Digest of Laws 
Compilation and Reference to Laws of 
Minnesota 
Relating to Public Assistance, 
Relief, and Children 
1946 
Published by 
THE STATE OF MINNESOTA, 
DIVISION OF SOCIAL WELFARE 
Jarle Leirfallom, Director Printed by the 
STATE PRISON PRINTING DEPARTMENT 
Stillwater, Minnesota 
55003 41874 4-40 3m msp TABLE OF CONTENTS 
Introduction 5 
Part I Division of Social Welfare 7 
Part II County Welfare Board 17 
Part III Old Age Assistance 29 
Part IV Aid to Dependent Children 51 
Part V Blind Assistance 65 
A. Aid to the Blind 69 
B. Blind Rehabilitation 76 
Part VI Relief of the Poor 79 
A. General Provisions 83 
B. County System of Poor Relief 96 
C. Town System of Poor Relief 101 
Part VII Child Welfare ’ 107 
A. Duties of Director in Behalf of Children 115 
B. Custody of Children 115 
C. Illegitimate Children 123 
D. Dependent, Neglected, and Delinquent Children 129 
E. State Public School for Dependent Children 144 
F. State Hospital for Crippled Children 146 
G. Maternity Hospitals 147 
H. Adoption; Change of Name 151 
I. Trust Funds 154 
J. Crimes By and Against Children 156 
Part VIII Hospitalization for Indigents and Others Unable Fin- 
ancially to Secure Hospital Care < 169 
A. Hospitalization for Indigents 173 
B. Hospitalization at University of Minnesota Hos- 
pitals 175 
Part IX Care of Consumptives in State and County Sanatoria 
and After Discharge Therefrom 183 
Page No 
III Introduction 
This book is primarily intended to serve as a convenient and author- 
atative legal reference for all persons and agencies concerned with the 
administration and supervision of the Public Assistance, Relief, Hos- 
pitalization, Care of Tuberculous, and Child Welfare programs in the 
State of Minnesota. Every effort has been made to achieve accuracy in 
reprinting of the statutes; however, in a case of controversy where exact 
wording of the statute is in question, the official statutes should be con- 
sulted. The last compilation on Child Welfare Laws was printed irr 
1935, by the Board of Control, predecessor to the present Division of 
Social Welfare. In 1940, the Division of Social Welfare printed a com- 
pilation of laws dealing with Public Assistance and Relief. 
While it is intended that this work should be comprehensive, it can- 
not for obvious reasons be all-inclusive in the public welfare field; it 
concerns itself with those laws which directly affect the social service 
programs administered by the Division of Social Welfare and omits, 
generally speaking, the welfare laws pertaining to the Division of Pub- 
lic Institutions, State Board of Health, and Industrial Commission. 
For convenience of the users, this book has been divided into the 
following parts: 
Part I —Division of Social Welfare. 
Part II —County Welfare Board. 
Part III -—Old Age Assistance. 
Part IV —Aid to Dependent Children. 
Part V —Blind Assistance. 
Part VI —Relief of the Poor. 
Part VII —Child Welfare. 
Part VIII—Hospitalization for Indigents and Others Unable Fin- 
ancially to Secure Hospital Care. 
Part IX —Care of Consumptives; State and County Sanatoria; 
and After Discharge Therefrom, 
Each of the foregoing parts is preceded by a complete index of the 
statutes contained in such part. 
All statutes herein are those contained in Minnesota Statutes, 1945, 
and represent the final Minnesota statutory law as of 1946. 
It is my hope and belief that this digest of laws will be of con- 
siderable value to those who have occasion to use it. The important 
work of compiling for the first time under one cover all of the laws from 
the many specialized fields of welfare work has been done very ably by 
L. J. Metcalf, Esq. of the Division of Social Welfare, whose many years 
of experience in dealing with welfare law have fitted him unusually well 
for a large task of this kind. j* PART I 
DIVISION OF SOCIAL WELFARE INDEX 
Page No. 
