SOCIAL WELFARE LAWS of- CONNECTICUT Revised Through 1945 SOCIAL WELFARE LAWS -of- CONNECTICUT Revised Through 1945 Printed under authority of Section 142, General Statutes of Connecticut, Revision of 1930, as amended by Section 45e, Supple- ment of 1939. " » JOHN M. DOWE, State Comptroller. COMMISSIONER OF FINANCE AND CONTROL PUBLICATION APPROVED PREFACE New laws and amendments to existing statutes enacted by the 1945 General Assembly presented sufficient need for a revision of the 1943 compilation of the “Social Welfare Laws of Connecticut' to cause the Commissioner of Finance and Control to authorize this publication. The welfare laws which concern veterans are again included in this revision in order that all social agencies may have ready ref- erence to benefits and services available to clients who are veter- ans or members of the families of veterans. Some of the acts of the 1945 general assembly repealed existing statutes rather than amended them. For the convenience of those accustomed to refer to the former statute designations for subject matter covered in new law. the former statute numerical designa- tion has been retained in this compilation followed by the new section number. Notwithstanding the profound effect the statutes concerning labor, education and finance exert upon the social welfare of the state, many of them have not been included in this compilation due to limitations of space. PUBLIC WELFARE COUNCIL William W. T. Squire. Secretary-Director. SOCIAL WELFARE LAWS OF CONNECTICUT ADMINISTRATION State and State-Aided Agencies Sec, 753g. Effective date of public acts. All public acts, except w hen otherwise therein specified, shall take effect on the first day of October following the session of the general assembly at which they are passed, and special acts, unless otherwise therein provid- ed. from the date of their approval. 3. 6539 1943 Sec. 40h. Stale Agencies to file regulations. Each state ex- ecutive agency shall, on or before April 15, 1945, file with the sec- retary of the state an original or duplicate original of each regula- tion affecting the public interest made by such agency and in force at that time. Said secretary shall submit such regulations, on or before April twentieth to the 1945 session of the general assembly for study, and any such regulation disapproved by resolution oi the assembly shall be void and shall not be reissued. 1945 Sec. 41h. Failure lo file regulations. Any state executive agency which failed to file its regulations with the secretary of the state on or before April 15, 1945, as provided by section 40h. shall be notified by said secretary and such regulations shall be invalid until filed with said secretary in accordance with the pro- visions of section 42h. 194o Sec. 42h. Filing and publication. Approval gy general assem- bly. Each such regulation made after April 15, 1945, shall be filed with said secretary in duplicate and shall not take effect until the secretary shall have caused such regulation to be published in the Connecticut Law Journal. The editor of the Connecticut Law Journal and Connecticut Supplement shall prepare suitable copies of each such regulation for distribution by the secretary on request and shall, from time to time, publish all such regulations as an appendix to the Connecticut Supplement. On or before February fifteenth in each odd-numbered year, said secretary shall submit all such regulations issued in the biennium preceding January first of such year to the general assembly for study, and any such regulation disapproved by the assembly by resolution shall be void and shall not be reissued. 1945 Sec. 43h. Regulations invalid unless filed. No regulation of any such agency shall be valid unless filed as herein provided. 194.5 Sec. 16S as amended by Sec. 17e. Purchase or sale of land when the general assembly is nol in session. The trustees of any state institution may, with the advice and consent of the governor, pur- chase or acquire for the state any land or interest therein when the general assembly shall not be in session, if such action shall seem advisable to protect the state’s interest or to effect a needed econ- omy. and may, when the general assembly shall not be in session, 1927,C. I8ri 1930 1937. S. I9<1 2 SOCIAL WELFARE LA WE OF CONNECTICUT with the advice and consent of the governor, contract for the sail, of any land or interest therein belonging to the state. The gov- ernor, when the general assembly shall not be in session, may give or obtain an option upon any land or interest therein which is not under the control of the trustees of any state institution when such action shall seem advisable, and such option shall remain in force until the first Wednesday of March of the next session of the gen- eral assembly. The treasurer shall execute and deliver any deed or instrument necessary to convey the title to any property the sale of which or a contract for the sale of which is authorized by this section. 1925. C. 244 Sec. 176. Care of property. The board of trustees of each state institution shall have the care, management and control of all property used in connection with such institution and shall have the power to make and alter, from time to time, all necessary rules and regulations for the maintenance of order on and the safety and use of any such property. Any person who shall trespass up- on such property or who shall violate any of the rules and regula- tions of any such board of trustees concerning the use of such property shall be fined not more than one hundred dollars or im- prisoned not more than thirty days or both.* 1925, C. 250 Sec. 177. Attendance of trustees or directors. The office ci any trustee or director of any institution receiving state aid, ap- pointed by the governor or the general assembly, who for a period of two successive years shall have failed to attend any of the meetings of the board of trustees or directors of which he is a member, shall be vacant, provided such trustee or director shall have had notice of each of such meetings; and, unless otherwise provided by statute, rule, regulation or by-law governing suen board of trustees or directors, such board shall fill such vacancy. 1918,S. 177 1919. C. 289 Sec. 178. Fiscal year. The fiscal year for all departments of the state government shall end on the thirtieth day of June. A combination of provisions taken from numerous statutes. Sec. 184. Expenses paid by fhe sfaie. Expenses incurred in the discharge of their official duties by directors of state institu- tions, members of state boards, commissioners, deputy commission- ers and executive heads of state departments and by their sub- ordinates under their direction shall be paid by the state. 1821, C. 2 50 1823. C 182 Sec. 185. Inventory of stale property. Each state department and state institution shall establish and keep an inventory account in the form prescribed by the comptroller, and shall, annually, on or before August first, transmit to him a detailed inventory, as ol June thirtieth, of all property, real or personal, owned by the state and in custody of such department or institution. 1921. C. 303 Sec. 187. Refund of moneys paid by mistake. The comptroi ler, upon application of any state department or commission and with the approval of the attorney general, may draw his order upon the treasurer in favor of any person, equitably entitled to the refund of any money paid by mistake to the state, for the amount of such refund. 1918. S, 1873 Sec. 188, Institutions with slate aid; visitation. Each private institution receiving, directly or by way of contract, any money from the state for purposes including the support or board of bene- ficiaries of the state, which shall refuse access to the proper board or official authorized by the state to visit such institution, shall forfeit all unpaid moneys or appropriations which it would other- wise have been entitled to receive from the state. All contracts See Sec. 84e, 86e and 89e. SOCIAL WELFARE LAWS OF CONNECTICUT 3 with any such private institution made by the state, or by any authority acting for the state, shall be made subject to the pro- visions of this section. Sec. 189. New statute. Sec. 38h. Appropriations to hospi- tals. All appropriations to hospitals by the general assembly shall be expended under the direction of the governor and of the man- agers of such institutions, respectively, for the support of charity patients, and so used as to benefit the state as application may be made from time to time, a report of which expenditures shall be made biennially to the general assembly; but no part of such ap- propriations shall be paid to any of such hospitals unless the. same be in actual operation, unless the purpose for which an appropria- tion is to be expended is for a building and is so specified in the act making such appropriation. Each such hospital receiving state aid shall be paid at the rate of four dollars per day for the care and treatment of any patient when such expense is to be paid from state funds either directly or through the agency of.any town or organization. 1918, S. 1864 1930 1937, S. 90e 1941 1943. S. 21f Sec. 190. Hospital societies' reports. All hospital societies re- ceiving aid from the state shall, in July of the even numbered years, make report for the two years ended on June thirtieth pre- vious, and such report shall include an itemized statement of ex- penditures, with the name of each person receiving any salary or wages and the kind of service paid for, and the amount paid to each, and a statement of the different amounts paid for other separate purposes, and of the number of patients cared for, the average number for each year and the total number of weeks of care of all patients. 1918, S. 180 1919, C. 315 Sec. 191. Uniform system of accounting for hospitals receiving state aid. The uniform system of accounting recommended by the American Hospital Association shall be installed by all hospitals receiving state aid. 1929, C. 277 Sec. 192. Inspection of hospital records. Each private hospi- tal, public hospital society or corporation receiving state aid shall, upon the demand of any patient who has been treated in such hospital and after his discharge therefrom, permit such patient or his physician or duly authorized attorney to examine the hospital record, including the history, bedside notes, charts, pictures and plates kept in connection with the treatment of such patient, and permit copies of such history, bedside notes and charts to be made by such patient, his physician or duly authorized attorney. 1927, C. 291 S. 1 Sec. 193. Procedure where right to inspect records is denied. If any patient who has received treatment in any such hospital, after his discharge from such hospital, shall have made written application to such hospital, hospital society or corporation for per- mission to examine his record as such patient in such hospital and shall have been refused permission to examine or copy the same, such patient may file a written motion addressed to any judge of the superior court, praying for a disclosure of the contents of such hospital record relating to such patient and for a production of the same before such judge. Upon such application being filed, the 1927,C. 291 B. 2. 3. 4 * See Sec. 91e. 92e. and 93e. Sec. 90e. Counties held to be separate governmental divisions and not in classification set forth in this tatute; money paid by a county cannot be said to be within the statutory provision of being paid by the state directly. 127 C. 53-60. Sec. 189. Cited 127 C. 55. Sec. 190. Cited 92 C. 120. 4 SOCIAL WELFARE LAWS OF CONNECTICUT judge to whom the same shall have been presented shall cause reasonable notice to be given to such hospital, hospital society or coi'poration of the time when and place where such petition will be heard, and such judge, after due hearing and notice, is author- ized to order the officer authorized to act in tire capacity of man- ager of such hospital to produce before him and deliver into his custody the history, bedside notes, charts, pictures and plates of such patient for the purpose of being examined or copied by such patient, his physician or duly authorized attorney. Each officer of any hospital having custody of the history, bedside notes, charts, pictures or plates of any patient therein, who shall refuse to pro- duce such record before such judge, pursuant to the provisions of this section, shall be fined not more than one hundred dollars or imprisoned not more than six months or both. 1913. S. 178 1930 1937, S. 96d Sec. 194 as amended by Sec. 96e. Forms of reports to state officers. All reports or returns by any state or county officer, or by any superintendent or other officer or board of any institution supported either wholly or in part by the state, including county temporary homes, which by law are required to be made to any state officer and to contain accounts of moneys received or ex- pended, shall be filed, in duplicate, with the comptroller, and the comptroller shall prescribe the form and detail in which the finan- cial and statistical portions of such reports or returns shall be made, and shall furnish blank forms therefor. Upon his approval of any such report or return with respect to such form and detail, the comptroller shall transmit one copy thereof to the officer of the state to whom such report or return is required by law to be made, and shall keep the other copy on file in his office for public inspection. The comptroller shall tabulate the cost of the main- tenance of the institutions mentioned in this section, and such tabulation shall remain on file in the office of the comptroller, for public inspection. He may make special examination of any or all of such institutions for the purpose of preparing such tabula- tions. The comptroller, upon approval of the governor, shall draw his order on the treasurer for the amount of such expense as he shall find necessary, provided such sum shall not exceed five thou- sand dollars in any fiscal year. 1918.S. 183 1919. C. 308 Sec. 195. Annual and biennial reports. All reports and re- turns which any public officer is required by law to make annual- ly shall be for the fiscal year preceding, and all reports and re- turns which any such officer is required by law to make biennial- ly shall be for the two fiscal years preceding; and all such reports and returns as are required to be made annually, except where it is otherwise provided, shall be made, returned and printed on or before the thirtieth day of September in the year in which they are required to be made. All such reports and returns as are re- quired to be made biennially shall be made, returned and printed on or before the thirtieth day of September preceding the next regular session of the general assembly. l»18. S. 179 1919. C. 254 Sec. 196. Reports to be made to the governor. All reports required to be made by state departments, institutions, commis- sions, boards or any other recipients of state money shall be made to the governor and by him transmitted to the general assembly; all such reports, except those of the insurance commissioner, the public utilities commission and the bank commissioner, shall be made to and including June thirtieth, and shall be published on or before the thirtieth day of September following. Sec. 196. Cited 92 C. 106, 120. SOCIAL WELFARE LAWS OF CONNECTICUT 5 Sec. 40c. Destruction of state records. With the permission of the attorney general, the comptroller, the treasurer, each com- missioner and the head of each state department, commission or board are authorized, each at his discretion to cause to be destroy- ed any records or files in his custody or in the custody of such department, commission or board at any time after six years from the date thereof. 1933 Sec. 43c. Treatment of venereal diseases in hospitals receiv- ing state aid. No hospital which receives appropi iations made by the general assembly and which has facilities reasonably suitable for the treatment of venereal diseases shall refuse to admit for treatment any patient suffering from any such disease. 1935 Sec. 132 as amended by Sec, 34e. Distribution of reports of state officers. The secretary of the state shall transmit to the town clerk of each town, to each county law library, and to each public or circulating library the officers of which shall make writ- ten requests for the same, one copy of all printed reports made to the governor or general assembly, bound in a convenient number of volumes, and to each public or circulating library the officeis of which shall make written request for the same, one copy of the latest revision of the general statutes, which shall be kept in the office of such clerk, and in such library, for public use. He shall transmit to each such library requesting it such of the aforesaid reports which have been hitherto published as he can obtain. 1913. S. 143. 1930 1937, S 34d Sec. 93e. Funds from Ihe federal government for new con- sxruclion and for other purposes. The governor is designated, as administrative agent of the state, to apply for any funds or other aid for new construction, reconstruction and equipment for state institutions, for the University of Connecticut and for any other purpose which the congress of the United States has authorized or may authorize the federal government to grant to the several states. The governor, or any other officer of the state who may be designated in any act passed by the congress of the United States, is authorized, in the name of the state, to make all appli- cations and sign all documents which may be necessary to obtain such aid from the United States or any agency thereof. The state treasurer is directed to receive all funds granted by the United States, or by any agency thereof, and to hold the same separate from all other funds of the state. Such funds shall be disbursed by said treasurer, upon voucher of the comptroller, under the direction of, and subject to rules and regulations of, the governoi. 1937. S. 93<1 Sec. 94e. Hours of labor of employees in state institutions. Except in case of an unavoidable emergency, no employee in any state institution, except those employed in a professional capacity, shall work more than fifty-four hours in any week. 1937. S 94<1 Sec. 50g. Institutional activity funds; definition. As used in tins act, “activity fund” shall mean any fund, except that covered by section 761e of the 1939 supplement to the general statutes, oper- ated in any state educational, welfare, medical or correctional in- stitution for the benefit of the employees, inmates or students of such institutions, including so-called patients’ funds in state hos- pitals, the revenue of which is derived from the operation of can- teens, vending machines, dramatics, recitals, student fees, mem- bership fees, deposits or any other legal source compatible with the good government of such institutions. See Appendix I. 1943 Sec. 51g. Establishment of funds. The administrative head of any institution operated by any state agency, board, depart- ment or commission may, with the approval of the comptroller 1943 6 SOCIAL WELFARE LAWS OF CONNECTICUT and under such regulations as the commissioner of finance and control may prescribe, establish one or more activity funds. The governor may allot from the funds appropriated to any such in- stitution any amount needed in his judgment for the establish- ment of any such activity fund, and said commissioner shall pro- vide by regulation for the reimbursement of such appropriation. The use of such state facilities as space,fixtures, heat and light to obtain revenue from the foregoing sources is authorized. That part of any state employee’s time which can be definitely allocat- ed to services connected with such activities and the cost of bond- ing any such state employee shall be financed through such ac- tivity fund. At the end of each fiscal year any cash balance in such fund not needed for the maintenance and continuance of its activities may, with the approval of the commissioner of finance and control, be transferred to the “Inmates General Welfare Fund’’ of such institution if such a fund has been established and, if not. shall remain in such activity fund. ism:; Sec. 52g. Management of funds. The management of such funds may be under the control of students, employees or inmates other than those adjudged mentally ill, but shall be under the supervision of the administrative head of the institution. The per- son acting as treasurer of any such fund shall be bonded in an amount determined by the commissioner of finance and control. 1M3 Sec. 53g. Statement and audit of accounts of funds. The ad- ministrative head of any institution operating an activity fund shall file, or cause to be filed, a balance sheet and statement of operations with the commissioner of finance and control at such times as said commissioner may order. A copy of such state- ments shall be filed with the auditors of public accounts, who shall, at least annually, audit the accounts of such activity funds. JSM,' Sec, 54g. Inmates general welfare funds. Unclaimed funds accumulated from money deposited for the use of inmates in any state institution, and the interest on any such money, which funds are in the custody of the administrative head of such institution, shall be placed by him in a fund to be known as the “Inmates General Welfare Fund’’ and shall be used under such regulations as the commissioner of finance and control may prescribe, for the benefit of the inmates of such institution in any manner which the governing board of such institution may deem suitable. 943 Sec. 55g. Report and audit of accounts of funds. The admin- istrative head of any institution operating such a fund shall file a financial report with the commissioner of finance and control at such times as said commissioner may order. A copy of such statements shall be filed with the auditor’s of public accounts, who shall, at least annually, audit the accounts of such funds. 94;- Sec. 56g. Unclaimed articles in custody of heads of institu- tions, Notwithstanding the provisions of chapter 275 of the gen- eral statutes, any unclaimed article of jewelry or any accumula- tion of such ai’ticles or valuables in the custody of the adminis- trative head of any state institution shall be retained by such ad- ministrative head for a period of three years, during which period he shall make every reasonable effort to return each such article to its owner. At the end of said period such administrative head may sell or otherwise dispose of such article with the approval of the governing board of such institution. <+4:- Sec. 57g. Revenue from sale of unclaimed articles. Any revenue derived from the sale of any such articles shall be cred- ited to the “Inmates General Welfare Fund” of the institution in SOCIAL WELFARE LAWS OF CONNECTICNT which they were found, and, if from any institution not having such a fund, shall be paid to the state treasurer and credited to the general fund of the state. Sec. 339. New statutes Sec. 65h. Birth certificates; informa- tion required. Each physician or midwife who has professional charge of the mother at the birth of any child shall, within ten days after such birth, and the father or mother of such child, when no physician or midwife is employed or, in case of the inability of the attending physician or midwife, by reason of sickness, death or absence, to make out such certificate, shall, within thirty days after such birth, furnish the registrar of the town in which such birth occurred a certificate signed by such physician, midwife, father or mother, stating, from the best information available, the name, if such child have a name, the place and date of birth, the sex, the name of the father, except as provided in Sec. 66h, the maiden name of the mother, the age, color, residence and birthplace of each of the parents, the occupation of the father, the number of the child and the name and address of the medical attendant. The certificate prescribed by this section shall include such additional information as the state department of health may require. 1918,S. 329 1919, C. 56 1930, S. 339 1933, S. 60c 1939. S. 114e 1943, S 84k 1945 Sec. 66h. Restrictions. No certificate of birth shall contain any specific statement or reference to illegitimacy of the child, or that the child was born in or out of wedlock, or to the marital sta- tus of the mother. The name of the putative father of an illegit- imate child or of a child born out of wedlock shall not be entered in or upon the birth certificate or birth record of such child with- out the written consent of the putative father. 1945 Sec. 68h. Examinations of birth certificates and records. With the exception of the chief executive officer of the municipality or his authorized agent, attorneys at law and title examiners, no per- son, except the person whose birth is recorded, if over twenty-one years of age, or his parent or guardian if a minor, shall have any access to or be permitted to examine the original or any copy of'the birth certificate or birth record, of any person, nor shall he dis- close any matters contained therein or any information concern- ing such birth, which original, copy or information is in the cus- tody of any registrar of vital statistics or of the state department of health nor shall he be entitled to any copy of any such certifi- cate, record or information, except upon written order of a court of record or upon written request of a state department or the fed- eral government when approved by the department of health. 1945 Sec. 69h. Certification of birth registration. The regis- trar of vital statistics of the town in which the birth occurred or the state department of health shall issue, upon request of any person, a certification of birth registration, which shall contain only the name, sex, date of birth, place of birth and date of filing of the certificate of birth of the person to whom it relates. 1945 Sec. 70h. Birih certificates of adopted persons born outside the state. The state department of health may prepare a cer- tification of birth registration for any person bom outside of the state and adopted in this state and for whom the state of his birth will not furnish a substituted birth certificate, provided a certified copy of the order of adoption of the probate court of the district in which the adoption proceedings were had and such other evi- dence as is considered satisfactory by the state department of health shall be filed with said department, Such certification of birth registration shall contain only the adopted name, sex, date of birth, place of birth and date of preparation of such certifica- tion of birth registration by the state department of health, but no certification of birth registration shall be prepared by the state 1945 8 SOCIAL WELFARE LAWS OF CONNECTICUT department of health unless upon specific written request of the person to whom the certification of birth registration relates, if over twenty-one years of age, or of the adopting parents. When the state department of health has prepared such certificate of birth registration, copies thereof shall be issued in accordance with the provisions of section 69h. 1945 Sec. 71h. Certification of birth to have force and effect of original. Any certification of birth, when properly certified by the local registrar or the state department of health, shall be prima facie evidence of the facts therein stated in all courts and places and in all actions, proceedings or applications, judicial, ad- ministrative or otherwise, and such certification of birth shall have the same force and effect, wherever offered, with respect to the facts therein stated as an original certificate of birth. 1945 Sec. 72h. Birth certificates, certified copies of: where issued. Such registrar or the state department of health may issue a certified copy of the certificate of birth of any person born in this state (a) upon the order of a court of record; (b) upon the specific written request of the person to whom the record of birth relates, if over twenty-one years of age, or of a parent or legal repre- sentative of such person or (c), when approved by the state de- partment of health, upon the specific written request of any state or federal agency. 1945 Sec. 73h. Fees. The fee for a certification of birth registra- tion shall be fifty cents and for a certified copy of a certificate of birth, one dollar. Such fees shall not be required of any state or federal agency. 1943 Sec. 85g. When no certificate is on file. Any adult or the guardian of the person of any minor, for whose birth no certifi- cate is on file, may, with two other persons having knowledge of the facts, make, under oath, an affidavit as to the matters required to be set forth in a birth certificate under the provisions of section 114e of the 1939 supplement to the general statutes and file the same in the office of the registrar of vital statistics in the town where such birth occurred. Such registrar shall thereupon pre - pare a birth certificate based upon the information contained in such affidavit and file the same with such affidavit in the same manner as any other birth certificate. If unable to furnish an affidavit satisfactory to the registrar of vital statistics of such town, such adult or guardian may apply to the court of probate for the district where such birth occurred for an order requiring such registrar to prepare a certificate of birth of such adult or such minor containing the matters so required to be set forth. Such court shall, with or without notice and hearing, ascertain the facts as to the matters so required and issue an order direct- ing such registrar to issue such a certificate based upon the facts set forth in such order. After issuing any such certificate, such registrar shall make a record of such birth, including in such re- cord reference to such certificate and the affidavit or order of the court. The provisions of sections 334 and 2272 of the general statutes and section 116e of the 1939 supplement thereto shall ap- ply to the acts of the registrar of vital statistics under this sec- tion. 1943 Sec. 86g. Report of foundling children. The executive author- ity of any agency or institution having, on July 8, 1932, the tem- porary custody of any foundling child, or upon accepting such a SOCIAL WELFARE LAWS OF CONNECTICUT 9 custody, shall, within ten days from the passage hereof or from such acceptance, report to the registrar of vital statistics of the town or city where such child was found, on forms supplied by the state department of health as follows: The date and place of find- ing, the sex, the color, the approximate age, the name and ad- dress of such agency or institution and the name given to the foundling child. If a child for whom such a report has been reg- istered is later identified and a certificate of birth is found or ob tained, it shall be substituted and the previous report shall be sealed and filed in a confidential file, and such seal may be brok- en and the record inspected only upon order of a court of com- petent jurisdiction. The certificate prescribed by this section shall include such additional information as the state department of health may require. The executive authority of such agency or institution shall pay a fee of fifty cents to the registrar of vital statistics for recording each such report. Sec. 502g. Correction of birth records. The state department of health shall, upon receipt of satisfactory proof in writing and under oath that the natural parents of a person have intermarried since the birth of such person, or whenever satisfactory proof in writing and under oath is submitted to said department with a written request that certain errors not apparent upon the face of the certificate of birth be corrected, prepare a new certificate of birth containing, with the other information required, the names of the parents or the corrected matter, which new certificate shall be substituted for the old, and the old certificate shall be sealed and filed in a confidential file. Copies of such new certificate shall be transmitted to the registrar having a record of such birth, and, when a certified copy of the birth of such person is requested by an authorized person, it shall be a copy of the new certificate of birth as prepared by the department, except when an order from a court of competent jurisdiction shall require the issuance ol a copy of the original certificate of birth. 1943 Sec. 116e. Payment by ihe state of fees for records of vital statistics at state institutions. The fees due registrars of vital statistics as provided in section 331 of the general statutes, for the making of records, copies and indorsements required by section 334 ofi the general statutes shall be paid by the state so far as they relate to vital statistics of inmates of any state institution. All bills for such fees shall be submitted by such registrars to the state comptroller on or before January first of each year. If the registrar of vital statistics of any town or city shall receive a sal- ary for the performance of his duties, the amount of fees due un- der the provisions of this act shall be paid by the state to such town or city. 1933, S. A 1939 Sec. 2997. Af public institutions. Any public institution of this state may erect and maintain a crematory for the incineration after death of the bodies of those connected with the institution officially or as inmates, and such others as may be deemed advis- able. Such crematories shall be erected, maintained and conduct- ed in accordance with the provisions of this chapter, and all cre- mations shall be made subject to the restrictions herein provided. No body shall be cremated in any such crematory if the body shall be claimed and removed, after notice, by friends or by the author- ities of the town in which such person had a settlement; but any body may be cremated with the consent of such friends or suen lown authorities. 1918.S. 3049 See Secs. 2701, 2702 10 SOCIAL WELFARE LAWS OF CONNECTICUT Commissioner of Welfare, Humane and Reformatory Ag encies and institutions 1919, C. 323. S. 5, C. 345. S. 1,3 1927, C. 14. S. 1,2,4 1S30, S. 1720 1935, S. 670c 1937, S. 363d Sec. 1720 as amended by Sec. 564e. Commissioner of welfare. The governor, on or before May 1, 1939, and quadrenially there* after, with the advice and consent of the general assembly, shall appoint a commissioner of welfare to serve for four years from the first day of July next succeeding his appointment. Said com- missioner shall be sworn to a faithful performance of his duties. He may delegate any of his powers and authority to any deputy, assistant, investigator or supervisor, who shall have within the scope of the power and authority so delegated, all of the powers and authority of the commissioner. S. 5057 S. 5058, S. 5059, S. 5063 1935 1941 Sec. 692f. Overseer of Indians. The commissioner of welfare is authorized to act as overseer of all tribes of Indians residing in the state, and said commissioner shall annually settle his account of the affairs of each tribe with the comptroller, and his biennial report to the governor shall furnish, with respect to each tribe, a statement of the amount and condition of its fund, an estimate of the value of its lands and the income annually received and ap- propriated and expended by said commissioner for the benefit of such Indians, specifying the items furnished and received, and also the number and condition of such tribes. Said commissioner, as such overseer, shall have the general care and management of the property of any Indian residing upon a reservation owned or maintained by the state. Said commissioner shall cause the prop- erty of such Indians to be used for their best interest, and the rents, profits and income therefrom to be applied to their bene- fit. 1939 1943 Sec. 565e as amended by Sec. 368g. Delegation to municipal welfare departments, (a) The commissioner of welfare may dele- gate his powers and duties relating to the administration of public assistance to the aged, the blind and dependent children to the director of public assistance in any town or city, when such town or city is maintaining a welfare department which, in the opinion of said commissioner, is capable of performing and will perform such duties in accordance with the standards therefore established by him. (b) Any town acting as an agent of the state under the provisions of subsection (a) shall be reimbursed by the state for a portion of the salary of any persons employed by such town on such work, provided the qualifications of such worker shall be approved by the commissioner of welfare. The amount of such reimbursement shall be determined in accordance with a formula established by said commissioner with the advice of the public welfare council, (c) Upon request from any town, in which the need for public assistance. is not sufficient to require the full- time services of a social worker, said commissioner may provide it with the services of such a worker, and the town shall pay the cost of such services as determined by said commissioner. 1919,C. 345 S. 1,3 1930 1935 Sec. 1722 as amended by Sec. 672c. Administration of lav concerning state paupers. The commissioner of welfare shall ad- minister the law concerning state paupers. He shall collect from relatives any money due to the state for the support of those who are poor and unable to support themselves as provided in section 1717 and for the support by the state of persons confined in any institution maintained in whole or in part by the state as author- ized by statute, and shall administer the provisions of chapter 99 SOCIAL WELFARE LAWS OF CONNECTICUT 11 Sec. 1723 as amended by Sec. 673c. Refund for support ol persons in state institutions. Claim for any sum due from the state as a refund for the support of any person in a state institu- tion may be made by a person entitled thereto to the commissioner of welfare, in writing, on forms furnished by said commissioner of welfare, who shall decide as to the amount due and, if satisfied that the claimant is entitled to any refund, shall certify the amount due to the comptroller, who shall pay the same. 1921, C 275 1930 1935 Sec. 1724 as amended by Sec. 673c. Sale of property of re cipients of stale aid. The commissioner of welfare is authorized to sell or otherwise dispose of any property in his custody, the value of which shall not exceed three hundred dollars, which be- longed, at the time the same was taken into custody, to a person who had applied for or was receiving aid from the state. 1927, C 210 1930 1935 Sec. 1725 as amended by Sec. 673c. Disclosure of property of a person receiving state aid. Any person who shall have in his possession or control any property of any person applying for or receiving aid from the commissioner of welfare or who shall be indebted to such applicant or recipient or shall have knowledge of any property belonging to him, and any officer who shall have control of the books and accounts of any corporation which has possession or control of any property belonging to any person applying for or receiving such aid or is indebted to him, shall, up- on presentation by the commissioner of welfare or any person deputized by him, of a certificate, signed by him, stating that such- applicant or recipient has applied for or is receiving aid from said commissioner of welfare, make full disclosure to said commis- sioner of welfare or such deputy, of any such property or indebt- edness. Such disclosure may be obtained in like manner of the property or indebtedness of any person liable for the support of any such applicant or recipient. See appendix (II). 1927. C. 217 1930 1935 Sec. 674c, Powers and duties. The commissioner of welfare shall administer the laws concerning old age assistance, and all powers and duties conferred or imposed upon the state agent of state agencies and institutions under the provisions of any statute, except as otherwise provided, are conferred and imposed upon and shall be performed by the commissioner of welfare. 1935 Sec. 566e. Reports to towns by the commissioner of welfare. The commissioner of welfare shall report quarterly to the select- men of each town which is chargeable, in whole or in part, for the support of inmates of state institutions, the names of such in- mates and the sums due for their support. 1937, S. 364d Sec. 567e. Federal appropriations for welfare purposes. The commissioner of welfare is empowered to administer, with the advice of the public welfare council, any and all moneys appro- priated or to be appropriated by the federal government to the state of Connecticut for purposes of public welfare. Said commis- sioner is empowered to co-operate with the federal government and the several states in the promotion of activities in the field of public welfare. 1937.S 365d Sec. 386h. Appointment of estate administrator. The office of estate administrator under the jurisdiction of the commissioner of welfare is established. On or before October 1, 1945, the com- missioner of welfare shall, subject to the provisions of chapter 105a appoint a member of his office staff to be estate administrator. In 1945 SOCIAL WELFARE LAWS OF CONNECTICUT the case of a vacancy in such office by reason of death, resignation or otherwise, said commissioner shall fill the same by appointing another member of his office staff. 1945 Sec. 387h. Oalh and bond. Before entering upon the duties of his office, the person so appointed shall take, and file with the commissioner, an oath of office and execute a bond in such form and in such amount as shall be prescribed by the treasurer and the attorney general as provided under the provisions of section 2237, conditioned for the faithful performance of the duties of his office and that he will fully and correctly account for and pay over all moneys and property that come into his hands as such estate administrator. mo Sec. 388h. Employees; counsel. Said commissioner shall, subject to the provisions of chapter 105a, appoint such assist- ants, including stenographic and clerical employees, as may be necessary to carry out the duties of the office. The estate admin- istrator may employ counsel in any estate, whose fees and ex- penses shall be approved by the probate judge and shall be borm by the estate. 1M5 Sec. 389h, Duties, The estate administrator may act as guar- dian, conservator, administrator or trustee, or in any other fidu- ciary capacity under the jurisdiction and appointment of the pro- bate courts of this state or like courts of any other state or of the United States, or any instrumentaliy of this state or any other state or of the United States qualified to appoint fiduciaries, only in connection with property of any minor, incapable, incompetent or deceased person, who is or has been receiving financial aid from the state or any county therein. The estate administrator shall have the same rights and powers and be subject to the same duties and obligations as are possessed by and imposed upon guar- dians, conservators, administrators and other fiduciaries, and such courts or instrumentalities are authorized to appoint the estate ad- ministrator, trustee or other fiduciary in connection with property of any such minor, incapable, incompetent or deceased person. The authority of the estate administrator to act and of the court or instrumentality to appoint such estate administrator shall be limited to cases in which the amount of property involved does not exceed five hundred dollars in value. Sec. 390h. Bond in court proceeding not required. Unless otherwise directed by the court the estate administrator shall be excused from giving any bond in any court proceeding. 1945 Sec. 39Ih. Fees not allowed. No fee for services shall be al- lowed to the estate administrator by the probate court. J921, C. 307, S. 2 1930.C. 98. S.1910 J935.S. 712c 1937,S, 386d Sec. 1910 as amended by Sec. 600e. Deputy. Child Welfare. The commissioner of welfare shall appoint a deputy to be in charge of child welfare, who shall have had not less than five years’ ex- perience in work involving the welfare of dependent and neglect- ed children. 1937, S. 389d Sec. 603e. Branch offices of the commissioner of welfare. The commissioner of welfare is authorized to establish branch of- fices at suitable places in the state, and the expense of leasing and maintaining the same shall be paid out of the appropriation for the office of the commissioner of welfare. SOCIAL WELFARE LAWS OF CONNECTICUT 13 General Provisions Sec. 707c. Use of oleomargarine in humane and reformatory inslilutions. No humane, charitable, reformatory or penal insti- tution under state or county control, except the State Prison, the State Prison tor Women, the Connecticut State Farm for Women, the Connecticut Reformatory and the county jails, shall use or furnish to its inmates any oleomargarine or imitation butter, as the same is defined in section 2444. 1931 Sec. 708c. Military records of parents of county or state wards. The board of managers of each county home and the commission- er of welfare shall keep a separate index showing the military service record of the parent or parents of children committed to such home or to the custody of said Commissioner. 1933 Sec. 1896. Detention homes. Towns are authorized to pro- vide or maintain detention homes for children of such persons ac- cused of crime as in the opinion of the judge or prosecutor are in need of reformative rather than punitive treatment. 1918. S. 1855 See Sec 1859 Sec. 1897 as amended by Sec. 594e. Commitment papers. Uniform forms of commitment papers or mittimus shall be used by all authorities throughout the state in the commitment by them of minors to county homes or humane or reformatory institutions. Such forms shall be prepared by the attorney general, printed at the expense of the state and furnished by the commissioner of welfare. In such forms, there shall be stated the following par- ticulars in regard to the minor committed thereby; Name, age or date of birth as exactly as can be determined, and the town or city and state in which born; name, nationality and religious prefer- ence of the parents so far as known. The age thus ascertained shall be taken as the true age of such minor with reference to the term of commitment. The authority committing any minor shall forthwith send a certified copy of the mittimus to the commission- er of welfare. The provisions of this section shall not affect those of section 1830. 1918, S. 1777, 1877 1921, C. 356. S. 8 1930 1937, B. 382<3 Sec. 1S0I. Costs on commitments to schools or county homes. The authority committing any boy to the Connecticut School for Boys, or committing any child to the home for uncared-for and neglected children in any county, or committing any girl to Long Lane School, shall transmit a certified copy of the items of the costs on the complaint to the clerk of the superior court for the county in which the trial or hearing was had, within thirty days after the trial or hearing, and such costs shall be taxed and paid as costs are taxed and paid in criminal cases coming to the superior court from an inferior court. 1918. S. 1872 Sec. 1902 as amended by Sec. 386g. Support of minors in re- formatory institutions. The authority committing any minor to any reformatory institution entitled to receive compensation from the state for the support of such minor may order the person or persons liable for the support of such minor, if, in the opinion of such authority, they are of sufficient pecuniary ability, to pay to the state treasurer, in such manner as such authority shall direct, such sum, not greater than ten dollars per week, as such authority shall order, during such time as such minor shall remain in such institution; and failure to duly pay the amount so ordered in the manner directed shall render the person or persons so failing to pay liable to the provisions of section 6265. Such authority shall indorse the substance of such order on the certified copy of the mittimus to be sent to the commissioner of welfare in accordance with the provisions of section 1897 as amended. 1918, S. 1874 1930, S. 1902 1937, S. 383d J.939, S. 59Se 1943 1918,S. 1860 14 SOCIAL WELFARE LAWS OF CONNECTICUT Sec. 1903. Religious instruction. Equal privileges shall be granted to clergymen of all religious denominations to impart re- ligious instruction to the inmates of the Connecticut Scnool for Boys and Long Lane School, and of each chartered or incorporated institution to which any minor may be committed by any court, and every reasonable opportunity shall be allowed such clergymen to give such inmates, belonging to their respective denominations, religious and moral instruction; and the trustees or governing of- ficers of each of such institutions shall prescribe reasonable times and places, not inconsistent with its proper management, when and where such instruction, which shall be open to all who may choose to attend, may be given. 1018. S. 2010 Sec. 1304. Retention of diseased prisoners. When the medical officer of, or any physician employed in, any penal or charitable institution shall report in writing to the superintendent or other officer in charge of such institution, that any inmate thereof com- mitted thereto by any court or supported therein in whole or in part at public expense is afflicted with any venereal disease so that his discharge from such institution would be dangerous to the public health, such inmate shall, with the approval of such super- intendent or other officer in charge, be detained in such institu- tion until such medical officer or physician shall report in writing to the superintendent or officer in charge of such institution that such inmate may be discharged therefrom without danger to the public health. During detention the person so detained shall be supported in the same manner as before such detention. See Ap- pendix (III). 1918.S.1868 Sec. 1905. Asylums for deformed, when prohibiled. No asylum, home or institution for defective, deformed or incurable persons shall be established or maintained within the limits of any town without the consent of such town, unless under express legislative authority. 1923, C. 66 Sec. 6075. Trespass on land of slate institutions. Interference with inmates. Any person who shall wilfully trespass upon lands belonging to the state which are appurtenant to any state institu- tion or any person who shall interfere with any inmate of any state institution, or who, after notice from an officer of any state institution to leave such lands, shall remain thereon, shall be fined not more than fifty dollars or imprisoned not more than three months or both. Any officer of any state institution, or such person as such officer may call upon to assist, may arrest any person violating any provision of this section and forthwith take him before some proper authority who shall, upon complaint of the proper prosecuting officer, proceed to try such person. 1918, 6. 1816, 6330 L821; C. 68 1945’ Sec. 6182. New statute. Sec. 1009h. Escape from certain institutions. Any person who shall aid or abet any inmate in escaping from The Connecticut State Farm for Women, Long Lane School, The Connecticut School for Boys, the Mansfield State Training School and Hospital, The Southbury Training School or any institution to which commitment may be made un- der the authority of section 1817, as amended by section 584e, or who shall knowingly harbor any such inmate, or aid in abducting any such inmate who has been paroled from the person or per- sons to whose care and service such inmate has been legally com- mitted, shall be fined not more than five hundred dollars or im- prisoned not more than three months or both. Any sheriff, deputy sheriff, constable, or officer of state or local police, and any offi- cer or employee of any of said institutions, is authorized and di- rected to arrest any person who shall have escaped therefrom and return him theretp. , SOCIAL WELFARE LAWS OF CONNECTICUT 15 Sec. 342. Oealhs in reformatory institutions. When any boy committed to the Connecticut School for Boys or any girls com- mitted to Long Lane School shall die, the superintendent shall cause immediate notice thereof to be sent by mail to the registrar of births, marriages and deaths of the town from which such boy or girl was so committed. 