4. Bond by Person Receiving Child; Use of Sum Recovered.—When placing any child in a private home such directors or trustees shall require a bond to be entered into by the person or persons so receiving such child, in a penalty of not less than one thousand dollars, conditioned that such person or persons will furnish such child with good and sufficient clothing, food and medical attendance, and cause it to receive a common school education. Such bond shall be made payable to the state board of children’s guardians, and any sum of money recovered on such bond shall be expended by such board in the maintenance and tuition of such child.(1870. c. 107, §3; 1887, c. 38, §3; Code 1923, c. 57A, §3.)

§5. Assignment of Services of Such Children; Resumption of Control.—Any person receiving such child or children under the provisions of this article shall not assign or transfer his, her or their services for any period without the written consent of such directors or trustees and the state board of children’s guardians. And if, for any cause, a person so taking charge of a child, desires to be released from the contract, the directors or the trustees, upon application, may in their discretion cancel the same and resume the charge and management of such child, and shall have the same power and authority over him or her as before the agreement was made.(1870, c. 107, §4; 1887, c. 38, §4; Code 1923, c. 57A, §4.)

§6. Removing Children From Private Home.—Such directors or trustees shall remove a child or children from a home, when, in their judgment, or in the judgment of the board of children’s guardians, such home has become an unsuitable one, and they shall, in either case, resume the same power and authority over such child or children as they originally possessed.(1870, c. 107, §5; 1887, c. 38, §5; Code 1923, c. 57A, §5.)

§7. Returning Child to Its Parents or Guardian.—Such directors or trustees may in their discretion and, if a child was committed to it by the order of any court, with the consent of that court, or the judge thereof in vacation, return any child in their care to the parents, surviving parent, or guardian of such child.(1870, c. 107, §5; 1887, c. 38, §5; Code 1923, c. 57A, §5.)

§1. Voluntary Surrender of Children.—It, shall be lawful for the trustees or directors of any corporation in this State formed under the laws thereof, having for its objects the protection of children from cruelty, or the finding of homes for children, to receive into their custody and control boys under sixteen years of age, and girls under eighteen years of age, who shall be voluntarily surrendered by their fathers and mothers, or, in case of the death or long continued or wilful absence of one parent, by the other parent, or by the guardian of their person, to the care of such directors or trustees.(1897, c. 33, §1; Code 1923, c. 57A, §8.)

§2. Obtaining Custody of Certain Children; Penalty for Enticement.—Whenever the board of trustees or directors of any such corporation as is mentioned in the preceding section shall have probable cause to believe that any boy under sixteen years of age or any girl under eighteen years of age is dependent or neglected as defined in the statutes of this State, such board of trustees or directors may proceed by the method provided for the state board of children’s guardians in article three of this chapter to have such boy or girl declared dependent or neglected and committed into the custody of such board of directors or trustees or such other custody as to the judge may seem proper. If the facts set forth in the petition shall on the hearing be maintained, and it shall appear to the court or judge that the interest and welfare of such child require the custody thereof to be changed, the court or judge shall order the custody thereof to be changed, and may order that the child be committed to the custody of such board of directors or trustees, the state board of children’s guardians, or other custody as to the court or judge may seem proper. Appeal may be taken from such order as in other cases, and, in case thereof, the court or judge may make such order as to the custody of the child as it may deem proper. Any parent or other person who shall either personally or by an agent, entice or attempt to entice away his or her child from the custody of such trustees or directors, or other person, or who shall by threats, menaces or force, deprive or attempt to deprive such trustees or directors, or other person, of the custody of any child, shall be guilty of a misdemeanor, and shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than six months, or be both fined and imprisoned.(1897, c. 33, §2; Code 1923, c. 57A, §9.)

§3. Supervision and Control of Children.—All children surrendered to the care or committed to the custody of such board of directors or trustees shall be under their supervision and control in the manner herein provided until they are received into an orphan asylum, or children’s home, or other suitable home as hereinafter provided, or until otherwise ordered by the court or judge by which such children were committed.(1897, c. 33, §3; Code 1923, c. 57A, §10.)