256.01 Director of Social Welfare; Powers and Duties 11 
257.175 Duties of Director in Behalf of Children; Executive Officers 13 
256.88 Social Welfare Fund Established 13 
256.89 Fund Deposited in State Treasury 14 
256.90 Social Welfare Fund; Use Disposition; Depositories 14 
256.91 Purposes 15 
256.92 Director of Social Welfare shall keep accounts 15 
256.93 Director of Social Welfare to take possession of estates in 
certain cases 15 
256.94 Conferences of Various Officials 16 
256.95 Expense of Attendance at Conference 16 
256.96 Cooperation with other Boards 16 DIVISION OF SOCIAL WELFARE 
(256.01) 
DIRECTOR OF SOCIAL WELFARE; POWERS AND DU- 
TIES. Subdivision 1. Certain powers of board of control trans- 
ferred. All the powers and duties now vested in or imposed upon the 
state board of control by the laws of this state or by any law of the 
United States are hereby transferred to, vested in, and imposed upon 
the director of social welfare, except the powers and duties otherwise 
specifically transferred by Laws 1939, Chapter 431, to other agencies. 
The director of social welfare is hereby constituted the “state agency” 
as defined by the social security act of the United States and the laws 
of this state. 
Subdivision 2. Specific powers enumerated. The director of 
social welfare shall: 
(1) Administer and supervise all forms of public assistance in the 
state including general relief, relief to transients and state homeless, 
relief to veterans, old age assistance, aid to dependent children, aid to 
the blind and otherwise handicapped persons and such other welfare 
activities or services as may from time to time be vested in the director. 
Nothing herein shall transfer from the soldiers home board any of its 
present rights, powers, or duties, all of which shall continue to be exer- 
cised by said board. 
(2) Administer and supervise all child welfare activities; pro- 
mote the enforcement of laws protecting defective, illegitimate, depend- 
ent, neglected and delinquent children; license and supervise private 
child-caring and child-placing agencies and institutions; supervise the 
care of children in boarding and foster homes or in private institutions 
and generally perform all functions relating to the field of child welfare 
now vested in the state board of control. 
(3) Administer and supervise all mental hygiene work involving 
persons not in a state institution. The authority and power conferred 
by this subdivision does not extend to administration or supervision of 
state institutions of mental hygiene nor to patients therein during the 
period of actual confinement, nor to mental testing, or to persons feeble- 
minded, epileptic, or mentally ill on parole from state institutions. 
(4) Administer and supervise all non-institutional services to the 
handicapped persons, including the blind, the deaf, the tubercular, the 
crippled, and otherwise handicapped persons. The authority and power 
conferred by this subdivision shall include such noninstitutional services 
to the handicapped as are now authorized to be performed by the state 
board of control and by the division of the deaf of the state industrial 
commission. 12 
DIVISION OF SOCIAL WELFARE 
(5) Assist and actively cooperate with other departments, agencies 
and institutions, local, state, and federal, by performing services in con- 
formity with the purposes of Laws 1939, Chapter 431, including the 
establishment of an efficient working relationship with the director of 
institutions relating to the care and supervision of individuals both prior 
to and after departure from institutions under the supervision of said 
director of institutions. 
(6) Act as the agent of and cooperate with the federal govern- 
ment in matters of mutual concern relative to and in conformity with 
the provisions of Laws 1939, Chapter 431, including the administration 
of any federal funds granted to the state to aid in the performance of 
any functions of the director as specified in Laws 1939, Chapter 431, 
and including the promulgation of rules and regulations making uni- 
formly available medical care benefits to all recipients of public assistance 
at such time as the federal government increases its participation in 
assistance expenditures for medical care to recipients of public assist- 
ance, the cost thereof to be borne in the same proportion as are the 
grants of aid to said recipients. 
(7) Establish and maintain such administrative units as may rea- 
sonably be necessary for the performance of administrative functions 
common to all divisions of the department. 
(8) Administer and supervise such additional welfare activities 
and services as may, from time to time, hereafter be vested by law in 
the state department. 
(9) Establish within his division a bureau of old age assistance, 
of aid to dependent children, and a bureau of child welfare. 
(10) The director is hereby specifically constituted as guardian of 
both the estate and the person of all of the wards of the state of Minne- 
sota and other persons the guardianship of whom has been heretofore 
vested in the state board of control, whether by operation of law or by 
an order of court, without any further act or proceeding whatever, ex- 
cept as to persons committed as feebleminded or epileptic. All of said 
guardianships, and the funds and property of the same, are hereby 
transferred to and vested in said director, and said director is hereby 
constituted a legal entity and is hereby empowered to act as guardian 
under any laws of this state heretofore conferring such powers upon the 
state board of control. 
(11) All the powers and duties vested in or imposed upon the 
director of public institutions with reference to the state sanatorium for 
consumptives are hereby transferred to, vested in, and imposed upon the 
director of social welfare. 
(12) The specific enumeration of powers and duties as herein- DIVISION OF SOCIAL WELFARE 
13 
above set forth shall in no way be construed to be a limitation upon the 
general transfer of powers herein contained. 