1918,S. 331 Public Welfare Council Sec. 1907 as amended by Sec. 598e. Public welfare council. The public welfare council shall be composed of five members, of whom three shall be men and two shall be women. During the tegular sessions of the general assembly of 1941, and quadrennial- ly thereafter, three members shall be appointed by the governor, with the advice and consent of the general assembly, and in like manner two members shall be appointed during the regular ses- sions of the general assembly in 1939, and quadrennially there- after. Each such appointee shall hold office for a term of four years from the first day of July next succeeding his appointment and until his successor shall be appointed and shall have quali- fied. The governor may remove any of the members of said pub- lic welfare council for cause. Any vacancy shall be filled by the governor by appointment for the unexpired portion of the term. The members of the council shall receive no compensation for their services. The council shall have an office in Hartford, where its records, papers and books shall be preserved. It shall meet at least once in two months, and three members shall consti- tute a quorum. The council shall collect information and sta- tistics relating to pauperism and the administration and operation of the laws relating to the poor and to state charities, and embody the same with such suggestions as it may deem best, in a report to the governor, on or before June 30, 1938, and biennially there- after. Said council shall co-operate with and advise and assist, the commissioner of welfare in carrying out his duties; shall, upon request, advise him in regard to policies; shall recommend, on its own initiative, policies and practices which shall be considered at a duly called meeting of said council, which meeting said commis- sioner or one of his deputies shall attend. The commissioner shall assist the council in obtaining such data and information as shall best effectuate its purposes and service. 1918. S. 1887, 1894. 1895 1919, C. 299 1921,C. 307 S. 1 1930, S. 1907 1935, S. 710c 1937, S. 385d Sec. 1911 as amended by Sec. 713c. Duties of public welfare council. The public welfare council may inspect almshouses, homes for neglected or dependent children, asylums, hospitals and institutions for the care of support of the dependent or crimi- nal classes; and it shall inspect all institutions in which persons are detained by compulsion, to ascertain whether their inmates are properly treated, and, except in cases of detention upon legal process, to ascertain whether any have been unjustly placed or are improperly held therein, and may examine witnesses and send for persons and papers and correct any abuses found to exist, in such manner as not to conflict with any personal, corporate or statutory rights, acting, so far as practicable, through the persons in charge of such institutions, and with a view to sustain and strengthen their rightful authority; and no measure shall be adopt- ed without the assent of the persons so in charge, except upon the approval of the commssioner of welfare and either at a meet- ing of said council, at which at least four members shall be present, or by a written order, signed by a majority of the said council. The provisions of this section shall not apply to the Connecticut Institute for the Blind. See Appendix (IV). v 1918, S. 1888 1930 1935 See Sec 1914 Sec. 1911. Cited 119 C, 111, 16 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S 1893 1930 1935 Sec. 1912 as amended by Sec. 714c. Institutions to be visited quarterly. The State Prison, the Connecticut Reformatory, the Connecticut School for Boys, the State Farm for Women, Long Lane School, the Mansfield State Training School and Hospital and the state hospitals for mental illness shall be visited as often as once in three months by at least one member of each sex of the public welfare council. No previous notice of such visit shall be given to the persons in charge of the institutions visited and. at each such visit, an opportunity shall be offered to each inmate for private conversation with some member of the public welfare council. Any communication directed to said public welfare coun- cil, or to any member thereof, by any inmate of any said institu- tions, shall be immediately mailed without inspection; and any inmate of any of said institutions may personally deliver to any member of said public welfare council, and any of such member may receive, any communication without interference or inspec- tion of the person or persons in charge. The inmates of said in- stitutions shall be informed of their rights under this section by the persons in charge, to the satisfaction of said public welfare council or any visiting member thereof. 1918.S 1889 1930 1931 Sec. 1914 as amended by Sec. 716c. Orders: how presented. Appeals. Fees, Any orders arising from the action of the pub- lic welfare council that may be taken under the provisions of sec- tion 1911 shall be presented in writing, signed by a majority of the public welfare council, to the persons in charge of the insti- tution concerned at the earliest date practicable. An appeal may be taken to the governor from any action of the public welfare coun- cil by the persons in charge of any such institution within twenty days after the receipt of such written order, and the governor shah grant full opportunity for a hearing on the appeal to all persons concerned in such order and appeal. Whenever such appeal shall not be made within the specified time or, if made, shall not be sustained by the governor, any person to whom such written ordei shall have been delivered who shall fail to comply with such re- commendation, within a reasonable time thereafter, shall be fined not more than fifty dollars for each month of such failure. Juris- diction for the imposition and collection of such fines is conferred upon any criminal court of common pleas within whose jurisdic- tion such person resides and, in counties where there is no crim- inal court of common pleas, upon the superior court. Any person summoned to appear in an investigation conducted by said public welfare council, or by the governor on appeal as provided by this section, other than officers and employees of an institution under examination, shall receive such fees and expenses as are allowed witnesses in courts. The witness fees and expenses of an invest- igation shall be paid by the comptroller upon presentation of an itemized account thereof, signed by the president and secretary of said public welfare council and approved by the governor. 1918, 6. 1639 1930,S, 1709 1935, S- 666c 1937, S. 362<3 1939 Sec. 1709 as amended by Sec. 560e. Overseers of Ihe poor lo keep records and make returns. Overseers of the poor shall keep full and accurate records of the paupers fully supported, the per- sons relieved and partially supported and the travellers and vagrants lodged, in whole or in part, at the expense of their re- spective towns, together with the amount paid them for such sup- port and relief, and monthly, or at such other periods not less than monthly, as may be designated by the public welfare council and the commissioner of welfare, shall make reports to the commis- sioner of welfare of the number of such persons supported, to- gether with the cost, in the manner and on such forms as may SOCIAL WELFARE LAWS OF CONNECTICUT 17 be approved by said council and the commissioner of welfare. Such reports shall be public records and may be published pe- riodically by said council and the commissioner of welfare in such form as said council and said commissioner shall direct. Note see Sec. 366g. Sec. 599e. Powers and duties of the public welfare council. The public welfare council may appoint, and may remove from office, such directors, assistants and investigators as may be neces- sary to carry out its duties and, subject to the approval of the governor and the commissioner of finance and control, may fix their compensation and the public welfare council may delegate any of its powers and authority to any director, assistant or in- vestigator, who shall have, within the scope of the power and authority so delegated, all the powers and authority of the council. 1937. S. 384d Sec. 1906 as amended by Sec. 596e. Homes for aged people. Any person desiring to maintain a home in which two or more persons beyond the age of sixty years shall be cared for shall ap- ply to the public welfare council for a certificate permitting him to maintain such home. Such application shall be upon a blank provided by said public welfare council and shall state the location of such home, the number of persons wThich may be cared for therein and, in the case of an institution, the purpose for which the institution is founded, the names of its chief officers and the person actually in charge, with such other information as shall be required by said public welfare council. The proprietor of such home shall file annually with said public welfare council a re- port stating the number of inmates received and the number re- moved during the year, the number and causes of deaths and the average cost of support per capita, with other such information as may be required by said public welfare council. The certificates provided for in this section shall be issued for the term of one year and may be renewed for a similar term in such manner as said public welfare council shall direct. Said public welfare coun cil may at any time revoke any such certificate. The provisions of this section shall not apply to persons caring for relatives, in- stitutions receiving state aid or maintained by municipalities, specially chartered institutions or charitable institutions. Any person violating any provisions of this section shall be fined not more than twenty-five dollars, and each month during which he shall fail to comply with any such provision shall constitute a separate offense. 1918,S, 1869 1930 1935, S- 709c 1939 Sec, 6294. New statute Sec. 1015h. Soliciting for philan- thropic purposes. No person shall solicit money, services, sub- scriptions or any valuable thing for any alleged charitable or philanthropic cause, from other than a member of the organiza- tion for whose benefit such person is soliciting or within the coun- ty in which such person or organization is located unless such cause shall have been approved by the public welfare council. Upon application of any person in behalf of such cause, the public welfare council shall determine whether such cause is a bona fide object of charity or philanthropy and confoims to reasonable standards of efficiency and integrity, and if it shall so find, shall approve the same and issue to the authority in charge a certifi- cate to that effect. Such certificate may be revoked at any time Any person violating any provision of this section shall be tmed not more than one hundred dollars or imprisoned not more than •thirty days or both. 1918, S. 8449 1930 1937. S, 8600 1941, S 860f 1945 18 SOCIAL WELFARE LAWS OF CONNECTICUT County Administration 1918,S 194 1930 1937, 97 Sec. 1860. New statute. Sec. 424h. Arrest without warrant restricted. Bail. Nothing in this chapter shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of war- rants by judges as provided by law, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process shall appear imperative. Whenever a child shall be brought before a judge of any city, police, borough or town court, such judge shall immediately transfer such case to the juvenile court having jurisdiction over it and direct that the child be forthwith delivered to such juvenile court or into the custody of the probation or other officer of such court. Such judge may admit such child to bail or release him in the custody of his par- ent or parents, his guardian or some other suitable person to ap- SOCIAL WELFARE LAWS OF CONNECTICUT 31 pear before the juvenile court when ordered. In case detention shall become necessary or desirable, the same shall be in the man- ner prescribed by this chapter. Upon the arrest of any child by an officer, such officer shall immediately turn him over to the probation or otner officer of the juvenile court, if such course be practicable. If it be not practicable, such child shall be cared tor in the manner provided in section 1858. Sec. 1861. New statute. Sec. 425h. Investigation prior to juvenile court hearings. Prior to the hearing of the case of any child, investigation shall be made of the facts as herein specified. Such investigation shall consist of an examination of the parent- age and surroundings of the child, his age, habits and history, and shall include also an inquiry into the home conditions, habits and character of his parents or guardians. In cases of alleged de- linquent children, such investigation shall be made by the pro- bation officer. In such cases the court shall also, if practicable, cause the child to be examined as to his mentality by a competent and experienced mental examiner, who shall make a report of his findings. Prior to the hearing in the case of any child, if such child shall attend school, there shall be obtained from the school which he attends a report concerning him. The school officials shall furnish such report upon the request of the court or its pro- bation officer. The court shall, when it is considered necessary, cause a complete physical examination to be made of the child by a competent physician. Until such time as such investigations shall have been completed and the results thereof placed befox-e the judge, no disposition of the child’s case shall be made. 1921, C.336, S. 10 1945 Sec, 1862. Hearing. Judges of juvenile courts shall, during hearings before them, exclude from the room in which they are held any person whose presence is, in the court’s opinion, not nec- essary. Such hearing shall not be held in a room regularly used for the transaction of criminal business. For the purpose of sucn hearings, the court shall have authority to summon witnesses and compel their attendance. The conversations of the judge with a child, whose case is before court, shall be privileged. 1921, C336 S. 11 Sec. 1863. Commitment. Reports. The court, if it shall find that the child needs the care, discipline or protection of the state, may so adjudge and commit the child to any public or private in- stitution or agency which is permitted by law to care for children, commit him to the care and custody of some suitable person, order the child to remain in his own home subject to the supervision of the probation officer or withhold or suspend judgment. Whenever a child brought before the court shall be found to be mentally de- fective, the court may order his commitment to an institution for mental defectives or defective delinquents, or may order him to be placed on vocational probation if he be over fourteen years ol age and evidence satisfactory to such court shall establish the fact drat he may properly be employed for part or full time at some useful occupation and that such employment would be more fav- orable to his welfare than commitment to an institution or continu- ance in school; and the probation officer shall supervise such em- ployment. Whenever a juvenile court shall commit a child to any institution, public or private, there shall be delivered with the mittimus a copy of the results of the investigations made as re- quired by section 1861. The court may, at any time, require from the person, institution or agency in whose care a child has been placed such report as to such child and his treatment as it may direct. See Appendix (IX). 1921, C. 336, S. 12,17,20 See Sec, 1881 32 SOCIAL WELFARE LAWS OF CONNECTICUT 1921,C. 336. S. 16 1930 1931, S 695<‘ 3943 Sec. 1864 as amended by Sec. 38 Ig. Commitments to be in- determinate. Reopening. Commitments by the juvenile court shall be for an indeterminate time but shall terminate when the child reaches the age of twenty-one, except in the case of mental defectives or defective delinquents. Commitments may be reopen- ed and terminated at any time by such court, provided the insti- tution to which the child is committed shall be given notice of such proposed reopening and reasonable opportunity to present its views thereon. *** No costs shall be taxed in the proceedings held under such application. The parents or guardians of such child may apply, not more than twice in any calendar year, for such re- opening and termination of commitment. The provisions of sec- tion 18t>5 with regard to appeals shall apply to any person or. in- stitution aggrieved by any order of a juvenile court made under the provisions of this section, except that no bond shall be requir- ed nor costs taxed on such appeal. 1«2X, C. 336. S 15 Sec. 1867. Religious faiih. Service of commitment process. In committing a child to a custodial agency, other than its natural guardians, the court shall, as far as practicable, select as such agency some person of like faith to that of the parent or parents of the child or some agency or institution governed by persons of such faith, unless such agency or institution is a state or municipal agency or institution. In the order of commital the court shall designate some indifferent person to serve the commitment pro- cess, and such indifferent person may be accompanied by any suit- able relative or friend of any such child. In the event of the per- son designated to serve such commitment process shall be an offi- cer, such officer shall not serve such commitment process while dressed in the uniform of any police officer or sheriff, and no such officer shall, while serving any such commitment process, wear plainly displayed any police officer’s or sheriff’s badge. 1921, C. 336. S IS Sec. 1868. Child not to be prosecuted. No child shall be pros- ecuted for an offense before a juvenile court, nor shall the adju- dication of such court that a child is delinquent in any case be deemed a conviction of crime. i 192), C. 336. I S IP Sec. 1869. Proceedings inadmissable as evidence in criminal proceedings. The disposition of any child under the provisions of this chapter, evidence given in such cases, except evidence of crime which, if committed by a person of sufficient age, would be punishable by imprisonment in the State Prison, and all orders therein, shall be inadmissible as evidence in any criminal proceed- ings against such child. 1921,C. 336. S. 21 Sec. 1870. Enforcement of orders. In the enforcement of its orders, the court is authorized to issue process for the arrest of any persons, to compel attendance of witnesses and to punish for contempt by a fine not exceeding one hundred dollars or impris- onment not exceeding six months. County Homes for Neglected and Uncared-for Children 1918, S. 1766 1921, C. 381. S. 1. 1930 1933 Sec. 1873 as amended by Sec. 638c. Location. There shall be provided in each county one or more temporary homes for the bet- ter protection of neglected and uncared-for children between the ages of six and eighteen years. No such home shall be located within one-half mile of any penal or pauper institution, and w pauper or convict shall be permitted to live or labor therein. No Secs. 1873-1894. Cited 127 C. 57. SOCIAL WELFARE LAWS OF CONNECTICUT 33 such home shall be used as a permanent residence for any child, but for his temporary care and protection for so long a time only as shall be absolutely necessary for the placing of the child in a well-selected family home. Sec. 699c. Jurisdiction of judge of probate. In any town in this state in which there is no city, police, town or borough court, the judge of probate, having jurisdiction therein, shall have the same powers and duties in relation to any child who may be brought before him as an uncared-for or neglected child, as are conferred and imposed upon the officials of city, police, town or borough court as officials of juvenile courts under the provisions of chapters 95 and 96 of section 725c. 1935 Sec. 1874 as amended by Sec. 384g. Managemenl. In each county the county commissioners, with one member of the public welfare council or the commissioner of welfare and one represent- ative of the state department of health, shall constitute a board for the location, organization, management and general supervision of such temporary home or homes in such county. Said board may, with the consent of its managers, use orphan asylums in operation in any county as temporary homes for that county; and the county commissioners may lease, purchase, hold, sell and convey real and personal estate for the purposes of such temporary home or homes; and the board may, when desirable for economical reasons and when consistent with the welfare of the children to be provided for, establish such temporary homes in desirable private families; provided, in no instance, shall such home be under the same care or management as an almshouse, workhouse or penal institution. Said board may appoint such superintendents or agents and make such rules, regulations and by-laws as may be necessary or con- venient for the order and government of the temporary home and its officers. (See Sec. 13e). See Appendix (X). 1918, S. 1768 1921, C. 381 S. 5 1923,C. 215 1930 1935, S 700c 1943 Sec. 1875 as amended by Sec. 701c. Powers of managers. Earnings of minors. In each county the board for the manage- ment of temporary homes for uncared-for and neglected children shall meet at least once in each three months for the purpose of attending to its duties, and notice of such meeting shall be sent to each member by mail at least three days prior thereto by the chair- man of said board. At the meeting of said board in each county in the fall months of each year, one or more designated represent- atives of the commissioner of welfare shall meet with said board for the purpose of suggesting such provisions, changes and addi- tions as they may think desirable in the temporary home and as- sisting said board in the selection of family homes for the children in the temporary home and advising said board of the results of their visits to children in family homes. *** Said board in each county shall have full guardianship and control of each child com- mitted to the temporary home for such county until such child shall have reached the age of eighteen years, or such guardianship and control shall have been legally transferred, or another guar- dian appointed by the probate court with the consent of said board, and said board in each county shall have the power to place any child committed to the temporary home of the county at such employment and cause the child to be instructed in such branches of useful knowledge as may be suited to the age and capacity of 1918, S. 1789 1921. C 381 S.ll 1930 1935 Sec. 1875. Parent cannot dictate as to religious instruction of child com- mitted to county home: habeas corpus denied. 61 C. 263. Sec. 1875. The provisions of chapter 96 entrust the care and custody of children committed to a county home to the hoard of management of such home and constitute such board their legal guardian to the exclusion of any custody or control on the part of the parents. 110 C. 467. 468. 34 SOCIAL WELFARE LAWS OF CONNECTICUT the child for such term of years, not extending beyond the childV seventeenth year, as will inure to the benefit of the child. Parents whose children have been supported by a temporary home for three years shall not be entitled to their earnings or services aftei they have become eighteen years of age. 1918, S. 1782 1919, C. 338 1921, C. 210, C. 381,S.2 1923,C. 184. S. 1 1939 Sec. 1876 as amended by Sec. 591e. Commitment. Any ju- venile court having jurisdiction and, in cases in which no juvenilt court shall have jurisdiction, the probate court for the district in which there may be any uncared-for or neglected child, may, up- on finding and adjudging that any child is uncared-for or neglect- ed, commit such child to any temporary home, where he may re- main until he shall be eighteen years of age, unless sooner dis- charged by the board of management of the temporary home in the county in which such child shall have been committed. Said board may place any child in a private family, whether he shall be cared for free or for compensation, or in any chartered orphans' asylum or children’s home in this state where in such child shall be accepted for the period, or any portion thereof, for which such child shall have been committed to such temporary home. The authority committing any such child shall, within thirty days af- ter such commitment, transmit a certified copy of the items of the costs of such proceedings to the clerk of the superior court foe the county in which the trial or hearing was had, and such costs shall be paid as costs are paid in criminal cases coming to the superior court from an inferior court. The comptroller shall, each month, upon the certification of the commissioner of welfare, pay to said board, for each child committed to and residing in such temporary home, three dollars and fifty cents per week, and, fo: each child not residing in such temporary home, the actual expense to said board not to exceed three dollars and fifty cents per week. Said board shall file with the commissioner of welfare a monthly report of the number of such children under its guardianship re- siding in such temporary home and the number not residing in such temporary home. See Appendix (XI). 1918, S. 1783 1919, C. 133, S. 1,2 1921, C. 381, S.3,4 1923,C. 184. S. 2 1930 193S Sec. 1877 as amended by Sec. 702c. Notice of hearing. Waiver. Notice of the hearing upon a petition filed in any court for the commitment of a child to a temporary home shall be given by mail to the commissioners of the county in which such home is located and to the commissioner of welfare at Hartfoid, at least seven days before the date of such hearing, and, at such hearing, such county commissioners and said commissioner of welfare shall have the right to be heard as to such proposed commitment. If the court tu which such petition is brought shall find, that the circum- stances of the child require his immediate commitment to such county temporary home, opportunity shall be given to the county commissioners and to the commissioner of welfare, before sucir commitment, to consent to a waiver of the notice of such hearing. 1921, C. 266 Sec. 1878. Physical and mental examinations before commit- ment. Whenever a petition shall be filed in any court for the commitment of a child to a county temporary home in accordance with the provisions of section 1876, the court to which such peti- tion is brought shall, before the hearing shall be held on such peti- tion, require a thorough physical examination to be made of th( child concerned in such petition by a duly qualified physician ap- pointed by the court for the purpose of determining whether oi Sec. 1876. Board not bound to permit withdrawal of child under any cir- cumstances. 61 C. 268. Sec. 1876. See note to Sec. 1875. Cited 115 C. 596. Sec. 1877. See note to Sec. 1875. Sec. 591e. Cited 127 C. 58 SOCIAL WELFARE LAWS OF CONNECTICUT 35 not such child is a fit subject for commitment to a county tem- porary home. In all cases where the court to which such petition shall be brought is situated within fifteen miles of a duly recog- nized clinic in mental hygiene or institution for the treatment of mental diseases or professional office of a responsible alienist or expert in psychiatry, such court shall, before such hearing shall be held, require a mental examination to be made of the child concerned in such petition by such responsible alienist or by an expert connected with, such clinic or institution, who shall be ap- pointed by the court for this purpose, provided, in case the town shall be more than fifteen miles from a duly recognized "clinic, the examination shall be made by a reputable physician. Each child subject to such examination shall be accompanied to and from the place of examination by a responsible adult person appointed for the purpose by the court and, in the case of a female child, such responsible adult person shall be a female. The person ap- pointed to make any examination required by this 'section shall file with the court a written report of such examination at or be- fore the time of hearing upon the petition for commitment. The expense incurred in making such examination shall be paid as costs of commitment are paid under the provisions of section 1876. In all cases where the commitment of a child to a county tem- porary home shall be carried into effect, the report of examina- tion shall accompany the mittimus under which the child was committed. Sec. 1879 as amended by Sec. 703c. Children who shall not be commilled. No child, mentally ill, feeble-minded, blind, so crippled or so deaf as to require special care, tubercular or suffer- ing from any incurable or contagious disease, shall be cbfnmitted to any county temporary home or allowed to remain therein. If, in the opinion of the board of management of any such home, act- ing under the advice of the physician employed by it, any child admitted thereto shall come within any of the classes enumerated herein, the chairman of the board shall notify the selectmen of the town from which such child was committed, and such select- men shall cause such child to be removed immediately from such temporary home. A letter deposited in the post office, postage paid, stating the name of the child and that he is mentally ill, feeble-minded, blind, so crippled or so deaf as to require ’special care, tubercular or suffering from an incurable or contagious dis- ease, as the case may be, signed by the chairman of such board and directed to such selectmen, shall be sufficient evidence that notice was given at the time that such letter would in the usual course of the mails reach such selectmen; and actual notice in writ- ing sent in any other mode shall be sufficient. This section shall not apply to children who contract any curable contagious disease in the home. If the selectmen of any town shall fail, for ten days after such notice has been given, to remove such child, the chair- man may, in the name of the county wherein such home is locat- ed, institute against such selectmen an action of mandamus to com- pel such selectmen to remove immediately such child from such home; and such selectmen shall forfeit to such county three dol- lars for each day of failure after the ten days specified, to be re- covered by such county in any proper civil action. 1918, S. 1767 1930 1933 See Sec. 2628 Sec. 1880 as amended by Sec. 704c. Transfer of minors in in- stitutions. The court of probate for the district in , which any county temporary home or reformatory institution for minors is »Huated may, upon application to it therefor by the board of man- of such home or institution or by the commissioner of welfare, after inquiry and upon finding that any inmate of such home or institution will be benefited by being transferred to the 1919 C. 301 1930 1935 36 SOCIAL WELFARE LAWS OF CONNECTICUT Mansfield State Training School and Hospital or other suitable in- stitution and is a proper subject to be received therein, order such inmate discharged from such county home or reformatory institu- tion and committed to said training school or other institution, to be kept and supported for such length of time as such court may deem proper. On approval of such order by the governor, such inmate shall be thereupon discharged from such county home or other institution and, by a person selected by the superintendent of such home or institution, shall be delivered to said Mansfield State Training School and Hospital or other institution, there to be retained and supported in the manner provided in sections 1779 and 1780, The provisions of sections 1706 and 1707, in regard to the examination and removal of inmates of almshouses who may be found to be mentally ill or feeble-minded, are made applicable in like manner to children in the county temporary homes, except that the duties specified in said sections for selectmen or similar boards of any town shall, in the case of any such child, devolve upon the board of management of such county temporary home and that the proceedings for commitment of any such child shall be brought to the probate court for the district in which such county temporary home is located. See Sec, 1783 1913. S. 1773 Sec. 1881. Court may revoke commitment. Any court, b> which a child has been committed pursuant to the provisions of this chapter, may, upon the application of a relative of such child and while such child is in the guardianship of the board of man- agement of a temporary home, upon due hearing, after reasonable notice to such board served upon its chairman or secretary, upon finding that the cause for commitment no longer exists, revoke its order of commitment, and thereupon such guardianship arid all control of such board over such child shall terminate. See Sec. 1750 191B. S. 1770. 1771 Sec. 1882. Children not to be in almshouse; penalty. Expense o£ support. Overseers of the poor shall not place or retain children between the ages of four and eighteen years in almshouses after they have been notified by such board that a temporary home in their county is open for such children; and, upon such notice, they shall cause all such children in almshouses to be removed to such home; provided, if one of the parents of such children, who is a person of good moral character, shall be committed to the alms- house with them, and may there care for them, such children may remain with such parent in the almshouse for a period of not more than thirty days in any one year. The necessary expenses of sup- porting such children in temporary homes or in family homes, un- til they shall reach the age of twelve years for girls and fourteen for boys, shall be paid by the town committing them to the tem- porary home, such town having a right of action upon this statute for reimbursement from the town to which such children, if pau- pers, would be legally chargeable, at not less than one dollar and fifty cents nor more than two dollars weekly per child; but noth- ing herein shall require payment for the support of children in private families, when, in the opinion of such board, they may be placed by it in such families to its satisfaction, consistently with the best interests of the child and with the provisions and pur- poses of this chapter, without such payment. Overseers of the poor may place c»hildren in the temporary home for their county upon such terms, as to the time of their stay therein, and may be agreed upon by them with such board. Such board may, in its discretion, permit children to be cared for in the temporary at the expense of private persons. The placing of children with Sec. 18X1. See note to Sec. 1875. SOCIAL WELFARE LAWS OF CONNECTICUT 37 the lowest auction bidder is prohibited. Any selectman, overseer of the poor or town, placing or retaining any child between the ages of four and eighteen years in an almshouse, in violation of the provisions of this section, shall be fined fifty dollars; and each month of such violation shall constitute a separate offense. Sec. 1883. Placing in county homes of children under four. Children less than four years of age may be placed by overseers of the poor in any county temporary home if i*s board of man- agement shall consent to receive them, and the expense of their support shall be paid in accordance with the provisions of section 1882. 1918. S. 1772 Sec. 1884 as amended by Sec. 592e. Contracts for care of children in foster homes. When any child from a county tem- porary home shall be placed by the board of management of such home in a private family, the responsible person receiving such, child shall execute in triplicate an agreement with such board on a form to be furnished by the comptroller to the commissioner of welfare and to be furnished by said commissioner to such respon- sible person. One copy of such agreement shall be retained by such person, one kept on file at the county temporary home and the third kept on file by said commissioner. The compensation to be paid for the care of each such child shall not be less than that cus- tomarily paid by the commissioner of welfare for the care in pri- vate families of children committed to his guardianship under the provisions of section 725c unless the responsible person receiving such child shall consent in such agreement to accept compensation at a lesser rate, or to receive such child without compensation. 1918, S. 1780 1930, S. 1884 1933 705o 1933, S. 1937. S :WOtl Sec. 1885. Return of children to county homes. When any child has been placed in a family home by the board of manage- ment of any county home, any person, upon giving bond for costs, may appeal to the superior court for the county in which such family home is located, or to any judge thereof, and, if such court or judge shall find that it is inadvisable that the child shall re- main in such family home, such court or judge shall order such child to be returned to the county home. At any time during the pendency of such appeal, such court or judge may order such child to be returned to the county home until the appeal shall be final- ly determined. Notice of the pendency of such appeal shall be served in such manner and upon such pex-sons as the court or judge may direct. 1913. S 1781 Sec. 1886 as amended by Sec. 385g. Commitments to other in- stitutions. Transfers and releases. The authorities empowered by section 1876 to commit children to temporary homes may commit such children to any suitable persons or institutions consenting thereto, upon being satisfied, after due inquiry made, that such commitments will be for the welfare and best interest of such children; but the town from which any child is committed under the provisions of this section, or the town to which such child, if a pauper, would be legally chargeable, or the state or the county, shall not be liable for the expense of the support of such child by the person or institution, other than the temporary home, to which such child shall be committed. Such authorities or the board of managers of any temporary home may transfer any child from such home to the keeping of any suitable person or institution, upon the petition of the parents or guardian therefor, upon such authority or board being satisfied, after due inquiry had, that such transfer will be for the welfare and best interest of such 1918. S.1793 1943 See Sec 1898. 1899 Sec. 1886. Cited 115 C. 596. 38 SOCIAL WELFARE LAWS OF CONNECTICUT child; and may release and discharge any child committed to such home, or committed or transferred to any suitable person or in- stitution, from such home, or from such person or institution, and fiom the authority of such board, person or institution, and deliver such child to the keeping of its parents or guardian, upon petition of such parents or guardian to the authority that made the com- mitment or transfer, or to such board, when it shall be shown up- on inquiry had that the causes for which the commitment was made no longer exist; but the town which committed any child to the temporary home, or the town to which such child, if a pauper would be legally chargeable, shall not be liable for the expense of supporting such child after such transfer; and any child who has- been or shall be transferred to a private institution shall cease to be a charge to the state or county. Such petition shall be made within a year of the date of the commitment of the child to the county home. The words “authority” and “authorities” shall not be construed to include justices of the peace. All children com- mitted or transferred in accordance with this section shall be sub- ject to the authority and supervision of the board of managers of the temporary home of the county in which the commitment or transfer shall take place and such board of managers, or then- agents, may visit such children in the several places of commit- ment provided herein, in the same manner and with the same authority as is provided in section 1874 in reference to the visita- tion of selected families, and such managers may, for good and sufficient cause, remove temporarily to the temporary home of such county any child so committed or transferred until such cause shall have terminated; provided, if such cause be not ter- minated within thirty days, then such managers may find a pri- vate family home for such child in accordance with the provi- sions of this chapter. 1918.S. 1784 1785, 1786 1930, S. 1887 1937,S 38Id Sec. 1887 as amended by Sec. 593e. Commitment to reform school. Transfer. Guardianship. No uncared-for or neglected child between the ages of four and eighteen years shall be sen- tenced or committed to the Connecticut School for Boys or Long Lane School unless such child shall be found to be delinquent as defined in section 1854, or the court or magistrate making thi commitment shall be of opinion that the child’s previous circum- stances and life have been such as to make it desirable that such child should be placed under the restraint, care and guardianship of one of said institutions. The directors of either of said institu- tions may, at their discretion, transfer any such child committed to such institution to the county home of the county from which such child was committed, after reasonable notice to the board of manager's thereof. The superintendent of such institution shah immediately notify the commissioner of welfare of such transfer, and the expense of supporting the child in such nome shall be paid by the state as provided in the case of children committed to temporary homes by process of law. Such transfer shall not di- vest the institution from which the child is transferred of its guard- ianship and control over such child unless the same be relinquish- ed by the board of directors of such institutions. 1918. S. 1794 Sec. 1888. Religious instruction. Equal privileges shall be granted to clergymen and parents of all religious denominations to impart religious instruction to the inmates of such temporary homes, and to all children under the charge of boards of manag- ers of temporary homes at their several places of commitment oi residence, and every reasonable opportunity shall be allowed such clergymen to give to such children as belong to their respective SOCIAL WELFARE LAWS OF CONNECTICUT 39 denominations, and to such parents to give to their children, such religious and moral instruction as they may desire; and such boards shall prescribe reasonable times and places when and where such instruction may be given. Sec. 1889. Parents to contribute to support. Whenever either parent of any child, whether such child is born of lawful wedlock or not, who has been committed by a court to any county tempo- rary home, shall be of sufficient pecuniary ability to contribute to the support of such child, such parent shall contribute such weekly sum for the support of such child as may be agreed upon between such parent and the board of management of such home. When- ever such board shall be unable to make a satisfactory agreement with any parent as above provided, or whenever any parent shall refuse to make any such payment and such board shall be of the opinion that such parent, in either case, is in receipt of such in- come as to enable him or her to make such payment, such board shall make complaint to the prosecuting officer of the town where such parent resides. Such prosecuting officer shall thereupon pro- ceed against such parent as provided in section 6265, and such par- ent shall be subject to the penalties and provisions of said section. 1918. S 1796 See Secs 1747. 1895 Sec. 1890. County tax for support of homes. To provide for the expenses of temporary homes in excess of the sum received under section 1876, 1882 and 1889, the board of management shall present annually to the county representatives and senators an estimate of the expense of such homes for the succeeding year, and such representatives and senators may, and, in case sufficient funds are not already in the treasury for such maintenance, shall, at their biennial meeting, or, in years in which no biennial meeting is held, at any special meeting duly called in such year, lay a coun- ty tax for the maintenance of such home or homes in their county. 1918,S. 1787 Sec. 1891. Extra school expense of town or district. The necessary extra expense incurred by any town or school district in providing school accommodations and instruction for the inmates of any temporary homes located therein shall be paid by the county as provided in section 1890. The board of managers of temporary homes in any county shall be the judge of what are such necessary extra expenses, and no such expense shall be al- lowed or collected of such county unless it shall have been incur- red with the approval of such board, nor until the account of the same shall have been audited and approved by such board. 1918,S 1788. 1790 Sec. 1892 as amended by Sec. 706c. Reimbursement by counties tor school expenses. Whenever the town shall wholly maintain the school at the county home in any county or the school or schools which the children from such county home at- tend, the total cost of the education of such children shall be paid by the county commissioners to such town, upon certification of the amount thereof by the board of education of such town. See- Appendix (XII.) 1918. S. 1789 1930 1931 Sec. 1893. School books and apparatus. The state board of education, or a committee appointed by said board, may provide books and apparatus to be used at or in any of the public schools in charge of said board at county temporary homes, at an expense not exceeding in any year the amount hereinafter authorized; and the state treasurer, upon the order of the secretary of the state board of education, shall annually pay said state board of educa- 1918. S. 1791 Sec. 1889. Cited 127 C. 58. Sec. 1890. Cited 127 C. 57. SOCIAL WELFARE LAWS OF CONNECTICUT 40 tion ten dollars for each public school within such temporary homes in charge of said board, for which such books or apparatus are provided, and, if the number of scholars in any such school shall exceed one hundred, the treasurer shall pay to said board ten dol- lars for each one hundred or fractional part of one hundred schol- ars in actual attendance at such school. 1918.S. 1792 Sec. 1894. Penalty for removing child from county home. Any person who shall remove or cause to be removed from a tempo- rary home, or from a private home provided by the board of man- agement of temporary homes, any child who has been committed to a temporary home by a town or by any court, shall be fined not less than fen dollars nor more than thirty dollars or imprison- ed not more than twenty days or be both fined and imprisoned: provided children so committed may be withdrawn upon the authority of such board or of the selectmen so committing them. 1918, S. 1806 1921, C. 356 S 2 1923, C. 174 1930 1935 Sec. 1895 as amended by Sec. 709c. Commitment under six- teen restricted. Apportionment of cost of support of children in institutions. No court or justice of the peace shall commit any child under sixteen years of age to any jail, almshouse or work- house. Any court which shall commit a child to an institution or custodial agency shall determine the pecuniary ability of either or both parents to contribute to the support of such child and shall order such parent or parents to pay such sum for such support as shall be consistent with such pecuniary ability. If such commit- ment shall be to an institution or custodial agency not supported in whole or in part by the state, such order shall direct such par- ent or parents ta pay to such institution the amount specified in such order, provided such amount shall not exceed the actual cost of the support of such child. Such institution or custodial agency may enforce such order by civil suit or by instituting contempt proceedings in the court issuing such order. If such commitment shall be to a county temporary home or to an institution or cus- todial agency supported in whole or in part by the state, such or- der shall direct such parent or parents to pay to the state an amount not exceeding the cost to the state of the support of such child in such institution, and the attorney general shall enforce such order by civil suit or by contempt proceedings. If such com- mitment shall be to an institution or custodial agency supported in whole or in part by the state, except as county temporary home, such court shall certify such commitment to the commissioner of welfare. The town wherein any such child shall be found by said commissioner of welfare to have a settlement, if the same shall be determinable, shall, upon notification by said commissioner of welfare, pay, quarterly, to the state the difference between the amount, if any, which such court shall have ordered the parent or parents of such child to pay and the amount expended by the state for the support of such child, and, if such court shall have ordered no payment by such parent or parents, the whole amount thus expended for such support. Such payments shall be due as from the time of such commitment. An appeal :hall lie from the finding of said commissioner of welfare to the superior court fo? the county where such town is situated. The attorney general shall enforce the collection of such amount from such town by civil suit. The provisions of this section shall not apply to any commitment to the Newington Home for Crippled Children. iee Secs i 889, 1902 Sec. 103e. Additional appropriation by counties. When the county commissioners in any county shall deem it necessary that an additional appropriation should be made for any item of coun- 1937. S. 109d Sec. 1895. Cited 115 C. 596 SOCIAL WELFARE LAWS OF CONNECTICUT 41 ly expenditure for the fiscal year then current, they shall call a meeting of the representatives to the general assembly from ail the towns in the county and the senators resident in the county who may make such additional appropriation or appropriations as they deem proper without imposing a tax upon such towns in the manner provided in section 212, provided the necessary funds to meet such additional appropriation or appropriations shall be made available by a transfer from anticipated surpluses from other items contained in the current fiscal year’s budget adopted for the same department of county government for which such additional appropriation or appropriations are required. The county com- missioners in any county may, at any time, transfer not to exceed one hundred dollars from any one item to any other item of the budget for the current fiscal year within the same department of county government, provided the total amount of such transfers within any one department in any one fiscal year shall not exceed five hundred dollars Guardian and Ward Sec. 4793. Residence of ward defined. For the purposes of this chapter the residence of a minor shall mean nis actual resi- dence and not that imputed to him by the residence of his parents or guardian. 1918. S. 4860 Sec. 4794 as amended by Sec. 647g, Father and mother joint guardians; removal. The father and mother of every legitimate child under twenty-one years of age are constituted joint guar- dians of the person of such minor, and the powers, rights and duties of the father and the mother in regard to such minor shall 1918.S. 4861 1943 Chap. 250. Probate court has full jurisdiction of persons and estates of minors; jurisdiction of superior court limited to appeals from probate, pro- ceedings incidental to divorce actions, and writs of nabeas corpus. 97 C. 442, 99 C. 156. Sec. 4794. Guardian appointed while minor is not of age to choose is guar- dian till majority of warn, unless removed. K. 287. Mother natural guardian on decease of father. 2 R. 323. Judge not liable in civil actions for appoint- ment of bankrupt as guardian. 1 D. 329. Inequitable contract between guar- dian and ward will be set aside. 5 D. 549. Guardian not bound to support ward out of his own estate. 2 C. 388. Appointment showing jurisdictional fact of residence cannot be attacked collaterally. 2 C. 388 ; 75 C. 308. Guar- dian’s autnorlty coterminous with life of ward. 4 C. 189. Different kinds ol guardians. 6 C. SCO. Guardian liable on his bond for negligence in not col- lecting or securing note of nonresident debtor of his ward. 30 C. 508. Father was guardian of minor both as to person and property till arrival at majority, prior to 1931. 31 C. 553. Mother's right as natural guardian inferior to that of guardian appointed by court. 33 C. 328. Guardian used in statutes means guardian appointed by court. 33 C. 327. Father cannot transfer his right to custody to mother. 34 C. 263. Court has no discretion in matter of appoint- ment if person chosen is suitable. 38 C. 304. History of statutes relating to guardian. 58 C. 319. Guardian has no power to bind estate of ward by con- tract. 