« ForrigeFortsett »
State of America and residents of the county in which application for relief is made. And, also, to provide for the probationary visitation, care and supervision of the family for whose benefit such support is provided,” approved June 30, 1913, in force July 1, 1913, be and the same is hereby amended by amending sections two (2), ten (10) and eleven (11) thereof, and by adding two new sections to be known as section 12a and section 18a, which amends the title thereof; said sections and title when amended shall read as inserted at length herein: § 2. A woman whose husband is dead or whose husband has become permanently incapacitated for work by reason of physical or mental infirmity, may file an application for relief under this Act, provided such woman has [had] a previous residence for three years in the county where such application is made and is the mother of a child or children. § 10. The allowance made to such mother shall not exceed fifteen dollars per month when such mother has but one child under the age of fourteen years; and if she has more than one child under such age, the allowance to such mother may be such an amount as the court shall deem sufficient under the particular circumstances of the case: Provided, that in no event shall the relief granted to any one mother and children exceed the sum of ten dollars per month for each additional child[:] Provided further that in no case shall the allowance made to any mother exceed the sum of sixty dollars per month. § 11. Such relief shall be granted by the court only upon the following conditions: (1) The child or children for whose benefit the relief is granted must be living with the mother of such child or children; (2) the court must find that it is for the welfare of such child or children to remain at home with the mother; (3) the relief shall be granted only when in the absence of such relief the .mother would be required to work regularly away from her home and children or when in the absence of such relief it would be necessary to commit such child or children to a dependent institution and when by means of such relief she will be able to remain at home with her children, except that she may be absent for work a definite number of days each week to be specified in the court’s order, when such work can be done by her without the sacrifice of health or the neglect of home and children; (4) such mother must, in the judgment of the court, be a proper person, physically, mentally and morally fit, to have the care and custody of her children; (5) the relief granted shall, in the judgment of the court, be necessary to save the child or children from neglect; (6) a mother shall not receive such relief who is the owner of real property or personal property other than the household goods; (7) a mother shall not receive such relief who has not resided in the county where the application is made at least three years next before making such application; (8) a mother shall not receive such relief if her child or children has or have relatives of sufficient ability, and who shall be obligated by the finding and judgment of a court of competent jurisdiction, to support them. § 12a. No mother who is not a citizen of the United States can receive relief under the provisions of this Act unless such mother has filed application for citizenship papers or has made her declaration of intention to become a citizen of the United States, when in such case or cases such mother may be granted relief under the provisions of this Act for each of her children as were born in the United States of America and are under the age of fourteen years.
§ 18a. That the title of the above entitled Act be and same is hereby amended so as to read as follows, to-wit:
An Act to provide for the partial support of mothers whose husbands are dead or have become permanently incapacitated for work by reason of physical or mental infirmity when such mothers have children under fourteen years of age, and are residents of the county in which application for relief is made; and, also, to provide for the probationary visitation, care and supervision of the family for whose benefit such support is provided.
APPROVED June 28th, 1915.
CARE AND DETENTION OF FEEBLE MINDED.
§ 1. Words construed. § 15. Communication with friends—leave of absence. § 2. How feeble minded sent to public institutions. § 16. Sudden or mysterious death—inquest.
§ 3. Who may petition court—what petition to $ 17. Offenses under Act—penalty. contain—endorsements—against whom
process shall issue. § 18. Payment of costs of proceedings—sees. ; 4 Summons—when returnable—publication $ 19. When feeble minded person or guardian to when defendants can not be found—de- pay costs. - $ 20. Detention of dependent or delinquentfeeble $ 5. Warrant—detention pending hearing. minded children. $ 5. Continuation of hearing—examination by § 21. Feeble minded convicted of crime—suspsychologist—interrogatories. o of sentence pending hearing on petition.
i 7. Hearing by commission selected by court— evidence—report and recommendations. § 22. Removal from feeble minded institution to insane hospital, etc # 8 Report may be set aside or overruled—fur
ther evidence. § 23. Discharge from institution—clothing and money to be surnished. $ 9. Decree of court—guardian. $ 24. Escape of feeble minded—duty of superin$ 10. Powers of guardian. tendent. § 11. Removal, resignation or death of guardian— $ 25. Court to keep separate docket of proceedorder of commitment of feeble minded ings. person. § 26. Record by Board of Administration. § 12. y of order to superintendent of institution—superintendent to receive. § 27. Validity of Act. § 13. Warrant for conveyance—who shall serve. § 28. Repeal.
i 14. Petition for discharge of feeble minded person—hearing—when dischargeor variation of order may be made.
(House BIll No. 655. APPROVED JUNE 24, 1915.)