Subdivision 3. Certain powers of executive council transfer- 
red. All the powers and duties now vested in or imposed upon the 
executive council, or any other agency which may have succeeded to its 
authority, relating to the administration and distribution of direct relief 
to the indigent or destitute, including war veterans and their families 
and dependents, are hereby transferred to, vested in, and imposed upon 
the director of social welfare. 
Note: In (1) above “relief to veterans” was transferred to the department 
of veterans affairs by laws 1943, chapter 420, section 5. 
(257.175) 
DUTIES OF DIRECTOR IN BEHALF OF CHILDREN; 
EXECUTIVE OFFICERS. It shall be the duty of the director of 
social welfare to promote the enforcement of all laws for the protection 
of defective, illegitimate, dependent, neglected, and delinquent children, 
to cooperate to this end with juvenile courts and all reputable child- 
helping and child-placing agencies of a public or private character, and 
to take the initiative in all matters involving the interests of such chil- 
dren where adequate provision therefor has not already been made. The 
director shall have authority to appoint and fix the salaries of a chief 
executive officer and such assistants as shall be deemed necessary to 
carry out the purposes of sections 257.32 to 257.38. 
Note: Section 257.34 is the base of child welfare legislation in Minnesota. 
Subdivision (2) of section 256.01 covers most of section 257.34 but omits a very 
important provision; namely, that it shall be the duty of the director of social 
welfare * * * “to take the initiative in all matters involving the interests of 
such children where adequate provision therefor has not already been made”. 
Powers and duties respecting children committed to state training school 
for boys and Minnesota home school for girls vested in the state director of 
public institutions, state board of parole, director of social welfare, or any other 
state agency are transferred to the director of public institutions. Laws 1941, 
c. 356. 
Laws 1941, c. 356, as far as it goes, supersedes laws 1941, c. 159, and 
functions of public guardianship and other custodial authority over children 
committed either to training school for boys or to home school for girls are vested 
in director of public institutions, including money belonging to them. Op, Atty. 
Gen. (88A-4), Jan. 2, 1942. 
(256.88) 
SOCIAL WELFARE FUND ESTABLISHED. Except as here- 
inafter expressly provided otherwise, all moneys and funds now or here- 
after held by the director of social welfare and the county welfare boards 
of the several counties in trust or for the benefit of defective, illegiti- 
mate, dependent, neglected, and delinquent children or persons feeble- 
minded, inebriate, or insane, or other wards or beneficiaries, under any 
law now or hereafter in force, shall be and the same hereby are consti- 
tuted and made into a single fund to be known as the “social welfare 14 
DIVISION OF SOCIAL WELFARE 
fund” which shall be deposited at interest, held, or disbursed as provided 
in sections 256.89 to 256.92. 
(256.89) 
FUND DEPOSITED IN STATE TREASURY. The social 
welfare fund and all accretions thereto shall be deposited in the state 
treasury, as a separate and distinct fund, to the credit of the director 
of social welfare as trustee for the beneficiaries thereof in proportion to 
their several interests. The state treasurer shall be responsible only to 
the director of social welfare for the sum total of the fund, and shall 
have no duties nor direct obligations toward the beneficiaries thereof 
individually. Subject to the regulations of the director of social welfare 
moneys so received by a county welfare board may be deposited by the 
executive secretary of the county welfare board in a local bank carrying 
federal deposit insurance, designated by the county welfare board for 
this purpose. The amount of such deposit in each such bank at any one 
time shall not exceed the amount protected by federal deposit insurance. 
(256.90) 
SOCIAL WELFARE FUND; USE DISPOSITION; DE- 
POSITORIES. The director of social welfare and the director of 
public institutions at least 30 days before the first day of January 
and the first day of July in each year shall file with the state treasurer 
an estimate of the amount of the social welfare fund to be held in the 
treasury during the succeeding six months’ period, subject to current 
disbursement. Such portion of the remainder thereof as may be at any 
time designated by the request of the director of social welfare and 
the director of public institutions may be invested by the state treas- 
urer in bonds in which the permanent trust funds of the state of Min- 
nesota may be invested, upon approval by the state board of investment. 