§4. Placing Children in Orphan Asylums or Children’s Homes.—Such directors or trustees may place any of such children in any orphan asylum or children’s home, incorporated under the laws of this State, or the State of Virginia prior to the formation of this State, which will receive the same, and it shall be lawful for any orphan asylum or children’s home to receive from such directors or trustees any of such children. As to any child or children so received, such orphan asylum or children’s home shall have the same rights, powers, privileges, and authority, and be subject to the same duties, requirements and responsibilities, as in the case of children placed under its care and management in any of the modes now allowed by law.(1897, c. 33, §4; Code 1923, c. 57A, §11.)

§5. Placing Children in Private Homes.—Such directors or trustees may, when in their discretion it shall appear proper, and if the state board of children’s guardians shall consent and approve, place any of such children in suitable private homes and, in such case, such directors or trustees, and the person or persons with whom any child or children are placed, shall observe and be governed by all the provisions of the laws of this State in the case of children placed in homes by the directors or trustees of any orphan asylum or children’s home, or the state board of children’s guardians.(1897, c. 33, §5; Code 1923, c. 57A, §12.)

§6. Guardians for Children Placed in Asylums, Children’s Homes, or Private Homes.—Whenever such directors or trustees shall place any children in any orphan asylum or children’s home they shall report the fact of such placing forthwith to the court or judge which committed such children to the care and custody of such directors or trustees, and such court or judge shall thereupon appoint the president, secretary, or superintendent of such asylum or home as guardian of the persons of the children so placed in such asylum or home, and as such guardian such person shall be entitled to their custody until they attain the age of twenty-one years. Likewise when any children are placed in any private homes such directors or trustees shall report the fact of such placing forthwith to the court or judge which committed such children to the care and custody of such directors or trustees, and such court or judge shall thereupon appoint some suitable and fit person as guardian of the person of any child so placed in a private home, and such person shall be entitled to the custody of such child until such child attains the age of twenty-one years.

§1. Continuation; Members.—The state crippled children’s council, heretofore created, shall be continued. It shall consist of a member of the state board of control, designated by the governor, the state commissioner of health, the state superintendent of free schools, and the executive secretary of the state board of children’s guardians, all ex officio, and three members of the West Virginia society for the care of crippled children, appointed by the governor from candidates nominated by said society for the term of four years. Vacancies in the council shall be filled in the same manner as the original designations or appointments are made.(1925, c. 18, §1.)

§2. Powers and Duties.—It shall be the duty of the council to formulate and put into effect administrative policies, and to coordinate the work done under existing statutes relating to the care, cure and education of physically handicapped children, to inquire into and report upon the number, distribution and conditions of physically handicapped children throughout the State, upon existing educational, hospital and professional facilities, and legal provisions for promoting the care, treatment, education and general welfare of such children, and to recommend means more adequately to meet their needs. In formulating such administrative policies and making such inquiry, the council shall confer with and use the services of the state department of health, the state department of education, the state board of children’s guardians, the state board of control, the representatives of the civic bodies and other voluntary organizations and groups which have made special study of physically handicapped children, and all local public officials who are in a position to render assistance to the council. The council may adopt rules and regulations necessary and proper for the conduct of its work.(1925, c. 18, §§2, 4.)

§3. Organization.—The council shall choose from its own members a chairman and vice chairman, and employ such subordinates as may be needed to carry out the provisions of this article, such officers and employees to be persons who have had experience in work relating to the care, cure and education of physically handicapped children. The chief administrative officer chosen by the council, who shall be a person conversant with orthopedic science, shall act as secretary.(1925, c. 18, §3.)

§4. Quarters and Equipment.—The council shall be provided with necessary quarters and office equipment in some existing state department represented in the council, if practicable, and if not in another suitable place at the capital.(1925, c. 18, §5.)

§5. Compensation.—The members of the council shall receive no compensation for their time, but with the exception of the four ex officio members, shall be entitled to their actual and necessary expenses incurred in the performance of their duties.(1925, c. 18, §6.)

§6. Reports.—The council shall make a biennial report to the governor within thirty days of the convening of each regular session of the legislature, and may accompany the report with such recommendations and legislative proposals as it may deem necessary or proper.(1925, c. 18, §7.)