53C. 419. Guardian primarily responsible to minor rather than court, and a suit on bond proper remedy for neglect of that duty. 43 C. 76. Father has no rights in estate of son. 76 C. 430. Powers and duties of guardian of estate. 77 C. 379. Guardian has authority only, not title to property; ordin- arily represents ward in action. 76 C. 431; 93C. 37; 111 U. S. 5S6. Right of guardian to compromise claim for personal injury. 84 C. 594. Notice as to ap- pointment under former law considered. 67 C. 366. Settlement of account of guardian by his executor; liability where ward’s funds mingled with his own. 69 C. 259. What constitutes residence of child. 69 C. 301. False representation or guardian cannot affect estate. 72 C. 167. Liabilities where administrator of estate is also guardian of distributees. 75 C. 410; 80 C. 111. State where land is situated has sole right to appoint guardian of estate of minor as to it. 178 U. S. 186 Statute applies even though parents are living apart. 99 C. 157; and even though custody during most of year is awarded to mother. Ibid. Guar- dian may not be appointed over illegitimate child until removal of mother under this section. 100 C. 206. Abandonment of minor son by father eman- cipates son: effect on dependency of mother under compensation act. 105 C. 420 42 SOCIAL WELFARE LAWS OF CONNECTICUT be equal. Upon the death of either father or mother, the surviv- ing parent of such child shall become the sole guardian of the per- son of such child. The mother of each illegitimate child under twenty-one years of age shall be the sole guardian of the person of such child. Upon the application of a selectman of the town in which any such minor resides or of a relative of any such min- or, praying for the removal as guardian of one or both of the par- ents of such child, the court of probate for the district in which such child resides shall set a time and place for a hearing on such application and shall order notice thereof to be given by registered mail or otherwise to the parents of such child at least five days before the time set for such hearing, unless a written waiver of such notice, signed by the parent to be affected thereby, shall be lodged in such court or unless the court shall find that such minor has no parent in the United States. If it shall appear that the lo- cation or address of a parent of such child is unknown, notice to him or her may be given by publication in some newspaper hav- ing a circulation in the last known place of abode of such parent at least five days before the time of such hearing. If such court shall find that notice to the parent or parents has been duly given as directed in such order, or that a waiver has been filed as here- inbefore provided, and that either or both are unfit persons to have charge of such child or have abandoned or neglected to make suitable provisions for the support or education of such child or are not residents of the United States or, if the judge, after an investigation made at his request by the commissioner of welfare or by any institution or agency accredited by said commissioner, shall find, after such notice and public hearing, that the removal of the parent or parents as guardians is for the best interests of the child, it may remove as guardian such parent or parents. If of two parents only, one shall be removed, the other parent shall thereupon become sole guardian of the person of such minor. If both parents or the sole living parent shall be so removed, such court shall thereupon appoint a guardian of the person of such minor subject to the provisions of section 4797. Any guardian of the person of a minor so appointed may be removed by the court of probate making such appointment and another person appoint- ed guardian of the person if the court of probate making such ap- pointment shall, after like notice to such guardian, and hearing, find such removal and the appointment of a new guardian to be for the best interests of such child. This section shall not affect the order or decree of any court made prior to August 1, 1917. as to the custody of any minor. See Appendix (XIII). 1918, S.4862 Sec. 4795. Order as to custody of minor pending application for removal of guardian. Enforcement. When application shall have been made for the removal of one or both parents as guar- dians or of any other guardian of the person of such child the court of probate to which such proceeding is brought may, if it deem it necessary, order the custody of such child to be given to some proper person pending the determination of the matter, and may, if either or both parents be removed as guardians or if any other guardian of the person be removed, enforce its decree, awarding the custody of the child to the person or persons entitled thereto, by a warrant directed to the proper officer commanding him to take possession of the child and to deliver such child into the care and custody of the person entitled thereto. Such officer shall make return to such court of its doings thereunder. 1918, 8. 4863 Sec. 4796. Appointment of guardian for minor; rights same as of sole surviving parent. When any child under the age of fourteen years has no parent or guardian of his person, the court SOCIAL WELFARE LAWS OF CONNECTICUT 43 of probate for the district in which such child resides may, on its own motion, appoint a guardian of the person of such child. Such court, in appointing a guardian of the person of any minor, shall take of such guardian a bond, but such bond may be without sure- ty. Such guardian shall have the same right to the custody and control of the child which the sole surviving parent of a child has. Sec. 4797. Right of minor fourteen years old to choose guar- dian. If any minor child fourteen years of age or over shall have no parent or guardian of his person, the court of probate for the district in which the minor resides may notify him to appear and choose some person to be guardian of his person, and, if such court shall approve of the person so chosen, it shall appoint him, but, if it shall disapprove of such person or if such person shall fail to accept and qualify, the minor may choose some other per- son to be approved and appointed as aforesaid; but, if such minor shall fail to make a choice of a person approved of by such court who will accept and qualify, such court may appoint such person as it may deem advisable. 1918. S 4864 Sec. 4798. Appoinimenl of guardian for minor's estate. When a minor is entitled to estate the court of probate for the district in which such minor resides may assign a time and place for a hear- ing on the appointment of a guardian of the estate of such minor, and shall cause the same notice thereof to be given to the parents or guardian of the person of such minor as provided in section 4794 as to hearings on the removal of the parent, subject to the waiver of notice as provided therein, and shall also notify such minor to be present at the same time and place if he is fourteen years of age or over; and, if such court shall find that there is no guardian of the estate of such minor, it may appoint one of the parents or the guardian of the person of such minor to be guar- dian of his estate. If neither parent nor such guardian of the per- son of such minor will accept such appointment, or if the parents or guardian of the person of such child are not proper persons to act as guardian of his estate, then such court may appoint any pro- per person chosen by such minor if such minor be fourteen years of age or over; but, if such minor shall neglect to make choice or fail to choose a proper person or be not of sufficient age, the court of probate shall appoint some proper person, who, as guardian of the estate of such minor, shall have charge of all estate of such minor, whether acquired thereafter or theretofore, but shall have no control over his person; and, when a female infant having a guardian shall marry and shall own or thereafter acquire property, the guardianship as to such property shall continue during her minority. 1918, S. 4865 See Sec. 1808 Sec. 4799. Only guardian of estate to receive or use minor's property. No parent of minor child, guardian of the person of a child or husband of a minor wife, shall receive or use any property belonging to such child or wife to an amount exceeding one hun- dred dollars in value unless appointed guardian of the estate of such minor. Sec. 4797. If person chosen Is suitable, count must approve. 75 C. 311. So where minor chooses bank. 94 C. 652. Cited. 97 C. 443. See note to Sec. 4794. Sec. 4798. Must be appointment of guardian of estate If minor is to be paid a sum in excess of one hundred dollars. 99 C. 179. Cited 94 C. 649; 100 C. 55. Sec. 4799. Delivery of money to mother is not payment to child. 99 C. 179 Subject to guardianship of estate, a minor child is entitled to immediate pos- session of full amount recovered as damages for personal injuries. 100 C. 55 This statute does not apply to an award for the support of a minor child. 121 C. 504. 1918. S, 4866 44 SOCIAL WELFARE LAWS OF CONNECTICUT 19X8. S 4867 Sec. 4800. Bond lo be filed by guardian. No appointment of a guardian of the estate of any minor shall take effect until the person appointed shall have filed in the court of probate making the appointment a bond as provided in section 4787. 1918. S 4868 Sec. 4801. Guardian of non-residenl minor. When a minor residing without this state and having no guardian within this state shall own estate in this state, the court of probate for the district in which such estate or any part thei’eof may be may ap- point a guardian of such minor who shall have the charge and management of such estate. 1918 S 4869 Sec. 4802. Tesiamentary guardian. The surviving parent of any minor may by will appoint a guardian of such minor and the person so appointed shall, on giving a probate bond, have the same power over the person and estate of such minor as guardians appointed by the court of probate; but no such appointments shall supersede the appointment of a guardian theretofore made by the court of probate having jurisdiction. The ward of a testamentary guai’dian, however, may when of legal age for choosing a guardian, choose a guardian of his person to supersede such testamentary guardian; and the guardian so chosen when approved by the court of probate of the district whei’ein such ward resides, upon giving a sufficient bond, shall be the guardian of the person ol such ward; taut, when the custody of any child shall have been committed to either parent by the superior court, such parent alone shall have the power of appointing a guardian as aforesaid, who shall receive such trust subject to the control of the court of probate as hereinbefore specified and also subject to the provi - sions and restrictions to which such trust was subject in the hands of such parent at the time of his decease. 1918. S 4872 Sec. 4803. Lease of minor's real estate. The guardian of any minor may lease real estate of his ward upon such terms and for such length of time, not extending beyond the minority of the ward, as the probate court of the district in this state by which such guardian was appointed, upon application and due hearing, after public notice, shall approve. 1918. S. 4873 Sec. 4804. Inventory of ward's property. Each guardian ap- pointed by a court of probate shall return to the court appoint- ing or approving him, within two months after the acceptance by such guardian of such trust, an inventory under oath of all the property belonging to his ward, if any there be. Any guardian who shall not return such inventory to such court within said time shall be fined not more than twenty dollars. 19X8,S. 4874 1919,C. 47 1921, C. 125 1939.S 1286e 1941 Sec. 4805 as amended by Sec. 1286e and Sec. 688f. Guardian ad lifem for minor in probate proceedings. When, in any proceed- ing before a court of probate or the superior court, whether acting upon an appeal from probate or otherwise, it shall appear that one or more persons as individuals, or as members of a designated class or otherwise, have or may have an interest in such proceed- ing, and that one or more of such persons are minors, incompetent persons or persons undetermined or unborn at the time of such proceeding, *** the court may appoint a guardian ad litem for any of such minors, incompetent, undetermined or unborn persons, or Sec. 4801. Guardian appointed under this section has no title to ward’s property. 76 C. 430. Sec. 4805. Only appointed in behalf of infant respondents. 30 C. 285 Recognition of attorney representing infants as guardian ad iltem held, under facts, equivalent to appointment. 93 C. 595. Court refused to decide whether decision would be binding upon persons subsequently bom who might claim an interest in the estate. 129 C., 391, 392. SOCIAL WELFARE LAWS OF CONNECTICUT 45 may appoint one guardian ad litem for two or more of such minors, incompetent, undetermined or unborn persons. Any order or decree passed or action taken in any such proceeding shall af- fect all such minors, incompetent persons or persons thereafter born or determined for whom such guardian ad litem has been ap- pointed, in the same manner as if they had been of full age and present in court after legal notice at the time of such action or the passing of such order or decree. Any appointment of a guar- dian ad litem may be made with or without notice, and, if it shall appear to such court that it is for the best interests of a minor having a parent or guardian to have as guardian ad litem some person other than such parent or guardian, such court may appoint some disinterested person to be such guardian ad litem. When such appointment shall be made in connection with the settlement of the estate of a deceased person, or the settlement of the ac- count of a trustee or other fiduciary, the pei’son so appointed shall be authorized to represent such minor, incompetent, undetermined or unborn person in all proceedings for the settlement of such es- tate or such account and subsequent accounts ol such trustee or other fiduciary, or until his appointment be terminated by death, resignation or removal. Such guardian may be removed by the court which appointed him, without notice, whenever it shall ap- pear to such court to be for the best interests of the ward or wards of such guardian. Any guardian at litem appointed under the pro- visions of this section may be allowed reasonable compensation by the court appointing him and the same shall be paid as a part of tne expenses of administration. Sec. 4806. Removal by foreign guardian of ward's personal property. When any personal property in the state belongs to any person residing out of this state who has a guardian, trustee or other legal custodian of his estate, appointed under the laws of the place of his residence, such custodian may apply in writing to the court of probate of the district in which the principal part of such estate in this state is, alleging that he has been legally ap- pointed such custodian in the jurisdiction in which the person to whom such estate belongs resides, that he has given bond and se- curity therein in an amount double the value of all the estate of such person and that a removal of such estate from this state will not conflict with the terms and limitations by which such person owns it. If such court shall find such allegations true and the applicant shall file in such court for record an exemplified copy of the record of the court by which he was appointed, it may, after a hearing upon such application, upon such notice as it shall order to the person having such in his custody and to the owner there- of, and after due proof that all known debts chargeable against it and contracted in this state have been paid or satisfied, appoint such applicant to be guardian, conservator or trustee of such es- tate without further bond and authorize the person having such estate in his custody to deliver it to such applicant, who may de- mand, sue for and recover it and remove it from this state. 1918, S. 4875 3ee Sec. 1838 Sec. 4807. Removal by foreign guardian of proceeds of sale of ward's real estate. Whenever any foreign guardian of a minor also residing without this state has obtained or shall obtain an order to sell real estate of such minor situated in this state from any court of probate in this state having jurisdiction and has given bond as provided by law, the court of probate granting such order may, upon like application and like proceedings had as specified in sec- 1918, S. 487* Sec. 4806. Scope of section: property may be turned over without order of court: liability of surety on bond in this state where property not turned over. 75 C. 414: 80 C. 119. 46 SOCIAL WELFARE LAWS OF CONNECTICUT tion 4806, authorize such foreign guardian to receive the’ proceeds of the sale of such real estate sold under order and to' remove same out of this state into the jurisdiction in which such guardian and his ward reside, and such guardian and his surety shall there- upon be discharged from all liability on such bond. 1918. S. 4877 Sec. 4808, Guardians of minors may make partition. When any minors shall be interested in any real estate as tenant in com- mon with any other person, the guardian of such minor may, by instrument in writing execute as deeds of land are executed, make partition of such real estate with the other parties in interest, but no such deed of partition shall be valid until the approval of the court of probate having jurisdiction of the estate of such minor shall be indorsed thereon; and such deed of partition and the approval of the court of probate shall be recorded in the land re- cords of the town or towns where the land is situated. ADOPTION 1943 Sec. 648g. Adoption of children. Any of the following-named persons may, by written agreement, subject to the approval of the court of probate as hereinafter provided, give in adoption to any person any minor child in his charge as herein set forth:. The par- ents or guardian of the person of any child under the age of four- teen years, the selectmen of any town having in charge any found- ling child, the mother of any child born out of wedlock, the par- ents or guardian of any minor child over fourteen years of age with his written consent, the board of managers of any child-car- ing institution or organization or any children’s home or similar institution incorporated by act of the general assembly or organ- ized under the provisions of the general statutes relating to cor- porations without capital stock, whose objects and purposes are charitable and which holds a license from the commissioner of welfare, by its secretary and with the written consent of the par- ents, if any, of any minor inmate of such institution, and of such minor if over fourteen years of age, the commissioner of welfare or the board of management of any temporary home for depend- ent and neglected children having the custody of any minor com- mitted thereto, by its chairman or secretary, with the consent of any such minor more than fourteen years of age. 1943 Sec. 649g. Application and agreement of adoption. Investiga- tion and report by Commissioner of Welfare. Hearings and de- crees. Each adoption matter shall be instituted by filing an ap- plication in a probate court, together with the written agreement of adoption, in duplicate. The application shall be signed by one or more of the parties to the agreement.. The application and the agreement of adoption in case the minor is an inmate of a child- caring institution, children’s home or similar institution or organ- ization or any temporary home for dependent and neglected chil- dren, shall be filed, in the court of probate, for the district where such’ institution is located and in all other cases the application and the agreement of adoption shall be filed in the court of pro- bate for the district where the natural parent or guardian of the person of the child or the adopting parent resides. One of such duplicates shall be sent forthwith to the commissioner of welfare. The court of probate shall request the commissioner of welfare or one of the organizations or institutions specified in the preceding SOCIAL WELFARE LAWS OF CONNECTICUT 47 section to make an investigation and written report to it, in dupli- cate, within thirty days from the receipt of such request. The report shall indicate the physical and mental status of the child and shall contain such facts as may be relevant to determine whether the proposed adoption will be for the welfare of the child, including the physical, mental, social and financial condi- tion of the parties to the agreement and the natural parents of the child, if known. The religious affiliations of the child, the parties to the agreement and the natural parents of the child, if known, shall also be included in the report. Upon receipt of such report the probate court shall set a day for a hearing upon the agreement and shall give reasonable notice thereof to the parties to the agree- ment and to the child, if over fourteen years of age. At the first hearing the court of probate may deny the application or it may order a further investigation and written report to be filed, in duplicate, within such time as it shall direct, one copy of which shall be sent to the commissioner of welfare, and may adjourn the hearing to a day subsequent to that fixed for filing the report. Any such report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject himself to examina- tion. The court of probate, if satisfied that the proposed adop- tion will be for the best interest of the child, may enter an inter- locutory decree approving the adoption until the matter is finally determined, and shall designate a day not less than twelve months nor more than thirteen months thereafter when the matter of finally approving the adoption will be heard. At such hearing, the court of probate, if satisfied that such adoption should be final- ly approved, shall enter its decree to that effect, or it may con- tinue the matter for further investigation in accordance with the procedure hereinbefore provided. The interlocutory decree shall not be set aside without sound cause which shall be duly specified and entered into the record. The court of probate may enter a final decree approving the adoption at the first hearing, if it is sat- isfied that such adoption is for the best interest of the child. At any time during the period when the interlocutory decree is in force the court of probate on application of any party to the agreement or the commissioner of welfare and after a hearing reasonable notice of which shall be given to the parties to the agreement, to the commissioner of welfare and to the child, if over fourteen years of age, may enter a final decree approving the adoption; and on like application and notice the court of probate may at any time during said period set aside the interlocutory de- cree. The court of probate shall ascertain as far as possible the date of birth and the place of birth of the child and shall incor- porate such facts in the final decree. Sec. 650g. Records fo be confidential. The state of Connecti- cut shall furnish each court of probate with an index and a book in which shall be recorded only applications, agreements and de- crees in adoption matters. Such court shall also maintain files which shall be used for the filing of sealed envelopes, each of which shall contain all the papers filed in court in respect to an adoption. Said envelopes shall be marked only with the words “Adoption Matter” and the names of the adopting parents and the name borne by the minor before the adoption. No person other than the adopting parents or the child, if over twenty-one years of age, shall have access to said envelopes on file except upon or- der of the court of probate rendering the decree or any other court of competent jurisdiction. See penalty following under Sec. 89g. 1943 48 SOCIAL WELFARE LAWS OF CONNECTICUT 5943 Sec. 651g. Husband and wife io join in adoption. No married person shall adopt a child unless both husband and wife join in the adoption agreement, except that the court of probate may ap- prove an adoption agreement by either of them upon finding that there is sufficient reason wh}"- the other should not join therein. When one of the parents of a minor child has died and the sur- viving parent has remarried, or when the mother of a child born out of wedlock has married, or when a single person has adopted a minor child and thereafter marries, the person with whom such remarriage or marriage is contracted may, at any time before such child arrives at full age, become an adopting parent of such child, upon filing a written declaration, in duplicate, of his desire to adopt or join in the adoption of such child, in the court of pro- bate for the district within which such child resides and upon the approval by the court of the adoption or joinder in the adoption in accordance with the procedure hereinbefore provided for the ap- proval of an agreement of adoption. When a married person prior to July 1, 1886, had legally adopted any child and the husband or wife of such person did not originally join in such adoption, but such husband or wife afterwards became an adopting parent with the approval of the court of probate for the district in which the original agreement of adoption was approved, during the minority of such child and while the original agreement of adoption and the decree of the court approving it remained in full force, by lodging for record with such court a written declaration of an intention to adopt such child, signed by both husband and wife, the rela- tionship of parent and child so established shall remain in effect, and such child shall have the rights of inheritance hereinafter pro- vided for. iMo Sec. 652g, Inheritance by and from adopted children. The rights of inheritance by and from an adopted child shall be as hereinafter set forth and such rights shall become operative upon the entry of a final decree approving the adoption. An adopted child shall inherit estate from his adopting parent or parents ci their relatives as though he were the natural child of such parent or parents and he shall not inherit estate from his natural parents or their relatives. The adopting parent or parents or their rela- tives shall inherit the estate of an adopted child in case he shall die intestate as if they had been his natural parents and the natur- al parents or their relatives shall not inherit from him. 1S43, S. 89g J945 Sec. 89g. New statute Sec. 75h. Birth certificates of adopted persons. When the adopting parent or parents of any person born in this state and adopted pursuant to the provisions of the laws of this state or of any other state file with the state department of health a certified copy of the decree of the court in the adoption proceedings, said department shall immediately give written no- tice of the filing of such certified copy to the registrar of vital statistics of each town in this state in which the birth of the adopt- ed person is recorded. The birth certificate of the adopted person shall include all the information required to be t-et forth in a cer- tificate of birth of this state as of the date of birth, except that the adopting parents shall be named as the parents instead of the natural parents, but no person except the adopting parent or par - ents or the adopted person, if then of full age, shall have access to such certificate from said department or such registrar unless the person desiring to examine the birth record or applying for a copy of a birth certificate first obtains and delivers to said de- partment or such registrar a written order, signed by the judge of the probate court for the district in which the adopted person was born, stating that he is of the opinion that the examination of the '■ SOCIAL WELFARE LAWS OF CONNECTICUT 49 birth record of the adopted person by the person wishing to ex- amine the same or that the issuance of a copy of such birth certi- ficate to the person applying therefor will not be detrimental to the public interest or to the welfare of the adopted person or to the welfare of the adopting parent or parents. Such certificate shall be attached to the certificate of birth on file and both shall be placed in a sealed envelope and shall be filed in a separate file from the usual certificate and indexed, under such regulations as the state department of health may make to carry out the pro- visions of this section and to prevent access to the records of birth and adoption and the information therein contained without due cause, except as herein provided. Any person, except such par- ents or child, who discloses any information contained in such re- cords, except as herein provided, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. Sec. 50lg. Methods of recording vital statistics. The state de- partment of health is authorized to make such changes in the method provided in sections 2384 and 2386 of the general statutes or in any other existing method of recording, preserving or index- ing vital statistics in this state, and to prepare such forms and make such regulations as it shall deem necessary to insure the carrying out of the provisions of this act by the registrars of vital statistics and by the bureau of vital statistics of said department. Section 2387 of the general statutes shall not apply to registrars of vital statistics complying with such changes and regulations, provided such registrars shall have complied in all other respects with the provisions of the statutes to which said section 2387 is applicable. Sec. 75h and 650g. Penalty. Any person, except the adopting parents or the adopted child, who discloses any information con- tained in the papers or records of the probate court or of the registrar of vital statistics, concerning an adoption, except as here- in provided, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. Sec. 654g. Change of name of adopted persons. Any court of probate, as part of its approval of any agreement of adoption or declaration of an intention to adopt, may change the name of the person adopted, as requested by the adopting parent or parents; and any change of name heretofore prescribed by such court is validated and confirmed. Sec. 4813. Adoption of adults. Any person of full age may, by written agreement with another person of full age, younger than himself, unless such other person is his or her wife, husband, brother, sister, uncle or aunt of the whole or half blood, adopt such other person as his child/ provided such written agreement be approved by the court of probate for the district in which the adopting parent resides or, if such adopting parent is not an in- habitant of this state, for the district in which such adopted per- son resides. Such court of probate shall, upon presentation of such agreement of adoption for approval, cause public notice to be given of the time and place of hearing thereon, and, if on such hearing the court shall find that it will be for the welfare of such adopted person and for the public interest that such agreement be approved, it may pass an order of approval thereof and cause such agreement and such order to be recorded, and thereupon such adopted person shall become the legal child of the adopting per- son, and such adopting person shall become the legal parent Sec. 4813. Written agreement may be supplemented by oral agreement as to property settlement. 96 C. 478. i ,7~ 1943 1943 1943 1918. S 4882 50 SOCIAL WELFARE LAWS OF CONNECTICUT ol such adopted person, with all the reciprocal rights and duties of a natural parent and child. If the adopting parent shall have living a husband or wife who shall be competent to join in the agreement of adoption, such husband or wife shall join therein, and, upon the approval of such agreement, the adopted person shall be in law the child of both. Such adopted person, by virtue of such adoption, shall inherit estate from his adopting parent or parents, or the relatives of such adopting parent or parents, as though such adopted person were the natural child of such adopt- ing parent or parents, and shall not inherit the estate from his natural parents or relatives; and, in case of the death of such adopted person intestate, the adopting parent or parents and the relatives of the adopting parent or parents shall inherit the estate of such adopted person in the same manner as they would inherit the same had the adopted person been the natural child of such adopting parent or parents. When one of the natural parents of an adult shall have died and the surviving parent shall remarry, the person with whom the remarriage shall be solemnized may become an adopting parent without the natural parent joining in such adoption except to consent in, writing and upon the approval of such court, such adopted person shall be in law the child of both and shall inherit estate from both such parents, or the rela- tive of both such natural and adopting parents, but shall not in- herit estate from the relatives of the parent who died prior to such adoption, and, in case of the death of such adopted person in- testate, the adopting parent and the natural parent who at the time of such adoption was married to the adopting parent, and the relatives of such parents, shall inherit the estate of such adopted person in the same manner, as they would inherit the same had the adopted person been the natural child of both such adopting par- ent and such natural parent, and the relatives of the deceased natural parent, who are not relatives of the surviving natural par- ent, shall not inherit such estate. Sec. 4814. Husband or wife of adopted adult to consent. No agreement of adoption between persons of full age shall be ap- proved without the written consent of the husband or wife, if any, of the adopted person. Sec. 4880. Implied and express revocation of will. If, after the making of a will, the testator shall marry or a child shall be born to the testator or minor child shall be legally adopted by him, and no provision shall have been made in such will for such con- tingency, such marriage, birth or adoption of a minor child shall operate as a revocation of such will. No will or codicil shall be revoked in any other manner except by burning, canceling, tear- ing or obliterating it by the testator or by some person in his presence by his direction, or by a later will or codicil. Sec. 4980. Order of distribution. After distribution shall have been made to the husband or wife of the intestate of such portion or share of the estate of the intestate as such husband or wife is Sec. 4980. Deed with, merely nominal consideration presumed to be ad- vancement. 3 C 34. Illegitimate child inherits from mother. 5 C. 232. Ad- vancement by unauthorized agent inoperative. 6 C. 311. Gifts are presumed to be advancements. 6 C. 360; but see 20 C. 326. Advancements ore to be brought in and made subject of distribution. 7 C. 5; see 64 C. 419. Intent governs as to whether property is gift, advancement, or partly each. 16 C. 388: 20 C. 327. Specific legacies not advancements. 17 C. 545. Gift cannot be sub- sequently changed to advancement. 23 C. 521. Widow’s share in personal es- tate vests instanter on death of husband. 26 C. 352. Cited 65 C. 89; 69 C. 625; 72 C. 154; 74. C. 131. This section legitimatizes children bom before marriage for all purposes. 69 C. 303 : 90 C. 168. Illegitimate children may inherit from mother. 88 C. 270. Intention determines, between loan and advancement: lat- ter can be converted into former only by consent. 79 C. 365. Advancement not chargeable against widow’s third. 64 C. 419. State where land lies de- termines as to its transmission by inheritance. 178 IT. S. 186. 1938. 6 4883 1918, S. 4948 1927,C. 227 1918, 6, 5061 1929, C, 58. S. 18 See Secs. 5156, 5158. 5171 SOCIAL WELFARE LAWS OF CONNECTICUT 51 entitled to by law, all the residue of the real and personal estate shall be distributed in equal proportions, according to its value at the time of distribution, among the children and the legal repre- sentatives of any of them who may be dead, except that children or other descendants who shall receive estate by advancement of the intestate in his life-time shall themselves or their representa- tives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made. Children born before marriage whose parents afterwards inter- marry shall be deemed legitimate and inherit equally with other children. Baslardy Proceedings Sec. 2030. Support; when and how furnished by creditor. Ex- ception. No jailer shall be required to receive into his custody any prisoner committed to jail on civil process unless the plaintiff in such process shall deposit with such jailer, at the time of such commitment, money for the support of such prisoner for one week at least at the rate established for his weekly maintenance, and thereafter at the same rate weekly in advance, so long as such prisoner shall remain in the custody of such jailer; and such jail- er shall not be required to retain such prisoner beyond the time for which such maintenance shall have been paid, provided the payment of such board shall not be required while such prisoner is at large within the jail limits. The provisions of this section shall not apply to commitments on mesne or final process in bas- tardy cases, nor to commitments under the terms of judgment or decree. 1918, S. 1983. 1984 Sec. 5867 as amended by Sec. 1418e and Sec. 855f. Bastardy complaint by mother. Any woman pregnant with or who has been delivered of a child out of lawful wedlock, upon filing with a commissioner of the superior court the certificate of a reputable physician certifying that after personal examination of the person of the complainant such physician believes that the complainant is pregnant or has been delivered of a child, may complain on oath to such commissioner of the superior court against the person she charges with being the father of such child, and such commissioner of the superior court shall thereupon issue a warrant and cause- such person to be brought before some proper authority, provided. Sec. 2030. The law has since 1810 cast the support of the debtor upon the creditor: money paid therefor is added as costs on the execution. 49 C. 87. Sec. 5867. This is not a criminal proceeding. 2. C. 360; 53 C. 525 ; 85 C. 327. The justice may adjourn the hearing and require the defendant to give bonds for appearance at the adjourned day. 32 C. 222, 223: 105 C. 389. The justice may belong to the town interested. 1 D. 278. Suit by a woman under age; 2 C. 360; by husband and wife. 1 R. 230. Refusal to give bond on binding over is not a forfeiture of recognizance to appear and abide the order of the lower court. 51 C. 497. Higher court can acquire jurisdiction only by a bind- ing over. 53 C. 526. Presence of defendant not essential to the jurisdiction of the higher court. 53 C. 527. Jurisdiction of higher court not affected by fail- ure of justice to commit the defendant for want of bond. 53 C. 526. Bond by putative father for support of child held valid. 54 C. 419. Defective complaint held to have been waived. 58 C. 286, 287. What declarations are and what are not admissible; other evidence. 47 C. 186; 58 C. 287-292; 67 C. 339; 78 C. 65; 79 C. 97: 81 C. 7. Nature of proceedings. 68 C. 47. Statute must be strictly followed: arrest by indifferent person void; so arrest of one brought wrongfully into jurisdiction. 85 C. 327. Allegation that reputable physician certified that complainant was pregnant not required: allegations held sufficient. 93 C. 322. Bond may be ordered to Insure defendant’s attendance at adjourned sessions of the Justice court: sole issue before justice is question of probable cause. 105 C. 389, 390, 128 C. 316. 1918, S. 6006 1927, C. 244. S.l 1930 1937, S. 849d 1941 52 SOCIAL WELFARE LAWS OF CONNECTICUT in all towns in which there is a town, city, borough or police court having civil jurisdiction, such court shall have the same authority that is or may be exercised by justices of the peace in such town. If the court shall find probable cause, or, in the event of the court failure to find probable cause and the plaintiff appealing as hereinafter provided, it shall order such accused person to be- come bound to the complainant with surety to appear before the next court of common pleas for the county in which the complain- ant shall dwell, and abide the order of such court, and, on his failure to do so, shall commit him to jail; but, if the complainant shall dwell in New Haven county, within the judicial district of Waterbury, the accused shall be bound in like manner to appear before the next court of common pleas for said district. If the court shall fail to find probable cause, such finding shall be a bar to any further proceeding for the same cause of action, provided the complainant, upon complying with the provisions of section 5442. shall be allowed to appeal to the court to which the defendant might have been bound over if probable cause had been found. 1918, S. 6007 Sec. 5868. Continuance of case: evidence. Such court may order the continuance of such case, and the renewal of such bond, if necessary; and, if such woman shall continue constant in her accusation, it shall be evidence that such accused person is the father of such child. 1918, S. 6008 1927, C. 244, S3 Sec. 5869. Judgment and order of court. If the defendant shall be found guilty, the court shall order him to stand charged with the maintenance of such child, with the assistance of the mother, and to pay a certain sum weekly, for such time as the court shall judge proper, and order that the clerk of the court shall issue execution for the same monthly; and the court shah ascertain the expense of lying-in and of nursing the child until the time of rendering judgment, and order him to pay half thereof to the complainant, and shall grant execution for the same and costs of suit; and may require him to become bound with sufficient surety to perform such orders for maintenance and the expense of lying-in and nursing and to indemnify the town chargeable with the support of such child from any expense for its maintenance, and, if he shall fail to comply with any such order, may commit him to jail, there to remain until he shall comply therewith; but, if it shall appear that the mother does not apply the weekly al- lowance paid by him toward the support of such child, and that such child is chargeable, or likely to become chargeable, to the Sec. 5868. There can be no trial till the child is born. 1 R. 345. Discharge by mother. Ib.t 320. The mother, if plaintiff, must be put to the discovery at the time of her travail, if possible. 2 B. 492; 1 R 107. And must be examined, though the defendant does not appear. 1 R. 345. Cross-examination of the defendant. 28 C. 313. 314. It is not a prerequisite to a suit by the mother that she should have been put to discovery in the time of her travail. 43 C. 484; 47 C. 186; 81 C. 7: 93 C. 320; 108 C. 673. Proof of constancy in accusations not necessary to make out prima facie case; statute merely makes constancy of accusation competent evidence. 93 C. 320; 108 C. 673. If accusations are constant, a prima facie case is made out by the plaintiff; and this is rebutta- ble only by evidence other than the defendant’s own testimony. Id., 674. Ch. 304. In this state, bastardy proceedings are civil and not criminal in their nature and the general rules respecting civil actions are applicable to them. 118 C. 306. Sec. 5869. Form of finding and judgment. 2 C. 157: 3 C. 585 ; 5 C. 426. “Maintenance” defined. 2 C. 157; 4 C. 566 ; 567. Form of bond. 2 R. 497; 1 B. 230. Burial expenses of the child do not fall within “lying-in or nursing” expenses. 67 C. 345. Amount and duration of weekly payments rest in discretion of court. 93 C. 324; requiring payments until child is fourteen held reasonable. Ibid. Judgment for defendant in bastardy action held a bar to subsequent action for seduction brought by father of original plaintiff. 104 C. 587, 592. Surety not liable on bond unless mittimus for committal of the accused to jail be Issued for, until this is done, no basis for conclusion that condition of recognizance has been broken. 128 C. 313-322. SOCIAL WELFARE LAWS OF CONNECTICUT 53 town where it belongs, the court, on application, may discontinue such allowance to the mother, and may direct it to be paid to the selectmen of such town, for such support, and may issue execution in their favor for the same. The clerk of the court which shall have rendered judgment for the payment of money for the main- tenance of any child under the provisions of this section shall, within twenty-four hours after such judgment shall have been ren- dered, notify the selectmen of the town where the child belongs; and such selectmen shall have general supervision of the welfare of such child during the continuance of such order. Sec. 5870. Settlement of bastardy case; what consent essen- tial. No complaint shall be withdrawn, dismissed or settled by agreement of the mother and the putative father of any bastard child, without the consent of the selectmen of the town in which such mother has her settlement or residence, or the consent of her parent or guardian, unless provision shall be made to the satis- faction of the court to relieve such parent, guardian or town from all expense that has accrued, or may accrue, for the maintenance of such child and for the cost of complaint and prosecution there- of. No settlement made by the mother and father, or the guardian of the mother or father, before or after such complaint shall have been made, without the approval of the selectmen of the town chargeable with the support of such bastard child, shall relieve the father from liability to such town for such child’s support. 1918, S. 60'» Sec. 5871. Town may maintain bastardy suit, when. The town interested in the support of a bastard child, when sufficient security shall not be offered to indemnity it against all expense for its support, may, if the mother shall neglect to bring such a suit, institute a suit against the person accused of begetting such child, and may take up and pursue any suit commenced by the • mother for the maintenance of such child, in case she shall fail to prosecute to final judgment; and any bond given by the defend- ant in such case to the complainant shall have the same effect as if given to such town; and, if the defendant shall be found guilty, the court shall make an order that he shall give a bond with suf- cient surety to such town, to indemnify it against all expense for the maintenance of such child, and pay the costs of prosecution: and, on failure to comply with such order, may commit him to jail there to remain until he shall comply therewith. 1918. S 801(1 Sec. 5872. Baslardy suil may be compromised by seleclmen. When any town shall have brought a suit under section 5871, the selectmen of such town may compromise such suit on receipt of a fixed sum, or of security for the payment thereof for the benefit of the town, instead of prosecuting the same to final judgment. 1913, s. non Sec. 5873. Conlinued liability of one committed for bastardy. No person committed to jail for failure to comply with an order of the court as provided in sections 5867, 5868, 5869 and 5871, or any of them, shall be entitled to any of the privileges allowed other prisoners on civil process, or to take the oath provided for poor debtors, within six months from the date of such commitment, but 1918,S. 6012 Sec. 5870. Promise not to bring suit is a good consideration. 68 C. 48. Sec. 5871. Proof that the mother was examined in her travail, unneces- sary, if selectmen sue. 1 D. 278. Her testimony also unnecessary. 6 C. 44. Necessary averments in declaration. 6 C. 44; 5 C. 424; 7 C. 289. The suit may be commenced by forthwith process. 7 C. 289. Only one selectman need swear to the complaint. 6 C. 44. The judgment cannot be for a weekly sum. 28 C. 444. Town chargeable with child’s support not necessary party to bastardy action by mother. Bond should provide indemnity to town for expenses of maintenance; town could sue on it as third party beneficiary. 128 C. 313, 322. Sec. 5873. 128 C. 319. 54 SOCIAL WELFARE LAWS OF CONNECTICUT shall be kept at hard labor during such six months; and the moth- er of such bastard child, or the town chargeable with its support, may, at any time after the liberation of such prisoner, or after his taking said oath, recover the sum or sums, due from him in pur- suance of such order of court. 1918. S 6013 Sec. 5874. Support of defendant while imprisoned- The com- plainant shall not be required to pay or give security for the sup- port of the defendant during his confinement in jail, nor shall such- defendant be discharged from imprisonment by reason of payment or security not being made or given for his support, but the jailer shall furnish such support and may recover the cost of the same from such defendant, or, in case of his inability to pay such cost, from the town where he shall belong; and, in case he shall belong to no town in this state, such cost shall be paid by the state. 1918.S 6014 Sec. 5875. Evidence of good character admissible. Evidence of the good character of the accused for morality and decency, prior to the alleged commission of the offense, shall be admissible in his favor in bastardly proceedings, and may be rebutted by evi- dence showing a contrary character at such time. 1918, S. 6015 Sec. 5876. Either party may demand jury trial. In any pro- secution under the provisions of this chapter, the trial of the ques- tion of fact as to the guilt or innocennce of the defendant shall, at the desire of either party, be by jury. 1918.S. 6180 Sec. 6012. Bastardy complaint to be brought within three years. No complaint of bastardy shall be brought after three year? from the birth of the bastard. Criminal Offenses ]