The portion of such remainder not so invested shall be placed by the 
treasurer at interest for the period of six months, or when directed by 
the director of social welfare and the director of public institutions, 
for the period of 12 months thereafter at the highest rate of inter- 
est obtainable in a bank, or banks, designated by the board of deposit as 
a suitable depository therefor. All the provisions of law relative to the 
designation and qualification of depositories of other state funds shall 
be applicable to sections 256.88 to 256.92, except as herein otherwise 
provided. Any bond given, or collateral assigned or both, to secure a 
deposit hereunder may be continuous in character to provide for the 
repayment of any moneys belonging to the fund theretofore or there- 
after at any time deposited in such bank until its designation as such 
depository is revoked and the security thereof shall be not impaired by 
any subsequent agreement or understanding as to the rate of interest to 
be paid upon such deposit, or as to time for its repayment. The amount 
of money belonging to the fund deposited in any bank, including other 
state deposits, shall not at any time exceed the amount of the capital DIVISION OF SOCIAL WELFARE 
15 
stock thereof. In the event of the closing of the bank any sum deposited 
therein shall immediately become due and payable. 
(256.91) 
PURPOSES. From that part of the social welfare fund held in 
the state treasury subject to disbursement as provided in section 256.90 
the director of social welfare at any time may pay out such amounts as 
he deems proper for the support, maintenance, or other legal benefit 
of any of the defective, illegitimate, dependent, neglected, and delin- 
quent children, or persons feeble-minded, inebriate, or insane, or other 
wards or persons entitled thereto, not exceeding in the aggregate to or 
for any person the principal amount previously received for the benefit 
of the person, together with the increase thereof from an equitable ap- 
portionment of interest realized from the social welfare fund. 
When any such person dies or is finally discharged from the guard- 
ianship, care, custody, and control of the director of social welfare the 
amount then remaining subject to use for the benefit of such person 
shall be paid as soon as may be from the social welfare fund to the per- 
sons thereto entitled by law. 
(256.92) 
DIRECTOR OF SOCIAL WELFARE SHALL KEEP AC- 
COUNTS. It shall be the duty of the director of social welfare and 
of the county welfare boards of the several counties of this state to cause 
to be deposited with the state treasurer all moneys and funds in their 
possession or under their control and designated by section 256.91 as 
and for the social welfare fund; and all such moneys and funds shall 
be so deposited in the state treasury as soon as received. The director of 
social welfare shall keep books of account or other records showing sep- 
arately the principal amount received and deposited in the social wel- 
fare fund for the benefit of any person, together with the name of such 
person, and the name and address, if known to the director of social 
welfare, of the person from whom such money was received; and, at 
least once every two years, the amount of interest, if any, which the 
money has earned in the social welfare fund shall be apportioned there- 
to and posted in the books of account or records to the credit of such 
beneficiary. 
The provisions of sections 256.88 to 256.92 shall not apply to any 
fund or money now or hereafter deposited or otherwise disposed of 
pursuant to the lawful orders, decrees, judgments, or other directions 
of any probate or district court having jurisdiction thereof. 
(256.93) 
DIRECTOR OF SOCIAL WELFARE TO TAKE POSSES- 
SION OF ESTATES IN CERTAIN CASES. Subdivision 1. Limi- 
tations. In any case where the guardianship of the person of any de- 
fective, illegitimate, dependent, neglected or delinquent child, has been 
committed to the director of social welfare, and in any case where the 16 
DIVISION OF SOCIAL WELFARE 
guardianship of the person of any feebleminded or epileptic person has 
been committed to the director of public institutions, and such person’s 
estate shall consist only of personal property not exceeding in value the 
sum of $1,000, and there shall be no guardian of the estate of such 
person, the probate court having jurisdiction of such estate may on such 
notice as the court may direct and upon notice to the director to whose 
guardianship said person has been committed, authorize such director to 
take possession of the property in such estate, liquidate the same, and 
hold the proceeds thereof in trust for such ward, to be invested, expend- 
ed and accounted for as provided by sections 256.88 to 256.92. 
Subdivision 2. Annual report filed with probate court. The 
director of social welfare and the director of public institutions shall 
annually or at such other times as the probate court may direct file 
with the court an account of moneys received and disbursed by each 
of them for their respective wards, pursuant to subdivision 1. Upon 
petition of the ward or of any person interested in such estate and upon 
notice to the director to whose guardianship such ward has been com- 
mitted, the probate court may terminate such trust and require final 
accounting thereof. 
(256.94) 
CONFERENCES OF VARIOUS OFFICIALS. For the pur- 
pose of promoting economy and efficiency in the enforcement of laws 
relating to children, and particularly of laws relating to defective, delin- 
quent, dependent, and neglected children, the director of social welfare 
may, at such times and places as he deems advisable, call an annual con- 
ference with officials responsible for the enforcement of such laws. 
