(i) To cooperate with the superintendent of public instruction and the county superintendent of schools in the enforce of the compulsory education law: (j) To receive and provide for such feeble-minded persons as may be committed to its guardianship by courts of competent jurisdiction: (k) To cooperate with the Boards of County Commissioners in the selection of child welfare workers and boards. (1) To act as parole officers of juveniles upon the request of courts or of superintendents of institutions of the state to which dependent, neglected, handicapped or delinquent children may be committed. (m) To secure the enforcement of all laws for the protection of neglected, dependent, delinquent, illegitimate and defective children, and those in need of the special care and guardianship of the state, to take the initiative in protecting and conserving the rights and interests of such children, to inquire into such home and community environmental conditions as tend to create delinquency and neglect and to promote such remedial or preventive measures as will strengthen parental responsibility and stimulate wholesome community life, and to perform such other duties as may be conferred upon the Board by the laws and statutes of this state. Sec. 2. The Board shall have authority to employ and fix the salary of an executive officer and such agents as shall be necessary to carry out the purpose of this act, and to pay such expenses as are incidental to the performance of such duties. Sec. 3. REPEAL.) All acts or parts of acts inconsistent here with are hereby repealed. Approved February 24th, 1923. CHAPTER 151. (S. B. No. 193-Baird and Baker.) ADOPTION. An Act To Amend and Re-enact Sections 4444 and 4446 of the Compiled Laws of North Dakota for 1913, Relating to the Adoption of Minor Children. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. AMENDMENT.) Section 4444 of the Compiled Laws of North Dakota for 1913, is hereby amended so as to read as follows: Sec. 4444. Except as herein provided no adoption of a minor child shall be permitted without the consent of its parent or parents, but the consent of a parent who has abandoned the child) otherwise in-(3) (2)or who can not be found, or who is insane or capacitated from giving consent, or who has lost custody of the (4) child through divorce proceedings or the order of a juvenile (5) court, may be dispensed with, and consent may be given by the guardian, if there be one, or if there be no guardian by the board of administration In case of illegitimacy the consent of the mother shall suffice; provided, however, that her consent may be dispensed with for any of the reasons hereinbefore stated. When the parents of any minor child are dead, or have abandoned it, and can not be found, and such child has no duly appointed guardian in the state, the court shall order a hearing, with, three weekly published notices to be given, the last publication to be at least ten days before the time set for the hearing. In every such case the court shall cause such further notice to be given to the known kindred of the child as shall appear to be just and practicable; provided, that if there be no duly appointed guardian, a parent who has lost custody of the child through divorce proceedings, and the father of an illigitimate child who has acknowledged its paternity in writing, or against whom paternity has been duly adjudged, shall be served with notice in such manner as the court shall direct in all cases where the residence is known or can be ascertained. Sec. 2. AMENDMENT.) Section 4446 of the Compiled Laws of North Dakota for 1913 is hereby amended to read as follows: Sec. 4446. Any person may petition the district court, or county court having increased jurisdiction, in the county in which he is a resident, for leave to adopt a minor child, and if desired for a change of the child's name. Such petition by a person having a husband or wife shall not be granted unless the husband or wife joins therein. Upon the filing of such petition the court shall require notice to be sent to the board of administration, together with a copy of the petition so filed. It shall then be the duty of the board to verify the allegations of the petition; to investigate the conditions and antecedents of the child for the purpose of ascertaining whether he is a proper subject for adoption; and to make proper inquiry to determine whether the proposed foster home is a suitable home for the child. The board shall as soon as practicable submit to the court a full report in writing with a recommendation as to the granting of the petition and any other information regarding the child or the proposed foster home which the court shall require, and no petition shall be granted until the child shall have lived for six months in the proposed foster home; provided, however, that such. investigation and 144 CHAPTER 151 CHILD WELFARE period of residence may be waived by the court in exceptional The files and records of the court in adoption proceedings Sec. 3. REPEAL.) All acts or parts of acts in conflict herewith are hereby repealed. Approved March 2nd, 1923. CHAPTER 152. (S. B. No. 189-Baird and Baker.) TRANSFER OF RIGHTS IN CHILDREN. An Act Concerning the transfer of rights in children and for the repeal of Chapter 77 of the Laws of 1919. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. ASSIGNMENT OF CHILDREN PROHIBITED.) No person, partnership, voluntary association or corporation, other than the parents or relatives of a child, may assume the permanent care and custody of a child under the age of eighteen years, unless authorized so to do by an order or decree of a district court having jurisdiction. No parent shall assign, or otherwise transfer his rights or duties with respect to the care and custody of his child under eighteen years of age, and any such transfer or assignment, written or otherwise, hereafter made shall be void. Provided, that this section shall not affect the right of the parent to consent in writing to the legal adoption of his child, but such written consent shall not operate to transfer any right in the child in the absence of a decree by the district court. Sec. 2. REPEAL.) Chapter 77, Laws of 1919, and all other acts or parts of acts inconsistent herewith, are hereby repealed. Sec. 3. PENALTY.) Any person who violates any of the provisions of this act shall upon conviction be guilty of a misde meanor. Approved March 2nd, 1923. Children in homes. Sec. 11419. Comp. Leurs requires court to place. held by parents for a practicabl of same religious faith as CHAPTER 153. (S. B. No. 191-Baird and Baker.) CUSTODY OF CHILD. An Act Amending and Re-enacting Section 4424, Compiled Laws of North Dakota for 1913, relating to the custody, service or earnings of minor children. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. AMENDMENT.) Section 4424, Compiled Laws of North Dakota for 1913, is hereby amended so as to read as follows: Sec. 4424. WHO ENTITLED TO THE CUSTODY OF A CHILD.) A father and mother of a legitimate unmarried minor child are entitled equally to its custody, services and earnings, and neither can transfer such custody, services and earnings to any other, without the written consent of the other, except in case of death, desertion or abandonment. Sec 2. REPEAL.) All acts and parts of acts inconsistent herewith are hereby repealed. Approved March 5th, 1923. CHAPTER 154. (S. B. No. 176-Baird and Baker.) CARE OF CRIPPLED CHILDREN. An Act Providing for the care and treatment of indigent crippled or deformed children. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. If the parent, parents, guardian or person having the custody of any child under eighteen years of age who is crippled are unable to secure for such child the surgical and hospital treatment necessary to place such child in as nearly normal a physical condition as is possible, application in writing duly verified by the person making the same shall be made to the district court of the county in which the child resides, setting forth the name and age of the child, the name or names of his parents, guardian or custodian, their financial ability, the physical condition of the child and the need of surgical or other hospital treatment and the probable cost thereof. Upon the filing of such petition the district court, or one of the judges thereof, shall order an investigation of the allegations of the petition by a probation officer, or other agent of the court, who shall make a written report upon such investigation. When such report is filed the court forthwith shall fix a day for the hearing of said matter, not less than three nor more than thirty days after the filing of the report, and shall issue a summons requiring the child, together with the parent or parents, guardian or other person or persons having the custody of the child and the State's Attorney and the chairman of the board of county commissioners wherein the child resides, to appear before the court at the time fixed to show cause why the child should not be dealt with according to the provisions of this act. The summons shall be served upon such persons in the manner provided for the service of a summons in a civil action, and if there is no parent, guardian or other person having the custody of the child, the court shall appoint a suitable person to act in behalf of the child as guardian ad litem upon whom service of the summons shall be made. If upon such hearing the court shall find that the parents are unable to provide the necessary surgical and hospital care necessary for the proper treatment of the child, it shall commit the child to the temporary custody and care of the State Board of Administration, or other officer or agency by whatever name designated having charge of child welfare in the state, and if no such board, officer or agency exists, the court shall commit the child to the temporary custody and care of a suitable person, organization or agency and such board, officer, person, organization or agency shall assume care of the child and shall secure for it the treatment necessary and appropriate to the child's physical condition, in any hospital within the state where medical and surgical service can be secured without charge. When treatment is complete the transportation and hospital expenses of the child shall be certified to by the board, officer, agency, organization or person to whom the temporary custody of the child was committed, and upon such certificate shall be approved by the district court and thereupon shall become a charge against the county in which such child resides. Upon discharge from the institution the child shall be released from further custody and care and the prior commitment thereof revoked. |