or imprisonment for more than one year shall be deemed a felony, and any other crime, unless designated a fel- ony by statute, shall be deemed a misdemeanor. 1918. S. 6203 Sec. 6059. Abandonment of child under the age of six years. Any person having the charge of any child under the age of six years who shall expose it in any place, with intent wholly to aban- don it, shall be fined not more than five hundred dollars and im- prisoned not more than five years. 1918. S. 6204 Sec. 6060. Taking or enticing away a child. Any person who shall wilfully take or entice away any child under the age of twelve years with intent to detain or conceal it from the person having its lawful charge or custody shall be fined not more than five hundred dollars and imprisoned not more than five years. ms, S. 6205 1921, C. 81 1927. C 129 1943 Sec. G061 as amended by Sec. 732g. Cruelty to persons. Any person who shall torture, torment, cruelly or unlawfully punish or wilfully or negligently deprive any pei'son of necessary food, cloth- ing, shelter or proper physical care; and any person who, having the control and custody of any child under the age of sixteen years, in any capacity whatsoever, shall maltreat, torture, over- Sec. 5874. 128 C. 319. Sec. 5876. Usual rules as to claiming case apply. 73 C. 248. Sec. 6061. Justice of the peace can take final jurisdiction of an offense against the provisions of this section as the maximum sentence which could be imposed is a year in jail and could not be to the State Prison. 115 C. 601 602 , 603, SOCIAL WELFARE LAWS OF CONNECTICUT 55 work, cruelly or unlawfully punish or wilfully or negligently de- prive such child of necessary food, clothing or shelter, shall be fin- ed not more than five hundred dollars or imprisoned not more than one year or both. Sec. 733g. Injury or risk of injury to children. Any person who shall wilfully or unlawfully cause or permit any child under the age of sixteen years to be placed in such a situation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired, or shall do any act likely to im- pair the health or morals of any such child shall be fined not more than five hundred dollars or imprisoned not more than ten years or both. 1943 Sec. 734g. Psychiatric examinations. The court may order any person convicted under section 732g or 733g to be examined by one or more competent psychiatrists. 1943 Sec. 6062. Abduction of child by either parent. Whenever the parents of a minor child shall be living apart, either parent who shall decoy or forcibly take such child from the possession of the other with intent to remove it from the state, or having so obtain- ed possession of such child, shall remove it from the state, shall be fined not more than five hundred dollars or imprisoned not more than three years. 1918. S. 6296 Sec. 6063 as amended by Sec. 1434e. Kidnapping. Any per- son who shall kidnap or fraudulently decoy any person into or out of this state, or who shall, maliciously and without lawful author- ity, arrest or imprison any person with intent to have him carried cut of this state or in any way detained against his will, and any person who shall fraudulently or forcibly restrain any person of his liberty, for revenge or with intent to demand a ransom, re- ward, concession or other valuable thing for his release, or who, with such intent, shall use any force or violence or threaten to harm or injure such person, or to fraudulently or forcibly restrain him of his liberty, shall, if death result to the person so kidnapped cr restrained of his liberty, be subject to the penalties provided by the general statutes for the crime of murder, and proof of wilful, deliberate and premediated killing or of a specific intent to kill in such case shall not be required of the state. If death shall not result to the person so kidnapped or restrained of his liberty, the person convicted of such crime shall be imprisoned in the State Prison not more than fifty years. Any person who shall conspire with another to violate any of the provisions of this section shall be imprisoned in the State Prison not more than thirty years. 1918, S. 6207 1937, S. 853cl Sec. 6064. Unlawful exhibition or employment of child. Any pei’son who shall exhibit, use, employ, apprentice, give away, let out or otherwise dispose of any child under the age of sixteen years, in or for the vocation, occupation, service or purpose of rope or wire walking, dancing, skating, bicycling or peddling, or as a gymnast, contortionist, rider or acrobat, in any place or for any obscene, indecent or immoral purpose, exhibition or practice or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or shall cause, pro- cure or encourage any such child to engage therein, shall be fined not more than two hundred and fifty dollars or imprisoned not more than one year or both. 1918,S. 6208 Sec. 6225. Seduction of minor female. Any person who shall seduce and commit fornication with any minor female, or who shall entice or take away from her parent, guardian or residence. 1918, S. 6378 Sec. 6225. Definition of seduction. 27 C. 320; 76 C. 136, 56 SOCIAL WELFARE LAWS OF CONNECTICUT for such purpose or for the purpose of concubinage, shall be im- prisoned not more than five years and fined not more than one thousand dollars. 1918, S. 6380 Sec. 6228. Parent or guardian consenting. Any parent, guar- dian or other person having the custody or control of any female under the age of twenty-one years, who shall consent to her being used, taken or detained by any person for the purpose of prosti- tution or sexual intercourse, shall be fined not more than one thou- sand dollars or imprisoned not more than one year or both. 1918, S. 6389 Sec. 6237. Secret delivery of a bastard. Any woman who shall conceal her pregnancy and shall willingly be delivered in secret by herself of any bastard child shall be fined not more than one hundred and fifty dollars or imprisoned not more than three months. 1918.S. 6390 Sec. 6238. Concealment of birth of bastard. Any woman who shall endeavor to conceal the birth of any such child, so that h may not come to light, shall be fined not more than three hundred dollars and imprisoned in jail not more than one year and shah become bound to the state in recognizance with surety for her good behavior. 1918, S. 6392 1923, C. 47 1943 Sec. 6240 as amended by Sec. 738g. Rape and carnal abuse of a female child. Any person who shall commit the crime of rape upon any female shall be imprisoned in the state prison not more than thirty years. Any person who shall carnally know any fe male under the age of sixteen years shall be guilty of rape and shall be fined not more than one thousand dollars or imprisoned not more than thirty years or both. No female under the age of sixteen years shall be deemed capable of consenting to an act of intercourse. 1943 Sec. 739g. Examination for venereal disease of persons accus- ed of certain crimes. The court before which is pending any case involving a violation of any provision of chapter 328 of the general statutes, shall, before the final disposition of such case, order the examination of the accused person to determine whether or not he is suffering from any venereal disease. If such examination dis- closes the presence of a venereal disease, the court may make such order with reference to the continuance of the case or the deten- tion, treatment or other disposition of such person as the public health and welfare requires. Such examination shall be conduct- ed at the expense of the state. Any person who fails to comply with any order made by any court under the provisions of this act shall be fined not more than one thousand dollars or impris- oned not more than five years or both. Sec. 6240. Evidence showing constancy in accusation admissible. 8 C. 100; 44 C. 155; 47 C. 466 ; 93 C. 321. Conviction may be had on uncorroborated testimony of a nine-year-old girl -as to principal fact. 29 C. 389. Evidence as to general good character of accused admissible. 33 C. 269. Jury must be sat- isfied that act was without consent of prosecutrix, but there is no rule of law that she should make the utmost resistance. 45 C. 264; see also 72 C. 44. Rape may be committed on child under ten years of age. 46 C. 362. Unnecessary to allege that prosecutrix was ten or more years of age. 50 C. 579. Resistance: putting in fear. 72 C. 44. Intoxication or insanity of complainant: charges by her against other men; liberality in applying rules, where only she and accused axe wtnesses. 80 C. 546. What constitutes abuse of minor: 81 C. 97; election between counts; declarations of victim; Id., 1; 93 C. 321; woman may be guilty of abuse of minor, as accessory; 82 C. 213: previous unchastity or consent no defense; cross examination of complainant. Id.. 454. Sec. 6240. When husband and wife under age of sixteen live together voluntarily, the former is not guilty of crime under this section. 113 C. 288. 294. Cited. 13*3 C. 786. 148 C. 505. 128 C. 324 (See 738g) SOCIAL WELFARE LAWS OF CONNECTICUT 57 Sec. 6242. Assault with intent to carnally know female child. Any person who shall make an assault upon the body of any fe- male under the age of sixteen years, with intent to carnally know and abuse such female, shall be imprisoned not more than ten years; and any person prosecuted for carnally knowing and abus- ing any female under the age of sixteen years may be convicted of the offense mentioned in this section. 1918. S. 6394 See Sec 6240 Sec. 6258. Causing dependency or delinquency of children. Any parent, guardian or otner person having custody of any child under sixteen years of age who shall omit to exercise reasonable diligence in the control of such child to prevent such child from becoming a juvenile delinquent or from becoming a child in need of the care and protection of the state, as defined by statute, or who shall permit such child to associate with vicious, immoral or disorderly persons, or to beg or solicit alms, or to wander about the streets of any city, town or village late at night without being engaged in any lawful business, or to furnish entertainment for gain upon the streets or in any public place, or to be an habitual truant from school, or to enter or remain within any disruptable house or place where gambling is carried on, or to enter any place where the morals of such child may be endangered or depraved or may be likely to be impaired, and any such person or any other person who knowingly shall be responsible for such conduct or conditions which may cause any child under the age of sixteen years to be adjudged a juvenile delinquent or to be in need ot the care and protection of the state, shall be fined not more than five hundred dollars or imprisoned not more than six months cr both. 1918, S. 6407 1925. C. 66 Offenses Against Public Policy Sec. 6265 as amended by Sec. 1702c. Non-support, (a) Any person who shall *** neglect or refuse to furnish reasonably neces- sary support to his wife, child, grandchild, parent or grandparent shall be deemed guilty of a felony and shall be imprisoned not more than one year, unless he shall show to the court before which the trial is had, that, owing to physical incapity or other good cause, he is unable to furnish such support. The court before which suds conviction is had may suspend the execution of any jail sentence imposed, provided the person convicted shall execute, and the court, or the clerk of such court, shall accept, a bond to the treas- urer of the city or town in which such conviction is had, with good and sufficient surety, in such amount as the court may determine, conditioned for the payment for such support *** in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for the term or not more than cne year from the date of such conviction. Such court may also suspend the execution of any jail sentence imposed, upon any other terms or conditions that it may deem just, or may suspend 1918,S. 6416 1919,C. 213 1929, C. 148 1930 1935 Sec 6265. Generally. 41 C. 433. Adultery of wife sufficient defense. 57 C 539; 100 C. 731. Wliat facts justify wife in leaving husband; burden of proof. 91 C. 6. Venue of action is ordinarily place of husband’s residence, since wife’s residence follows that of her husband. 93 C. 363. Husband’s duty is to sup- port wife at his residence but not elsewhere. Ibid. Information in words of statute sufficient; measure of support varies with circumstances of parties. 99 C. 118, 119; 100 C. 730. When wife’s misconduct will relieve husband of this duty. Id.. 731. Unjustifiable abandonment suspends duty; facts held to war- rant conclusion of unjustifiable abandonment. 107 C. 108. Payments set forth in bond for support must be met even though wife has not been furnished help by town to whom bond was given. 94 C. 247. (to) Held constitutional. 129 C. 570. 575 58 SOCIAL WELFARE LAWS OF CONNECTICUT the execution of the balance of any such sentence in a like man- ner. (b) Any person who shall violate any provisions of this sec- tion may be prosecuted before any court of this state in the same manner as if such offense had been committed within the terri- torial jurisdiction of such court. 1929, C. 148, S. 4 Sec. 6266. Appeal. If the accused shall appeal, such court, in addition to requiring a recognizance or appearance bond, may or- der such accused to give a bond similar to the bond provided for m section-6265, which bond shall be conditioned for his furnishing support pending the determination of such appeal. In the event of a conviction on an appeal or on a binding over, the court may suspend the sentence in the same manner as provided in section 6265, and any bond accepted under the provisions of said section shall be taken to the treasurer of the city or town in which such person was originally convicted. 1929, C. 148, S. 5 Sec. 6267. Failure to make payments. If any person so con- victed shall fail to make any payment required by any bond tak- en, or to comply fully with the terms and conditions imposed un- der the provisions of section 6265, the suspension of the execution of any jail sentence imposed may be revoked and such person may be committed, and any such action shall not affect the validity of any such bond. 1929, C. 148. S, 6 1930 1931 Sec. 6268 as amended by Sec. 1704c. Jurisdiction. Any jus- tice of the peace or any town, city or borough court, before which any complaint shall be brought for the offense set forth in section 6265, may hold a trial thereon, and, if in the opinion of such jus- tice or court no greater punishment ought to be imposed, may render judgment, in the case of justices of the peace, for impris- onment in the county jail for not more than sixty days, and, in the case of town, city and borough courts, for not more than six months, subject to the right of the accused to appeal as provided by statute in other cases; but, if in the opinion of the court a greater punishment should be inflicted, the accused shall be bound over to the next term of the court of common pleas having crim- inal jurisdiction to be held in the county in which the offense was committed, if any there be, otherwise to the next session of the superior court having criminal jurisdiction in said county. 1918, S. 6417 1919, C. 86 1921, C. 155 Sec. 6269. Forfeited bonds in non-support cases. When any bond or recognizance conditioned for the appearance of any per- son accused in any information or complaint charging a violation of any of the provisions of section 6265 shall become forfeited or whenever any person convicted under the provisions of said sec- tion shall give a bond as therein provided and fail to comply with the provisions of the same, the court or justice of the peace be- fore which such information or complaint is pending or in which such conviction was had, upon collection or settlement of such forfeited bond or recognizance, may order the avails or any por- tion thereof to be paid to the wife or for the support of the chil- dren or both, in such manner and instalments as such court of justice may find reasonable, or may order the avails or any portion thereof to be paid to the selectmen of the town, who shall admin- ister the same for the benefit of the wife or children or both, as they may find reasonable. 1918,S. 6435 Sec. 6282. Children protected from improper amusements. Any person owning, keeping or managing, wholly or in part, any dance house, concert saloon, roller skating rink, theater, moving picture show or phonograph hall or any museum having entertain- ment or variety shows connected therewith who shall allow, at SOCIAL WELFARE LAWS OF CONNECTICUT 59 any time, any child under the age of fourteen years, or, after six o’clock in the afternoon of any day, any boy under the age of fourteen or any girl under the age of sixteen years, to be admitted or to remain in such place, unless such child shall be accompanied by his or her parent or guardian or some adult person authorized by such parent or guardian to attend such child, shall be fined not more than fifty dollars. Sec. 6283. Sale of tobacco to minors under sixteen. Any per- son who shall sell, give or deliver to any minor under sixteen years of age, tobacco in any form, shall be fined not irore than twenty- five dollars for the first offense and not less than twenty-five dol- lars nor more than one hundred dollars for each subsequent of- fense. 1918, S t>43«3 Sec. 6327. Billard and pool rooms; closing. Minors under eighteen. Any person who shall keep open a public billiard or pool room in connection with which, or the premises to which it is appurtenant, food is sold or offered for sale, unless there shall be a substantial partition between such billiard or pool room and the place where such food is sold or offered for sale or shall keep open a public billiard or pool room between the hours of one o’clock in the forenoon and eight o’clock in the forenoon or any proprietor or keeper of such public billiard or pool room who- shall permit any person to play upon or use a public billiard or pool table during the hours when it its unlawful to keep such room open as prescribed by this section or shall, at any time, permit any person under eighteen years of age unaccompanied by parent or guardian to loiter in or about such room or shall employ any per- son under eighteen years of age in or about such room, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. The first selectman of any town, chief of po- lice of any city or the warden of any borough may, in such town, city or borough, order all public billiard or pool rooms therein to close at twelve o’clock midnight. Such order shall be in writing and shall be left with the owner of such billiard or pool room ox- person having charge of the same. Any person who shall keep open such billiard or pool room in violation of any provision of any order issued under the provisions of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. Any sheriff, deputy sheriff, constable or police officer may at any time enter a public billiard or pool room fox- the purpose of ascertaining if the law is being violated therein, and any person who shall obstruct or hinder the entrance of any such officer shall be fined not more than seven dollars or impi'is- oned not more than thirty days or both. 1918,S. 8479 Sec. 6338. Gift enlerprise forbidden. Any person who shall sell or offer for sale to any minor any box or package, the con- sideration of such sale being in whole or in part any distribution of or any chance at drawing or obtaining any article of value in such box or package, shall be fined not more than one hundred dollars or imprisoned not more than six months or both. 1918, S. 6489 Sec. 6467 as amended by Sec. 892f. Search when cruelty is suspected. Any prosecuting officer of any court in this state, any grand juror or any officer of the Connecticut Humane Society, up- on reasonable information to him given, may apply to any judge of the superior court or of the court of common pleas for a war- rant authorizing such prosecuting officer or grand juror to enter and search any place or places which shall be reasonably described 1918. S. 6619 1941 See Sec 6395 Sec. 6284. Cited. 115 C. 594. 595. 60 SOCIAL WELFARE LAWS OF CONNECTICUT in the application to such judge, for the purpose of ascertaining whether any offense described in section 6061 had been committed therein. 3918. S. 6645 Sec. 6491. Sentence of persons between sixteen and seven- teen. When any person between the ages of sixteen and seven- teen years shall be convicted of an offense, the punishment for which, in whole or in part, is or may be imprisoned in the State Prison, the court may sentence him to imprisonment for the same term in the jail of the county where such conviction is had. See Sec. 1830 1918, 6670. 6675 1939, S. 1472e 1941 Sec. 6517 as amended by Sec. 1472e and Sec. 899f. Probation officer; duties concerning minors. Whenever any minor shall have been arrested, the probation officer shall, as soon after the arrest as practicable, be notified by the police in order that he may, be- fore the trial, ascertain the facts in the case. Pending such in- vestigation the court may commit the accused to the custody of the probation officer. Whenever a minor shall be convicted in a town, city, or borough or police court or by a justice of the peace and shall appeal to the superior court or the court of common pleas or shall be bound over by a town, city, borough or police court or by a justice of the peace to the superior court and in default of bail should be committed to a jail, the superior court or court of common pleas or, if such be not in session, any judge thereof, up- on application and after due notice to the prosecuting authority o 1 the court to which such minor has appealed or been bound over, may order that such minor be committed to the custody of a pro- bation officer pending the disposition of the case. Any such order shall be filed with the clerk of the court to which the minor has appealed or been bound over and a certified copy thereof filed with the jailer shall be sufficient warrant for the release of such minor to the custody of the probation officer. Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 6183. 3918.S. 424 Sec. 459. Loitering of children may be prohibited. The com- mon council of any city may, by ordinance, prohibit the loitering in the night time of children under the age of fifteen years on the streets, alleys or public places within its corporate limits. 1918,S. 843, 844, 845 1931 Secs, 916 and 917 as amended by Sec. 259c. Habitual truants. Each city and town may make regulations concerning habitual truants from school and children between the ages of seven and sixteen years wandering about its streets or public places, having no lawful occupation and not attending school; and may make such by-laws respecting such children as shall conduce to then- welfare and to public order, imposing penalties, not exceeding twenty dollars, for any one breach thereof. The police in any town, city or borough, and bailiffs, constables, sheriffs and deputy sheriffs in their respective precincts shall arrest all such children found anywhere beyond the proper control of their parents or guardians during the usual school hours of the school terms; and may stop any child under sixteen years of age, during such hours, and ascertain whether he is a truant from school; and, if he be, shall send him to school. 1918.S. 847 392.1. C. 330 3927. C. 260 Sec. 918. Fees for arresting fruanls. Officers other than po- licemen of cities shall receive for making the arrests required bi- section 917 such fees, not exceeding the fees allowed by law for making other arrests, as may be allowed by the selectmen of the town in which such arrests are made; but unless a warrant was issued by a judge of the juvenile court the officer shall, before re- SOCIAL WELFARE LAWS OF CONNECTICUT 61 ceiving his fees, present to the selectmen of the town a written statement showing the name of each boy arrested, the day on which the arrest was made and, if the boy was returned to school, the name or number of the school to which he was so returned. Sec. 919. Warrant and hearing. In all cases arising under the provisions of sections 917 and 918 a proper warrant shall be issued by a judge of the juvenile court in the jurisdiction where such arrest is made; and the father, if living, or if not, the mother or guardian of such boy, shall be notified, if such parent or guar- dian can be found, of the day and time of hearing. The fees of any judge or justice acting as a juvenile court shall be two dol- lars for such hearing; and all expenses shall be paid by the town, city or borough in and for which he exercised such jurisdiction. 1918, S. 848 1921,C. 336 1927,C. 260 Children in County Homes Sec. 1011 and 1012 as amended by Sec. 332c. Children in counly homes. Children committed to county homes shall be enumerated by the county commissioners for each county and re- turns shall be made as provided for town boards of education; but any such child attending a public school shall be enumerated by the town in which such child shall attend school. The county commissioners may employ teachers for the schools at the county homes and shall provide books for the children and apparatus for teaching. The state board of education shall supervise such schools. All money from the enumeration grant due any county from the state on account of children committed to a county home shall be paid to the treasurer of such county instead of to the treasurer of the town in which the county home is located. The county commissioners shall not employ any teacher who does not hold a state certificate. Said commissioners shall not pay any teacher nor maintain any such school unless an agent of the state board of education shall certify in writing that such school has been kept for each month in conformity to law. 1918, 6. 1031,1032. 1033 1930 1931 1933 1935 Sec. 1016 as amended by Sec. 267e. Reimbursement for non- resident children, (a) Children placed out from county homes or from or by other agencies or persons shall be entitled to all free school privileges of the town where they then reside, whether in custodial institutions, in private homes or with persons licensed to operate homes for children, (b) When the average daily at- tendance of such children attending school in any town shall ex- ceed one percent of the total of the average daily attendance in such town, the chairman and secretary of the board of education of such town shall, at the end of each school year, certify under oath to the state board of education, on forms furnished by said state board, the average daily attendance of such children together with the per capita expense of tuition. The secretary of said state board shall certify to the comptroller the amount due to each town for tuition of such children in excess of said one percent, and the comptroller shall draw his order on the treasurer for the payment of such amount from the civil list funds of the state to the treas- urer of such town. Any town from which a payment under this section shall be withheld shall have the right of appeal to the superior court for the county in which such town is located, (c) No town shall be required to provide school accommodations for 1923, C. 229 J.930, S. 1016 1933, S. 334c 1937, S. 197d 1939 Sec 332c. Cited. 127 C. 57. 62 SOCIAL WELFARE LAWS OF CONNECTICUT any child whose legal residence is in another state unless a bond, in the sum of five hundred dollars, issued by a surety company authorized to do business in this state and conditioned upon the payment of such tuition, shall be filed with the treasurer of the town in which such child is attending school by the parent or guardian, or other person or organization in control of such child, (d) Children residing with relatives or non-relatives, when it is the intention of such non-relatives and of the children or their parents or guardians that such residence is to be permanent and provided without pay, shall be entitled to all free school privileges accorded to resident school children of the district or town in which they reside, (e) Each such child shall be enumerated in the town in which he is actually residing on the date of the enumeration. Special Officers 1919, 0.155 1921. 0.128 1937. S. 406d Sec. 1934 as amended by Sec. 623e. Special officers. The commissioner of state police may appoint, at the request of the Connecticut Humane Society, duly accredited agents of that so- ciety as special police officers to serve for two years from the date of their respective appointments, subject to removal by said com- missioner. Such officers shall serve without pay, except their regular compensation as agents of said society. They shall re- ceive no fees for services or return of any criminal process and shall have, throughout the state, the powers of sheriffs, constables and police officers to arrest and detain any person violating any provision of the statutes concerning the neglect or cruel treatment of children, offenses against children or cruelty to animals. 1921.C. 217 Sec. 1936. Temporary commilmenl of children. The Connect- cut Humane Society may receive and detain any child actually or apparently under sixteen years of age on temporary commitment by any court or justice having authority to commit children. 1918, S. 1884 Sec. 1940. Officers and agents io have certificates or badges. Officers and agents of said society shall be provided by said so- ciety with certificates that they are such officers or agents, in such form as the directors of said society may choose, or with badges bearing the name or seal of said society, and shall, if requested, show such certificates or badges when acting officially. Persons Boarding Infants 1918, S. 2687.2688 Sec. 2680. Persons boarding infants to notify selectmen. In- spection by selectmen. Each person who shall make a business of taking children under ten years of age, other than members of such person’s family, to entertain or board, in any number exceed- ing two in the same house at the same time, shall, within three days after the reception, removal or death of any such child, give written notice thereof to the selectmen of the town within which such house is situated, specifying the name and age of such child, the place of residence of the parties so undertaking its care and the birthplace and parentage of such child if known. The selectmen, or some person appointed by them, shall visit and inspect such premises as often as once in each month and, within one week af- ter such visit, make a written report containing a statement of the number of such children in such house, the number received and SOCIAL WELFARE LAWS OF CONNECTICUT 63 removed since the last visit, the number of deaths and the causes thereof and the condition of the premises and of the children; which report shall be kept on file in the office of the registrar of vital statistics of such town. Sec. 2681 as amended by Sec. 944e. Premises lo be open lo inspection. Any house or premises described in the preceding sec- tion (2680) shall, at all hours during the day and before nine o’clock in the evening, be open to inspection by any officer or agent of the state department of health, of the public welfare coun- cil or of the Connecticut Humane Society, provided such inspection be made in company with a selectman of the town in which such house is located or with some person appointed by the selectman of such town, by the court of probate for the district where such house is located or by the judge of any town, city or borough court having jurisdiction in such town or probate district over children that may be committed to a county temporary home. Such authorized visitors may direct and enforce such measures respect- ing such children and premises as they may deem advisable. 1918, S. 2689 1930 1937. S. 60118. S.1624 Sec. 1634. Paupers supported in almshouses: not by contract. It shall be unlawful for any town, or the selectmen or agent there- of, to make any contract for the support of any person liable to be supported by such town. All persons supported by any town shall be supported in an almshouse or other place or places pro- vided by such town, but nothing in this section shall be construed to prevent towns from giving temporary aid to any person in need of partial support, nor to prevent any two adjoining towns from uniting for the support of their paupers in an almshouse or other place or places provided by such town within the limits of either of such towns. 118. S. 1625 Sec. 1635. Medical treatment. Each town shall provide med- ical treatment by one or more competent physicians for all per- sons liable to be supported by such town when such persons are in reed thereof; but no town shall provide such medical treatment by contract by auction to the lowest bidder. >18, S, 1626 Sec. 1696. Parent neglecting to support child to be deemed a pauper. The parent of any minor child, who shall neglect or re- fuse to provide for his support, and abandon him to be supported as a pauper, shall thereupon be deemed to be a pauper, and as such shall be subject to all the provisions of this and the preceding chapter. Sec. 1696. This statute constitutional, and parent may be taken to the poorhouse as a pauper. 35 C. 538. SOCIAL WELFARE LAWS OF CONNECTICUT 73 Sec. 1697. Overseers of fhe poor. Reimbursement by paupers end menially ill. The selectmen of each town shall be overseers of the poor, and shall, at the expense of the town, provide all articles necessary for the subsistence of all paupers belonging to it. When any person has been or shall be supported, in whole or in part, by the state or any town, or any sum has been or shall be paid by the state or any town for the care, treatment and sup- port of a mentally ill, epileptic or feeble-minded person, such per- son shall be liable to pay for such support a reasonable amount or to reimburse such sum, and, on his failure so to do, his executor, administrator or conservator shall be so liable, provided he shall have sufficient assets in his hands belonging to the estate of such person; and such amount may be recovered in a civil action, and the statute of limitations shall not be pleaded therein. 1918, S. 1627 Sec. 1698. New statute Sec. 383h. Disclosure by person ap- plying for support. No person shall receive support from any town until he has made to the selectmen a full disclosure of his financial condition, and, if requested by them, has signed and sworn to the same. Any person who makes a false statement as to such financial condition or in any way deceives such selectmen in relation thereto shall be subject to the penalty provided in sec- tion 1700 and shall pay just damages to the town if it has sus- tained loss as a result of such deceit. 1918, s. 1628, 1630 1945 Sec. 1699. Disclosure of person controlling property. Each person having in his possession or control any property of any per- son applying for or receiving such support, or being indebted to him, or having knowledge of any property belonging to him, and any officer having control of the books and accounts of any cor- poration which has possession or control of any property belonging to any person applying for or receiving such support or is indebt- ed to him, shall, upon presentation by such selectmen or any of them or their attorney of a certificate signed by them or him stating that such person has applied for or is receiving support from the town, make full disclosure to such selectmen or attorney as to any such property or indebtedness. Any person who shall violate any of the provisions of this section shall be fined not more than one hundred dollars and shall pay just damages to the town injured thereby. 1918, S. 1629. 1630 Sec. 1700. Penally for fraud or deception. Any person who shall defraud or assist in defrauding any town as to the support of its paupers, or shall deceive the selectmen thereof in obtaining support for any person not entitled to the same, shall be fined not more than five hundred dollars or imprisoned not more than one year or both. 1918. S. 1630 Sec. 1701. Paupers subject to selectmen. Claims for supplies. Paupers shall be liable to be removed to such places as the select- men may lawfully designate, to be supported as the town or se- 1918, S. 1631 Sec. 1697. Selectmen have power to settle an account for supplies to pauper and such settlement is evidence of pauper’s settlement. 28 C. 113. Powers of selectmen to restrain pauper. 34 C. 132; 71 C. 724. They cannot collect and discharge debts of paupers. 38 C. 191. One selectman has no power to submit questions of settlement to arbitra- tion. 54 C. 34. Sec. 1701. No recovery from town for support of person if such person has property. 4 C. 553; 5 C. 244; 34 C. 264; 66 C. 139. Notice to selectmen of the town where the pauper resides is indispensable. 6 C. 72. What constitutes “notice”. 18 C. 189; 43 C. 53. Selectmen not necessarily confined in the exercises of their powers to the limits of their own towns. 71 C. 724. Sec. 1701. Sufficiency of notice to town of support of pauper. Dis- claiming liability. 112 C. 406. 407. 74 SOCIAL WELFARE LAWS OF CONNECTICUT lectmen may direct, and shall be subject to the orders of the se- lectmen, and no individual shall have any claim against a town for supplies or assistance furnished to a pauper against the express directions of the selectmen, nor before he has given notice of the condition of such pauper to one of the selectmen of the town where the pauper resides. 1918, 1929, S.3 1930 1931 1935, 1941 S. 1632 C. 284, Sec. 1702 as amended by Sec. 663c and Sec. 244f. Support of non-resident paupers; notice. When a person not an inhabitant of the town in which he resides shall become poor and unable to support himself, the selectmen of such town shall furnish him with necessary support as soon as his condition shall come to then- knowledge, and each selectman neglecting such duty shall be fined seven dollars. The selectmen of each town to which a pauper be- longing to another town is chargeable shall give notice of his con- dition to the town to which such pauper belongs, within fifteen days after they shall know to what town he belongs, and a letter deposited in the postoffice, postage paid, stating the name of the pauper, and that he is chargeable, signed by a selectman of the town where he resides, directed to the selectmen of the town where he belongs, shall be sufficient evidence that notice was given at the time that such letter would, in the usual course of the mail, reach the selectmen to whom it was directed; and actual notice in writing, sent in any other mode, shall be sufficient; and, when the selectmen shall have the knowledge of the town where such pauper belongs, such town shall not be liable for any expense for the time during which there was a neglect to give such notice; and such town shall not be liable to pay more than the actual dis- bursements of the town which rendered the aid, nor at a greater rate than seven dollars a week for persons over fourteen years of age, six dollars a week for persons between six and fourteen years of age, and four dollars a week for persons less than six years of age; provided, when such persons shall be sick and receive medi- cal attendance such town shall not be liable to pay more than the actual disbursements of the town which rendered the aid, nor at a greater rate than fourteen dollars per week, nor if cared for or supported at a public hospital, the actual disbursements of the town which rendered the aid. Any hospital receiving state aid shall charge a uniform rate for paupers receiving medical attend- ance or being supported and cared for in such hospital under the provisions of this section. In case of dispute between towns as to liability under the provisions of this section, or as to the amount of such liability, the dispute may be referred to the commissioner of welfare after written agreement between the respective towns acting by their selectmen. Said commissioner of welfare, by him- S. 663c Sec. 1702. Omission to aver notice cured by verdict. 1 D. 183. What amounts to a waiver of notice. 3 C. 553, 558. Who are paupers. 3 C. 553; 4 C. 553; 5 C. 244; 8 C. 393; 14 C. 394; 16 C. 431; 21 C. 101; 34 C 264; 51 C 491; 52 C 158. Owner of valueless equity may be pauper; 71 C. 724; so one who has income of ten dollars a week. 76 C. 152. When no recovery for supplies furnished. 3 C. 568. Express request or promise need not be shown. 4 C. 209. Evidence of “notice” admis- sible. 7 C. 100. What is sufficient “notice.” 18 C. 189; 33 C. 141; 38 C. 249: 43 C. 53, 212; 44 C. 210; 46 C. 281; 51 C. 490. Object of statute to provide for immediate relief. 28 C. 253. Any one selectman is em- powered to furnish relief and town is liable upon the request of one. 45 C. 329. Effect of want of actual knowledge of town of settlement. 75 C. 515. Nature of notice; limitation of liability; family may be treat- ed as a unit. 76 C. 152. Contents of notice. 85 C. 202. Sec. 1702. (474b). Liability of town for care of pauper. 112 C 405, 406 See note to Ch. 28. History of this statute reviewed. Its pro- visions do not impose any express limitations upon the amount which the town rendering aid may expend, or be charged therefor. 119 C. 148-155. 129 C. 574. C. 128 C. 185-195. SOCIAL WELFARE LAWS OF CONNECTICUT 75 self or a duly appointed representative, shall hear the parties to the dispute, after written notice to both parties. The decision of said commissioner or his representative, after such hearing, shall be final and conclusive. At such hearings before the commissioner or his representative parties shall have *the right of subpoena, to appear by counsel and to present such witnesses as they shall de- sire. Sec. 1703 as amended by Sec. 365g. Burial. When a pauper not an inhabitant of the town where he resides, or a state pauper, shall die, the selectmen of such town shall give to such pauper a decent burial, which shall include a stained wood or crepe-covered casket, suitably trimmed and inclosed in an outside pine box; and for the expense thereof, the town where such pauper belongs or, if a state pauper, the state, shall pay a sum not exceeding one hundred dollars to the town burying such pauper. Any person burying or causing to be buried any such pauper in violation of the provisions of this section shall be fined not less than twenty- five dollars. This section shall not affect the provisions of section 2701. 1918.S. 1633 1919.C. 122 1927, C. 221 1943 Sec. 1704. Expense for paupers recoverable from other towns. Each town incurring any necessary expense, pursuant to the pro- provisions of sections 1702 and 1703, for a pauper belonging to an- other town, may recover it from such town, provided the town in- curring such expense shall render to the town liable therefor an itemized statement of the expense so incurred, once in six months during the period that such expense is being incurred. 1918.S. 1634 Sec. 1705. When selectmen may sell property of dead pauper. When any person supported at the expense of any town shall die, leaving personal estate not exceeding fifty dollars in value, the selectmen of such town may sell it for the use of such town, un- less some person interested in such estate shall take out adminis- tration thereon within ninety days after such death, 1918. S. 1635 Sec. 1706. Almshouses; establishment; removal of mentally ill from. Any town may establish one or more almshouses for the admission of poor persons, and adopt by-laws for their manage- ment, which may at any time be repealed by the superior court. The selectmen, person, committee or board of any town, having authority to provide for the poor therein, shall cause all persons who are supported in any almshouse or institution in such town, other than an institution maintained by the state or county, to be 1918, s. 1637,1640 1919. C. 301. S. 2 See Sec 2628 Sec 1703. See note to Sec. 1702. Sec. 1704. Selectmen have power to settle an account presented by another town. 29 C. 113. A judgment against a town for supplies fur- nished a pauper is binding only on the parties to the suit and their privies. 47 C. 237. Party not estopped by an admission made in ignorance of his rights. 50 C. 84. Evidence of prior judgment against the plaintiffs inadmissible. 51 C. 490. Sec. 1704. See note to Sec. 1702. Sec. 1704. When a minor son marries, he becomes emancipated, and no longer takes the settlement of his father by derivation, and the children of the minor son do not take the settlement of their grand- parent. Accordingly, a town wherein the father of a married minor son acquired a settlement after the marriage of the son is not bound (*7 Conn. Sup. 239) to reimburse another town for expense incurred for the support of the pauper children of said minor son. (*7 Conn. Sup. 238.) Sec. 1706. Keeper of poorhouse may restrain but not barbarously treat inmates. 34 C. 132. Poorhouses are exempt from taxation al- though located in another town; effect of excess of land whereon crops arc raised and sold at a profit to outsiders. 91 C. 592. 76 SOCIAL WELFARE LAWS OF CONNECTICUT examined by a physician at least once in six months. Such authority, upon ascertaining that any feeble-minded or mentally ill person is being supported in an almshouse, shall forthwith in- stitute proceedings for the commitment of such person to an in- stitution for the mentally ill or for the feeble-minded. 31918, S. 1641 1919, C. 301, S.2 1930 1935, S. 664c 194) Sec. 1707 as amended by Sec. 664c and Sec. 245f and 246f. Ex- aminalion by physician. Each physician making the examination provided for by Section 1706 shall file with the public welfare coun- cil a sworn statement during the first week of June and December in each year, showing that the examinations required by the pro- visions of said section has been made, the almshouse or other in- stitution where such examination was conducted, the name, age, date of admission of any mentally ill or feeble-minded person found therein, if any, and a statement concerning the mental and physical condition of such person. Upon the failure of any town to cause such examination and report to be made, the public wel- fare council, as soon as practicable after the expiration of the tune for .making the same, shall cause such examination to be made by a physician to be designated by said public welfare council, and the expense thereof shall be paid by such town, and the attorney general may collect the cost thereof in a civil action in the name of the state in the superior court of the county wherein such town is situated. Said public welfare council may remove to a suit- able state institution any mentally ill or feeble-minded person de- tained in an almshouse. The proceedings for commitment of such person to an institution for the care of the mentally ill or the feeble-minded shall be brought to the probate court in the district wherein such person resides and shall be conducted in the man- ner prescribed by statute for the commitment of the mentally ill or feeble-minded, and the costs thereof and three dollars per week for the support of any person committed shall be paid to the state by the town in which such person resides. 1818, S. 1638 1930 1935 Sec. 1708 as amended by Sec. 655c. Support of paupers in their own or the next town. All paupers shall be supported at some place or places within the town to which they belong or in a town adjoining that to which they belong; provided, if there is no suit- able place in the town to which they belong, or in an adjoining town, they may be supported in any suitable place within the county in which they belong. State 1933 1935 Sec. 667c. Interstate transportation. The commissioner of welfare is authorized to enter into reciprocal agreements with other states regarding the interstate transportation of poor and indigent persons and to arrange with the selectmen for the acceptance and support of persons receiving public aid in other states in accord- ance with the terms of such reciprocal agreements. 1918. S. 1642 1919, C. 345 S. 1 1921,C. 349 1930 1935 Sec. 1710 as amended by Sec. 668c. Commissioner of welfare io provide supporl. All persons who have no settlement in any town in this state, and all indigent persons discharged from the State Prison or a county jail, or from the state or a county work- house, who were not inhabitants of any town in this state at the time of their commitment to such prison, jail or workhouse, and have no relatives in this state liable and able to support them, to- Sec. 1710. See note to Sec. 1684. Sec. 1710. Cited. 127 C. 59. SOCIAL WELFARE LAWS OF CONNECTICUT 77 gether with all children born of such persons while serving out a sentence in such prison, jail or workhouse, shall, if in need of re- lief, be provided for by the commissioner of welfare as state pau- pers at the expense of the state. Sec. 1711 as amended by Sec. 367g. Settlement lost in four years. Any person having a settlement in any town in this state, who has, or who shall have resided outside of said town for a pe- riod of four consecutive years, shall be deemed to have lost his settlement therein. The provisions of this section shall apply to any person having a pauper status whether such status was fixed prior to or after the effective date of this act October 1, 1943, but not to any person whose absence from the town of settlement is caused by service in the armed forces of the United States or by confinement in any institution. See Appendix (XXII), (XXIII). 1918, S. 1636 1929, C. 104 1941. S. 247 1943 Sec. 1712. Status of certain state paupers. The status as a pauper of any person who had, on October 1, 1907, received re- lief or support as a pauper at the expense of the state for a period of less than six months preceding said date shall be and remain the same as before said date. Any such person shall, if needing relief, be provided for as prescribed in sections 2493 and 2496, Revision of 1902, and chapter 124, Public Acts 1903, which are con- tinued in force for said purpose only. 1918, S. 1643 Sec. 1713 as amended by Sec. 561e. Reimbursement of towns. Each town, through its selectmen, shall, unless such support shall be otherwise provided for by the state, furnish necessary support to all state paupers therein or sent from such town to any hospital in this state, and shall be reimbursed by the state therefor. With- in five days after such selectmen shall commence to provide relief or support to any such pauper, one of them shall forward to the commissioner of welfare a statement containing the facts, as they may be known by the selectmen, giving the name of such person, the time he came into the state and into the town, the place from v/hich he came, the cost of the relief furnished to him, the time when such relief was first administered and any other information required, in the form prescribed by said commissioner and on blanks furnished by him, which statement shall be signed and sworn to by one of such selectmen. At the end of each quarter within which such relief or support has been provided under the provisions of this section or when otherwise required by said com- missioner, one of the selectmen of such town shall send to said commissioner, in the form prescribed by said commissioner, a statement of the cost to such town of such relief during such quar- ter, which statement shall be signed and sworn to by such select- men. The word “selectmen”, as used in this section, shall be con- strued to include any other officer or board which, instead of the selectmen, lawfully exercises the powers and duties of overseers of the poor, and the word “selectmen” shall include any such officer or a member of any such board. The commissioner of welfare, if satisfied that the statements are substantially true and that the disbursements are reasonable, shall certify them for payment. If not satisfied he may reject such claim, and such town may present the same for further investigation to such committee as the gen- eral assembly may appoint therefor. If such committee determine 1918, s. 1644, 1645 1919, C. 345. S. 1 1921, C. 29, 349 IQTft 1935. S. 668c 1939 Sec. 1711. Cited 127 C. 59. Sec. 1712. Who are state paupers under this section. 50 C. 554; 58 C. 277. Sec. 1712. 116 C. 537, 545. City of Bridgeport vs. Town of Greerv- wich. Sec. 1713. Cited 114 C. 235. See note to Ch. 28. Sec. 1713. Cited 127 C. 59. 78 SOCIAL WELFARE LAWS OF CONNECTICUT in favor of such claim, it shall then be paid, together with the cost of travel and attendance of necessary witnesses and a sum not more than twenty-five dollars for counsel fees. 1918. S. 1646 1919, O. 345, 8.1 1921. 0.349 1930 1935 Sec. 1714 as amended by Sec. 668c. Commissioner of welfare may contract for support. The commissioner of welfare may from time to time contract with any person for not more than five years for the relief and support of such indigent persons at a rate not exceeding the sum specified in section 1702, and the contractor shall be entitled to receive at the end of every six months the amount then due on such contract; and the commissioner of welfare may remove any state pauper from any town and place him with such contractor. The comptroller shall adjust any demands aris- ing under such contract and draw orders on the state treasurer for the payment thereof. 1918,3.1647 1648 1919, C. 345. S. 1 1921,C. 349 1930 1935 Sec. 1715 as amended by Sec. 668c. Commissioner of welfare may contract wilh towns. Bond. The commissioner of welfare may contract with any town for the support of state paupers for such time and on such terms as he may deem expedient and for the best interests of the state; the state paupers may be removed to such place and supported as the commissioner of welfare shall direct, and shall be subject to his orders; and the commissioner of welfare is authorized to detain any such pauper during the time he is making an investigation for the purpose of ascertaining whether such pauper shall be deported by the United States or other authorities. When the commissioner of welfare shall con- tract as provided in this section, he'shall take of such contractor a sufficient bond, with surety, conditioned for the faithful perform- ance of such contract and that such paupers shall be treated with humanity and shall have a sufficient supply of food and decent and comfortable clothing and all necessary medical aid and at- tendance. Sec. 1716. New statute. Sec. 385h. Care of crippled children. Whenever there shall be found in any town in this state any child of sound mind who is a cripple or who is afflicted with poliomyel- itis, or any non-contagious crippling disease, and whose parents or grandparents are unable to pay the full cost of treating such dis- ease, the selectmen of such town may make application to the court of probate for the district in which such town is situated for the admission of such child to The Newington Home for Crippled Children, located at Newington, and, if, upon inquiry, such court shall find that such child is a proper subject to be received into said home, it may order such selectmen to take such child to said home to be kept and supported for such length of time as such court may deem proper, provided said corporation shall not be required to receive any child so committed unless it can conven- iently receive and care for such child at the time of commitment, and provided said corporation shall have the light to return to the town in which such child belongs any child so taken who shall be pronounced by the physicians employed by said corporation, after examination, to be unfit for retention, or who, by reason of im- provement in its condition or completion of its treatment or train- ing, ought not to be further retained. Such selectmen shall not take or commit any such child to said home until the order of such court shall have been approved by the commissioner of welfare, and no child shall be received by said home to be supported in any manner by the state without the approval of the commissioner of welfare. There shall be taxed by the comptroller nine dollars a week for each week such child shall remain at said home or under 1918, S. 1649 1919, C. 243 1921, C. 255 1923,C. 69 1930 1935, S. 668c 1939, S. 562e 1941,S. 248f 1.945 Sec. 1716. 