When practicable such conference shall be held at the same time and 
place as the state conference of social work. 
(256.95) 
EXPENSE OF ATTENDANCE AT CONFERENCE. The 
necessary expenses of all probate judges and of one member of the coun- 
ty child welfare board in each county invited to attend such conference 
shall be paid out of the funds of their respective counties. 
Note: Functions of county child welfare boards are now handled by coun- 
ty welfare boards. 
COOPERATION WITH OTHER BOARDS. The director of 
social welfare and the several county child welfare boards within their 
respective jurisdictions, upon request of county boards, city, village, or 
borough councils, town boards, or other public boards or authorities 
charged by law with the administration of the laws relating to the 
relief of the poor, may cooperate with such boards and authorities in 
the administration of such laws. 
(256.96) 
Note: Functions of county child welfare boards are now handled by coun- 
ty welfare boards. PART II 
COUNTY WELFARE BOARD INDEX 
Page No. 
393.01 Establishment 21 
393.02 Oath 24 
393.03 Per Diem of Members 24 
393.04 Organization 24 
393.05 County to provide offices 25 
393.06 Salary and Expenses of County Welfare Board 25 
393.07 Powers and Duties 25 
393.08 Estimates furnished to County Board 27 
393.09 To Meet Monthly : 28 COUNTY WELFARE BOARD 
(393.01) 
ESTABLISHMENT. Subdivision 1. Membership. There shall 
be established in each county of the state a county welfare board which 
shall consist of the number of members, as hereinafter provided, to be 
chosen as follows. 
Subdivision 2. Selection of Members. Except in counties which 
contain a city of the first class and counties having a poor and hospital 
commission, the county welfare board shall consist of seven members, 
including the board of county commissioners, to be selected as herein 
provided; two members, one of whom shall be a woman, shall be ap- 
pointed by the director of social welfare from a list of residents, five 
men and five women, submitted by the board of county commissioners. 
One member shall hold office for the term of one year, and one for 
the term of two years, and thereafter as 'each term expires or a vacancy 
occurs by reason of death or resignation a successor shall be appointed 
by the director of social welfare for the full term of two years from a 
list of five residents submitted by the board of county commissioners. 
The board of county commissioners may, by resolution adopted by a 
majority of the board, determine that only three of their members shall 
be members of the county welfare board, in which event the county 
welfare board shall consist of five members instead of seven. When a 
vacancy occurs on the county welfare board by reason of the death, resig- 
nation, or expiration of the term of office of a member of the board of 
county commissioners, the unexpired term of such member shall be filled 
by appointment by the county commissioners. Except to fill a vacancy 
and for the first year of its existence the term of office of each member 
of the county welfare board shall commence on the first Thursday 
after the first Monday in July, and continue until the expiration of 
the term for which such member was appointed or until a successor is 
appointed and qualifies. If the board of county commissioners shall 
refuse, fail, omit, or neglect to submit the list of residents to the director 
of social welfare for appointment to the county welfare board by the 
director of social welfare, as herein provided, or to appoint the three 
members to the county welfare board, as herein provided, by the time 
when the terms of such members commence, or, in the event of vacancies, 
for a period of 30 days thereafter, the director of social welfare is hereby 
empowered to and shall forthwith appoint residents of the county to 
the county welfare board. Before the director of social welfare shall 
fill any vacancy hereunder resulting from the failure or refusal of the 
board of county commissioners of any county to act, as required herein, 
the director of social welfare shall mail 15 days’ written notice to 
the board of county commissioners of its intention to fill such vacancy 
or vacancies unless the board of county commissioners shall act before 22 
COUNTY WELFARE BOARD 
the expiration of the 15-day period. 
Subdivision 3. County board to be county welfare board in 
certain counties. In any county containing a city of the first class 
operating under a home rule charter, wherein there is established in such 
city a board of public welfare for administration of poor relief in such 
city only, the board of county commissioners shall be the county welfare 
board. In such counties the members shall be reimbursed by the county 
for expenses actually incurred in the performance of their official duties 
under the provisions of this chapter. In such counties the county auditor 
shall be ex officio secretary of the board, but shall have no voice in its 
proceedings. In such counties the system of caring for the poor in effect 
at the time of the passage of this chapter shall be continued, subject to all 
provisions of law relating thereto, except that, if such county is operat- 
ing under the township system of caring for the poor, such towns, vil- 
lages, and cities o'f the third and fourth classes therein may, by resolution 
of its governing body, agree with the county welfare board that the latter 
shall supervise and administer the poor relief fund in such town, village, 
or city, or contract with any one or more of the public subdivisions of 
the county for the purpose of jointly supervising and administering the 
poor relief funds in such towns, villages, or cities. In any such county 
the powers and duties of such board of public welfare shall not be af- 
fected by the provisions of this chapter. Such board of public welfare, in 
administering poor relief funds granted by any state agency authorized 
so to do by law, shall comply with all standards of administration and 
procedure prescribed by such agency. 