AN ACT to better provide for the care and detention of feeble-minded persons.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: The words “feeble-minded person” in this Act shall be construed to mean any person afflicted with mental defectiveness from birth or from any early age, so pronounced that he is incapable of managing himself and his affairs, or of being taught to do so, and requires supervision, control and care for his own welfare, or for the welfare of others, or for the welfare of the community, who is not classifiable as an “insane person” within the meaning of “An Act to revise the law in relation to the commitment and detention of lunatics, and to provide for the appointment and removal of conservators, and to repeal certain Acts therein named,” approved June 21, 1893, in force July 1, 1893. § 2. From and after the taking effect of this Act, no feeble-minded person shall be sent to any public institution for the feeble-minded except as hereinafter provided. § 3. When any person residing in this State shall be supposed to be feeble-minded, and by reason of such mental condition of feeblemindendess and of social conditions, such as want of proper supervision, control, care and support, or other causes, it is unsafe and dangerous to the welfare of the community, for him to be at large without supervision, control and care, any relative, guardian, or conservator or any reputable citizen of the county in which such supposed feeble-minded person resides or is found, may, by leave of court first had and obtained, file with the clerk of either the circuit court, or of the county court of the county in which such supposed feeble-minded person resides or is found, or with the clerk of a city court including the municipal court of Chicago, when the supposed feeble-minded person resides or is found in the city, a petition in writing, setting forth that the person therein named is feeble-minded, the fact and circumstances of the social conditions, such as want of proper supervision, control, care and support, or other causes making it unsafe or dangerous to the welfare of the community for such person to be at large without supervision, control or care; also the name and residence, or that such name or residence is unknown to the petitioner, of some person, if any there be, actually supervising, caring for or supporting such person, and of at least one person if any there be legally chargeable with such supervision, care or support, and also the names and residences or that same are unknown of the parents or guardians. The petition shall also allege whether or not such person has been examined by a qualified physician having personal knowledge of the condition of such alleged feeble-minded person. There shall be indorsed on such petition the names and residences of witnesses known to petitioner by whom the truth of the allegations of the petition may be proved, as well as the name and the residence of a qualified physician, if any is known to the petitioner, having personal knowledge of the case. All persons 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 by law in proceedings in chancery in this State, except only as herein otherwise provided. All persons 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 shall be sufficient if it states that it is based upon information and belief. Process shall be issued against all persons made parties by the designation of “all whom it may concern,” by such description and notice given by publication as required in this Act, shall be sufficient to authorize the court to hear and
determine the suit as though the parties had been sued by their proper Ilames. § 4. The summons shall require all defendants to personally appear at the time and place stated therein, and to bring into court the alleged feeble-minded person. No written answer shall be required to the petition, but the cause shall stand for trial upon 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, and may be served the same as summons in chancery is served by any officer authorized by law to serve processes of the court issuing such summons. No service of process shall be necessary upon any of the defendants named, if they appear or are brought before the court personally without service of summons. Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant, other than the alleged feebleminded person, resides or hath 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 upon him, and whenever any person is made a defendant under the name and designation of “all whom it may concern,” the clerk of the court shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper of general circulation published in the nearest place to his county in this State, which publication shall be substantially as follows: (Give names of such defendants and) To all whom it may concern (if there be any defendant under such designation):
TAKE NOTICE—That on the . . . . . . . . . . day of . . . . . . . . . . A. D. ..., a petition was filed by.... . . . . . . . . . . . . . . . . . in the . . . . . . . . . . . court of... . . . . . . . . . . to have a certain person named. . . . . . . . . . . . . . .
declared feeble-minded and to have the court provide for the care and the detention of such person. Now, unless you appear within twenty days after the date of this notice and resist the granting of the prayer of such petition, the petition will be taken for confessed and a decree entered.
and the clerk shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition and who can not be served with summons. Notice given by such publication shall be as effectual for every purpose as if such person or persons were duly served with summons personally. The certificate of the clerk that he has sent such notice pursuant to this section, shall be conclusive evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court, on the return day of the summons, and if the summons be served less than one day prior to the return day thereof, then on the following day. Every defendant who shall be notified by publication, as herein provided, shall be held to appear and answer, either in writing or orally, within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time herein specified or at such further time as by order of court may be granted to the defendant, the petition may be taken as confessed against all defendants, except the alleged feeble-minded persons. § 5. Upon the filing of the petition, or upon motion at any time thereafter, if it shall be made to appear to the court by evidence given under oath that it is for the best interests of the alleged feeble-minded person and the community that such person be at once taken into custody, or that the service of summons will be ineffectual to secure the presence of such person, a warrant may issue on the order of the court, directing that such person be taken into custody and brought before the court forthwith or at such time and place the judge may appoint, and pending the hearing of the petition, the court may make any order for the detention of such feeble-minded person, or the placing of such feeble-minded person under temporary guardianship of some suitable person, on such person entering into a recognizance for his appearance, as the court shall deem proper. But no such alleged feeble-minded person shall, during the pendency of the hearing of the petition, be detained in any place provided for the detention of persons charged with or convicted of any criminal or quasi eriminal offense. § 6. At any time after the filing of the petition and pending the final disposition of the case, the court may continue the hearing from time to time, and may order such alleged feeble-minded person to submit to the examination of some qualified physician or psychologist, and the court may also require by rule or order that the petitioner answer under oath such interrogatories as may be propounded, in a form to be prescribed by the Board of Administration. § 7. The hearing on the petition shall be by the court and a commission to be appointed by the court, of two qualified physicians or one qualified physician and one qualified psychologist, residents of the county, to be selected by the judge on account of their known competency and integrity, and evidence shall be heard and proceedings had as in any other civil proceedings. Evidence shall also be heard and inquiry made into the social conditions, such as want of proper supervision, control, care or support, and other causes making it unsafe or dangerous to the welfare of the community for such person to be at large, without supervision, control and care. The commission shall also make a personal examination touching the mental condition of the alleged feeble-minded person. Upon the conclusion of the hearing, inquiry and examination, the commission shall file with the clerk of the court a report in writing, showing the result of their examination of the mental condition and social conditions aforesaid, setting forth their conclusions and recommendations, and shall also file with such report their sworn answers to such interrogatories as may be propounded in a form to be prescribed by the Board of Administration Such answers may be based upon their best knowledge and belief.