129 C. 206. SOCIAL WELFARE LAWS OF CONNECTICUT 79 the control of said corporation, and said corporation shall make its bill therefor quarterly and present it to the commissioner of wel- fare, upon whose approval it shall be paid by the state, and the balance shall be paid by the parents or grandparents of such child, or, if such parents or grandparents are unable to pay such balance, it shall be paid by the town in which such child belongs; provided the sum to be paid by such parents or grandparents or by such town shall not exceed two dollars a week, which shall be in ad- dition to the amount paid by the state. Relatives See. 1717 as amended by Sec. 563e. What relatives to furnish support. When any person shall become poor and unable to sup- port himself or herself and family, and shall have a husband or v/ife, father or mother, grandfather or grandmother, children or grandchildren who are able to provide such support, it shall be provided by them; and, if they shall neglect to provide it, the commissioner of welfare, the selectmen of the town, the husband jr wife or any of such relatives or the conservator of such poor person, may bring a complaint therefor to the superior court of the county in which such poor person resides, against such husband or wife or any of such relatives able to provide; which court may or- der the defendant or defendants to contribute such support, from the time of serving such complaint, such sum as may be reasonable and necessary and may issue execution monthly or quarterly for the same, which, when collected, shall be paid to said commissioner of welfare, selectmen, conservator, husband or wife or the person needing support, for that purpose, as the court may order. When such complaint shall be brought by the commission er of welfare, selectmen, conservator, husband or wife, the court, or any judge 1918, S. 1650 1921, C. 114 1Q10 1935, S. 669c 1939 Sec. 1717. Relatives by affinity not liable. K. 155; 1 R. 250; 3 C. 553. Relatives not liable for past expenses. 3 C. 553; 7 C. 57; 32 C 142. Action at common law dos not lie against relatives. 1 R. 60; 3 C 507. Not responsible to a town in which the pauper has no settlement. 3 C. 553. If supplies are furnished parent at request of children, they are liable in assumpsit. 32 C. 142. Not necessary for town to exhaust the remedies provided by this statute before taking a parent or pauper into custody under section 1696. 35 C. 538. A wife whose husband neglects to support her may bring an action against him for contribu- tion towards her maintenance. 72 C. 157. Nature of remedy; costs; 73 C. 607; “neglect to provide,” is condition precedent to action. 78 C. 650. Place of support. 73 C. 607; 82 C. 611. Measure of support. 78 C. 650; 82 C. 611; 103 C. 6. When state should be a party plaintiff. Ibid. A minor may properly be made a defendant and judgment ren- dered against him. Ib. 3. A proceeding under this statute is entirely different from a criminal prosecution for non-support. 91 C. 10. Ap- plication to question of dependency of mother on minor son under Workmen’s Compensation Act. 105 C 420. Wife may maintain action in this state for support by husband, though neither resides here, if property of husband is subject to the jurisdiction of the courts of this state. Ill C. 128. In a direct equitable action by a wife against her husband, the measure of the husband’s duty is that support to which the wife is entitled by virtue of the marriage contract. 114 C. 579, 580. Cited 117 C. 284. In a proceeding under this statute, it is necessary for the plaintiff to meet its terms in order to lay a basis for recovery. History of the statute reviewed. 123 C. 338-343. Continued: where rel- ative has been providing support of an agreed amount, he is not liable under this section unless court finds amount insufficient and a demand for increase duly made. 124 C. 518, 520, 521. Sec. 1717. Cited 127 C. 506. “Neglect” in this statute “imports” something more than mere omission, something more than failure without fault. It imports an omission accompanied by some kind of culpability in the conduct of the party, 128 C. 185-195. 80 SOCIAL WELFARE LAWS OF CONNECTICUT thereof in vacation, may require the defendant or defendants to become bound, with sufficient surety, to the state, town, conserva- tor, husband or wife, to abide such judgment as may be rendered on such complaint. Failure of the defendant or defendants to obey any order made hereunder, after execution shall have been issued and returned unsatisfied, may be punished as contempt of court and the costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. 1918, S. 1651 1921, C. '177 1930 1935 Sec. 1718 as amended by Sec. 669c. Support of surviving hus band or wife by heirs. The estate of any person dying without issue, leaving a husband or wife surviving, shall be liable for the support of such surviving spouse until remarriage if such survivoi shall become poor and there shall be no person or persons of suf- ficient ability, under the provisions of section 1717, to provide such support. Each pei’son to whom any such estate shall be giv- en or descend shall, to an amount equal to the estate so received by him, be liable to contribute to such support, and, if he shall ne- glect to provide such support, and sufficient support can not be ob- tained from any of the persons liable under the provisions of said section 1717, then such survivor, the commissioner of welfare, the selectmen of the town in which such survivor resides, or any per- son liable under the provisions of said section 1717 to contribute to such support but unable to wholly furnish the same, or any per- son other tnan the defendant or defendants, liable under this sec- tion to contribute to such support, may bring a complaint to the superior court in the county in which such survivor resides, against all or any of the persons, except the plaintiff, to whom any of such estate shall have been given or shall have descended. Said court may order the defendant or defendants to contribute to such sup- port from the time of serving such complaint such sum, not ex- ceeding the value of the property received by such defendant or defendants from the estate of such deceased, as may be reasonable and necessary, and may issue execution monthly or quarterly for the same, which, when collected, shall be paid to such survivor, said commissioner of welfare or such selectmen, for such support, as the court may order. When such complaint shall be brought by the survivor, commissioner of welfare or selectmen, the com-:., or any judge thereof in vacation, may require the defendant or de- fendants to become bound with sufficient surety to such survivor, the state or town to abide such judgment as may be rendered on such complaint. 1918, S. 1652 1921, C. 113 1930 1935 Sec. 1719 as amended by Sec. 668c. Relief from support. Any defendant in action brought under either section 1717 or section 1718 may, at any time thereafter, prefer his complaint to said court against such survivor, the commissioner of welfare, selectmen or other persons, plaintiffs in such action, to be relieved from such contribution; and, if said court shall find that he, being liable un- der said section 1717, is required to contribute to an amount be- yond his ability or beyond what is requisite for such support, or that he, being liable under said section 1718, is required to con- tribute beyond the amount received by him from the estate of such deceased or beyond what is requisite for such support, it may again direct how much, if anything, he shall contribute therefor. If the contribution of the person or persons liable to support such poor person, as fixed by the court, be insufficient for such sup- port, the remainder of such support shall be furnished by the state or such town. Sec. 1718. Cited 127 C. 506. Sec. 1719. Cited 127 C. 506. SOCIAL WELFARE LAWS OF CONNECTICUT 81 Selectmen Sec. 304. Contract for support of mentally ill poor. The se- lectmen of any town may contract in its behalf with the officers of the retreat for the mentally ill at Hartford for the support of any mentally ill poor person belonging to such town. 1918, S. 294 Sec. 308. Removal of overseer. Any person under an over- seer may apply to any judge of the superior court to have the overseer removed; and the judge may issue an order citing the town in which the appointment was made to appear at some place designated and show cause why the application should not be granted, which shall be served with such application at least six days before the day of hearing; and, if the judge shall be of the opinion that the overseer ought to be removed, he shall remove him; and coats may be taxed in favor of or against either or neith- er party, and execution issued therefor by the clerk of the superior court in the county, which execution, together with the application, finding and order of the judge thereon, shall be returned to such clerk. 1918. S. 298 Sec. 1068c. Selectmen to give permittees lists of drinkers re- ceiving town aid. The selectmen of every town shall, annually or oftener, at their discretion, prepare a list of persons known to use alcoholic liquor to whom town aid for support has been furnished within the six months last past, and lodge a copy of such list with each person holding a permit to sell such alcoholic liquor in such town, forbidding the gift, sale or delivery of such liquor to any person whose name appears on such list, or to any member of his legal family except upon a physician’s prescription indorsed by a member of the board of selectmen in such town. Every permit- tee, who, by himself, his servant or agent, shall sell, give, exchange or deliver alcoholic liquor to the persons described in this section after receiving such notice from such selectmen shall be subject to the penalties of section 1083c. 1933 Sec. 1070c. Liquors not lo be sent lo cerlain persons or their abodes. Every person who, except upon the written order of a practicing physician, shall carry or convey to any person or to his abode any alcoholic liquor, the sale or gift of which to such per- son has been forbidden by section 1068c or 1069c, or who shall de- liver to any person any such liquor for the use of any person to whom such sale or gift has been forbidden by either of said sec- tions, shall be subject to the penalties of section 1083c. 1933 Sec. 305. Being In derogation of common right this statute is to be strictly construed. 3 D. 131; 1 C. 79; 5 C. 357. Selectmen making appointment maliciously and without cause are liable in damages. 2 K. 214. Damages will be implied in such case, but not if appointment is invalid. 1 C. 317. An appointment without time limitation is void. 1 C. 79. An appointment over a non-resident is invalid. 3 C. 591. One under overseer is sui juris, except as to contracts lb. 5 C. 362. The disability as to contracts is general. 13 C. 247. Powers of selectmen as “overseers of the poor” differ essentially from those overseers ap- pointed. 38 C. 192. Cited 84 C. 680. Sec. 306. A deed from a ward to his overseer is void. 5 C. 257. A ward may, without the consent of his overseer, appoint appraisers of his land, on execution levied. 5 C. 357. Ch. 151. When the liquor control commission has ground for be- lieving that an applicant, though himself a suitable person may be an unsuitable permittee through the domination of another who is un- suitable, it can deny the application. 122 C. 443-447. 82 SOCIAL WELFARE LAWS OF CONNECTICUT 1933 1933 Sec. 1072c. Inducing minors to procure liquor. Any person who shall, for any purpose, induce any minor to procure alcoholic liquor from any person permitted to sell the same shall be suject to the penalties prescribed in section 1083c. 1933, S 1073c 1939 Sec. 1073c as amended by Sec. 978e. Loitering. Every per- mittee who, by himself, his servant or agent, shall permit any min - or or any female (except she be the proprietor or an employee of the proprietor), or any person to whom the sale or gift of alcoholic liquor has been forbidden according to law by the selectmen, either because of the complaint of some relative of such person or because such person or some member of his legal family had received town aid for support within the time specified by law, to loiter on his premises where such liquor is kept for sale, or allow any minor, unless accompanied by his parent or guardian to be in any room where alcoholic liquor is sold at any bar, shall be subject to the penalties of section 1083c. 1933 1935 Sec. 1083c. Penalties. Any person convicted of a violation of any provision of this chapter, for which a specified penalty is not imposed shall, for each offense, be fined not more than one thou- sand dollars or imprisoned not more than one year or both. Electors 1918, S. 535. 536 1921,0.305. S. 1,2 Sec. 553. Who may be admitted. Each citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in the United States for the five years next pre- ceding, in this state for one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding, the time he may so offer himself, and who, at the time of offering himself, shall be able to read in the English language any article of the constitu- tion or any section of the statutes of the state, and shall sustain a good moral character, shall, on taking the oath prescribed by law, be an elector. Any new or additional qualification herein imposed shall not be required of any person who has heretofore been admitted to the privileges of an elector 'ji this state. No person shall be deemed to sustain a good moral character, in oc- cordance with the provisions of section two of article six of the constitution, or shall be admitted to the privileges of an elector, who hasl, during his minority, been convicted three or more times of any offense punishable by the laws of this state with imprison- ment or with fine and imprisonment; or who has, within twelve months before reaching his majority, been convicted of any of- fense mentioned in section three of article six of the constitution: or who, at the time of reaching his majority, was serving a term in jail or prison for any such offense. No idiot or mentally ill person shall be admitted as an elector. 1918, S. 537 1921, C. 305. S3 Sec. 560. Blind persons. No person, otherwise qualified to be an elector in this state, shall be held to be ineligible by reason of blindness or defective sight; but, if the applicant shall be able to write any article of the constitution or any section of the sta- tutes of this state from dictation or read the same in raised print or the point characters used by the blind, it shall be sufficient evi- dence of his ability to read as required by law. SOCIAL WELFARE LAWS OF CONNECTICUT 83 Sec. 565 as amended by Sec. 136g. Restoration of names to registry list. Each person who shall have resided in this state one year and in any municipality six months next preceding a general election, and who has been admitted *** previously as an elector in such municipality shall, unless he shall have forfeited the priv- ileges of an elector by reason of conviction of crime, be entitled to have his name restored to the registry list and, after such restora- tion to vote therein. No person shall be deemed to have lost his residence in any municipality by reason of his absence therefrom in the service of this state or of the United States, including ser- vice in the armed forces or of their auxiliaries, nor shall the spouse of any such person be deemed to have lost his residence in any municipality by reason of such absence therefrom; provided, unless such person shall make application for continuance on the registry list not later than seventeen days before each state election, he shall not be entitled to vote therein and the registrars shall re- move his name from such list; and provided nothing in this sec- tion shall be construed to require any person in the service of the armed forces of the United States or any auxiliary thereto to file a request for continuance of his name on the registry list. 1918, S. 543 1921,O. 305 S. 9 1943 Sec. 584. Voting residence of pauper. If any person shall be supported in any town as a pauper by the payment to such town of any weekly or other regular sum of money from any other town, his legal residence for purposes of registration or admission as an elector shall be in the town to which he is chargeable. 1918,S. 567 1921, O. 305, S. 32 Sec. 164c. Electors residing in state institutions. No person shall be deemed to have lost his residence in any town by reason of his absence therefrom in any institution or home maintained by the state. No person who resides in any institution or home maintained by the state shall be admitted as an elector in the town in which such institution or home is located, unless he shall prove to the satisfaction of the board of registration in such town that he is a permanent resident of such institution or home. 1933 SOCIAL WELFARE LAWS OF CONNECTICUT 84 Taxation 1918, S. 1160 *919, C. 159, C. 336, S. 3 1921. C. 109 1923.C. 251 19253, C. 245, S. 1 1927,C. 13 0.319, S. 1 1929, C. 24, S.1.C.246 1930 1933, S. 368c 1937. S. 324e 325e, 326e 1941 Sec. 1163 as amended by Sec. 157f and Sec. 158f. Exemptions. The following-described property shall be exempt from taxation. (1) Property belonging to, or held in trust for, the United States; (2) property belonging to, or held in trust for, this state; (3) ex- cept as otherwise provided by law, property belonging to, or held in trust for, a county of this state and used for county purposes, provided this exemption shall not apply to property belonging to, or held in trust for, a county of this state which has been rented or leased for private use. (4) except as otherwise provided by law, property belonging to, or held in trust for, a municipal corporation of this state and used for a public purpose, including real and per- sonal property used for cemetery purposes; (5) as long as used by the public for public purposes, property held by trustees named in a will or deed of trust and their successors for this state or its Sec. 1163. Buildings taxable against lessee though land exempt. 10 C. 490; 51 C. 259. Lands given for use of the ministry taxable against lessee for 999 years where lease stipulated he should pay the taxes assessed. 14 C. 228. Such lands taxable in case of sale. 30 C. 160. Grant to ecclesiastical society expressly, without condition, is not within statute as a grant for religious or charitable purposes. 21 C. 481. Act of 1859 not unconstitutional as to lands previously given to charitable uses. 31 C. 407. Lease for 999 years for all practical pur- poses a fee. 31 C. 407. Statute of 1702 exempting lands given for the ministry for public or charitable uses not a contract; but, if otherwise, a lease for 999 years without reserving rent is a violation of the con- tract. 36 C. 116. Property conveyed to such uses prior to 1821 left under act of 1702. 38 C. 274. Tax illegally assessed in part, illegal in toto. 38 C. 274. Reservoir held by municipality for public use and necessary land for same exempt. 44 C. 361; see Sec. 1157. Building earning money applicable to secular uses not exempt as a church. 54 C 153. Land of camp meeting association conveyed by lease for- feitable may be taxed against lessee. 54 C. 153. Property of eccle- siastical society must be exclusively used for its purposes to be exempt. 61 C. 228; 66 C. 368, 476. Word “used” applied to corpus of real estate. 68 C. 482. Dormitories and dining halls of Yale University not taxable. 71 C. 316. Legislature may grant exemptions; 89 C. 399; 92 C. 107; but they are to be strictly construed. 85 C. 678. One who grows hay on shares held to be producer of farm crops. 79 C. 295. Ferry owned by city but leased. 87 C. 231. “Buildings” of school held to include appurtenant lands used for playground. 87 C. 474; see 85 C. 674. Pri- vate school not exempt. 88 C. 242; 105 C. 456; 108 C. 138. Property of joint-stock agricultural societies is within the exemption. 88 C. 628. Buildings used for rest-house, at which board is paid, held not exempt. 90 C. 504. Land used by one town for poor farm exempt, though lo- cated in another. 91 C. 589. Purposes of institution to be gathered from its charter; meaning of term “benevolent society.” 95 C. 55. All property of municipality held for public use is exempt though located in different towns; exemptions not lost by incidental non-public user. 95 C. 548, 550. But an assessment of benefits is not a tax under this statute. 96 C. 523. Abandonment as destroying right to exemption. 91 C. 595. Power of legislature to repeal exemption statute. 108 C. 252. Sec. 1163. Property of a corporation without capital stock not exempt from taxation if not so organized that, if in the future it should make a profit, that profit could be distributed to its members. Ill C. 204-206. A municipal water system, provided under legislative authority, is used for a. public purpose and entitled to exemption as such, 112 C. 517. 519. Cited 115 C. 133. The theory of the legislature in exempting certain corporations from taxations is to exempt property seouestered for the service of the public. 117 C. 382, 383, 385. Masonic lodges not exempt from taxation. Histmv of exemption statutes re- viewed. 119 C. 57-63. (sub-section 7). To entitle property to exemp- tion from taxation, it must be sequestered from private nse and it must be shown that it is devoted to the public use. 119 C. 107, 112. Sec. 1163 (subdiv. 7). Cited 121 C. 468, 470. SOCIAL WELFARE LAWS OF CONNECTICUT 85 people, one of its counties or its people or one of its municipal corporations or its people; (6) the property of any unit of the Con- necticut National Guard, while being used for military purposes, or for other public purposes; the property of any volunteer fire company used for fire protection or for other public purposes, if such company receives any annual appropriation from the town; and, as long as the owner thereof shall make only a nominal charge not in excess of twenty-five dollars annually for its use, property not owned by a Connecticut municipality wherein the same is situated, provided such property is exclusively used by the public in lieu of public property which would otherwise be re- quired, as authorized by any general statute or special act; shall be exempt from taxation; (7) subject to the provisions of sections 1164 and 1165, the real property of, or held in trust fot, a Con- necticut corporation organized exclusively, for scientific, educa- tional, literary, historical or charitable purposes or for two or more such purposes and used exclusively for carrying out one or more of such purposes and the personal property of, or held in trust for, any such corporation, provided (a) any officer, member or employee thereof does not receive or at any future time shall not receive any pecuniary profit from the operations thereof, ex- cept reasonable compensation for services in effecting one or more of such purposes or as proper beneficiary of its strictly charitable purposes, and provided (b) in 1933, and quadriennally thereafter, a statement on forms prepared by the tax commissioner shall be filed on or before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city, or consolidated town and borough, in which any of its property claimed to be exempt is situated; (8) subject to the provisions of sections 1164 and 1165, property be- longing to, or held in trust for an agricultural or horticultural so- ciety incorporated by this state receiving from the state reimburse- ment in part for cash premiums given at an agricultural or horti- cultural exhibition held by it in the state, provided (a) any offi- cer, member or employee thereof does not receive or at any future time shall not receive any pecuniary profit from the operations thereof except reasonable compensation for services in the con- duct of its affairs, and provided (b) in 1833, and quadrennially thereafter, a statement on forms prepared by the tax commissioner shall be filed on or before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city or consolidated town and borough in which any of its property claimed to be exempt is situated; (9) subject to the provisions of section 1165, tangible and intangible property owned by, or held in trust for, a religious or- ganization, provided such tangible property and the income from such intangible property are used exclusively for cemetery pur- poses; donations held in trust by a municipality, an ecclesiastical society or a cemetery association, the income of which is to be used for the care or improvement of its cemetery, or of one or more private burial lots within such cemetery Subject to the provisions of sections 1164 and 1165, any other tangible property used for cemetery purposes and any other intangible property, the income from which is used for cemetery purposes, shall not be exempt, unless (a) such tangible property or the income from such intangible property is exclusively so used, and (b) any officer, member or employee of the organization owning such property does not receive or at any future time shall not receive any pecu- niary profit from the cemetery operations thereof except reason- able compensation for services in the conduct of its cemetery af- fairs, and (c) in 1933, and quadrennially thereafter, a statement on forms prepared by the tax commissioner shall be filed on or SOCIAL WELFARE LAWS OF CONNECTICUT 86 before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city or consolidated town and borough, in which any of its property claimed to be exempt is situated; (10) personal prop- erty within the state owned by, or held in trust for, a Connecti- cut religious organization, whether or not incorporated, if the principal or income shall be used or appropriated for religious or charitable purposes or both; (11) subject to the provisions of sec- tion 1165, houses of religious worship, the land on which they stand, their pews, furniture and equipment owned by, or held in trust for the use of any Connecticut religious organization; (12) subject to the provisions of section 1165, real property and its equipment owned by, or held in trust for, any religious organization and exclusively used as a school, a parish house, an orphan asy- lum, a home for children, a reformatory or an infirmary or for two or more of such purposes; (13) subject to the provisions of sec- tion 1165, dwelling houses and the land on which they stand own- ed by, or held in trust for, any religious organization and actually used by its officiating clergymen; (14) subject to the provisions of section 1165, all property of, or held in trust for, any hospital so- ciety or sanatorium which is supported wholly or in part by state appropriations; (15) subject to the provisions of section 1165, tan- gible property, owned by, or held in trust for, any Connecticut bona fide veterans’ organization or any of its local posts, which organization shall be composed in whole or in major part of vet- erans of the military or naval service or both of the United States in any way, except the civil war; provided such property shall be actually and exclusively used and occupied by such organization. Tangible property belonging to the Grand Army of the Republic, or owned by, or held in trust for, any local post thereof, shall continue to be exempt from taxation in accordance with the pro- visions of section 1172. Effective April 30, 1937; (16) all moneys used for charitable purposes and owned by, or held in trust for. any Connecticut grand army post or other Connecticut bona fide association of individuals who served in one or more of the com- batant forces of the United States in time of war and were hon- orably discharged therefrom; (17) subject to the provisions of sec- tions 1166 and 1167, property to the amount of three thousand dol- lars belonging to, or held in trust for, any blind person, resident of this state, who shall be in needy circumstances; (18) subject to the provisions of sections 1166 and 1171, property to the amount of three thousand dollars belonging to, or held in trust for, any resi- dent of this state who has served or is serving in the army, navy, marine corps or coast guard of the United States and is receiving a pension, annuity or compensation from the United States because of the loss in service of a leg or arm or that which is considered by the rules of the United States pension office or the bureau of war risk insurance, the equivalent of such loss; (19) subject to the provisions of section 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, any resident of this state who has served in the army, navy, marine corps or coast guard of the United States in time of war, or during the Philippine insurrection or China relief expedition, Mexican ex- pedition or Nicaraguan expedition, and received an honorable dis- charge therefrom, any veteran of any of said wars or campaign, who is still in the service and by reason of continuous service has not as yet received a discharge, or who, being a veteran of any war or of the Philippine insurrection or of the China relief expedi- tion, Mexican expedition or Nicaraguan expedition, retired from the army, navy, marine corps or coast guard service after thirty years of service on account of having reached the age limit pre- scribed by law or from mental or physical disability, or who is SOCIAL WELFARE LAWS OF CONNECTICUT 87 serving in the army, navy, marine corps or coast guard of the United States in time of war; or lacking said amount of property in his own name, so much of the property belonging to, or held in trust for, his wife as shall be necessary to equal said amount; (20) subject to the provisions of sections 1166 and 1171, during her widowhood, property to the amount of one thousand dollars be- longing to, or held in trust for, any widow, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States in time of war and has died either during his term of service or after receiving an honorable dis- charge therefrom; (21) subject to the provisions of sections 1166 and 1171, property to the amount of one thousand dollars belong- ing to, or held in trust for, any widow, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States, which widow is receiving a pension, annuity or compensation from the United States; (22) subject to the provisions of section 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, a widowed mother, resident of this state, of one who has left no widow and who has served in the army, navy, marine corps or coast guard of the United States in time of war and has died during his term of service or after receiving an honorable discharge therefrom; (23) subject to the provisions of sections 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, any father or mother, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States as long as such father and mother shall receive a pension, annuity or compensation from the United States; (24) fuel and provisions for the use of any family; (25) household fur- niture, used by and belonging to any family, to the value of five hundred dollars; (26) private libraries and books to the value of two hundred dollars; (27) musical instruments, inclusive of radios, used by and belonging to any family, to the value of twenty-five dollars; (28) watches and jewelry used by any individual to the value of twenty-five dollars; (29) all other wearing apparel of every person and family; (30) fishing apparatus actually used in the main business of any person or company to the value of two hundred dollars; (31) tools of a mechanic, actually used by him- self in his trade, to the value of two hundred dollars; (32) farm- ing tools actually and exclusively used in the business of farming on any farm to the value of two hundred dollars; (33) produce of a farm, actually grown, growing or produced during the season next preceding assessment day, including colts, calves and lambs, while owned and held by the producer or by a co-operative mar- keting corporation organized under the provisions of chapter 194, when delivered to it by such producer; (34) sheep and Angora goats owned and kept in this state to the value of one hundred dollars; (35) swine to the value of fifty dollars; (36) poultry to the value of twenty-five dollars; (37) cash on hand or on deposit. Ef- fective April 7, 1937; (38) bonds issued by the state of Connecti- cut in accordance with any general statute or special act which provides for exemption from taxation; (39) bonds in the hands of the holder thereof issued by any town or city in aid of the con- struction of the railroads of the Connecticut Western Railroad Company, the New Haven, Middletown and Willimantic Railroad Company, the Shepaug Valley Railroad Company, the Connecticut Valley Railroad Company, the Connecticut Central Railroad Com- pany, or any of them, to provide or raise money to pay for stock of any of said companies subscribed for by such town or city. When any town or city in this state shall have issued bonds under the provisions of the statutes for the purpose of redeeming or pro- viding a fund to redeem its bonds originally issued in aid of the 88 SOCIAL WELFARE LAWS OF CONNECTICUT construction, of any railroad, and which were exempt from taxa- tion, or for redeeming or providing a fund to redeem any reissue of the same, such bonds and the amount invested therein shall be exempt from taxation in the hands of the holders thereof, in the same manner and to the same extent as the original bonds and the amounts invested therein, and no direct, indirect or franchise tax shall be assessed thereon. 929, C. 24, 5. 2.3 Sec. 1164. Additional report. Property, when taxable. Dur- ing any year for which a report is not required by subdivisions (7), (8) and (9) of section 1163, a report shall be filed during the time prescribed by law for the filing of assessment lists next suc- ceeding the acquiring of property not therefore made exempt by said subdivisions. Property otherwise exempt under any of said subdivisions and this section shall be subject to taxation until the requirements of said subdivisions and of this section have been complied with. 927, C. 319. 5.2 Sec. 1165. When properly otherwise taxable may be com- pletely or partially exempted.. .Real property belonging to, or held in trust for, any organization mentioned in subdivision (7), (8), (9), (11), (12), (13), (14), or (15), of section 1163, which real prop- erty is so held for one or more of the purposes stated in the ap- plicable subdivision, and from which real estate no rents, profits or income are derived, shall be exempt from taxation though not in actual use therefor by reason of the absence of suitable build- ings and improvements thereon, if the construction of such build- ings or improvements shall be in progress. The real property be- longing to, or held in trust for, any such organization, not used exclusively for carrying out one or more of such purposes but leased, rented or otherwise used for other purposes, shall not be exempt. If a portion only of any lot or building belonging to, or held in trust for, any such organization shall be used exclusively for carrying out one or more of such purposes, such lot or building shall be so exempt only to the extent of the portion so used in the remaining portion shall be subject to taxation. 127, C. 319, 137. S. 241d Sec. 1166 as amended by Sec. 329e. Assessors io determine exemptions. The board of assessors of each town, consolidated town and city or consolidated town and borough shall inspect the statements filed with it and required by sections 1163 and 1164 from scientific, educational, literary, historical, charitable, agri- cultural and cemetery organizations, shall determine what part, if any, of the property claimed to be exempt by the organization shall be- in fact exempt, and shall place a valuation upon all such property, if any, as shall be found to be taxable. Any organiza- tion filing a tax exempt statement, aggrieved at the action of the board of assessors, may appeal, within the time prescribed by law for such appeals, to the board of relief. Any such organization claiming to be aggrieved by the action of the board of relief may, within two months from the time of such action, make application in the nature of an appeal therefrom to the superior court of the Sec. 1163. Property held by trustee under instructions to apply it to a certain public purpose, but not yet so used, is not exempt under subdivision (5). 125 C. 129. Sec. 1163. (11) and (13). Property used as a place of temporary sojurn for spiritual rest and refreshment not within the exemption of subdivision (11) or (13). 125 C. 52, 60. Sec. 1165. See note to section 1163. Sec. 1165. Cited. 125 C. 59. SOCIAL WELFARE LAWS OF CONNECTICUT 89 county in which such town, city or borough is situated. No in- dividual entitled to exemption under two or more subdivisions (17' to (23), inclusive, of section 1163, of section 370c and 371c and of section 328e shall receive more than one exemption. Sec. 1167. Proofs fo be filed by blind. No individual shall receive any exemption to which he is entitled by subdivision (17) of section 1163 until he or his duly authorized agent or attorney shall have given proof satisfactory to the board of assessors that he is blind and is in needy circumstances. No such blind person, not a resident of a town in which he is seeking exemption, shall receive the exemption to which he is entitled by subdivision (17) of section 1163 until he shall have complied with the provisions of section 1169. 1927,C. 319. S.4 Sec. 1169 as amended by Sec. 331e. Exemption of soldiers and blind persons, where made. The exemptions granted in sections 1163, 370c, 371c and 328e to soldiers, sailors, marines and members of the coast guard and the wives, widows, fathers and mothers, and to blind persons, shall first be made to the town in which the person entitled thereto resides, and any person asking such ex- emption in any other town shall annually make oath before, or forward his or her affidavit to, the assessors of such town, de- posing that such exemptions, if allowed, will not, together with any other exemptions which may have been granted under such statutes, exceed the amount of exemption thereby allowed to such person. The assessors of each town shall annually make a cer- tified list of all persons who are found to be entitled to exemption under the provisions of such statutes, which list shall be filed in the town clerk’s office, and shall be prima facie evidence that the persons whose names appear thereon and who are not required by law to give annual proof are entitled to such exemption so long as they shall continue to reside in such town; but such assessors may at any time require any such person to appear before them for the purpose of furnishing additional evidence. 1918, S. 1164 1937. S. 243d Sec. 1206. Abalemenl of taxes. The selectmen of towns, the mayor and aldermen of cities, the warden and burgesses of bor- oughs and the committees of other communities may abate the taxes assessed by their respective communities upon such persons as are poor and unable to pay the same, and shall present to each annual meeting of their respective communities a list of all per- sons whose taxes they have abated in the preceding year. 1918. S. 1289 Sec. 1230. Poor debtor's oalh. When any person committed to jail by the collector for the nonpayment of any tax, except a personal tax, shall be poor and unable to pay it, he may apply to take the poor debtor’s oath, giving the requisite notice to the may- or or warden or one of the selectmen or committee of the com- munity laying such tax; and, if he shall be admitted to take such oath, the community shall pay such collector the amount of the tax, and the costs occasioned by the commitment therefor, if made within eight months after the time when such tax became pay- able. 1918, S. 1312 Sec. 1255. Town almshouse property taxable for schoolhouse. When any school district having within its boundaries a town alms- house and farm shall impose any tax for the purpose of building or repairing its schoolhouse, such real estate owned by such town shall not be exempt from such taxation. 1918.S. 1324 Sec. 1358. Exemptions. No provisions of this chapter shall be construed to apply to the giving of any performance exclusively for the benefit of (a) any religions, educational or charitable in- 1927. C. 318, S. 7 1929, C. 235, S. 7 90 SOCIAL WELFARE LAWS OF CONNECTICUT stitution, society or organization, or organization whose member- ship is composed solely of soldiers, sailors, marines and members of the coast guard who are or have been in the service of the United States, or the women’s auxiliary units thereof; (b) societies for the prevention of cruelty to children or animals; (c) organiza- tions conducted for the sole purpose of maintaining symphony or- chestras and receiving substantial support from voluntary contri- butions; (d) organizations conducted for the sole purpose of im- proving any municipality; (e) organizations maintaining a co-op- erative or community center theater, none of the profits of which shall be distributed to members of such organizations; (f) persons in the military or naval forces of the United States or of this state, or persons who shall have served in such forces and shall be in need; (g) volunteer fire companies; (h) any grange, lodge or fraternal organization. No provision of this chapter shall be con- strued to apply to any agricultural association conducting an agri- cultural fair, none of the profits of which shall be distributed to the stockholders or members of the association conducting the same. Voters of School Districts 1918, S. 934. 935, 940 Sec. 986. Legal voters of school district. The legal voters ol a school district shall consist only of the legal voters of the town or towns in which such district is situated who have resided in such school district for the period of four months next preceding. No inmate of the almshouse of any town, other than the officers and employees of the town residing therein, shall vote at any school meeting of the district wherein such almshouse is situated, unless a resident of such district at the time of his becoming such inmate. Any person who shall vote illegally in any school dis- trict meeting shall be fined not more than thirty dollars. Sec. 1255. This section implies that poorhouses are not otherwise taxable. 91 C. 590. Ch. 53. All of the sections of this chapter apply only to those towns which have not consolidated their school districts. 122 C. 37-47. SOCIAL WELFARE LAWS OF CONNECTICUT 91 Assistance for the Aged Sec. 608e. New slatule. Sec. 433h. Establishment of an old age assistance fund. All receipts derived under the provisions of this chapter shall be payable into and become a part of the old age assistance fund. No expenditures shall be made from the old age assistance fund except for purposes specifically authorized by the provisions of this chapter. When any appropriation made to finance any payments authorized by section 390g or by section 614e shall be determined t9 be insufficient for any one of such purposes, the governor may add to any such appropriation from the unappropriated resources of the old age assistace fund the amount determined to be required to make such payments in full. If, at any time, the cash resources of the old age assistance fund shall be determined to be insufficient to pay in full the anticipated or accumulated claims against such fund, the governor may trans- fer from the unappropriated resources of the general fund the amount estimated to be required to pay such claims in full. 1939. S. 608e 1943. S. 389b 1945 Sec. 293f. Chapter 99a is amended by striking out the words “bureau of old age assistance”, wherever they occur, and inserted in lieu thereof, the words “commissioner of welfare”, and by strik- ing out the word “bureau” whenever it occurs and inserting in lieu thereof the words “commissioner of welfare”, and by striking out the words “it” and “itself” wherever they occur as referring to “bureau of old age assistance” or “bureau” and inserting in lieu thereof the word “him” or “himself” whichever is appropriate Ch. 99a 1935 1937 1939 1941 Sec. 730c. New statute. Sec. 431h. Eligibility. Any person shall be eligible for an old age assistance award who (a) has attained the age of sixty-five years; (b) has not sufficient means to support him- self on a reasonable standard of health and decency, and has no person legally liable and able so to support him; (c) is a citizen of the United States and a resident of Connecticut who has resided therein five years during the nine years immediately preceding the date of his application for an award and has resided therein con- tinuously for one year immediately preceding such date; (d) is not an inmate of an almshouse or other public institution; (e) has not made an assignment or transfer or other disposition of prop- erty without reasonable consideration or for the purpose of qual- ifying for an award; (f) is not serving a sentence in a penal in- stitution, or lodged in a jail while bound over from a lower court for trial. See Appendix (XXIV), and (XXV). 1935 1937, S. 607e 1941, S. 294f 1945 Sec. 731c. New statute. Sec, 434h. Amount, (a) The maxi- mum amount which may be awarded to a beneficiary under an old age assistance award made under this chapter shall be forty dollars per month, provided, in cases where said maximum amount is insufficient to furnish necessary medical or hospital treatment to a beneficiary, the commissioner of welfare shall order the pay- ment of such additional costs of medical care, in excess of said forty dollars per month, as he shall deem necessary and reason- able, and such additional cost of hospitalization as will amount to four dollars per day. (b) Upon the death of a beneficiary, the commissioner of welfare may order the payment of a sum not to exceed one hundred dollars as an allowance toward the funeral expenses of such deceased beneficiary, unless such deceased left sufficient estate to provide a proper burial, and in addition may order the payment of a sum not to exceed twenty-five dollars for the cost of a burial lot, the opening of the grave and other ceme- tery charges or cremation expense. 1935 1 Q77 1939, S. 609e 1941, S. 295f 1943, S. 390g 1945 92 SOCIAL WELFARE LAWS OF CONNECTICUT 936, S. 732c 941,S, 2931 945 Sec. 732c. New statute. Sec. 435h. Inmate of an institution. No award shall be made to an inmate of an almshouse or other public institution, but any person otherwise eligible residing in an almshouse or other public institution may make application for an award, if the commissioner of welfare shall find, after investiga- tion, that such applicant is eligible to receive an award and can be adequately and properly maintained outside of an institution, he may make an award, provided payment thereof shall not begin until such applicant shall be residing outside of such almshouse or other public institution and the commissioner of welfare shall be duly notified thereof. See Appendix (XXVI). 935 937, S. 610e 941 Sec. 733c as amended by Sec, 296f. Interest vn real estate, (a) No person shall be deemed to be ineligible to receive an award by reason of having an interest in real property. *** Any lien now existing upon real estate now or formerly owned by any old age assistance beneficiary shall be released by the commissioner upon payment of the amount by it secured, or of an amount equal to the value of the beneficiary’s interest in such property if the value of such interest shall be less than the amount secured by such lien, at his discretion, and with the advice and consent of the attorney general, upon a compromise of the amount due the state, (b) No person shall be deemed to be ineligible to receive an award by reason of insurance carried on his life by himself or legally liable relatives, or having a joint interest in a bank account or owning other personal property, provided such insurance policy or such joint interest or such other personal property shall be as- signed if in excess of five hundred dollars to said commissioner, if required by him. Said commissioner shall have authority to determine the amount of any such joint interest. See Appendix (XXVII). qTK 937, S. 6Iile 947 Sec. 734c as amended by Sec. 297f. Commissioner of welfare io administer this chapter. The commissioner of welfare shall adopt such rules and regulations as are necessary to enable him to carry out the provisions of this chapter, and, so far as is con- sistent with said provisions, such rules and regulations as may be necessary for receiving grants from the federal government to this state, provided the absence of any such rule or regulation would result in the loss of such federal grants. The commissioner of welfare shall employ such directors, investigators, field workers and other assistants as may be necessai’y for a proper administra- tion and shall determine their powers and duties. If, by act of congress or otherwise, the federal government shall grant finan- cial assistance to this state for direct payment of the costs of medi- cal care of beneficiaries, to those furnishing such services, then the commissioner of welfare is authorized, with the approval of the governor, to make such direct payments from state and said federal funds for such medical care. The commissioner of welfare shall promulgate such rules and regulations as may be necessaxw to insure a proper administration of such plan. The commissioner of welfare shall establish and enforce reasonable rules and regula- tions governing the custody and use of the records, papers, files and communications concerning persons applying for or receiving assistance under this chapter. Wherever under provisions of lav. names and addresses of recipients of old age assistance and assist- ance to the blind are furnished to or held by any other agency or department of government, such agency or department of govern- ment shall be required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not di- rectly connected With the administration of old age assistance and (610e). Cited. 125 C. 165. SOCIAL WELFARE LAWS OF CONNECTICUT 93 assistance to the blind. It shall be unlawful, except for purposes directly concerned with the administration of old age assistance and assistance to the blind, and in accordance with the rules and regulations of the commissioner of welfare, for any person or per- sons to solicit, disclose; receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of, any list of, or names of, or any information concerning persons apply- ing for or receiving such assistance, directly or indirectly derived from the records, papers, files or communications of the state or its sub-divisions or agencies, or acquired in the course of the per- formance of official duties. Sec. 735c. Duties of Commissioner of Welfare. The commis- sioner of welfare shall furnish forms for the use of applicants, lo- cal officials and himself; and shall establish and maintain a sys- tem of records and accounts which shall show the number of ap- plications and the disposition of the same, the record of payments made to each recipient of an award and such other information as may be necessary for the proper operation and administration of this chapter and as the rules and regulations of the United States government may require if the United States government shall make contributory allotments of federal funds to the state of Connecticut for old age assistance extended under the provi- sions of this part. 1935 1941 Sec. 736c as amended by Sec. 298f. Application for aid. Ap- plication for old age assistance shall be made to the local officer of the town in which the applicant resides. The term “local offi- cer” shall mean the public official charged with the administration of public assistance in any town, city or borough. All statements in the application shall be sworn to by the applicant, who shall be the person to receive the benefit of the award. Upon applica- tion so made, the local officer shall immediately forward such ap- plication to the commissioner of welfare. See Appendix (XXVIII). 