Subdivision 4. Board of public welfare to be county welfare 
board in certain counties. In any county and any city of the first 
class within such county, which such city shall contain taxable property 
having an assessed valuation of more than 90 per cent of the assessed 
valuation for taxation purposes of all property in such county, the board 
of public welfare shall be continued as the county welfare board and 
shall be appointed or elected as provided by Laws 1929, Chapter 371, 
as amended. This board shall receive such compensation and have and 
exercise all the powers as provided by Laws 1929, Chapter 371, as 
amended, in addition to any other and further powers granted herein 
and shall have and perform all of the additional duties referred to in 
section 393.07, except that the executive secretary of such board shall 
be appointed and his salary shall be fixed pursuant to section 393.04. 
Subdivision 5. Board of poor commissioners to be county wel- 
fare board in St. Louis County. In any county in this state having a 
population of more than 75,000 and an area of over 5,000 square miles, 
the board of poor commissioners shall be continued as the county wel- 
fare board and shall be appointed or elected as provided by Sections COUNTY WELFARE BOARD 
23 
264.01, 264.02, 264.03, and 264.04. The board shall receive such com- 
pensation and shall have and exercise all the powers as provided by 
Sections 264.01, 264.02, 264.03, and 264.04, in addition to any other 
and further powers granted herein and shall have and perform all the 
additional duties referred to in Section 393.07. 
Note: Section 264.01, Minnesota Statutes 1945, relating 
to St. Louis County, provides as follows: 
“264.01. BOARD OF POOR COMMISSIONERS. 
Subdivision 1. In counties having a population of over 75,000, 
and an area of over 5,000 square miles, the county welfare 
board shall consist of five members. 
“Subd. 2. Three members shall be appointed by the board 
of county commissioners of such county, with the approval of 
the judges of the district court of the judicial district in which 
such county is located. The successor to the member whose 
term expires on the first Monday in January, 1944, shall be 
appointed for a term of six years. The term of the member 
whose term would otherwise expire on the first Monday of 
January, 1945, shall be extended until the first Monday in 
January, 1946, at which time his successor shall be appointed 
for a period of six years. The term of the member whose term 
would otherwise expire on the first Monday in January, 1946, 
shall be extended to the first Monday of January, 1948, at 
which time his successor shall be appointed for a term of six 
years. Thereafter members shall be appointed for a term of 
six years beginning on the first Monday in January of each 
even numbered year and vacancies shall be filled by like ap- 
pointment for the unexpired term. 
“Subd. 3. At the first regular meeting of the board of 
county commissioners in May, 1945, the board of county com- 
missioners shall select from among its own members two ad- 
ditional members of the county welfare board, who shall serve 
until the first meeting in January, 1946, at which meeting the 
board of county commissioners shall select from among its own 
members two members of the county welfare board, one to 
serve for a term of one year and one to serve for a term of two 
years. Annually thereafter at the first meeting in January in 
each year, the board of county commissioners shall elect from 
its own members a member of the county welfare board to 
serve for a term of two years. The members of the county wel- 
fare board named in this subdivision must during their period 
of service on the county welfare board also be members of the 
board of county commissioners. 24 
COUNTY WELFARE BOARD 
“Subd. 4. Annually on the first Monday in January, the 
board shall elect, from its number a chairman, and vice-chair- 
man to serve for one year, and until their successors qualify. 
It shall make rules for the government of its proceedings, and 
fixing the time for holding its meetings, and may amend the 
same at any time. All of its meetings shall be public. The mem- 
bers, except the members who are also members of the board 
of county commissioners, shall receive $10 per day but not to 
exceed $250 in any one year, and each shall be repaid out of the 
county welfare fund for his necessary expenses, a verified and 
itemized statement of which shall be filed with and approved 
by the board. It shall be provided with a suitable office, the ex- 
penses whereof shall be paid out of the county welfare fund.” 
