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munity, 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.
$ 8. The report shall have the same effect as reports of masters in chancery, and shall be subject to be set aside or overruled by the court the same as reports of masters in chancery: Provided, however, that there shall be no need of making objections and taking exceptions to same, and the court shall have the power to dismiss the proceedings, order a new hearing by the same or a new commission, or make such findings of fact in lieu of the findings in such report as may be justified by the evidence heard, and on the review by the court of the findings and recommendations of the commission, the court may hear such further evidence as it thinks fit. § 9. If the court shall find such alleged feeble-minded person not to be feeble-minded as defined in this Act, he shall order the petition dismissed and the person discharged. If the court shall find such alleged feeble-minded person to be feeble-minded, and subject to be dealt with under this Act, having due regard to all the circumstances appearing on the hearing, the guiding and controlling thought of the court throughout the proceedihgs to be the welfare of the feeble-minded person and the welfare of the community, it shall enter a decree, appointing a suitable person to be the guardian of the person of such feebleminded person, or directing that such feeble-minded person be sent to a private institution qualified and licensed under the laws of the State to receive such person whose managers are willing to receive him, or may direct that he be placed in a public institution for the feeble-minded and . such decree so entered shall stand and continue binding upon all persons whom it may concern until rescinded or otherwise regularly superseded or set aside. Provided, however, that any guardian appointed under this Act shall be subordinate to any guardian or conservator previously or subsequently appointed, pursuant to “An Act to revise the law in relation to idiots, lunatics, drunkards and spendthrifts,” approved March 26, 1874, and in force July 1, 1874, or “An Act in regard to guardians and wards,” approved April 10, 1872, in force July 1, 1872. § 10. An order that the feeble-minded person be placed under guardianship shall confer on the person named in the order as guardian such powers, subject to the regulations of the Board of Administration, as would have been exercisable if he had been the father of the feebleminded, and the feeble-minded person had been under the age of fourteen. § 11. Where an order has been made that a feeble-minded person be placed under guardianship, the guardian may be removed by the court that appointed him, on the application of the feeble-minded person, or of any relative or friend of the feeble-minded person, or of any reputable citizen or of the Board of Administration; and when the guardian dies, resigns or is removed, the court may, on a like application, appoint a suitable person to act in his stead. And on application of the guardian, or of the feeble-minded person, or of any relative or friend of the feebleminded person, or of any reputable citizen, or of the Board of Administration, the court that appointed the guardian, on being satisfied that the case is, or has become one unsuitable for guardianship, may order that the feeble-minded person be discharged from guardianship and set
free, or be sent to a private institution qualified, and licensed under the laws of the State to receive him, whose managers are willing to receive him, or be sent to a public institution for the feeble-minded, as seems best to the court, having regard to all the circumstances appearing on the hearing. No order shall be made discharging or varying a prior order placing the feeble-minded person under guardianship without giving one or more of the relatives or friends of the feeble-minded person, his guardian and the Board of Administration notice and an opportunity to be heard. § 12. Upon the entry of an order directing that a feeble-minded person be sent to an institution for feeble-minded persons, the clerk of the court shall send a copy of the order to the superintendent of the institution to which such feeble-minded person is ordered to be sent, and such superintendent shall receive such feeble-minded person as a charge in such institution: Provided, that if on account of the crowded condition of a public institution it is impossible to accommodate such feeble-minded person, the superintendent shall inform the court with the promise that the court be notified at once when the next vacancy occurs, and that such feeble-minded person be then received as a charge in such public institution. § 13. For the conveyance of any feeble-minded person to any public or private institution for the feeble-minded, admission thereto having been ordered by the court as herein provided, the clerk shall issue a warrant in duplicate directed to the petitioner, or to some suitable reputable person, as the judge may select, commanding him to take such feebleminded person and deliver him to the superintendent of the institution. When the judge thinks necessary, he may direct the clerk to authorize the employment of one or more assistants, but no feeble-minded female shall be taken to the institution by any male person not her husband, father, brother or son, without the attendance of some woman of good character and mature age chosen for the purpose by the judge. Upon receiving the feeble-minded person, the superintendent of the institution shall endorse upon the warrant his receipt, naming the person or persons from whom the feeble-minded person is received, and one copy of the warrant so endorsed shall be returned to the clerk of the court to be filed with the other papers in the case, and the other shall be left with the superintendent and the person delivering the feeble-minded person shall endorse thereon that he has so delivered him, and said duplicate warrant shall be prima facie evidence of the facts set forth therein and in said endorsement. § 14. No feeble-minded person admitted to an institution for the feeble-minded pursuant to an order of court as herein provided shall be discharged therefrom except as herein provided, except that nothing herein contained shall abridge the right of petition for the writ of habeas corpus. At any time after the admission of the feeble-minded person to an institution for the feeble-minded, pursuant to an order of court as herein provided, the feeble-minded person, or any of the relatives or friends of the feeble-minded person, or any reputable citizen or the superintendent of the institution having the feeble-minded person in charge, or the Board of Administration, may petition the court that entered the