1935, S. 736c 1941 Sec. 737c as amended by Sec. 299f. Investigation. The com- missioner of welfare, upon receipt of an application for an award, shall investigate the same and shall grant an award only if he shall find the applicant eligible therefor, in which case he shall grant an award in such amount, not exceeding the maximum amount allowed by this chapter, as shall be needed in order to enable the applicant to support himself on a reasonable standard of health and decency. The commissioner shall, in determining need, take into consideration any available income and resources of the individual claiming assistance. The commissioner shall make periodic investigations to determine the continuing eligi- bility of the beneficiary and may, at any time, modify, suspend or discontinue any award previously made when such action shall be necessary in order to carry out the provisions of this chapter. The commissioner shall notify the applicant or beneficiary, as the case may be, of any decision, whether made with or without a hearing, denying, granting, modifying, suspending or discontinu- ing an award, by mailing him a copy thereof within seventy-two hours after its rendition. 1935, S. 737c 1941 Sec. 738 as amended by Sec. 293f. Incapable applicant. If the commissioner of welfare shall determine that an applicant or beneficiary is incapable of taking care of himself or his money, he may order the payment of the award to a legally appointed conservator of such applicant or beneficiary. 1935 1937, S. 612® 1941 (613e). Undertaker who performed funeral services for a bene- ficiary under this act is an “applicant” within the meaning of this sec- tion. 125 C. 160. 94 SOCIAL WELFARE LAWS OF CONNECTICUT 1935 1937, S. 613e 1041 Sec. 739c as amended by Sec. 293f and Sec. 300f. Hearing. Appeal. Any applicant or beneficiary aggrieved by a decision of the commissioner of welfare made without a fair hearing may make application in writing to the commissioner of welfare for a hearing and shall state, in such application, in simple language, the reasons why he claims to be aggrieved. Such application for a hearing shall be mailed to the commissioner of welfare within ten days after the rendition of such decision. The commissioner of welfare, upon receipt of such application, shall hold a fair hearing, and shall, at least ten days prior to the dates set for such hearing, mail a notice, giving the time and place thereof, to the applicant or beneficiary and to the local officer of the town in which such applicant resides. After such hearing, the com- missioner of welfare shall render a final decision, which shali supersede the decision made without a hearing, and of which final decision notice shall be given the applicant for hearing as herein- before provided. Such decision after hearing shall be final except that the applicant for such hearing, if aggrieved, may appeal therefrom, within thirty days from the date of its rendition, to the superior court for the county wherein he resides, in accordance with the provisions of section 5465. No appeal may be taken from a -decision made without a hearing. See Appendix (XXIX). 1935, s. 740c 1941, S. 2931 1943 Sec. 740c as amended by Sec. 391g. Conducl of hearing. The commissioner of welfare, or any person by him designated to hold a hearing, shall have the power to compel, by subpoena, the at- tendance and testimony of witnesses and the production of books and papers at any such hearing, and all witnesses shall be ex- amined under oath, which may be administered by said commis- sioner or by the person so designated to hold the hearing. 1935, S. 741c 1941 Sec. 741c as amended by Sec. 301f. Payment of awards. Pay- ment of each award shall be made by the commissioner at such regular intervals as shall be determined by said commissioner di- rectly to the beneficiary or to the person named under section 612e to receive payment for the benefit of the beneficiary, and the comptroller shali draw his order on the treasurer, from time to time, for such part of the old age assistance fund as may be need- ed in order to enable the commissioner to make such payments. See Appendix (XXX). 1935,S. 742c 1941 Sec. 742c as amended by Sec. 293f. Property of beneficiary. If a beneficiary, or the husband or wife, or any child or other person legally liable to support such beneficiary, shall receive, in any calendar year, property of an aggregate value in excess of one hundred dollars, such beneficiary, immediately upon obtaining knowledge of such receipt of such property, shall notify the com- missioner of welfare thereof. The provisions of section 1725 shall be applicable with respect to any person applying for, or receiv- ing, an old age assistance award. 1935 1937, S. 614e 1941, S. 302f 1943 Sec. 743c as amended by Sec. 392g and 393g, Claim of state. (a) If, after an award has been made, it shall be found that the beneficiary has sufficient means to support himself on a reasonable standard of health and decency, or that, subsequent thereto, he has acquired such meansi, the state of Connecticut shall have a claim, which shall have priority over all unrecorded incum- brances, against such beneficiary for the full amount paid to him under this chapter. Any sums paid any beneficiary as a result of any false statement, misrepresentation or fraudulent, conceal- ment by him, or by any person legally liable for his support, may be recovered in double their amount in an action brought by the state against such beneficiary or such other person or both, (b) SOCIAL WELFARE LAWS OF CONNECTICUT 95 Upon the death of a beneficiary, the state shall have a claim against his estate, for all amounts paid to him under the provi- sions of this chapter. *** Such claim shall have priority over all unsecured claims against such estate, except (1) administrative expenses, including probate fees and taxes, (2) funeral expenses not to exceed two hundred dollars and the cost of a burial lot, the opening of the grave and other cemetery expenses, or cremation expenses, not to exceed fifty dollars, and (3) expenses of last sick- ness not to exceed three hundred and seventy-five dollars, (c) The attorney general shall collect any claim which the state may have hereunder against any person, or his estate, and any amount recovered shall be paid to the state treasurer, to be placed to the credit of the old age assistance fund. The statute of limitations shall not apply to any action for such collection. In each case in which the state shall have collected from the estate of any recip- ient of old age assistance any amount with respect to old age as- sistance furnished him, one-half the net amount so collected shall be promptly paid to the United States, if required as a condition of federal financial participation, (d) Any person, who, by means of an intentionally false statement or misrepresentation or by im- personation or other fraudulent act or device, shall obtain, or at- tempt to obtain, or aid or abet any person to obtain, any award hereunder to which he is not entitled; and any person who, with intent to defraud, shall buy or aid or abet in buying or in any way disposing of the property of a person receiving an award, without the consent of the commissioner of welfare; and any per- son who shall violate any other provision of this part, shall be fined not more than two hundred dollars or imprisoned not more than six months or both. When a person receiving assistance shall be convicted of an offense under this section, the commissioner of welfare shall discontinue his award if such action has not already been taken. See Appendix (XXX). (XXXIa). Sec. 432h. Estates of persons who receive old age assistance. When any person who has received grants under the provisions of this chapter dies leaving personal estate not exceeding five hun- dred dollars in value, the commissioner of welfare, unless some other person interested in such estate takes out administration thereon within ninety days after such death, may take such estate and dispose of it in accordance with the provisions of sections 250f, as amended by section 369g, and section 25If. 1945 Sec. 744c (a) as amended by Sec. 293f. Administrative ex- penses. The costs of awards made under this chapter, as well as the costs of its administration, shall be borne entirely by the state of Connecticut, except that any federal contributions shall be pay- able into, and become a part of, the old age assistance fund and the commissioner of welfare is directed to accept such contribu- tions, to co-operate with the federal government in procuring such contributions, to submit to the federal government such informa- tion and reports as it may require and to verify the accuracy of the same in such manner as said government may, from time to time, require. 1935 1937, S. 615e 1941 Sec. 744c (b) as amended by Sec. 293f. Use of public build- ings. The commissioner of welfare may use any available space in any public building of the state or any subdivision thereof for the purpose of holding a hearing or investigation. il935 1937, S. 616e 1941 Sec. 745c. Awards inalienable. Each award shall be abso- lutely inalienable by assignment, sale, attachment, execution or otherwise. 1935 96 SOCIAL WELFARE LAWS OF CONNECTICUT 1935 Sec. 746c. Removal from state. Each award under the pro- visions of this part is, and shall be held, subject to the provisions of any amending or repealing act that may hereafter be passed, and no beneficiary or other person shall have any vested right to any award. No award shall continue after the removal of the beneficiary from this state, but occasional absences for short pe- riods need not be deemed by the commissioner of welfare to con- stitute a removal. 1937. S. 617e 1941 Sec. 617e as amended by Sec. 303f. Aid fo the blind, (a) The provisions of this chapter are extended and made applicable to needy blind individuals, regardless of their age, who in other re- spects comply with the provisions hereof, (b) Blindness shall be defined to mean total and permanent loss of sight in both eyes, or the reduction to one-tenth or less of normal vision with glasses. The commissioner of welfare is empowered to define blindness in terms of ophthalmic measurement. IM2 Sec. 304f. Reciprocal agreements. The commissioner is authorized to enter into reciprocal agreements with other states under the provisions of this chapter. 1937, S, 618e 3941 Sec. 618e as amended by Sec. 306f. Old age assistance tax. (a) Whenever used in this part, unless the context shall otherwise require, the word “town” shall mean any town, consolidated town and city or consolidated town and borough of the state; the word? “actual population” shall mean the population as last determined by the bureau of the census of the department of commerce of the United States, (b) In addition to the taxes provided by chap- ter 66 and to any other taxes, an annual state tax of two million two hundred and twenty-five thousand dollars is imposed upon the towns of the state. Each town shall pay its share of said tax on or before the first day of April of each year, (c) Said tax shall be apportioned to and paid by each town in the state in the proportion which the population of such town bears to the total population of the state according to the last preceding United States census, provided the tax commissioner, in estimating the population of any town, shall deduct from its actual population the number of inmates of one or more state and other public institu- tions not drawing upon local areas and the number of persons in New London crews of vessels not residents of the town of New London, which inmates and crews shall have been included in the actual population of any such town. 1935, S. 749c 1941 Sec. 749c as amended by Sec. 305f. Repeal of provisions, (a) “Personal tax” defined. Wherever used in this section, unless the context shall otherwise require, the words “personal tax” shall in- clude not only the two-dollar personal tax itself but also any part thereof and any interest, penalty, fees and charges which have been added thereto, (b) Conditional repeal. Chapter 64 of the general statutes as amended by sections 351b, 352b and 353b of the 1933 supplement and all other acts or parts of acts, whether pub- lic or private, which are inconsistent with the provisions of this part are repealed, but such repeal shall not affect the obligation of any collector or other person to pay to his municipality or to the proper authority any personal tax which may have been col- lected or otherwise received by him. (c) Uncollectible after July 1, 1941. Any personal tax which shall not have been collected prior to July 1, 1941, shall be uncollectible on and after said date and shall not thereafter be included as an asset of any municipal- ity. Neither the tax collector nor his surety or sureties shall be liable for any personal tax which shall not have been collected prior to July 1, 1941, and it shall not be necessary to transfer any SOCIAL WELFARE LAWS OF CONNECTICUT 97 uncollected personal tax, which shall have become uncollectible pursuant to the provisions of this section, to the suspense tax book. Sec. 750c. Stale tax. In addition to the taxes provided by chapter 66 and any other taxes, an annual state tax, beginning with the year 1936, is imposed upon the several towns of the state of two million one hundred thousand dollars. Said tax shall be paid on or before April 1, 1936, and annually thereafter. 1935 Sec. 751c. Apportionment. Said tax shall be appoi’tioned to and paid by each town in the state in the proportion which the population of such town bears to the total population of the state according to the last preceding United States census. See Appen- dix (XXXII). 1935 Sec. 619e. Application. Sections 750c and 751c shall be inap- plicable to old age assistance taxes which became due after June 30, 1937. Sections 752c to 756c, inclusive, shall apply to taxes im- posed under the provisions of Section 618e. 1937,S 403<1 Sec. 752c. Determination of tax. On or before the first day of January, 1936, and annually thereafter, the tax commissioner shall determine the amount of tax which each town shall be re- quired to pay and shall send written notice to the treasurer of such town stating such amount. The determination of the tax commissioner shall be final. 1935 Sec. 753c. Responsibility of selectmen. The selectmen of each town other than a consolidated town and city or consolidated town and borough, and the chief executive authority of a con- solidated town and city or consolidated town and borough, shall cause the amount of such tax imposed upon such town to be paid to the state on or before April 1, 1936, and in each year there- after, and, if any town shall not pay such tax at such time, the state treasurer shall issue an execution, returnable in sixty days, against the estate of it& selectmen or chief executive authority, as the case may be, for the sum due, directed to the sheriff of the county in which such town is situated. 1935 Sec. 754c. Execution against town. If such execution shall be returned unsatisfied, the treasurer shall forthwith issue an ex- ecution, returnable in sixty days, for the sum remaining due on such tax, with the officers’ fees and charges before that time ac- cruing, against the estate of the inhabitants of such town, to be di- tected as provided in section 753c. 1935 Sec. 755c. Sale for fax. When any estate shall be taken on an execution issued for the collection of such state tax due from any town, any justice of the peace of an adjoining town, on ap- plication of the owner, shall appoint three disinterested electors, of such adjoining town to appraise such estate; and its appraised value, if sold on such execution, shall be paid to such owner by the town from which such taxes were due, with such further dam- ages as shall be just and reasonable. 1935 Sec. 756c. Interest on delayed payments. The tax provided by this part due to the state shall be liable to interest at nine per cent per annum when payment of the same shall have been de- layed more than thirty days after April first in the year 1936, and in each year thereafter, provided the minimum amount of inter- est on such tax shall be five dollars. In the event of non-payment, which fact shall forthwith be certified by the treasurer to the tax commissioner and to the comptroller, in addition to other reme- 1935 98 SOCIAL WELFARE LAWS OF CONNECTICUT dies, the amount of such tax, with any interest thereon, may be deducted by the comptroller from any state grant to which such town is entitled. 1935 1937, S, 404d 1943 Sec. 757c as amended by Sec. 394g. Collection. Each person between the ages of twenty-one and sixty years, inclusive, except honorably discharged veterans, disabled as a result of service, to a compensable degree, and except as otherwise provided by sec- tion 761c, shall, annually, pay an old age assistance tax of three dollars. Said tax shall be collected by the property tax collector in each of the several towns or by a person appointed by him, at such compensation as may be fixed by the chief executive authority of such town. The chief executive authority of each town shall, annually, cause to be made, by one or more canvassers appointed by him, a list of all persons between the ages of twenty- one and sixty years, inclusive, residing in such town on the first day of October, and shall lodge such list in the town clerk’s office for public inspection, on or before the first day of December fol- lowing, except in the towns of Milford and Torrington where such list shall be so lodged on or before thirty-first day of December following the making of such list. Appendix (XXXIII), (XXXIV) and (XXXV). 194.' Sec. 395g. Definitions. When used in this act the words “armed forces” shall include the army, navy, marine corps, coast guard, or merchant marine of the United States, or any women’s auxiliary organized pursuant to an act of congress and affiliated with one of said branches of the service. The word “collector” shall mean the person in each town, consolidated town and city, and consolidated town and borough charged with the duty of col- lecting the old age assistance tax provided for in section 394g. 194? Sec. 396g. Exemption and proof. Each person residing in this state in the armed forces, either within or without the state, on or after October 16, 1940, shall be exempt from the payment of any old age assistance tax becoming due and payable during his term of service within the limitations of this act, provided he shall furnish satisfactory proof of such service and of the date of his enlistment or induction to the collector. Satisfactory proof shall consist of the following: (1) A notice in writing to the col- lector signed by the person claiming exemption and attested to by his commanding officer, evidencing actual service and the date of the claimant’s enlistment or induction; or (2) a statement in writing from the local draft board or any other duly constituted state or federal agency which maintains an official list of persons in the armed forces, containing information that such person is actually in such service and the date of his induction or enlist- ment; or (3) a sworn statement in writing signed by a member of the claimant’s family who resided in his household at the time of his induction or enlistment, attesting to the facts of his actual service and the date of such induction or enlistment; or (4) two sworn statements in writing attesting to the actual service of the claimant and the date of his induction or enlistment, signed by persons having personal knowledge of such facts. Upon receipt of such sworn statements the collector may further require the persons signing the same to be examined under oath concerning such facts, and the collector may take the acknowledgement under oath of all persons signing sworn statements for the purposes of this act and no fee shall be charged for the same; or (5) when any collector knows of his own knowledge of the actual service in the armed forces of any person residing in the town for which he is collector, and the date of his induction or enlistment, such per- sonal knowledge shall be considered satisfactory proof that such person is entitled to exemption. SOCIAL WELFARE LAWS OF CONNECTICUT 99 Sec. 397g. Application for exemption. Upon receipt of such proof the collector shall make a list of the names of persons en- titled to exemption, with a notation as to the date of enlistment or induction, and certify the same to the chief executive authority, who shall promptly cause the old age assistance yearly rate book or books to be marked accordingly, granting an abatement to those who were certified as entitled to exemption on old age assistance taxes that became due subsequent to October 16, 1940, and delet- ing from the current and appropriate succeeding rate books the names of those having thus established their right to exemption during such time as this act remains in effect. 1943 Sec. 398g. Refund of faxes paid. Any person who has so es- tablished his right to exemption and who has previously paid an old age assistance tax, on which he is entitled to an exemption by the provisions of this act, shall be entitled to a refund of any moneys so paid including any money paid as a penalty imposed by section 621e of the 1939 supplement to the general statutes, up- on submitting an application in writing to the collector containing a statement of the amount of refund claimed and a recital of the facts upon which the claim is based. The amount of such refund shall be determined by such collector and certified to the board of selectmen of a town, or the corresponding authority of a city or borough or any consolidation thereof, who shall draw an order in favor of such person or any other person having paid the tax in his behalf. In the case of a person other than the person en- titled to exemption claiming a refund, the written application for such refund shall be sworn-to under oath. 1943 Sec. 400g. Proof of exemption of one thousand dollars on property, already established, to be sufficient. Any proof of ex- emption already established by any such claimant for exemption on property by reason of service in the armed forces in the second v/orld war shall be considered as the establishment of satisfactory proof for exemption from payment of the old age assistance tax. 1943 Sec. 40lg. Failure to furnish proof while in service. Any person who has been unable to receive the exemption herein pro- vided while in the service of the armed forces and who has re- ceived an honorable discharge therefrom, may obtain the benefit of such exemption by personally applying to the collector and fur- nishing him with the necessary facts to establish his right to ex- emption. Upon the submission of such facts his claim for exemp- tion shall be treated in the same manner as if satisfactory proof had been established during his term of service, and the provisions concerning exemption and refund shall thereupon be applicable to him during such term of service. 1943 Sec. 402g. New statute. Sec. 437h. Tax exemption for members of the armed forces. Any person who has qualified for and re- ceived the exemption provided for in sections 395g through 401g, inclusive shall continue to be exempt from the payment of the tax provided for in section 394g if he files an honorable discharge or a certified copy thereof after at least ninety days’ service in the armed forces with the town clerk, and files a copy of his recepit for the same with the tax collector of the town in which he resides, provided such receipt shall be filed with the collector not later than three years from the date of such honorable discharge. Such collector shall thereupon make a record of the same and shall cer- tify to the chief executive authority of such town the continuance of any such exemption, who shall cause the appropriate old age assistance yearly rate book to be marked accordingly. 1943, S. 402g 1945 100 SOCIAL WELFARE LAWS OF CONNECTICUT ms Sec. 438h. Refunds. The provisions of section 398g regard- ing refunds shall apply to any person who has previously paid an old age assistance tax on which he is entitled to an exemption under the provisions of Sec. 437h. 1945 Sec. 439h. Validation of exemptions previously granted. Any action taken by a collector or officer of any town, city or borough or any consolidation thereof, prior to July 1, 1945, wherein an ex- emption was granted to a member of the armed forces on an old age assistance tax due and payable subsequent to October 16, 1940, is validated. 1935 Sec. 758c. False information. Any person who shall know- ingly or wilfully refuse information or give false information to any canvasser respecting any fact pertinent to the purposes of compiling such list as to himself or any member of his family or his ward or any person in his employ or rooming or boarding with him, shall be fined not more than two hundred dollars or impris- oned not more than six months or both. 1935,8. 759c 1939 Sec. 759c as amended by Sec. 62le. Assessment. The word “town”, wherever used in this act, shall mean each town and con- solidated town and city and each consolidated town and borough. The chief executive authority of each town shall cause to be pre- pared a rate bill assessing, except for such honorably discharged veterans as shall be exempt under the provisions of section 620e of the 1939 supplement to the general statutes, an old age assist- ance tax of three dollars on each person whose name shall appear on the list provided for in said section 620e, and may, at any time thereafter, correct such rate bill by adding thereto the names of any persons erroneously omitted and by erasing therefrom the names of any persons erroneously added thereto or included there- in. Such tax shall be due and payable on the first day of Febru- ary of each year thereafter. If any such tax shall not be paid in full on or before the first day of March next succeeding its original due date, there shall be added thereto the sum of one dollar, which amounts shall become thereupon a part of such tax and shall be collectible in the same manner as though originally a part thereof. The collector shall keep an accurate account, show- ing such additions, and shall pay the same to the treasurer with, and as a part of such tax. Section 759c of the 1935 supplement to the general statutes is repealed, but such repeal shall not operate retroactively nor affect the obligation of any person to pay any tax due prior to July 1, 1939, nor any provision for the collection of such tax. 1935 1937 Sec. 760c as amended by Sec. 622e. Rate bill. Collection. The chief executive authority of each town shall make a separate rate bill, as hereinbefore provided, for the collection of the old age as- sistance tax and cause a warrant to be issued to such tax collector for the collection thereof. Such collector, if he shall not be the regular property tax collector, shall give a bond as required by law for property tax collectors covering his obligations as collec- tor of the old age assistance tax. Each bond of such collector secured on and after October 1, 1937, if he shall be the regular property tax collector, shall cover his obligations as collector of the old age assistance tax as well as for the faithful performance of all of the other duties of his office. Each collector of the old age assistance taxes shall have the same powers and perform the same duties in relation to the old age assistance tax as are pro- vided by law for the collection and settlement with the treasurer of other town taxes, in addition to the powers and duties other- wise prescribed in the old age assistance tax law. SOCIAL WELFARE LAWS OF CONNECTICUT 101 Sec. 761c. Abatement. The chief executive authority of each town shall have power at any time to abate the old age assistance tax of any person who (1) actually is too poor to pay the same, and (2) actually is receiving aid as a public charge from the state of Connecticut or a subdivision thereof, or actually is receiving aid under the provisions of Part I of this chapter. 1935 Sec. 762c. New statute. Sec. 435h. Failure to pay. When any person shall fail to pay his old age assistance tax after pay- ment of the same shall have been duly demanded by the collector, by personal demand or by depositing, in the post office, postage prepaid, a written demand for such tax, addressed to such person at his last-known place of residence, the tax collector of the town wherein such tax is laid shall notify a grand juror of such town, or, if in a town where a town, city, police or borough court is es- tablished, the prosecuting attorney or officer of such town, city, police dr borough court, of such failure, with all data and in- formation necessary to draft a complaint in the premises, and such grand juror or prosecuting attorney or officer shall prefer his complaint to any justice of the peace residing in such town or to such town, city, police or borough court established therein, al- leging the nonpayment of such tax, and such justice of the peace or court shall thereupon cause such delinquent taxpayer to be arrested and brought before such justice or court. Any police- man, patrolman or officer authorized to serve criminal process, upon such complaint being preferred and the issuance of a war- rant thereon, may arrest such delinquent taxpayer and immediate- ly present him before such justice or court, provided such justice shall be sitting or such court shall be in session. If such taxpayer shall be placed under arrest at a time when such court shall not be in session or a justice of the peace shall not be available, such delinquent taxpayer shall be presented before such justice or court within twenty-four hours after his arrest. Pending such present- ment he shall be confined to jail unless he shall furnish a bond with sufficient surety to cover the amount of his delinquent tax, or taxes, and any penalty imposed thereon. Such justice or court snail thereupon hear such complaint and determine whether such taxpayer is liable for such tax, and, if liable, whether he is in- ■ligible for abatement under the provisions of section 761c, and, upon finding that both such conditions exist, shall order the ac- cused to stand committed to the jail or workhouse in the county until such tax, with interest therein and all costs of proceedings, shall be paid. All town, city, police and borough courts and each justice of the peace shall have all the powers and jurisdiction con- ferred upon them necessary to hear and try all complaints arising .under this section and proceed therein to final judgment and ex- ecution according to law. Any person committed to jail under the provisions of this section except while awaiting trial shall be re- quired to do such work as his physical condition may allow and shall be discharged when his labor at the rate of one dollar a day shall amount to such tax and interest, including the sum of three dollars per week for board during such commitment, and there- upon the county commissioners shall pay to the treasurer of the town from which such delinquent person was committed the amount of such tax. The provisions of this section shall be ap- plicable not withstanding other remedies for the collection of such tax. 1935.S. 762c 1945 Sec. 763c. Personal lax superseded. No town, city or bor- ough or subdivision thereof shall lay any poll or personal tax af- ter July 1, 1935, except as provided in this part. 1935 102 SOCIAL WELFARE LAWS OF CONNECTICUT Vib Sec. 764c. Applicable provisions. The provisions of sections 1231 and 1232 and of sections 333b of the 1933 supplement and 382c, 383c, 384c and 399c relating to the personal tax, shall apply to the old age assistance tax. 936 Sec. 765c. Chief executive authority. The term “chief ex- ecutive authority”, as used in this chapter, shall mean (1) the first selectman of any town, other than a consolidated town and city or consolidated town and borough, and (2) the mayor, manager or warden, as the case may be, of any consolidated town and city or consolidated town and borough. 935 937, S t»l1935 Sec. 1743. Will construed to permit trustees to use funds for pa- tient committed to one institution because other had no room to re- ceive him. 84 C. 554. 114 SOCIAL WELFARE LAWS OF CONNECTICUT each inmate of a state hospital having estate or to those persons in any way liable to contribute to the support of such inmate; provided the court of probate having jurisdiction of the estate of any such inmate of which there is a conservator may, upon the application of the commissioner of welfare or any person interest- ed, after due notice and hearing, determine the allowance neces- sary for the support of any dependents of such inmate and the amount to be paid to the state for the support of such inmate, which amount to be paid to the state may be more or less than the cost of such support per capita per week as determined by the commissioner of welfare. The action of any such court shall at any time be open to revision or modification after due notice and hearing and shall be subject to appeal as in other cases. In case of indigents having no estate and no relatives liable for their sup- port, such bill shall be sent to the person, if any, whom the court of probate ordering the commitment shall find to be willing to contribute to such support and for the amount such court shall find persons willing and able to pay. The commissioner of wel- fare shall also render, quarterly, to each town a bill for the amount payable by such town on account of support of town pauper in- mates as provided in section 1733, and the same shall thereupon be- come due and payable. 1918, S. 1666 1921. C. 398 1930 1036 Sec. 1746 as amended by Sec. 679c. Payment for support in state hospitals. All bills for support of inmates in state hospitals for mental illness shall be paid to the commissioner of welfare, who shall keep an account of the same and turn over the amount received in payment thereof to the state treasurer. At the end of each month, the board of trustees at each state hospital for mental illness shall transmit to the comptroller a statement of all bills contracted by it in the maintenance and upkeep of such hospital, to which shall be attached vouchers for the same bearing an in- dorsement of the approval of such board by some person author- ized to act in its behalf, which statement, verified by oath of the superintendent of the institution or by the president of such board, upon approval by the comptroller, shall be filed in his office and adjusted and settled by him under the provisions of section 126. In such statement there may be included such sum as the trustees of such hospital estimate will be required for contingent or unde- termined cash expenditures during the month next ensuing. Such board of trustees shall also, at the end of each quarter, transmit to the commissioner of welfare a certified list of all inmates of such hospitals during such quarter, with the dates between which each person has been such inmate, and designating the class to which each belongs, whether “full payment,” “indigent,” “town pauper” or “state pauper.” 1918, S. 1667 1919, C. 208 1921, C. 101 1923,C. 75 1925,C. 17 1930 1935, S. 679c 1941, S. 250f 1943 Sec. 1747 as amended by Sec. 369g. Reimbursement of stale, town or city for support. When any person shall have been sup- ported, wholly or in part, as a pauper, by the state or any town or city within the state, or any sum shall have been paid by the state or any town or city within the state for the support of any such person in a humane institution, whether such person shall have been committed thereto as a pauper or as an indigent, or otherwise, such person or his estate shall be liable to reimburse the state or such town or city for the amount expended by the state or such town or city for his support or benefit, and such amount may be recovered in a civil action in the name of the state or such town or city. If any such person shall have a hus- Sec. 1747. Applies to a past expenditure. 93 C. 573. Sec. 1747. Cited. 127 C. 58. Sec. 1747. Statute construed. 119 C. 511-513. SOCIAL WELFARE LAWS OF CONNECTICUT 115 band, wife, father, mother, child, *** grandparent, grandchild, conservator or guardian, who is able to x’eimburse the state or such town or city, wholly or in part, for the sums expended by the state or such town or city for his support or benefit, the commissioner of welfare in the case of the state, the first selectman in the case of any town, or the superintendent of public welfare or depart- ment having charge of public welfare in the case of any city, may, in the name of the state or such town or city, as the case may be, bring a complaint therefor *** in any court having jurisdiction thereof in the county in which such husband, wife, relative, con- servator or guardian shall reside, or, if several be liable, in the county in which any of them shall reside, against such husband or wife or any such relative, or his or her executor or administrator or such conservator or guardian; and any other such person who might, under the provisions hereof, have been made a defendant in such action may be cited in as a party defendant on motion of either party thereto; said court may render judgment against the defendant, or each or any of the several defendants, in favor of the state or such town or city for the sum so expended, or such por- tion thereof as the court shall find to be reasonably commensu- rate with the financial ability of any such defendant and the num- ber and conditions of others dependent upon him, and payment of such judgment may be secured by attachment and execution is- sued thereon. The statute of limitations shall not apply to any such claim and any claim by the state or such town or city for reimbursement from the estate of any deceased person shall be presented to the executor or administrator therof within the time limited for the presentation of other claims against such estate, but failure to so present such claim shall not prevent recovery from any other person hereby made liable therefor. When any such person supported by the state or any town or city within the state shall die leaving personal estate not exceeding five hundred dollars in value, the commissioner or the first selectman of such town or the department having charge of public welfare or super- intendent of public welfare of such city, as the case may be, unless some person interested in such estate shall take out administration thereon within ninety days after such death, take such estate for the use of the state, town or city, as the case may be, sell such personal property and collect moneys due to or on deposit for or in the name of such person, and any bank, person, fiduciary agent, trustee, administrator or corporation having custody of such funds shall pay the same to the commissioner or to the first selectman of the town or the department having charge of public welfare or the superintendent of public welfare of the city, as the case may be, on demand and his receipt shall be sufficient authority to and discharge of such bank, person, fiduciary agent, trustee, admin- istrator or corporation for such payment. Sec. 1748 as amended by Sec. 249f. Support of mentally ill persons accused of crime. When any person, charged with any offense punishable by fine or imprisonment, or both, shall have been found not guilty because of mental illness and, by reason of such mental illness, shall have been committed to any institution supported in whole or in part by the state for confinement or treatment, or when any person shall have been committed to any reformatory institution supported by the state or to the state farm for women, the expense for the support and treatment of such person while so committed shall be paid out of the estate of such person; and, if such person shall have no estate, such expense shall be paid by the town to which he belongs in the manner provided for in section 1733, and, if he shall belong to no town in this state, such expense shall be paid by the state; provided the state 1921, C 152 1941 SOCIAL WELFARE LAWS OF CONNECTICUT 116 may be reimbursed in case of any such commitment in the man- ner provided in section 1747. 1930 S.1749 1935 1939, S. 571e 1941,S. 251f 1945 Sec. 1749. New statute. Sec. 394h. Conservators for men- tally ill or feeble-minded persons supported by state. Whenever any person having property or an interest in property shall be committed to a state institution for the mentally ill or feeble- minded or, subsequent to such commitment, shall acquire property or an interest in property, and shall be supported in whole or in part at the expense of the state, and no conservator, guardian, administrator or trustee shall have been appointed for such per- son, or of his estate if such person has died, the commissioner of welfare, his regularly appointed deputy or the superintendent of the institution to which such person is committed, may apply in writing to the probate court, in the district in which such person has or had his residence or domicile, for the appointment of a conservator for such person or an administrator of his estate; pro- vided if any such person is or was not a resident of this state, such application may be made to the probate court in the district where such property or some part thereof is situated. If the property of such mentally ill or feeble-minded patient is personal property, or an interest in any insurance policy or in any bene- ficial organization, or an interest in the estate of a decedent, or any debt due such patient, not in excess of five hundred dollars, and no guardian or conservator shall have been appointed, the commissioner of welfare shall be the guardian or conservator of such patient, without court proceedings, only for the purposes hereinafter specified. He shall have authority to make any com- promise or exercise any option, with the approval of the attorney general, for the purpose of collecting such funds or property. He shall have authority to release, in behalf of such patient, his es- tate, any bank, insurance company, beneficial organization, execu- tor, administrator, trustee, fiduciary agent, corporation or indi- vidual, and, upon demand, any bank, insurance company, bene- ficial organization, executor, administrator, trustee, fiduciary agent, corporation or individual shall pay to the state of Con- necticut, or to such person or persons as said commissioner shall direct, the amount due. The receipt of said commissioner or his agent shall be sufficient authority for such bank, insurance com- pany, beneficial organization, executor, administrator, trustee, fiduciary agent, corporation or individual for such payment, and shall discharge its or his liability therefor. 1918, S. 1668,1669 1921, C. 92 1930 1935, S. 679c 1939 Sec. 1750 as amended by Sec. 879c. Release and transfer of inmates of humane institutions. Whenever any person has been or shall be committed by any court to any state hospital for the mentally ill or other humane institution, the commissioner of wel- fare or any person interested may, at any time thereafter, make application to the court making the order of commitment for a revocation or modification of such order or of the terms and con- ditions thereof. Such court shall thereupon order such notice of the time and place of hearing thereon as it shall deem advisable, shall hear and determine such application apd may thereupon re- voke, modify or affirm such order, and the action of the court thereon shall be subject to appeal as in other cases. Any inmate of a state institution for the mentally ill, epileptic or feeble-mind- ed may be transferred to any other state institution for the men- tally ill, epileptic or feeble-minded by order of the court making the original commitment of such inmate, upon application in writ- ing by the superintendent of the institution from which such transfer is to be made. Such court shall transmit copies of such order forthwith to the commissioner of welfare, and the institu- See Sec 1736 SOCIAL WELFARE LAWS OF CONNECTICUT 117 tion from which transfer is made shall pay all costs of such order and transfer. The commissioner of welfare may at any time cause an inmate of one state hospital for mental illness to be re- moved to another state hospital for mental illness, as the circum- stances or necessities of the case may require. See Appendix (XXXIX) and (XL). Sec. 1751. Institutions may transfer patients by agreement. Any person who has been committed by any court to a hospital for mental illness may be transferred to any other hospital for mental illness upon agreement of the superintendents of the re- spective institutions from and to which it is desired to make such transfer. Such agreement shall be in writing, executed in tripli- cate and in accordance with a form prescribed by the attorney general, which form shall be uniform throughout the state. One copy of such agreement shall be filed for record in the court by which such person was committed and one copy retained in the files of each of the institutions participating in such transfer. Any such agreement shall have the same effect as an order of the court committing the person named therein. The conservator, overseer or any member of the family of any person so trans- ferred, or his next friend, may make application to the court which made the order of commitment, for a revocation or modification of such agreement, and thereupon such court shall order such no- tice of the time and place of hearing thereon as it shall find reasonable and upon such hearing may revoke, modify or affirm such transfer. See Appendix (XLI). 1921. C. 92 Sec. 399h. Transfer of menially ill jail convicls lo hos- pital. When, in the opinion of the jailer of any common jail, any person confined in such jail has from any cause become men- tally ill, or appears to be mentally ill, such jailer shall immediate- ly request the superintendent of the state mental hospital of the zone in which such jail is located to assign a psychiatrist from the staff of such state hospital to examine such person. If it ap- pears from such examination that such person is mentally ill, the jailer of such jail, upon the certification ol such psychiatrist, may transfer such person to a state hospital for mental illness, there to be safely kept until the expiration of the term for which such person was committed to sucn jail, or until such person has re- covered from his mental illness. At the time of such transfer, such psychiatrist shall present to the superintendent of such hos- pital a swrorn statement to the effect, that in such psychiatrist’s opinion, such person is mentally ill and in need of immediate hospital treatment. Thereupon, such superintendent shall notify the commissioner of welfare, in writing, of all the material facts concerning transfer to and detention of such person in such hos- pital. 1945 Sec. 400h. Return to jail upon recovery. If, before the ex- piration of the term for which such person was committed to such jail, such person, in the opinion of the superintendent of such hos- pital, has recovered his reason, such superintendent shall forth- with report the fact to the jailer of such jail, who shall take such person from such hospital and deliver him to the proper author- ities of such jail. ms Sec. 401h. Recommitment proceedings. When any person has been transferred from a common jail to a state hospital for mental illness and is confined in such hospital at the time of the expiration of the term of imprisonment for which he was com- mitted to such jail and is mentally ill, the superintendent of such 1945 118 SOCIAL WELFARE LAWS OF CONNECTICUT hospital shall certify such facts in writing to the commissioner of welfare. Thereafter such commissioner shall cause proceedings to be instituted in accordance with section 676c. 1945 Sec. 402h. Expenses of commilmenl. The expenses for board and care and other necessary costs of commitment shall be paid in the manner provided for payment of such expenses and costs for persons subject to the provisions of this chapter.* 1918, S. 1709, 1710 Sec. 1752. Removal of mentally ill convicts from jail lo hos- pital. When, in the opinion of the jailer of any common jail, any person confined in such jail has from any cause become mentally ill, or shall appear to be mentally ill, such jailer shall immediate- ly report the fact to the governor, and thereupon the governor shall appoint a commission of not more than three experts to ex- amine such person, which commission, having been duly sworn, shall at once proceed to such jail and so far as possible ascertain the mental condition of such person, and shall make a report in writing to the governor as to the sanity or insanity of such a per- son. If it shall appear from such report that in the opinion of such commission such person is mentally ill, and the governor shall approve such report, he shall issue an order to such jailer or to any proper officer, to take such person, together with a certi- fied copy of the record of his commitment to jail and a certified copy of such report, and deliver such person and such record and report to the superintendent of one of the state hospitals for men- tal illness, there to be safely kept until the expiration of the term for which such person was committed to such jail, or until such person shall have recovered from his mental illness. If, before the expiration of the term for which such person was committed to such jail, such person shall, in the opinion of the superintendent of such hospital, have recovered his reason, such superintendent shall forthwith report the fact to the governor, who shall appoint a commission as hereinbefore provided, to examine such person and report as to the sanity of such person to the governor in writ- ing. If it shall appear from such report that such person shall have ceased to be mentally ill, and the governor shall approve such report, he shall issue an order to such jailer or any proper officer to take such person from such hospital and deliver him to the proper authorities of such jail. Any commission appointed under this section shall have power to put witnesses under oath, and the charges and expenses of any such commission, not ex- ceeding five dollars per day for each member, shall be paid by the state. See Appendix (XLII). 1943 Sec. 372g. Immediate transfer of mentally ill convicts to a hospital. Any jailer may cause any person confined in the jail under his supervision whom he believes to be mentally ill to be examined by a reputable physician, and, upon the recommendation of such physician, may transfer such person to a state hospital for mental illness, there to be kept pending the investigation required by section 1752 of the general statutes. At the time of such trans- fer such physician shall present to the superintendent of such hos- pital a sworn statement, made not more than three days previous- ly, of his opinion that such person is mentally ill and in need of immediate treatment. The expenses of such temporary confine- ment shall be borne by the county in which such jail is located. 1918, S. 1711,1712, 1713 Sec. 1753. Detention of mentally ill convict after his term. Expense. Discharge. When any convict shall have been trans- ferred from a common jail to a state hospital for mental illness * It may be that Sec. 399h-Sec. 402h supercede both Sec. 1752 and Sec. 1753. SOCIAL WELFARE LAWS OF CONNECTICUT 119 and shall be confined in such hospital at the time of the expiration of the term of imprisonment for which he was committed to such jail and shall be mentally ill, the superintendent of such hospital shall certify said facts to the governor, who may issue an order for the further detention of such person in such hospital until he shall have recovered from his mental illness; and the governor shall cause such order to be transmitted to such superintendent. The expense of such confinement, support and treatment shall be paid out of the estate of such person, if he have any estate; if he have no estate, it shall be paid by the town to which he be- longs, and if he shall belong to no town in this state, it shall be paid by the state. When such person shall have fully recovered from his mental illness, the superintendent of such hospital shall dismiss him therefrom. See Appendix (XLII). See Sec 1747 Sec. 1754. Attendant to be provided for mentally ill female. Whenever any mentally ill female shall be committed to a hospi- tal for mental illness under the provisions of this chapter, the court shall, unless such female is to be accompanied by a member of her own family, direct that at least one adult female shall ac- company her. 1918. S 1672 Sec. 1755. Appeal. Any person aggrieved by any order, de- nial or decree of the court of probate under this chapter, including any relative or friend, on behalf of any person found to be mental- ly ill, shall have the right of appeal as in other cases. The court of probate, on an appeal, shall make ail necessary orders of notice to the parties to the proceedings and to such other persons as it may deem advisable; as may require the appellant to give bond, with sufficient surety, to the state to prosecute such appeal to effect and to pay ail the legal costs and expenses thereof if un- successful, and may refuse to allow such appeal unless such bond be given or, at its discretion, allow such appeal without such bond. On the trial of an appeal, the superior court may require the state’s attorney or, in his absence, some other practicing attorney of the court to be present for the protection of the interests of the state and of the public. 