Subdivision 6. Poor and hospital commission to be county 
welfare board in certain counties. In any county now having a 
board of poor and hospital commissioners, said board of poor and hos- 
pital commissioners shall have the same powers and duties as the county 
welfare board in other counties, and shall be the county welfare board, 
and shall also retain and exercise the powers and duties conferred upon 
such board by Laws 1917, Chapter 187, as amended by Laws 1931, 
Chapter 60, in counties in which said 1917 law as amended is applicable. 
(393.02) 
OATH. Each member of the county welfare board, other than 
those holding some other public office for which they have qualified, 
shall take the oath of office prescribed in section 358.05 and file same 
in the office of the auditor of the county for which such member was 
appointed. No person shall be qualified to act as a member of the 
county welfare board until such oath has been filed. 
(393.03) 
PER DIEM OF MEMBERS. Except as provided in section 
393.01, subdivisions 3 and 4, the members of the county welfare board 
shall receive, in addition to any salaries they may receive from any 
other source, from the state or county or any municipality, the sum of 
$5.00 per day for time actually spent in transacting the business of the 
board not exceeding a maximum of 25 days a year. Members shall be 
reimbursed by the county for expenses actually incurred in the per- 
formance of their official duties. 
Note: The $5.00 payment provision has been in effect since April 21, 1945. 
(393.04) 
ORGANIZATION. The county welfare board shall, at its first 
meeting, and thereafter at its annual meeting on the first Thursday 
after the first Monday in July each year meet and organize by electing 
a chairman, a vice-chairman, and a secretary, except as provided in sec- 
tion 393.01, subdivision 3, each of whom shall perform the customary COUNTY WELFARE BOARD 
25 
duties of his office. The board shall appoint an executive secretary and 
such assistants and clerical help as it may deem necessary to perform the 
work of the board. The appointment of the executive secretary shall be 
made in accordance with rules and regulations to be adopted by the 
director of social welfare and shall be chosen upon the basis of his ex- 
perience, training, and general qualifications for the work. His salary 
shall be fixed by the county welfare board, except the salary of the 
executive secretary of the county welfare board appointed pursuant to 
section 393.01, subdivision 4, which salary shall be approved by the board 
of county commissioners of any such county and the city council of any 
city of the first class located within such county, and the county welfare 
board shall fix the salary of such other employees as it may hire. 
The welfare board shall require its executive secretary and such 
other of its employees as it may determine, to execute and file with it 
a bond conditioned as are other official bonds, to the state, with cor- 
porate sureties to be approved by it, in such amount as it may fix, not 
less than $1,000, and the premium thereon shall be paid by the board. 
(393.05) 
COUNTY TO PROVIDE OFFICES. The county, except as 
provided in section 393.01, subdivision 4, shall provide suitable offices 
for the county welfare board and its employees. 
(393.06) 
SALARY AND EXPENSES OF COUNTY WELFARE 
BOARD. The salaries, office, traveling, and other necessary expenses 
of the county welfare board, including such amount as may be allowed 
in the discretion of the county board as compensation for cashing old 
age assistance and other welfare board checks, shall be paid by the coun- 
ty, except as provided in section 393.01, subdivision 4, and shall be sub- 
ject to reimbursement out of state and federal funds as may be pro- 
vided by law. 
(393.07) 
POWERS AND DUTIES. Subdivision 1. Assumes duties of 
county child welfare board. After its establishment the county wel- 
fare board shall forthwith assume the powers, duties, and responsibilities 
of the county child welfare board, if any, existing in the county, and 
shall perform such duties as may be required of the county child welfare 
board or by law or by the director of social welfare with regard to the 
enforcement of all laws for the protection of defective, illegitimate, de- 
pendent, neglected, and delinquent children. 
Subdivision 2. Administers all forms of public assistance and 
public welfare. The county welfare board, except as provided in sec- 
tion 393.01, subdivision 3, shall be charged with the duties of adminis- 
tration of all forms of public assistance and public welfare, both of 
children and adults, and shall supervise, in cooperation with the di- 26 
COUNTY WELFARE BOARD 
rector of social welfare, the administration of all forms of public as- 
sistance which now are or hereafter may be imposed on the director of 
social welfare by law, including aid to dependent children, old age as- 
sistance, veterans aid, aid to the blind, and other public assistance or 
public welfare purposes. The duties of the county welfare board shall 
be performed in accordance with the standards, rules and regulations 
which may be promulgated by the director of social welfare in order 
to comply with the requirements of the federal social security act and 
to obtain grants-in-aid available under that act. 
Subdivision 3. Administers all forms of public assistance and 
public welfare within purview of federal social security act. 
