7 if any such parent shows to the court, by satisfactory evidence, 8 that he is unable to pay such amount, then the court may remit 9 such charge. Provided, however, that in counties in this state 10 where the county courts have already located sites for such 11 homes, and purchased real estate for such purpose, under the 12 laws, as existing at the time, they shall not be required to sub13 mit the question to the legal qualified voters as to the establish14 ment and maintenance of such homes, but such homes shall be 15 established and maintained. CHAPTER 134 (House Bill No. 65-Mr. Barnes.) AN ACT to amend and re-enact chapter one hundred and ten of the acts of nineteen hundred and nineteen, creating a state board of children's guardians and defining and prescribing its functions, duties and powers. [Passed April 20, 1921. In effect ninety days from passage. Approved by the Governor April 29, 1921.] Appointment by court of officer of institution or association as guardian. Board to have control and supervision over children; enticing child away a misdemeanor; penalty; justices to have jurisdiction. Board to place children in institutions; rights and duties of same. Board may place children in private homes. Investigations and reports of paroled youths by board; when made; other investigations by board, when requested; expenses of, how paid. Visitation of certain institutions by board; certificates to proper institutions; suggestions by board to institutions. Certain proposed articles of incorporation must be approved and certified by board; also amendments. Adoption of children; duty of guardian; evidence concerning. Guarantees required from certain associations as to non-resident children; penalty for violation of. 15. 16. Children placed in homes or associations of same religious belief as parents. Court order for support of child by parents; allowance may be altered by court. Be it enacted by the Legislature of West Virginia: That chapter one hundred and ten of the acts of nineteen hundred and nineteen be amended and re-enacted so as to read as follows: Section 1. There is hereby created a state board of children's 2 guardians, which shall be a corporation, and as such may con3 tract and be contracted with, plead and be impleaded, sue and be 4 sued, and have and use a common seal. It shall consist of three 5 members, who shall be citizens of the state, one of whom shall be 6 a woman, and not more than two of whom shall be chosen from 7 the same political party. They shall be appointed by the governor, 8 by and with the consent of the senate. The members first ap9 pointed shall hold office as designated by the governor for the 10 period of two, four and six years, respectively, beginning the first 11 day of July, one thousand nine hundred and nineteen. Subse12 quent appointments shall be made as above provided, and, except 13 to fill vacancies, each appointment shall be for a term of six years. 14 The board shall biennially choose one of its members to be president 15 thereof. The governor may remove any member for incompetency, 16 neglect of duty, gross immorality, malfeasance in office or for 17 other good cause; and in case of vacancy occurring by death, 18 resignation, removal or otherwise, may declare the office vacant 19 and fill the same by appointment for the unexpired term. The 20 board shall be provided by the board of public works with offices 21 at the state capital. 22 The board shall hold its annual meetings as soon as practicable. 23 after the close of each fiscal year. There shall be not more than 24 four regular meetings each year. 25 The financial transactions of the board shall be supervised by 26 the state board of control. The members of the board shall be 27 paid a per diem of eight dollars for time actually employed or 28 assigned and necessary traveling and hotel expenses; provided, no 29 member shall be assigned more than five days in any one month. 30 The board shall make a biennial report to the governor, cover31 ing fully all its work, investigations, needs, and recommendations. Sec. 2. Without charge to the board, the state department of 2 health shall make such skin and blood tests and the public printer 3 shall do such printing for said board as its work and needs may 4 require. Sec. 3. The board shall make such by-laws, rules and regula2 tions relative to its management, government and work, not con3 trary to law, as it may deem proper and shall appoint such offi4 cers, employees and general and district agents as it may deem 5 necessary to carry on the operations of said board, designating 6 their duties and fixing their compensation; provided, that said 7 district agents shall not exceed ten in number; and provided, 8 further, that at least five of such agents shall be women. Sec. 4. It shall be lawful for the board, its officers or agents, 2 to take or receive into its custody or control children as herein3 after provided. 4 (a) The term dependent children, as used herein or in any 5 statute concerning the care, custody or control of children, shall 6 mean any boy under the age of sixteen years and any girl under 7 the age of eighteen years, who is dependent upon public charity or 8 who is destitute, homeless, or abandoned. 9 (b) The term neglected children as used herein, shall mean 10 any boy sixteen years or under or any girl eighteen years or under 11 who has not proper parental care or guardianship; or who habit12 ually begs or receives alms, or who is found living in any house 13 of ill fame, or with any vicious or disreputable persons; or whose 14 home by reason of neglect, cruelty or disrepute on the part of its 15 parents, guardians or other persons in whose care it may be, is an 16 improper place for a child to live, or whose environment is such 17 as to warrant the state in the interest of the child in assuming its 18 guardianship. 