1918, s. 1673. 1674 Sec. 1756. Commitment suspended on bond for confinement. The court of probate, before or pending or in the absence of an appeal, and the superior court, after finding on an appeal that such person is mentally ill, may, in its discretion, suspend the commitment of such person to a hospital for mental illness and continue such suspension for such time as it shall deem advisable, if any suitable person shall give a bond to the satisfaction of such court, conditioned for the confinement of such person in a suitable place of detention other than a hospital for mental illness and for answering all damages which any person shall suffer in conse- quence of such suspension; but, in such case, the court may make the order of commitment whenever reasonable cause therefor shall be shown. After commitment to a hospital for mental illness, the court may suspend his confinement in such hospital for mental illness upon the giving of bond as above set forth, such suspension to continue until terminated by the court. 1918. 6. 1675 See Sec. 1750 Sec. 1757. Court may direct as to care of mentally ill pend- ing appeal. Pending an appeal to the superior court, said court or, if said court is not in session, any judge of the superior court, may make and enforce such reasonable orders for the care and custody of the person complained of as it or such judge shall deem reasonable. 1918,S. 1676 Sec. 1758. Removal of mentally ill person to town of his res- idence. When any mentally ill person who ought to be confined shall go at large in any town other than the town of his residence, 1918, S. 1677 120 SOCIAL WELFARE LAWS OF CONNECTICUT the selectmen of the town where he is at large may cause him to be removed to the town where he has his residence, and any jus- tice of the peace for the county may issue a warrant for his re- moval. l927, C. 64, 3.1.2,4 1930 1935 Sec. 1759 as amended by Sec. 679c. Service of process in ac- tions wherein menially ill or feeble-minded persons are interested. In any action or proceeding to which any person confined in any institution for the mentally ill or feeble-minded in this state shall be a party or which shall affect or relate to the property rights of any such person a copy of the writ and complaint or proceeding shall be sent by registered mail to the commissioner of welfare at Hart- ford. No action shall abate because of any failure to comply with the provisions of this section, but the court before whom any such action or proceeding is pending shall, upon finding that no notice has been given said commissioner of welfare, order that a copy of the writ and complaint or proceeding be sent as provided herein. A copy of any writ and complaint or other process in any action to wnich any person confined in any institution for the mentally ill or feeble-minded in this state shall be a party, requiring ser- vice on such person, shall be left with the superintendent of such institution, or his representative, at the time service of such writ and complaint or process shall be made on such person. 018, S. 1686 919, C. 121 .930 935 Sec. 1780 as amended by Sec. 680c. Visils lo patients in hos- pitals for mental illness. An attorney at law retained by or on behalf of any patient in any hospital for mental illness, or any medical practitioner designated by such patient or by any member of his family or by a relative or friend of such patient, shall be admitted to visit such patient at all reasonable hours, if, in the opinion of the keeper of such hospital for mental illness, such visit would not be injurious to such patient or if a judge of the superior court shall first order in writing that such visit be al- lowed or if the approval of the commissioner of welfare shall be first secured. , <»18, S. 1687 Sec. 1761. Palieni may communicate with friends in writ- ing. All persons detained as mentally ill shall at all times be furnished with materials for communicating under seal with any suitable person without the hospital for mental illness, and such communications shall be stamped and mailed daily. Should the patient desire it, all rational communications shall be written at his dictation and duly mailed to any relative or person named by the patient. See Appendix (XLIII). 918, S. 688,1689 930 935, S. 681c 941 Sec. 1762 as amended by Sec. 252f. Hospitals for menial ill- ness to be inspected by public welfare council. All hospitals fox- mental illness in this state shall be subject to the inspection and visitation of the public welfare council, and shall be so visited and inspected at least once in six months in each year. Each keeper of a hospital for mental illness in this state shall, quarterly, make written return to said public welfare council, stating the name, age and sex of each patient confined therein and the time when committed and by whom, which return shall contain such other information and be in such form as said public welfare council may prescribe. 918, S. 691, 4692 Sec. 1763. Commiimenl by judge of superior court. On a written complaint made to any judge of the superior court that a person named therein is mentally ill and unfit to go at large, such judge shall immediately appoint a committee consisting of a physician and two other persons, one of whom shall be an attorney at law, judge or justice of the peace, who, after such person has SOCIAL WELFARE LAWS OF CONNECTICUT 121 been notified according to the order of such judge of the superior court, shall inquire into such complaint and report to him the facts of the case and their opinions thereon; and, if in their opinion, such person should be confined, such judge shall issue an order therefor, and may tax reasonable costs and issue execution there- for. Sec. 1764. Commission to inquire whether person is wrongly confined. Any judge of the superior court, on information to him that any person is unjustly deprived of his liberty by being de- tained or confined in any hospital for mental illness, or in any place for the detention or confinement of the meaitally ill, or in any inebriate hospital in this state, or in the custody and control of any individual under an order of a court of probate, may ap- point a commission of not less than two persons, who, at a time and place appointed by them, shall hear such evidence as shall be offered touching the case. Such commission need not sum- mon the party claimed to be unjustly confined before it, but shall have one or more private interviews with him and shall also make due inquiries of the physicians and other persons having charge of sucn place of detention or confinement, and within a reasonable time thereafter report to such judge the facts and its opinion thereon and, if, in its opinion, such person is not legally detained or confined in such place, or is cured, or his confinement is no longer beneficial or advisable, such judge shall order his dis- charge; but no commission shall be appointed with reference to the same person oftener than once in six months. The judge be- fore whom any of the proceedings provided for in this section shall be had may tax reasonable costs at his discretion. 1918. S 1693 See Sec 1736 Sec. 1765 as amended by Sec. 370g. Licensing of inslituiions for care of fhe mentally ill. No person, firm or corporation shall conduct or maintain within this state an institution for the treat- ment or detention of mentally ill persons, or of persons suffering from other abnormal mental or nervous conditions, unless such person, firm or corporation shall, upon written application, veri- fied by oath, have obtained a license therefor from the state de- partment of health, provided the commissioner of health may give authorization for the care of nervous and mental patients when their condition is without hope of improvement under psychiatric treatment, and when such care can be given without injury to the patient, other persons or property, under such regulations as the public health council shall adopt. Said department shall pre- scribe a reasonable sanitary code for such institutions. After re- ceiving an application and making such investigation as shall be deemed necessary and after finding the specified requirements to have been fulfilled, said department shall grant a license to such applicant to conduct an institution of the character described in such application, which license shall specify the location of such institution and the name of the person to have charge thereof. Any person, firm or corporation aggrieved by any requirement of said sanitary code or by the refusal to grant any license may, within twenty days of any order directing the enforcement of any provisions of such sanitary code or the refusal of such license, ap- peal to the superior court for the county in which such institu- tion is located or to a judge thereof, if said court shall be in vaca- tion. Each such institution shall be in charge of a physician reg- istered under the laws of this state who is a diplomate of The American Board of Psychiatry and Neurology, or a physician reg- istered under the laws of this state who has had at least three years’ experience as a full-time medical attendant in some insti- tution for the care and treatment of mentally ill persons or of persons suffering from other abnormal mental or nervous condi- 1918, S. 1695 1930, S. 1765 1935, S. 682c 1937, S 369d 1943 122 SOCIAL WELFARE LAWS OF CONNECTICUT tions. If the licensee of any such institution shall desire to place in charge thereof a person other than the one specified in the li- cense, application shall be made to the state department of health, in the same manner as provided for the original application, for permission to make such change, which application shall be acted upon within ten days from the date of the filing of the same. Each license granted under this section shall provide that any person under treatment or detention by the licensee shall be entitled to all the rights to which a patient in a hospital for mental illness is entitled under the provisions of sections 1760 and 1761, and all such persons shall be informed of their rights under said sections, by the licensee in such manner as said department may prescribe. Each such license shall terminate on the thirty-first day of Decem- ber of each year and may be revoked by the state department of health upon proof that the institution for which such license was issued is being improperly conducted or for the violation of any of the provisions of this section, or of the sanitary code, provided the licensee shall first be given a reasonable opportunity to be heard in reference to such proposed revocation. Any person, firm or corporation aggrieved by such revocation may appeal to the superior court in the same manner as hereinbefore provided. Each person, firm or corporation, upon filing an application under the provisions of this section, shall pay to the state treasurer the sum of fifty dollars. Any person, firm or corporation who shall con- duct any institution, contrary to the provisions of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both. Nothing in this section shall be construed to change the duties or authority of the public welfare council under the provisions of section 713c. 1918, 6. J.697, (1698, 1699 1043 Sec. 1766 as amended by Sec. 371g. Commitment of narcotic addicts. Support. The first selectman of any town, or the official of any city or borough having charge of the poor, wherein any person resides, if such person shall have a legal residence, or may be found if such person shall have no such residence, who is ad- dicted to the use of any narcotic drug, shall, or any person inter- ested in any such person may, apply to the court1 of probate for the district containing such town, city or borough for the commit- ment of such person to any state hospital for mental illness, and such court shall thereupon appoint two skilled physicians, who shall make an examination of such alleged addict and an investi- gation to determine the advisability of such commitment, and shall report the results of such examination and investigation to such court at such time as the court shall designate for a hearing upon such application. If the court shall find such person to be addict- ed to tne use of any narcotic drug and it shall be for the welfare of such person, it may order his commitment to said hospital until cured or discharged, as provided by law. If such alleged addict shall be a public charge, the court shall also require the first se- lectman or the official having charge of the poor of the town, city or borough where such alleged addict shall have a legal residence or shall be found, to investigate and discover the estate, if any, of such addict and the persons responsible for the support of such addict and report thereon to the court at such hearing. If the coui’t shall find such addict to be a pauper, the municipality where- in such addict shall have a legal residence shall pay the costs of such commitment and shall pay said hospital five dollars each week for the support of such addict during such commitment. If such addict shall be an indigent, such pei’sons as are legally chargeable for his support shall pay the costs of such commitment and shall pay said hospital five dollars each week for the support of such addict during his commitment, or so much thereof as the See Sec, 1747 SOCIAL WELFARE LAWS OF CONNECTICUT 123 court may determine, and the balance shall be paid by the munic- ipality of which such addict shall be a legal resident. If such addict shall have no legal residence in this state, the costs of such commitment and his support during such commitment shall be paid by the state. Such commitments shall be upon forms pro- vided in accordance with section 1727 and shall be executed by any proper officer or person designated by the court. Sec. 1767. Admission without commitment. The superintend- ent of said hospital may receive therein as a patient any person desirous of submitting himself to treatment for such drug habit upon written application therefor, and such person shall pay said hospital the reasonable expenses for his support and treatment. No such patient shall be detained in said hospital more than five days after having given notice in writing to the superintendent of said hospital of his intention to depart. 1918. S. 1700 Sec. 1768. Only curable cases ireaied. Whenever said super- intendent shall be of the opinion that any person committed under the provisions of section 1766 and 1767 is suffering from a curable disease, or such drug habit is curable, such person shall be con- fined in said hospital until cured; and, whenever said superintend- ent shall be of the opinion that any person committed under the provisions aforesaid, is suffering from an incurable disease and requires the administration of any narcotic drug, such person may be discharged and notice of such discharge shall be given by said superintendent to the court of probate committing such person. Upon the discharge of any such person, the superintendent of said hospital shall deliver to him a certificate signed by said superin- tendent, stating that he is suffering from an incurable disease and requires the administration of a narcotic drug, which certificate shall be filed with a druggist approved by the state department of health, whose place of business may be convenient to the resi- dence of such person, and such druggist may fill the prescription of any skilled physician prescribing a narcotic drug for such ad- dict, which prescription may show an increased dosage of such drug over the dosage provided for in the prescription next pre- ceding given to such addict. 1918. S. 1701 Sec. 1769. Fees, compensalion and costs. Each officer or in- different person making legal service of any order, notice, war- rant or other paper under the provisions of this chapter, shall be entitled to the same compensation as is by law provided for like services in civil cases. Physicians, for examining a person alleged to be mentally ill and making a certificate as provided by this chapter, shall be entitled to a reasonable compensation, to be fixed by the court of probate. The fees of the courts of probate shall be such as are provided by law for similar services. The superior court, on an appeal, may tax costs at its discretion. 1918. S. 1680 Sec. 1770. Penalty. Any keeper of a hospital for mental ill- ness who shall wilfully violate any of the provisions of this chap- ter shall be fined not more than two hundred dollars or imprison- ed not more than one year or both. 1918. S. 1694 Sec. 1771. Persons charged with crime not affected. The provisions of this chapter shall not extend to or affect in any way the cases of persons convicted of or charged with crime. See Ap- pendix (XLI). 1918, S. 1684 Sec. 5179. Order for support of mentally ill defendant. The court may, when a divorce shall be granted on the ground of in- curable mental illness, at the time of granting such divorce or at any time thereafter, on application of either party or of the guar- 1918, S. 5284 1921, C. 99 124 SOCIAL WELFARE LAWS OF CONNECTICUT dian or conservator of the mentally ill spouse, or of any person, town or municipality charged with the support of the mentally ill spouse, make such order requiring support of the defendant, or security for such support, as may be proper, but no order shall be made providing for continued support of a sane wife from the estate of a mentally ill husband, after the remarriage of such wife, and any order relating to the support of such defendant, at any time thereafter, on application of either party or of the guardian of the mentally ill spouse, or of any person, town or municipality charged with such support, may be set aside or altered by said court. Any order providing for the support of the mentally ill party shall be enforceable in the same manner as orders relating to alimony. 1918, 6 5737 Sec. 5610. Entries and memoranda of mentally ill and in- capable persons. In the trial of any civil action in which any party thereto is, at the time of such trial, mentally ill or unable to testify by reason of incurable sickness, failing mind, old age, infirmity or senility, the entries and memoranda of such party, made while sane, relevant to the matter in issue, may be received as evidence. Whenever the entries and memoranda of any such mentally ill person or person unable to testify would be admis- sible, under the provisions of this section, in his favor in any ac- tion to which he is a party, such entries and memoranda may be admitted in favor of any person claiming title under or from such mentally ill person or person unable to testify. The court shall determine, upon competent evidence, as a preliminary question of fact, whether the provisions of this section apply to any party or parties to any action on trial before it. 1918,S. 6353 Sec. 6184. Aiding escape of menially ill persons and dipso- maniacs. Any person who shall aid or abet, or who shall conspire with another to aid or abet, the escape from any hospital or san- atorium of any person committed to such hospital or sanatorium as mentally ill or as an habitual drunkard or dipsomaniac, shall be fined not more than five hundred dollars or imprisoned not more than two years or both. pee Sec, 1790 1918, S. 6584 1930 1931 Sec. 6431 as amended by Sec. 1722c. Examination of accused who appears io be menially ill. The officer in charge of any per- son committed for trial to the county jail, on binding over process, mittimus, bench warrant or appeal, or any one in behalf of the accused person, shall, if it shall appear to such officer or to any one acting in behalf of such accused, at the time of such commit- ment or before or during the trial, that such accused is mentally ill or so mentally defective that he is unable to understand the proceedings against him, immediately present such fact to the judge having jurisdiction of the offense with which such accused is charged, and such judge shall, if he be of the opinion that the mental condition of the accused is probably so defective that he is unable to understand the proceedings against him, hold a hear- ing to determine the mental condition of the accused, notice of such hearing having been given to the state’s attorney or pros- ecutor of the court having jurisdiction of the offense and to coun- sel for the accused. The judge may, if it appear advisable, ap- point not less than two or more than three reputable, disinter- ested and qualified physicians, who shall examine the accused as to his mental condition and make written report thereof to the court, duly verified, and testify at the hearing, and their report shall be then placed in evidence, so far as it may be relevant and material. Any evidence regarding the accused’s mental condition may be introduced at the hearing by either party. If the court, upon the hearing, shall decide that the accused is able to under- SOCIAL WELFARE LAWS OF CONNECTICUT 125 stand the proceedings against him, it shall proceed with the trial, but, if it shall decide that the accused is not able to understand the proceedings because he is mentally ill or mentally defective, it shall commit him to one of the state hospitals for the mentally ill in this state, for confinement, support and treatment until the time of his trial. If the superintendent or other official acting as manager of such institution shall be of the opinion that the ac- cused is neither mentally ill nor so mentally incapable as to be unable to understand such proceedings, he shall report such fact to the court which committed the accused. Upon receipt of such report, the court shall fix a time for a hearing to determine wheth- er the accused is able to understand such proceedings. Such hear- ing shall be conducted in the same manner as the hearing in the first instance to determine the mental condition of the accused. If, after such second hearing, the court shall decide that the accused is able to understand such proceedings, it shall proceed with the trial; but, if it shall decide that the accused is still not able to understand such proceedings, it shall recommit him to a state hospital for mental illness or to an institution for the mentally defective. The expense of such examination shall be taxed as a part of the costs in the prosecution against such person and paid in the same manner as costs in criminal prosecutions in the supe- rior court. Sec. 6432. Disposition of accused acquitted on the ground of menial illness. The superior court, any criminal court ot common pleas or any city or police court, before which any person shall be tried on any criminal charge and acquitted on the ground of mental illness or dementia, may order such person to be confined in either of the state hospitals for mental illness for such time as such court shall direct, unless some person shall undertake before such court, under bond to the state, to confine such person in such manner as such court shall order; and such court shall appoint an overseer for such person, if he have any estate, with the same powers and duties as conservators appointed by courts of probate, such overseer giving suitable bond to the state, conditioned for the faithful performance of his trust; and, if such person shall have no estate and shall belong to any town in this state, the expense of his confinement, support and treatment shall be paid by such town and the state in the same manner as is by law provided in the case of pauper patients committed by courts of probate; and, if such person shall have no estate and shall not belong to any town in this state, such expense shall be paid by the state. 1918, S, 6585 1918, S. 6586 Sec. 6433. Release of person sentenced under preceding sec- tion. Any person who shall have been tried on any criminal charge and acquitted on the ground of mental illness or dementia and confined in either of the state hospitals for mental illness may petition, or the officers of such institution may petition, the superior court of the county in which he is confined, for his en- largement, and the petition shall be served like civil process upon the selectmen of the town to which he shall belong and upon the person, if any, upon whom the offense was charged to have been committed and upon the state’s attorney of the county in which the trial was had, and said court shall make such order as to his disposal as it shall deem proper, and the state’s attorney shall ap- Sec. 6432. Degree of incapacity to render person criminally irre- sponsible. 39 C. 591; see 87 C. 5. As to use and effect of verdict of not guilty on ground of mental illness, see 96 C. 243. See notes to sec. 6043. pear and represent the state on such petition; and, if such person so confined shall be unable to defray the expenses of such peti- tion, the court which heard the same may tax the same against the state as in criminal cases. 126 SOCIAL WELFARE LAWS OF CONNECTICUT l»J8, S. 6587 Sec. 6434. Disposition of mentally ill person upon expiration of term. When any person shall have been tried on any criminal charge and acquitted on the ground of mental illness or dementia, and shall have been confined in a hospital for the mentally ill for any specific term by the order of the court before which such trial was had, and shall, at the expiration of such term, still be suffer- ing from mental illness or dementia, the superintendent of such hospital shall certify such facts to the state’s attorney for the county wherein such trial was had, and the state’s attorney shall thereupon procure, from such court or, if such court be not in session, from any judge thereof, and such court, or any judge thereof if such court be not in session, is empowered to issue, an order for the further confinement of such person in such hospital until he shall recover from such mental illness or dementia, which order, when issued by a judge, shall by him be certified to the clerk of such court, and the clerk of such court shall thereupon transmit to such superintendent a new warrant of commitment based upon such order. The expense of such further confinement, support and treatment shall be paid out of the estate of such men- tally ill person or, if he have no estate, such expense shall be paid by the town to which such person shall belong and, if he shall belong to no town in this state, such expense shall be paid by the state. Stale Hospitals tor Mental Illness Sec. 1772. Properly. Power io sue. The land of the state and its appurtenances in Middletown shall be and remain for the use of The Connecticut State Hospital. Said hospital shall have power to sue in us own name for all debts or demands due to said hospital. Sec. 1773. Trustees; appointment; powers and duties. Superin- tendent. The government of The Connecticut State Hospital shall be vested in a board consisting of the governor, ex-officio and twelve trustees, one from each county and four from the vicinity of said institution, to be appointed by the governor. The governor shall, biennially, appoint four trustees who shall hold office each for the term of six years from the first day of July of the year of his appointment and the governor may fill any vacancy which may occur. Said trustees shall serve without compensation. They shall have charge of the general interests of the institution, make and execute its by-laws, appoint and remove its officers and at- tendants and fix their compensation and exercise a strict super- vision over all of its expenditures, and may receive, by bequest, devise or gift, property for the use of the hospital, and make pur- chases of lands and take deeds therefor in the name of the state. They shall appoint a superintendent, not of their own number, who shall be a competent physician and reside in or near the hos- pital. They shall make suitable provisions for the reception of mentally ill convicts into said hospital and may authorize the superintendent to admit patients under special agreements when there shall be vacancies. Sec. 577e. Psychiatric attendants; training school. The trus- tees of the Connecticut State Hospital are authorized to establish a school for the training of psychiatric attendants and to issue to the graduates from said school suitable diplomas or certificates. Such graduates shall be authorized to practice as psychiatric at- 1918. S. 1702 1918, S. (1703 1704,1705 1707,1708 1919, C. 112 1921, 0.107 1939 SOCIAL WELFARE LAWS OF CONNECTICUT 127 lendants only in mental hospitals of this state. Said trustees shall establish such standards and rules as may be necessary to carry out the provisions of this act. Sec. 1774. Admittance. The Norwich State Hospital shall remain as established, and shall be open for patients upon such conditions as the trustees shall prescribe, always giving prefer- ence to the most urgent cases and to the people of this state. 1918. S. 1714 Sec. 1775. Trustees; appointment; powers and duties. Super- intendent. The government of said hospital shall be vested in a board consisting of the governor and twelve trustees to be appoint- ed by him, one from each county and four from the vicinity of the institution. The governor shall, biennially, appoint four trus- tees, each of whom shall hold office for six years from the first day of July of the year of his appointment. The governor may fill any vacancy which may occur. Said trustees shall serve with- out compensation. They shall have charge of the general inter- ests of the institution, make and execute its by-laws, appoint and remove its officers and attendants and fix their compensation and exercise a strict supervision over all its expenditures, and may re- ceive, by bequest, devise or gift, property for the use of the hos- pital, and may make purchases of lands and take deeds therefor in the name of the state. They shall appoint a superintendent, who shall be a competent physician and reside in or near the hospital. All his accounts, with suitable vouchers, shall be submitted to the trustees as they shall require. He shall, before entering upon his duties, give a bond to the state treasurer, with acceptable sureties, in the sum of five thousand dollars, conditioned that he shall faithfully account for all moneys and property received by him as superintendent; but no trustee shall be superintendent of the institution during his term of service or afterwards. The trustees may authorize the superintendent to admit patients into said hospital under special arrangement when there shall be vacancies. 1918, S.1715 ‘1716,1717. 1719 Sec. 1776. Commitments; general provisions. All statutory provisions relating to the commitment of mentally ill persons to The Connecticut State Hospital at Middletown shall apply to and authorize commitments to The Norwich State Hospital, or any other state hospital for mental illness which may hereafter be es- tablished, with the same force and effect, and to the same extent, as if said The Norwich State Hospital or other state hospital for mental illness was especially mentioned in the statute authorizing such commitment. 1918, s. r Special Ads 1929. No. 445 as amended by Sec. 683c. Trustees; appointment and term. On or before June 1, 1937, and biennially thereafter, the governor shall appoint four trustees of The Fair- field State Hospital for a term of six years and until their suc- cessors shall be appointed and shall have qualified. The governor shall fill any vacancy which may occur among said trustees by ap- pointment for the unexpired portion of the term. 1931 Inebriates and Dipsomaniacs Sec. 1791. Commitment. When any person shall have be- come an habitual drunkard, a dipsomaniac or so addicted to the intemperate use of narcotics or stimulants as to have lost the pow- er of self-control, the court of probate for the district in which 1918, S, 1748 Sec. 1791. Purpose of statute; residence defined; relative includes one by marriage. 90 C. 529. 128 SOCIAL WELFARE LAWS OF CONNECTICUT he resides or is domiciled shall, on application of the selectmen of the town where he resides or is domiciled or of any of his rel- atives, and after such reasonable notice to him as it may prescribe, make due inquiry and, if it shall find him to be an habitual drunk- ard, or so far addicted to the intemperate use of narcotics or stimu- lants as to have lost the power of self-control, shall order him to be taken to some inebriate asylum in this state, for treatment, care and custody, or committed to the care, custody and control of some suitable individual, for not less than four nor more than twelve months, but, if it shall find him to be a dipsomaniac, shall commit him to such asylum or individual for three years. The court shall not in either case make such order without the certi- ficate, under oath, of at least two reputable practicing physicians, given after a personal examination, made within one week before the time of such application or commitment, that, in their opinion, such person has become a dipsomaniac or an habitual drunkard, or has, from the intemperate use of narcotics or stimulants, lost the power of self-control, and ought to be placed in care of some in- ebriate asylum or of some suitable individual. ms Sec. 408h. Board of trustees of state fund for inebriates. There is hereby created a board of trustees of the state fund for inebriates, hereinafter called the board. On or before July 1, 1945, the governor shall appoint five members of the board, designating one for each of the terms of one, two, three, four and five years from said July first. Annually thereafter, the governor shall appoint one member of the board to succeed the member whose term then expires. Any vacancy occuring in the membership of the board shall be filled by the governor for the unexpired portion of the vacated term. At least two members of the board shall be per- sons licensed to practice medicine in this state. Three members of the board shall constitute a quorum for the transaction of business and the board shall meet once a month, or more frequently, at the call of the presiding officer of the board. The members of the board shall receive no compensation but shall be reimbursed for their actual and necessary expenses in connection with the work of the board. 1945 Sec. 409h. Officers of board. The members of the board shall annually elect from tneir number a chairman and a vice-chairman. The members of the board may elect one of their number as sec- retary, or they may designate the executive director of the board, appointed as hereinafter provided, as such secretary. 1945 Sec. 41 Oh. Dufies. The board shall study fhe problem of alcoholism, including methods and facilities available for the care, custody, detention, treatment, employment and rehabilitation of persons addicted to the intemperate use of spirituous or in- toxicating liquors. The board shall promote meetings for the dis- cussion of problems confronting clinics and agencies engaged in the treatment and rehabilitation of alcoholics and shall dissemi- nate information on the subject of alcoholism for the assistance and guidance of residents and courts of the state. The board shall make such reasonable regulations respecting the care, treat- ment and discipline of patients and persons committed to its care and the management of its affairs as it deems necessary. 1945 Sec. 41 Ih. Acquiring of land, buildings and equipmeni. Con- struction. The board, upon the recommendation of the governor and with the approval of the finance advisory committee, is authorized to purchase, rent or lease land, buildings and equip- ment now available and deemed necessary and suitable for carry- ing into effect the provisions of Sections 408h to 422h, inclusive. SOCIAL WELFARE LAWS OF CONNECTICUT 129 If no such land and buildings are available, the board, upon the recommendation of the governor and the approval of the finance advisory committee, is authorized to purchase in the name of the state a suitable site for, and enter into contracts for the construc- tion and equipment of, such building or buildings thereon in ac- cordance with section 59g, as may be necessary and adequate for the care, custody and treatment of persons who voluntarily seek the assistance of said board and persons committed to the custody of said board by court order as hereinafter provided. For the purpose of acquiring existing land, buildings and equipment, or for the purchase of land and the construction and equipment of facilities for the treatment of patients under its treatment or con- trol, the board, upon recommendation of the governor and with the approval of the finance advisory committee, is authorized to borrow from the general fund a sum not to exceed one hundred thousand dollars to meet the cost thereof, which borrowing shall constitute a temporary loan to be discharged from the funds avail- able to said board in the inebriate fund hereinafter provided for, or from funds appropriated to said board by the general assem- bly. The board shall have the management and control of such land, buildings, equipment and facilities so acquired, and all its financial affairs shall be conducted subject to the state fiscal pro- cedure prescribed by law. Sec. 412h. Liquor permit fees to be deposited in inebriate fund. Nine per cent of all the moneys received by the liquor con- trol commission as fees for permits under any provision of the liquor control act, as amended, and turned over to the state treas- urer, shall be, by said treasurer, deposited in a separate fund to be known as the inebriate fund . The state treasurer shall honor the requisition of funds by the board when recommended by the governor and approved by the finance advisory committee for any of the activities authorized by Sections 408h to 422h, inclusive. 1945 Sec. 413h. Gifls io fund. The board may accept or refuse on behalf of and in the name of the state any gift of any valuablet thing, however the gift be created, for any purpose connected with the w'ork of the board. Any such property, so given shall be re- ceived and held by the treasurer of the state and shall become part of the inebriate fund, but the board, upon recommendation of the governor and with the approval of the finance advisory committee, shall have the power to direct the disposition of any property so donated to it, for any purpose consistent with the terms and conditions under which such gift was created. 1945 Sec. 414h. Execulive director of board. The board may ap- point from outside its number, and may remove for cause, an ex- ecutive director whose duties shall be to supervise the business and financial affairs of the board, and to cooperate with courts, hospitals and clinics, social agencies, educational and research organizations, public health and police authorities and members of the general public in carrying into effect the provisions of Sec- tions 408h to 422h, inclusive. The board shall appoint, and shall have power to remove for cause, a superintendent, who shall not be a member of the board and who shall be a person admitted to the practice of medicine in this state, to serve as the medical di- rector of all phases of the board’s activities. Any executive di- rector and any superintendent so appointed shall not be within the classified service of the state, and their respective compensa- tions shall be determined by the governor, the commissioner of fi- nance and control and the personnel director. Subject to the pro- visions of the merit system and within funds available to the board, it may employ such other assistants as may be necessary to carry into effect the provisions of Sections 408h to 422h, inclusive. 1945 130 SOCIAL WELFARE LAWS OF CONNECTICUT 104k> Sec. 415h. Building requirements. Any buildings maintain ed by said board shall be so constructed that the patients therein shall be segregated according to sex and such other classifications as may be prescribed by said board. The building or buildings maintained by said board for the treatment of persons addicted to the intemperate use of spirituous or intoxicating liquors shall be deemed an inebriate asylum within the meaning of that expres- sion as used in any statute of this state. U94f Sec. 416h. Commitment. The superior court, any criminal court of common pleas, any town or municipal court or any jus- tice of the peace having criminal jurisdiction; and any probate court pursuant to the provisions of section 1791, may commit to the custody and control of said board for a period of not less than four months, nor more than three years, any habitual drunkard, any dipsomaniac, or any person who has been three times con- victed of intoxication in any such court, or who is a person who has lost the power of self control from the intemperate use of spirituous or intoxicating liquors. 1918, S. <1749 1752 1930, S. 1792 Sec. 417h. Probation, discharge. Any person committed to any inebriate asylum in this state, may, notwithstanding the terms of any order of commitment, be permitted by its managers to go at large on probation and without custody or restraint, for such time and under such conditions as such managers shall judge best. Persons placed in an inebriate asylum, under any provision of this chapter, may be discharged by its manager, pursuant to its regulations. 1918, 6.1750 1930, S. <1793 1945 Sec. 418h. Voluntary patients. The managers, trustees or di- rectors of any inebriate asylum, established by the laws of this state, may receive any habitual drunkard, and dipsomaniac, or any person who has lost the power of self control through the in- temperate use of spirituous or intoxicating liquors, who shall ap- ply to be received into such asylum, retain him not more than one year and treat and restrain him in the same manner as if com- mitted by the court of probate. 104* 419h. Assistance upon request. The board shall accept for examination, diagnosis, guidance or treatment at any facility or clinic under its control any person who requests such assistance, and under such regulations as may be prescribed by the board. 1945 Sec. 420h. Commitment proceedings for mentally ill persons in custody of board. The superintendent of the board may bring commitment proceedings, in the probate court in the district wherein the board maintains an inebriate asylum, for commitment to such institutions as such court may direct, of any person who has been committed to the custody and control of the board and who is mentally ill. 194® Sec. 421h. Costs of commitment and support. The provisions of law with respect to the costs of commitment and the costs of support, including methods of determination of the persons liable therefor, and all provisions of law enabling the state to secure re- imbursement for any such items of cost, applicable to the commit- ment to and support of mentally ill persons in state hospitals, shall apply with equal force in respect to each item of expense incurred by the state in connection with the commitment, care, custody and treatment of any person committed to the board or to any inebriate asylum maintained by it. 1945 Sec. 422h. Report. On or before December first in each even-numbered year, the board shall render a report to the goi7- ernor and the general assembly of its activities, including recom- mendations for improvements therein, by legislation or otherwise. SOCIAL WELFARE LAWS OF CONNECTICUT Sec. 1794. Officers to assist managers of inebriate asylums. Sheriffs, constables and city police officers shall assist the man- agers, trustees and directors of any inebriate asylum established by law in the exercise of the powers and discharge of the duties vested in such managers, trustees and directors. 1918. S. 1751 Sec. 1795. Estate of inebriate liable for his support at asylum. The estate of any inebriate or dipsomaniac, received by or com- mitted to any inebriate asylum, shall be liable for his support therein; and the expenses of any proceedings herein provided for shall be paid in the manner and by and to the person that the court or judge before whom the case shall be heard shall order and direct, and such court or judge is authorized to issue execu- tion for such costs accordingly. 1918.S. 1753 Mansfield State Training School and Hospital Sec. 1777. Purpose. The Mansfield State Training School and Hospital for the care, custody, treatment, education and em- ployment of feeble-minded and epileptic persons shall remain as established. 1918. S. 1754 Sec. 405h and 407h. Clinics for retarded persons and epilep- tics. The Mansfield State Training School and Hospital and the Southbury Training School shall establish clinics for retarded persons or persons suffering from epilepsy. 1945 Sec. 1778 as amended by Sec. 253f. Superintendent; officers of board of trustees. The government and control of said insti- tutions shall be vested in a board of trustees, consisting of seven members. The governor shall biennially appoint, with the advice and consent of the senate, trustees to succeed those whose terms expire from time to time, to hold office for four years. The gov- ernor may remove any trustee for cause and may fill any vacancy by appointing a trustee for the remainder of any unexpired term. No trustee shall receive any compensation for his services. Said trustees shall have charge of the property of the state which may be used for the purposes of the institution, shall make and execute its by-laws, appoint and remove its officers, attendants and em- ployees and fix their compensation and exercise a strict super- vision over its expenditures, and may receive and hold in trust property given by will or otherwise, for the benefit of feeble- minded or epileptic persons, and may make purchases of land and take deeds therefor in the name of the state. They shall appoint a superintendent who shall not be one of their number, and who shall be a reputable, trained administrator of institutions engaged in the care, custody, treatment and training of mentally deficient, feeble-minded or epileptic persons, with at least five years’ ex- perience as the superintendent or administrative assistant of such an institution, and shall fix his salary and prescribe his duties when not otherwise provided by law. They shall annually elect from their number a president and a secretary of such board who shall hold office until their successors shall be chosen. The presi- dent shall preside at all meetings of the board and the secretary shall keep in a book provided for the purpose a record of all votes and doings of the board. Said board of trustees shall meet at said institution as often as once every three months and whenever notified by the president of said board to do so. The superintend- ent shall, annually, or oftener if required by them, present to the trustees a written report of the management of said institution, 1918, S. 1755,1758. 1759 1941 Bee Sec. 184 132 SOCIAL WELFARE LAWS OF CONNECTICUT setting forth in detail all receipts and disbursements and the gen- eral condition of the affairs of the institution. The trustees shall report biennially to the general assembly, accompanying their re- port with the annual report of the superintendent. 1918, S. 1765 1939 Sec. 1779 as amended by Sec. 578e. Rules and regulations. Parole. The trustees may make such rules and regulations re- specting the care, custody and discipline of inmates and the man- agement of the institution and its affairs as they may deem for the best interest of the inmates and the state. All persons admitted to the institution shall, until discharged .therefrom, be under the cus- tody and control of the superintendent, subject to such regulations as the trustees may adopt. Said superintendent may restrain and discipline any inmate in such manner as he may deem necessary for the welfare of the inmate and the proper conduct of the in- stitution. No inmate shall be discharged from such institution until, in the judgment of the superintendent, his mental and physi- cal condition shall justify such discharge. Any inmate may be released on parole for such length of time and on such conditions as said superintendent may, from time to time, determine, but the written request of the superintendent shall be sufficient warrant to authorize any officer of the Mansfield State Training School and Hospital or any officer authorized to serve criminal process to return to said training school and hospital any person so re- leased on parole or who has escaped from the institution, and such officer shall hold such person when so requested and shall oe paid for such service such fees as are provided for arresting and holding persons under criminal process. 1918, S. 1760 1919, C.345, S. 1 1921, C. 349 1930 1937, S. 579e 1941 Sec. 1780 as amended by Sec. 254f. Maintenance of inmates; report to the commissioner of welfare. The cost of maintenance of each inmate shall include the cost of food, clothing, treatment, training and custody. The estate of each inmate, if he have any, shall be liable for the entire expense of his maintenance, but should the estate of any inmate be in the hands of a conservator and there be a wife or any child dependent upon him, so much of his estate shall be applied for the support of those dependent upon him and so much to his maintenance in the institution as shall be fixed by the court of probate having jurisdiction of the accounts of such conservator. All sums paid for the support of any in- mate shall be paid to the commissioner of welfare or his agent, who shall turn the same over to the state treasurer. The com- missioner of welfare shall send bills to the persons liable there- for. The cost of maintenance and the cost of commitment of any person committed to said institution shall be computed and paid for in accordance with the provisions of chapter 88; and, if he has not sufficient estate or legally liable relatives of sufficient ability to support him, the town wherein he has a settlement shall be liable for his institutional care. In case such inmate has no legal settlement in any town in this state at the time of his commit- ment, all of the expense of his maintenance, not collected from his estate or from those legally liable for his support, shall be borne by the state. 