19 (c) Whenever the board, any member, officer or agent thereof 20 or any reputable person shall have probable cause to believe that 21 a child is dependent or neglected, said board, member, officer, 22 agent or person may at any time present a petition setting forth 23 such facts, verified by the oath of some credible person having 24 a personal knowledge thereof, to the circuit, common pleas, crim25 inal, intermediate or juvenile court (or to the judge thereof in 26 vacation) of the county in which said child resides, which or who 27 may require such child to be delivered into the custody of said 28 board, or such other custody as the court or judge may deem 29 proper, to care for such child until a hearing can be had upon 30 such petition; and reasonable notice of the time and place of such 31 hearing shall be given to the local district agent of said board and 32 served upon the person from whose custody said child was taken, 33 or who is sought to be deprived of the custody of said child; and 34 such agent or any parent or other persons legally entitled to stand 35 in loco parentis or other relative of such child may appear and 36 be heard at such hearing. 37 If the facts set forth in said petition, constituting dependency 38 or neglect, shall on the hearing be maintained, and it shall appear 39 to the judge or court that the interest and welfare of such child 40 require the custody thereof to be changed, the judge or court 41 shall order the custody thereof to be changed, and may by order 42 commit the child to the care of said board. No child shall be 43 committed to the board who is not mentally normal, and all 44 children committed to the board shall first receive a physical and 45 medical examination based upon blank forms to be provided by 46 said board. All pertinent information adduced or developed at 47 such hearing regarding the history and situation of the child, 48 its parents and forebears shall be supplied by the court or judge to 49 the board at the time of its commitment, on blank forms to be 50 provided by the said board, to enable the board to deal intelli51 gently with the child and eventually to provide the child with such 52 information as is deemed advisable by the said board. All such 53 information shall be kept by the board in permanent form and 54 shall be in the custody of its secretary. Such record shall be 55 open to inspection only by permission granted by said board. 56 (d) All costs and expenses necessary or proper in connection 57 with a hearing or commitment under this section shall be a proper 58 charge against the county in which the hearing is held, and shall 59 be paid by the county court thereof upon submission to it of an 60 itemized statement thereof, verified by affidavit of an agent of the 61 board. The fees allowed for such hearings shall be the same as 62 are allowed in proceedings for the commitment of boys to the 63 West Virginia industrial school for boys. 64 (e) Whenever application is made to the board to accept the 65 care and custody of children hereunder, said board shall make a 66 careful and thorough investigation; and, if it is found that it is 67 a case of a poor but otherwise worthy parent or guardian, the 68 board may upon application to said court or judge secure an 69 order for the maintenance of said parent and children, which 70 maintenance, when so fixed, shall be a proper charge against the 71 county in which such parent and children reside and shall be 72 paid by the county court thereof, and furnished under the 73 mother's pension act or otherwise according to law. 74 (f) This act shall be liberally construed to the end that proper 75 guardianship may be provided for such children as are herein76 before described, and that said children may be educated, and 77 cared for, as far as practicable, in such manner as best subserves 78 their moral, intellectual and physical welfare, and as far as prac79 ticable in proper cases that the parent or persons having such 80 children in their care, custody or control, may be enabled and com81 pelled to perform their moral and legal duty in the interests of 82 such children. 83 (g) All children declared public wards under the provisions 84 of this act shall remain public wards until they reach the age of 85 twenty-one years, unless they shall upon a proper showing made 86 be returned by order of the board to their parents, or other 87 guardian, or shall be adopted in the manner prescribed by law. Sec. 5. If the court or judge shall find any male child under 2 the age of sixteen years or female child under the age of eighteen 3 years to be dependent or neglected within the meaning of this act, 4 the court or judge may allow such child to remain at its home 5 subject to the friendly visitation of an agent of the board or to 6 report to the court, judge or such agent from its home or school 7 at such times as the court, judge or board may require. And if 8 the parent, guardian or custodian consent thereto, or if the court 9 or judge shall further find that the parents, parent, guardian or 10 custodian of such child are unfit or improper guardians or are 11 unable or unwilling to care for, protect, train, educate in accord12 ance with the general school law of the state, correct or discipline 13 such child and that it is for the interest of such child and of the 14 people of this state that such child be taken from the custody 15 of its parents, parent, custodian or guardian, the court or judge 16 may make an order appointing as guardian of the person of such 17 child some reputable citizen of good moral character; or the 18 court or judge may enter an order committing such child to some 19 suitable state institution, organized for the care of dependent or 20 neglected children, or to some training or industrial school or 21 children's homefinding society, or to some association embracing |