1918, S. 1762 1941 Sec. 1782 as amended by Sec. 256f. Commitments. Any court of probate shall have the power to commit to said institution any person residing in its district whom it shall find to be a feeble- minded or an epileptic person. In the case of a pauper, applica- tion shall be made by the selectmen of the town in which he re- sides. In all other cases, application may be made by any rela- tive, a guardian or the commissioner of welfare, or by the select- men of the town in which the allegedly feeble-minded or epileptic person resides. Upon application so being made, the court of See Sec. 1750 SOCIAL WELFARE LAWS OF CONNECTICUT 133 probate shall set a time and place for hearing the same and shall appoint some reputable physician to examine the person alleged to be feeble-minded or epileptic who, at or before such hearing, shall make written return under oath stating whether or not in his opinion such person is feeble-minded or epileptic and whether or not such person is violently mentally ill or afflicted with any contagious disease. In case the application shall not be made by the selectmen, the court shall also appoint a selectman of the town of alleged residence, who shall investigate and report at the time ox such hearing as to the residence and estate of the person alleg- ed to be feeble-minded or epileptic and as to the pecuniary re- sponsibility of those responsible for his support. If the court, after due hearing had, shall find the allegations in the application to be true and that the person alleged to be feeble-minded or epileptic resides within the jurisdiction of the court, and is not violently mentally ill or afflicted with any contagious disease, it may order the person so complained of to be committed to the Mansfield State Training School and Hospital, and, in such order of commitment, the court shall find and state the name, residence, date of birth of the person committed, the names, nationality and address of his parents, so far as the same can be ascertained, the amount of his estate and the amount per week which any person liable for his support can afford to pay for his maintenance in said institution. No such commitment shall be valid until approved by the governor, and two copies of such order of commitment shah be made, one of which shall be lodged in the office of the governor, and the other, bearing the indorsement of his approval, shall be left in the hands of the superintendent of the institution by tne person appointed by the court of probate to serve the same and to deliver tne person committed to said institution. See Ap- pendix (XLIV) and (XLV). Sec. 428h. Training School. Recommiimenis and transfers. (a) Defectives. Mentally defective, feeble-minded or epileptic persons, not serious discipline problems, may be recommitted by a regular probate court commitment from any institution in the slate to The Mansfield State Training School and Hospital or to The Southbury Training School. The probate court in the town where the institution is located from which the inmate is recom- mitted shall have jurisdiction, (b) Defective delinquents. Defective delinquents who are serious discipline problems may be recommit- ted by a court having jurisdiction from The Mansfield State Train- ing School and Hospital and from The Southbury Training School to The Connecticut State Farm for Women or tne Connecticut Re- formatory, as the case may be, subject to sections 1800 and 1830 (c) Infer-school transfers. Any inmate of The Mansfield State Training School and Hospital or The Southbury Training School may be transferred from the institution to which he is committed to the other institution upon the agreement of the superintendents of said training schools, (d) Mentally ill persons. Mentally ill persons may be transferred from the Mansfield State Training School and Hospital and from The Southbury Training School to any state hospital for the mentally ill upon agreement of the super- intendents of the respective institutions from and to which it is desired to make such a transfer. The state hospitals for the men- tally ill may transfer any mentally defective or epileptic person, not psychotic and not a defective delinquent, to the Mansfield State Training School and Hospital and The Southbury Training School upon agreement of the superintendents of the respective institutions from and to which it is desired to make such a trans- fer. (e) General. The cost of any transfer or recommitment shall be paid by the institution from which the transfer is made. 1918, S. 1764 1930, S. 1783 1945 134 SOCIAL WELFARE LAWS OF CONNECTICUT When the inmate of any institution is transferred, the order of the commitment shall be retained in the original institution to which the patient was committed and a certified copy of such commit- ment, with the agreement of transfer, shall accompany the in- mate to the institution to which hp is transferred. 1918.6. 6428 Sec. 6275. Marriage of epileptics and imbeciles. Every man and woman, either of whom is epileptic, imbecile or feeble-mind- ed, who shall intermarry, or live together as husband and wife, when the woman is under forty-five years of age, shall be impris- oned not more than three years. 1918, S. 6429 Sec. 6276. Procuring or aiding such marriage. Any person who shall advise, aid, abet, cause or assist in procuring the mar- riage of any person in violation of the provisions of section 6275, knowing such person to be epileptic, imbecile or feeble-minded, shall be fined not more than one thousand dollars or imprisoned not more than five years or both. 1918,8. 6430 Sec. 6277. Penalty for carnal knowledge in certain cases. Any man who shall carnally know any female under the age of forty- five years who is epileptic, imbecile, feeble-minded or a pauper shall be imprisoned not more than three years. Any man who is epileptic who shall carnally know any female under the age of forty-five years and any female under the age of forty-five years who shall consent to be carnally known by any man who is epil- eptic, imbecile or feeble-minded, shall be imprisoned not more than three years. Operations to Prevent Procreation 1918. S. 2691 1919, C. 69 1939 Sec. 2683 as amended by Sec. 945e. Operations to prevent pro- creation permitted in certain state institutions. The directors of the state prison and the superintendents of the state hospitals for mental illness at Middletown, Newtown and Norwich, the super- intendent of the Mansfield State Training School and Hospital at Mansfield Depot and the superintendent of the Southbury Train- ing School at Southbury are authorized and directed to appoint for each of said institutions two skilled surgeons, who, in conjunc- tion with the physician or surgeon in charge at each of said in- stitutions, shall constitute a board the duty of which shall be to examine such inmates of said institutions as are reported to them by the warden or superintendent or the physician or surgeon in charge, to be persons by whom procreation would be inadvisable. Such boax’d shall examine the physical and mental condition of such persons and their recoi'd and family history so far as the same can be ascertained, and, if, in the judgment of a majority of such boai’d, procreation by any such person would produce children with an i nherited tendency to criine, mental illness, feeble-mindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person Sec. 6375. This statute is valid; but marriage is not void. 78 C. 243; 88 C. 391. Sec. 6375. A marriage in violation of this statute is not void, but if induced by fraudulent concealment of epileptic condition, the other party may be entitled to a divorce for fraudulent contract. 115 C. 303. Cited. 115 C. 594. 118 C. 505, 506. Sec. 6377. Cited. 115 C. 594. The purpose of the statute is to pro- tect the public and not merely the individual. 118 C. 502, 505, 506. SOCIAL WELFARE LAWS OF CONNECTICUT 135 advisable, or if the physical or mental condition of any such per- son will be substantially improved thereby, then such board shall appoint one of its members to perform the operation of vasectomy or of oophorectomy, as the case may be, upon such person. Such operation shall be performed in a safe and humane manner, and the board making such examination and the surgeon performing such operation shall receive from the state such compensation for services rendered as the warden of the state prison or the super- intendent of either of said hospitals shall deem reasonable. Sec. 2684. Penalty for unlawful operation. Except as author- ized by section 2683, any person who snail perform, encourage, as- sist in or otherwise promote the performance of either of the op- erations described in said section, for the purpose of destroying the power to procreate the human species, or any person who shall knowingly permit either of such operations to be performed upon such person, unless the same shall be a medical necessity, shall be fined not more than one thousand dollars or imprisoned in the State Prison not more than five years or both. 1918, S. 2682 The Southbury Training School Sec. 257f. Name and purpose. The institution established and under operation at Southbury, shall be known as The South- bury Training School and shall exist for the care, custody, treat- ment, training and employment of mentally deficient, feeble-mind- ed or epileptic persons.* 1941 Sec. 258f. Trustees, appointment; powers and duties. The government and control of said institution shall be vested in a board of trustees, consisting of seven members as established by number 506 of the special acts of 1935. Said trustees shall have charge of the property of the state, which may be used for the purposes of the institution; shall make and execute its by-laws; appoint and remove its officers, attendants and employees and fix their compensation, subject to the provisions of chapter 105a; shall exercise a strict supervision over the institution’s expendi- tures; may receive and hold in trust property given by will or otherwise, for the benefit of mentally deficient, feeble-minded or epileptic persons, and may make purchases of land and take deeds therefor in the name of the state. They shall appoint a superin- tendent, who shall not be one of their number. The superintend- ent shall be a reputable, trained administrator of institutions en- gaged in the care, custody, treatment and training of children and youth, with at least five years’ experience as the. superintendent or administrative assistant of such an institution. The trustees shall fix his salary and prescribe his duties when not otherwise provided by law. They shall annually elect from their number a chairman, a vice-chairman, a treasurer and a secretary, each of whom shall hold office until his successor shall be chosen. The chairman shall preside at meetings of the board, and in his ab- sence the vice-chairman shall preside. The treasurer shall have charge of any funds which shall come specifically into the hands of the trustees and shall submit annually, or at any time required, a statement of the same. The secretary shall keep in a book pro- vided for the purpose a record of all votes and actions of the board. Said board of trustees shall meet at least once each month, and at such other times as the chairman may deem advisable. The superintendent shall, annually, or oftener if required by them, 1941 * See Sec. 405h page 131 Clinics for retarded persons and epileptics. 136 SOCIAL WELFARE LAWS OF CONNECTICUT present to the trustees from himself and his staff, a written report of the management of said institution, setting forth in detail all receipts and disbursements and the general condition of the affairs of the institution. The trustees shall report biennially to the gov- ernor and the general assembly, accompanying their report with the annual reports of the superintendent. uni Sec. 259f. Rules and regulations. The trustees may make such rules and regulations respecting the care, custody and dis- cipline of inmates and the management of the institution and its affairs as they may deem for the best interest of the inmates and the state. All persons admitted to the institution shall, until dis- charged therefrom, be under the custody and control of the super- intendent, subject to such regulations as the trustees may adopt. No inmate shall be discharged from such institution until, in the judgment of the board of trustees, the superintendent and the di- rector of medical and health services, his mental and physical condition shall justify such discharge. urn Sec. 260f. Commitments. Any court of probate shall have power to commit to said institution any person residing in its dis- trict whom it shall find to be a mentally deficient, feeble-minded or epileptic person. In the case of a pauper, application shall be made by the selectmen of the town in which the allegedly mentally deficient, feeble-minded or epileptic person resides. In all other cases, application may be made by any relative, a guai’dian or the commissioner of welfare or by the selectmen of the town in which the allegedly mentally deficient, feeble-minded or epileptic per- son resides. Upon application so being made, the court of probate shall set a time and place for hearing the same and shall appoint some reputable physician to examine the person alleged to be mentally deficient, feeble-minded or epileptic, which physician, at or before such hearing, shall make written return under oath stat- ing whether or not such person is mentally ill, or afflicted with any contagious disease, or a carrier of the same. In case the ap- plication snail not be made by the selectmen, the court shall also appoint a selectman of the town of alleged residence, or, if in a city, the superintendent of welfare may be designated, and such selectman or superintendent shall investigate and report at the time of such hearing as to the residence and estate of the person alleged to be mentally deficient, feeble-minded or epileptic and as to the pecuniary responsibility of those responsible for his sup- port. If the court, after due hearing held, shall find the allega- tions in the application to be true and that the person alleged to be mentally deficient, feeble-minded or epileptic resides within the jurisdiction of the court, and is not mentally ill or afflicted with any contagious or infectious disease, it may order the per- son so complained of to be committed to The Southbury Training School. In such order of commitment, the court shall find and state the name, residence, date of birth of the person committed, the names, nationality and address of his parents, so far as the same can be ascertained, the amount of his estate and the amount per week which any person liable for his support can afford to pay for his maintenance in said institution. No such commitment shall be valid until approved by the governor, and two copies of such order of commitment shall be made, one of which shall be lodged in the office of the governor, and the other, bearing the in- dorsement of his approval, shall be left in the hands of the super- intendent of the institution by the person appointed by the court of probate to serve the same and to deliver the person committed to said institution.* See Sec. 428h. Recommitments and trans- fers. See Appendix (XLIV) and (XLV). See Sec. 428h. Recommitments and transfers. SOCIAL WELFARE LAWS OF CONNECTICUT 137 Sec. 262f. Parole. The trustees may permit any inmate of the school to leave the institution on parole for such length of time and on such conditions as they may determine; and may, from time to time, extend the period of such parole or change the con- ditions upon which it is granted. They shall cause an investiga- tion to be made prior to the granting of such parole as to the home into which such inmate is to go if paroled and other conditions and circumstances which may effect his welfare and behavior and shall provide such supervision of paroled inmates as they deem necessary for his welfare. They shall have such powers as to re- vocation of the permit and as to the return of the inmate to whom it has been granted as are provided by law for the return of men- tally ill and feeble-minded persons to the institutions from which they have been temporarily released. No absence on parole under this section from said school shall be construed as a discharge therefrom. 1941 Sec. 263f. Criminal process for return of escaped persons. The written request of the superintendent shall be sufficient warrant to authorize any officer of The Southbury Training School or any officer authorized to serve criminal process to return to said school any person so released on parole or who has escaped from the institution, and such officer shall hold such person when so requested and shall be paid for such service such fees as are pro- vided for arresting and holding persons under criminal process. 1941 Sec. 264f. Maintenance of inmates; report to commissioner of welfare. The cost of maintenance of each inmate shall include the cost of food, clothing, treatment, training and custody. The es- tate of each inmate, if he have any, shall be liable for the entire expense of his maintenance, but should the estate of any inmate be in the hands of a conservator and there be a wife or any child dependent upon him, so much of his estate shall be applied for the support of those dependent upon him and so much to his maintenance in the institution as shall be fixed by the court of probate having jurisdiction of the accounts of such conservator. All sums paid for the support of any inmate shall be paid to the commissioner of welfare or his agent, who shall turn the same over to the state treasurer. The commissioner of welfare shall send bills to the persons liable therefor. The cost of maintenance and the cost of commitment of any person committed to said in- stitution shall be computed and paid in accordance with the pro- visions of chapter 88; and, if he shall not have sufficient estate or legally liable relatives of sufficient ability to support him, the town wherein he has a settlement shall be liable for his institution- al care. In case such inmate had no legal settlement in any town in this state at the time of his commitment, all of the expense of his maintenance, not collected from his estate or from those legal- ly liable for his support, shall be borne by the state. 1941 Sec. 2G5f. The chapter shall in no manner curtail the pow- ers, duties, organization or status of the commission and board of trustees, establish by number 506 of the special acts of 1935, for the building and operation of a training school for mental de- fectives, but shall expand, amplify and detail the same. 1941 138 SOCIAL WELFARE LAWS OF CONNECTICUT THE PHYSICALLY HANDICAPPED Sick Tuberculosis 1918. S. 2630 Sec. 2620. Reporting cases. Each physician shall report in writing the name, age, sex, color, occupation, place where last employed, if known, and address of each person under his care known by such physician to have tuberculosis, to the health officer of the town, city or borough in which such person resides, within twenty-four hours after such fact shall come to the knowledge of such physician, and the officer in charge of any hospital, dispen- sary, asylum or other similar institution shall report in like man- ner concerning each patient having tuberculosis who shall come under the care or observation of such officer, within twenty-four hours thereafter. 1918, S. 2fi31 Sec. 2621. Record by health officer. The health officer of each town, city or borough shall keep a record of all such reports received by him, but such records shall not be open to inspection by any person other than the health authorities of the state and of such town, city or borough, and the identity of the person to whom any such report relates shall not be divulged by such health authorities except as may be necessary to carry into effect the provisions of sections 2620 to 2625, inclusive. 1918, S. 2638 1930 1931 Sec. 2626 as amended by Sec. 1004c. Tuberculosis commis- sion; members. The state tuberculosis commission shall consist of five members, one of whom shall be a physician who has had at least ten years’ active practice and is an expert in the modern treatment of human tuberculosis. On or before July 1, 1937, and biennially thereafter, the governor shall appoint two members of said commission to hold office for six years from the first day of July following their appointment, except that in the year 1939, and sexennially thereafter, only one member shall be so appointed. Each of said commissioners shall hold office for the term for which he was appointed and until his successor shall be appointed and shall have qualified. Said commission may appoint a secretary. 1818. S. 2641 Sec. 2628. Tubercular persons not to remain in certain insti- tutions. No person having tuberculosis shall be allowed to remain in any town almshouse or county temporary home. The selectmen or the person having supervision of such almshouse shall cause the inmates thereof to be examined by a reputable physician at least once every six months, and the county commissioners in each county shall cause like examinations to be made of the inmates of the county temporary home, and all persons found infected with tuberculosis shall be removed as soon as possible, by the se- lectmen or the county commissioners, as the case may be, to a home for tuberculosis patients. On or before June thirtieth and December thirty-first in each year, the first selectman of each tcwn, or the official having supervision of the town almshouse in towns in which such supervision shall not devolve upon the select- men, and the county commissioners of each county shall file with the state tuberculosis commission, a sworn statement setting forth £ec. 2636. Cited. 109 C. 627. SOCIAL WELFARE LAWS OF CONNECTICUT 139 that the examination required by this section has been made, and, if any inmate shall have been found to be infected with tubercu- losis, stating the name and age of such person. If such statement shall not be filed as aforesaid, said commission shall, as soon as practicable, cause such examination to be made by a physician designated by said commission, and the expense thereof shall be paid by such town or county. Sec. 2629 and Sec. 2630 as amended by Sec. 1005c. Stale aid to tubercular persons, (a) Any resident of the state afflicted with luberculosis in any form, applying for care, shall be received in a state sanatorium, without regard to the stage of the disease or the financial condition of the patient. Patients who are able to pay the full cost of care and treatment, or patients who have relatives who are able to pay for such care and treatment and are liable for the same under the laws of this state, shall be received, and such patients or such relatives shall pay to the state the full cost of such care and treatment. Patients who are not able to pay the full cost of such care and treatment, or patients whose relatives are legally liable for his support and who are not able to pay the full cost of such care and treatment, shall pay such portion there- of as he or his relatives are able to pay; provided, if such patient or his relatives cannot pay any part of such care and treatment, the sum of four dollars per week shall be paid by the town or city in which such patient has a legal settlement. If such patient, or his relatives who are liable to the state under the laws of this state, are not able to pay four dollars per week but are able to pay a sum less than four dollars per week, such patient or such relatives shall pay such sum as he or they are able to pay and such town or city shall pay the difference between said sum of four dollars per week and the amount paid by such patient or such relatives, and the town or city in which such patient has a legal settlement shall pay said sum of four dollars per week and shall collect from such patient or such relatives the portion there- of to be paid by them. The town or city paying any part of the cost of the treatment and care of any such patient shall provide for such patient the clothing prescribed by the state tuberculosis commission, and, if such clothing shall not be so provided, said commission shall furnish the same and the cost thereof shall be paid by such town or city, (b) No town or city shall classify as a pauper any person who shall have received financial assistance from any such town or city for the purpose of securing treatment in a hospital or sanatorium for tuberculosis, or publish the name of such person as a pauper. 1918, S. 2642 1921, C. 13V 1930 1935 Sec. 2631. Admissions restricted; discharges. Whenever, in the opinion of the state tuberculosis commission, any patient of the state tuberculosis sanatoria shall be sufficiently improved in health to permit of his return to his home, although such patient may have latent and incommunicable tuberculosis, the commission is authorized to discharge such patient. Any patient of immoral or filthy habits or who, for other good cause, in the opinion of said commission, is unsuitable for association with the inmates of such sanatorium, shall not be received or retained unless separate ac- commodation shall be provided for such patient. 1918, S. 2644 Sec. 2632 as amended by Sec. 1006c. Management of sana- toria. The state tuberculosis commission shall appoint a manager or superintendent of each home, who shall have the direction and supervision of such sanatorium under rules to be prescribed by said commission. *** 1918, s. 2645, 2646 1930 1933 140 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 2647 1919, C. 230 Sec. 2633. Private sanatoria; inspection. Sanatoria under private management and receiving state aid shall be inspected semi-annually by the commission, but the association owning and conducting any such sanatorium shall maintain the same in good condition and shall assume all responsibility for the executive work thereof. 1918, S.2648 Sec. 2634. Reports by commission. The commission shall make a biennial report of its work to the general assembly and shall include in such report such recommendations for the further development of the work of the commission as it may deem ad- visable. 1918, S. 2649 1941 Sec. 2635 as amended by Sec. 447f. School instruction con- cerning tuberculosis. The tuberculosis commission shall provide for the instruction of the public in rules of living essential to the suppression of tuberculosis and shall provide and maintain, with- in or apart from the state sanatoria, facilities and personnel for the detection of tuberculosis in its early stages and for the rehab- iliation of persons suffering from tuberculosis. Appropriations for Hospitals 1918, S. 413 1925,C. 255 1930 1931,S,96c 1943 Sec. 462 as amended by Sec. 106g. Appropriations for military organizations, public health nursing organizations and hospitals. Any town may, at any annual or special town meeting, make ap- propriations for the assistance, support or maintenance of any military organization organized within such town and in the ser- vice of the state or of the United States, or for the maintenance of any hospital, or any public health nursing organization, located within the state. See Appendix (XLVI). Sec. 2391 as amended by Sec. 4Q9f. Licensing of hospitals. No person, firm or corporation shall operate a hospital for the care of the sick unless such person, firm or corporation shall have obtain- ed a license therefor from the state department of health. For the purpose of this section, a hospital is defined as an institution for the lodging, care and treatment of persons suffering from dis- ease or other abnormal physical conditions. Said department shall, in its sanitary code, define the minimum requirements for a hospital. Said department, after receiving an application in writing, making such investigations as shall be deemed necessary and finding the specified requirements to have been fulfilled, shall grant a license to operate a hospital. Such license shall terminate on December thirty-first of each year and may be revoked by said department, after hearing, for failure by the holder thereof to carry out the requirements established by law. The provisions of this section shall not apply to any hospital or institution wholly supported by the state, or to any hospital or institution partially supported by the state, which is approved by the American Col- lege of Surgeons as unconditionally meeting its minimum stand- ards, or to any institution coming under the provisions of section 2633 *** or section 1042e. Any person or any officer or agent of a corporation who shall violate any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both. 1927 1941 SOCIAL WELFARE LAWS OF CONNECTICUT 141 The Crippled Sec. 464. Transportation of crippled children. Each city, town, borough or school district is authorized to transport crippled children and children having such defective eyesight as to require transportation, from within their residences to places where med- ical, surgical or other treatment is to be given them, and to re- transport such children from within such places to within their residences, and such transportation is declared to be in the line of governmental duty. 1927, C. 219 Sec. 869. Vocationlal rehabilitation; Definitions. Thei'e shall continue to be, under the direction and control of the state board of education, a division for the vocational rehabilitation and place- ment in remunerative employment of persons whose capacity to earn a living has been destroyed or impaired. For the purposes of sections 8b9 to 872, inclusive, the term “physically disabled per- son” shall mean any person who, by reason of a physical defect or infirmity, whether congenital or resulting from accident, in- jux-y or disease, is totally or partially incapacitated for engaging in remunerative occupation, and the term “vocational rehabilita- tion” shall mean rendering a disabled person competent to engage in a remunerative occupation. 1929, C. 201, S. 1.2 Sec. 870 as amended by Sec. 255e. Administration. The state board of education is directed to disburse all funds provided for the vocational rehabilitation of disabled persons; to appoint and fix the compensation of such persons as may be necessary to ad- minister the provisions of the statutes relating to vocational re- habilitation; to rehabilitate vocationally and place in remunera- tive occupations physically disabled persons who, in the opinion of said board, are susceptible of rehabilitation; to make such rules and regulations as may be necessary for the administration of the provisions of said statutes and to report biennially to the governor on the administration thereof. Said board and the workmen’s compensation commission are authorized and directed to formulate a plan of cooperation for such rehabilitation work. 1929, c. 201. S 3 4 1930, S. 870 1933, 8.223c 3937. 8. 191d Sec. 871 as amended by Sec. 224c. Gifts and donations. The state board of education is authorized to receive such gifts and donations from either public or private sources as may be offered unconditionally or under such conditions as, in the judgment of said board, shall be suitable and consistent with the provisions of the statutes relating to vocational rehabilitation. All moneys re- ceived as gifts or donations shall be deposited in the state treasury and shall constitute a permanent special fund to be used by said board in carrying out the purposes of said statutes. A report of ail gifts and donations received and of all disbursements made therefrom shall be submitted biennially to the governor. 1929, C. 201 8.5 1930 1933 Sec. 872. Federal aid for vocational rehabilitation. The pro- visions of an act of congress providing for the promotion of voca- tional rehabilitation of persons disabled in industry or otherwise and their return to civil employment, approved June 2, 1920, as amended June 5, 1924, having been accepted by this state, the state treasurer is designated as custodian of all moneys received from appropriations made under the provisions of said act and is authorized to make disbursements therefrom upon the order of the state board of education. The state board of education is authorized to co-operate with the federal board for vocational education in carrying out the provisions of said act. 1929. C. 201, 8.6 142 SOCIAL WELFARE LAWS OF CONNECTICUT The Blind Testing of Eyesight >18, S. 1013 >23, C. 195 >30 >31 Sec. 929 as amended by Sec. 267c. Testing of eyesight. The state board of education shall prepare or cause to be prepared suitable test cards and blanks to be used in testing the eyesight of pupils in public schools, and shall furnish the same, together with all necessary instructions for their use, free of expense, to each school in the state. The superintendent, principal or teacher, in each school in which no examination or inspection shall have been made under the provisions of section 925, shall, annually, during the fall term, test the eyesight of all pupils under his charge according to the instruction furnished, and shall give written no- tice to the parent or guardian of each pupil who shall be found to have, any defect of vision or disease of the eyes, with a brief statement of such defect or disease, and shall make a written re- port of all such cases to the state board of education. Such ex- amination and inspection may be performed by any licensed op- tometrist, provided he be appointed for such purpose in the same manner as physicians are appointed under the provisions of sec- tion 262c. Education of the Blind 918,8. 069, 1070 921.C. 88 Sec. 1043. Board of education of the blind; meetings. The board of education of the blind shall consist of five members, of whom the governor and the chief justice of the supreme court shall be members, ex-officio. The other three members, one of whom shall be a woman, shall be appointed by the governor, and each shall be a resident of this state and shall hold office for four years from the first day of July in the year of appointment. The governor may, for reasonable cause, remove any appointive mem- oer and appoint another person to fill the vacancy for the unex- pired portion of the term. The chief justice may appoint as a member in his place any judge or ex-judge of the supreme or superior court, such appointment to be for two years from its date. Said board shall meet annually on the first Monday of July, at the capitol, and may meet at any other time upon the call of its secretary; and the secretary shall call a meeting at the request of two members. The governor or, in his absence, the judicial member shall be chairman of the board. The board shall adopt rules for its own action and for determining what persons shall receive benefits under the provisions of this chapter. 1918, S. 1071,1072 Sec. 1044. Secretary and treasurer; compensation. Said board shall appoint a secretary, who shall also act as a treasurer, and prescribe his duties and compensation, which office shall be held subject to the pleasure of the board. No member of the board shall receive compensation for services rendered unless such ser- vices shall be special and specially requested by the board, in which case a moderate allowance may be made for the time ac- tually spent. The certificate of the governor of the amount of any bill for services and expenses shall be sufficient warrant to the comptroller for the payment of the same. The tuition and other expenses of the beneficiaries shall be paid quarterly by the comptroller, upon certificate of the governor or judicial member as to the amount. No expense shall be incurred except on the affirmative vote of three members of said board. See Sec 184 SOCIAL WELFARE LAWS OF CONNECTICUT 143 Sec. 254h. Instruction by the state. All blind persons, or persons so nearly blind that they are unable to receive instruction in the public schools, who are of suitable age and capacity for instruction in the simple branches of education and who are le- gal residents of this state, on the affirmative vote or order of three members of the board of education of the blind, shall be entitled to receive such instruction and for such length of time as may be deemed expedient by said board. The expense of such education shall be paid by the state, to an amount not exceeding six hundred dollars for each of such persons in any one year, and, when the parents of any such blind person are not able to pro- vide clothing and transportation for such blind person, an addi- tional sum of thirty dollars per year may be allowed for such ex- penses. The board of education of the blind may provide for the instruction of the adult blind in their homes, expending annually for this purpose such sum as the general assembly may appro- priate. 1918, S. 1068 1919, 0.306 1921, C. 236 1927, C. 133 1930, S. H045 1945 Sec. 1046. Powers and duties of board. The right to visit, inspect and report concerning the Connecticut Institute and In- dustrial Home for the Blind is exclusively vested in the board of education for the blind. All the departments of said institute shall be visited and thoroughly inspected as often as once in three months by at least two members of said board, neither of whom shall be an officer or trustee of said institute or in any way con- nected therewith, no previous notice of such visits having been given to the persons in charge of such departments. Said board shall, annually, on or before the Monday after the first Wednes- day in January, submit to the governor its report, containing a statement of the doings of the board during the preceding year; an account of the condition, financial and otherwise, of said in- stitute and its various departments; the number of its inmates; the number of blind persons from this state being educated in ether institutions under the provisions of section 1047 and such other information as will apprise the general assembly of the true condition, progress and needs of blind persons who are residents of this state and who are receiving instruction under the pro- visions of this chapter and of all other blind persons who are residents of this state whose cases have come to the knowledge of said board. Said board may prepare and maintain a register of the blind in this state which shall describe their condition, cause of blindness and capacity for education and industrial training, and may register cases of persons whose eyesight is seriously de- fective and who are liable to become visually handicapped or blind, and may take such measures in co-operation with other authorities as it may deem advisable for the prevention of blind- ness or conservation of eyesight, and, in appropriate cases, for the education of children and for the vocational guidance of adults having seriously defective sight. 1918, S. 1080 1921, C. 165 Sec. 1047. Contracts with institutions. Compulsory attend- ance. Said board may, within the expenditure therefor provided in section 1045, contract with institutions, individuals and mer- cantile and manufacturing establishments having facilities for the instruction of the blind, for the education, board and keep of blind persons who are legal residents of this state found by the board to be fitted for such instruction. Said board may compel attendance of any blind child, until such child shall attain the age of eighteen years, at an institution providing instruction as defined in this section; and, if the parents or guardians of such child shall not assent thereto, the court of probate of the district where such child shall reside shall, on the application of any member of said board and after reasonable notice to the parents or guardians of 1918, S. 1073, 1074 1921,0.160 1925,C. 56 144 SOCIAL WELFARE LAWS OF CONNECTICUT such child of the time and place of hearing upon such application, inquire into the facts and, if such court shall find that the sight of such child is so impaired as to disable such child attending and receiving instruction in any public school, it shall issue an order placing such child in the care and custody of said board until the further order of such court, and such order shall give to said board all the rights and authority of a parent over such child. 1921, C. 231 1930,8. 1048 1945 Sec. 255h. Employment and aid. Said board is authorized to aid in securing employment for capable blind or partially blind persons in industrial and mercantile establishments and in other positions which offer financial returns. Said board may aid needy blind persons in such way as it shall deem expedient, ex - pending for such purpose such sum as the general assembly may appropriate, provided the maximum expenditure for any one per- son shall not exceed the sum of forty dollars a month. 1945 Sec. 259h. Blind persons; vending stands in public buildings. The authority in charge of any state, county or municipal build- ing or property shall grant to the state board of education of the blind a permit to operate in such building or on such property a stand for the vending of newspapers, periodicals, confections, to- bacco products and such other articles as such authority approves when, in the opinion of such authority, such a stand is desirable in such location. Any person operating such a stand in any such location October 1, 1945, shall be permitted to continue such op- eration, but upon his ceasing such operation such authority shall grant a permit for continued operation to the state board of edu- cation of the blind. 1918, S. 1075 Sec. 1049. Power io receive bequests. The Connecticut In- stitute and Industrial Home for the Blind is empowered to receive, hold, invest or employ, as it may deem for the best interests of said institution, all property which may come to it by gift, bequest or devise or which it may acquire in any manner; but the general assembly may, at any time, limit the amount of property to be so held or acquired. All property of said institution shall be ex- empt from taxation. 1918,S. 1076 Sec. 1050. Exemption from license fees. Any goods, wares or merchandise, manufactured or produced in whole or in part by said institution in furtherance of its purpose to instruct or employ the blind, may be sold or exchanged in any town, city or borough in this state, and said institution, its agents or its employees, shall not be required to procure a license therefor, and no law provid- ing for the payment of a license fee for such privilege shall apply to said institution, its agents or employees, unless it or they shall be particularly referred to in its provisions. 1918,S. 1077.1078 Sec. 1051. Instruciion in useful occupation. Trade imple- ments. Each blind or partially blind person over eighteen years of age, who is a beneficiary of the state in the department of in- dustrial training in any institution, shall be given, at the expense of the state, for a period not exceeding three years, practical and uninterrupted instruction in some useful occupation conducive to his future self-support. At the termination of the period of in- dustrial training of each such person, the state authorities having in cnarge the industrial education of the blind shall be empowered to provide, under such conditions as said authorities may deem necessary, machinery, tools and materials to the amount of not more than two hundred dollars in any one case, for the purpose of establishing such blind or partially blind person in some useful occupation conducive to his self-support. The expense of provid- SOCIAL WELFARE LAWS OF CONNECTICUT 145 ing such machinery, tools and materials shall be met from the appropriation made biennially by the general assembly for the education of the blind. Sec. 256h. Service and sales fund. For the purpose of aid- ing the blind by providing sales and service opportunities, there is established a sales and service fund for the state board of edu- cation of the blind which shall be used as a revolving fund; said fund to be provided from cash in the sales and service fund and accounts receivable and inventories on hand which may be con- verted into cash as of July 1, 1945. Any money received by said board from refunds for materials advanced for manufacture by the blind, from the sales of articles or goods manufactured by the blind, and from the sale of other articles or goods, or from sales held to assist the blind, shall be deposited in the fund. Payments shall be made from said fund for labor or services rendered in connection with the manufacture of articles for resale, for the pur- chase of materials used in such manufacture, for the purchase of merchandise for resale and for labor, supplies and other operat- ing expenses connected with the operation of vending stands and sales and service opportunities. Bills contracted by the board of education of the blind for the purposes specified in this section shall be paid by order of the comptroller against said fund in the manner provided by law for the payment of all claims against the state. At the end of each fiscal year, any surplus as of June thirtieth determined by including cash, accounts receivable and inventories less accounts payable over the sum of fifty thousand dollars derived from sales of manufactured goods or articles or other sales, in excess of said cost of labor or services, materials, merchandise, supplies and other said operating expenses, shall i evert to the general fund of the state. 1939 Sec. 277e 1945 Sec. 257h. Statement to be filed. The board of education of the blind shall annually file with the comptroller a balance sheet as of June thirtieth and a statement of operations for the fiscal year ending on that date. A copy of such statement shall be filed with the auditors of public accounts. 1945 Sec. 1052. Aids for adults. The benefits provided by section 1051 relating to furnishing machinery, tools and materials shall be extended to each blind person who has been a beneficiary of the state in any institution for the blind for the purposes of learning a trade which shall be conducive to his or her self-support, provid- ed such blind person shall be a legal resident of this state. Each adult blind person desiring to receive aid provided for in section 1051 shall make written application therefor to the state authori- ties having in charge the industrial education of the blind, which application shall be accompanied by a statement signed by not less than twelve reputable citizens of the town to which sucti blind person belongs, to the effect that such blind person is indus- trious, of good habits and capable of carrying on in a competent manner a trade which he or she has learned. Upon the approval of such application by said authorities, they may provide, under such conditions as they may deem necessary, machinery, tools and materials to the amount of not more than two hundred dollars in any one case, for the purpose of enabling such person to carry on such trade, and the appropriation made biennially by the gen- eral assembly for the care and education of the blind shall be made to include the sum deemed necessary by the proper state authorities to accomplish the provisions of this section during the succeeding biennial period. Each article so provided for such blind person and the income from labor obtained thereby shall be exempt from attachment. 1918, S. 1079 146 SOCIAL WELFARE LAWS OF CONNECTICUT Sec. 260h. Vocational rehabilitation; definitions. The stale board of education of the blind may maintain a rehabilitation ser- vice for the vocational rehabilitation and placement in remunera- ■ tive employment of persons whose capacity to earn a living has been lost or impaired by reason of lessened visual acuity. For the purpose of this section and sections 261h to 263h, inclusive: The term “vocational rehabilitation” shall mean any services, pro- vided directly or through public or private instrumentalities, found to be necessary to compensate a person for his em- ployment handicap, whose visual acuity has been impaired, and to enable him to engage in a remunerative occupation, includ- ing, but not limited to, medical and vocational diagnosis, vocation- al guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, custom- ary occupational tools and equipment, maintenance and training books and materials; the term “rehabilitation training” shall mean all necessary training provided for a person whose visual acuity has been impaired to compensate for his employment handicap, including, but not limited to, manual, preconditioning, prevocation- al, vocational and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacity; and the term “physical restoration” shall mean any medical, surgical or therapeutic treatment necessary to correct or substantially reduce within a reasonable length of time the em- ployment handicap of a person whose visual acuity has been im- paired, including, but not limited to, medical, psychiatric, dental and surgical treatment, nursing service, hospital care not to exceed ninety days, convalescent home care, drugs, medical and surgical supplies and prosthetic appliances, but excluding curative treat- ment for acute and transitory conditions. 1945 Sec. 26Ih. Federal funds. The state board of education of the blind is empowered to receive any federal funds made avail- able to this state under which vocational rehabilitation is provided for a person whose visual acuity has been impaired and to expend such funds for the purpose or purposes for which they are made available. The state treasurer shall be the custodian of such funds. 194ki Sec. 262h. Cooperation with federal government. The state board of education of the blind may cooperate, pursuant to agree- ments, with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be neces- sary to secure the full benefits of such federal statutes. 1946 Sec. 263h. Placement; rules and regulations. The state board of education of the blind may place in remunerative occupations persons whose capacity to earn a living has been lost or impaired by lessened visual acuity and who, in the opinion of the board, arc susceptible of placement, and may make such rules and regulations as are necessary for the administration of the provisions of sec- tions 260h to 264h, inclusive; and shall report biennially to the governor on said administration. 1945 Sec. 264h. Limitation of expenditures. The limitations on expenditures for a blind person provided in this chapter shall not apply to the expenditures for vocational rehabilitation of a person of lessened visual acuity as set forth in Sections 260h to 263h, in- clusive, provided the combined biennial expenditures under this SOCIAL WELFARE LAWS OF CONNECTICUT 147 chapter and under said sections shall not exceed the biennial ap- propriation to the state board of education of the blind by the general assembly. Sec. 1121e. Licensing of dogs used by blind persons. Any blind person who is the owner or keeper of a dog which has been trained and educated to guide and assist him, in traveling upon the public streets or highways or otherwise, shall receive from the town clerk of the town where such dog is owned or kept, upon payment of twenty-five cents, a license and tag for such dog, is- sued in accordance with the provisions of section 1365c of the 1935 supplement to the general statutes, and no additional fee shall be required of the owner or keeper of any such dog. When any such dog has not been previously registered and licensed by the town clerk to whom application is being made, such town clerk shall not register such dog nor issue to the owner a license and tag therefor unless written evidence shall be exhibited to him that the dog is trained and educated and intended in fact to per- form such guide service for such applicant. 1937, S- 696d Sec, 599g. Seeing-eye dogs on trains. Any blind person who is traveling on a train from one point in this state to another point in this state may keep his seeing-eye dog with him in any coach or pullman car of such train, provided such dog shall be in the direct custody of such blind person and is properly and safely muzzled. Such blind person shall not be required to obtain a pri- vate room or berth accommodations for such seeing-eye dog. a 943 Sec. 1446e. The use of certain canes by blind persons, (a) No person, except one wholly or partially blind, shall carry or use on any street or highway, or in any other public place, a cane or walking stick which is white in color or white tipped with red. (b) Any driver of a vehicle who shall approach or come into the immediate vicinity of a person wholly or partially blind, carrying a cane or walking stick white in color or white tipped with red, shall take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind. (c) Any person who shall violate any provision of this section shall be fined not more than twenty-five dollars. 1937,S. 857d Sec. 2928. Blind persons not to pay for license to sell their cwn work. No town, city or borough shall require any license fee from any blind person, resident of this state, for the privilege of selling within its limits, goods, wares and merchandise, manu- factured by him with his own hands. 1»18. S. 2999 Sec. 2424 as amended by Sec. 937c. Blindness among infants. Any inflammation, swelling or unusual redness in the eyes of any infant, either apart from or with any unnatural discharge from the eyes of such infant, occuring at any time within two weeks after the birth of such infant, shall for the purposes of this section, be designated as “inflammation of the eyes of the new- born.” The professional attendant or other person caring for a new-born infant shall report any such inflammation of the eyes ox the new-born to the local health officer within six hours after such condition shall be observed. **** The person in attendance at the birth of any infant shall instill into the eyes of such infant, immediately after birth, one or two drops of a prophylactic solu- tion approved by the state department of health. The state de- partment of health shall furnish in a convenient form for such use a prophylactic solution for gratuitous distribution to persons li- censed to practice the healing arts or midwifery. Any person who shall violate any provision of this section shall be fined not less than ten dollars nor more than fifty dollars. 1918, S. 2417 1921, C. 242 1930 1935 148 SOCIAL WELFARE LAWS OF CONNECTICUT Education of the Deaf 1921,C. 200 S. 2 1930, C. 57 S. 1053 1937. S. 201