The county welfare board provided for in section 393.01, subdivision 
3, shall be charged with the duties of administration of all forms of pub- 
lic assistance and public welfare within the purview of the federal social 
security act and which now are, or hereafter may be, imposed on the 
director of social welfare by law, of both children and adults, including 
aid to dependent children, old age assistance, and aid to the blind. The 
duties of such county welfare board shall be performed in accordance 
with the standards, rules and regulations which may be promulgated by 
the director of social welfare in order to comply with the requirements 
of the federal social security act and to obtain grants-in-aid available 
under that act. 
Subdivision 4. Rules and regulations; financial statement 
published. The director of social welfare shall be the authority to 
adopt and enforce rules and regulations concerning the use and publica- 
tion of lists of public assistance recipients and governing the custody, 
use, and preservation of public assistance records, files, and communica- 
tions. The director of social welfare shall adopt such rules and regula- 
tions as may be necessary to comply with the requirements of the federal 
social security board; but in any event shall provide for the annual pub- 
lication of a summary financial statement giving total expenditures for 
each of the several programs of public assistance; and shall make all 
finance records available for such examinations and audits as are re- 
quired by law. No use or publication of the lists, records, files, and 
communications herein referred to shall be made until such rules and 
regulations are adopted, and then only in the manner and form therein 
provided. All other laws, or parts of laws, now in effect inconsistent 
with the provisions of this chapter are hereby repealed, superseded, modi- 
fied, or amended so far as necessary to conform to and give full force 
and effect to the provisions of this chapter. The provisions of this chapter 
will not be construed to apply to poof relief or direct relief. 
Subdivision 5. Methods of administration required. The di- 
rector of social welfare shall have authority to require such methods of COUNTY WELFARE BOARD 
27 
administration as are necessary for compliance with requirements of the 
federal social security act, as amended, and for the proper and efficient 
operation of all welfare programs. This authority to require methods 
of administration includes methods relating to the establishment and 
maintenance of personnel standards on a merit basis as concerns all em- 
ployees of county welfare boards except those employed in an institution, 
sanatorium, or hospital. The director of social welfare shall exercise no 
authority with respect to the selection, tenure of office, and compensa- 
tion of any individual employed in accordance with such methods. The 
adoption of methods relating to the establishment and maintenance of 
personnel standards on a merit basis of all such employees of the county 
welfare boards and the examination thereof, and the administration 
thereof shall be directed and controlled exclusively by the director of 
social welfare. 
(393.08) 
ESTIMATES FURNISHED TO COUNTY BOARD. On or 
before the first day of July each year the county welfare board, except 
any such board referred to in section 393.01, subdivisions 3 and 4, shall 
submit to the county board of commissioners an estimate of the amount 
needed by it to perform its duties, including expenses of administration, 
and the county board of commissioners shall consider the estimates so sub- 
mitted and, if approved, shall levy a tax as provided by law for the pur- 
poses. In the event the estimate is not approved, the county board of com- 
missioners shall confer with the county welfare board and adjust a budget 
in accordance with the facts and levy a tax for the amount required. 
In counties referred to in section 393.01, subdivision 3, the estimate 
required shall not include poor relief in such counties or institutional 
requirements in any city of the first class located therein. The tax levy 
by the county board of commissioners in such counties shall be such as is 
required for categories of aid under the federal social security act, and 
shall be separate and distinct from other levies made by it. The govern- 
ing body of any such city of the first class may annually levy a tax for 
poor relief as authorized by such home rule charter, on the real and 
personal property within the corporate limits of such city. Such tax levy 
and the proceeds thereof shall be subject to the same control and super- 
vision as is imposed on any existing public welfare tax levy. 
On the first day of July of each year the county welfare board 
referred to in section 393.01, subdivision 4, shall present its estimate of 
the amount needed by it to perform its duties, including expense of ad- 
ministration, to the board of county commissioners of any such county 
and the council of the city of the first class located in such county. Such 
board of county commissioners and such city council shall proceed to 
consider and scrutinize the estimates so submitted, and shall have the 
power to reduce the same and when approved, the cost of all such relief, 
including the maintenance of any almshouse, sanatorium, or hospital 28 
COUNTY WELFARE BOARD 
maintained by such county and city shall be paid per cent by such 
county and per cent by such city. 
(393.09) 
TO MEET MONTHLY. The county welfare board shall meet 
and advise with the executive secretary at least once each month and the 
executive secretary shall report and be responsible to the county welfare 
board and shall be directed in his activities by the board. The executive 
secretary shall be charged with the administration of the duties of the 
county welfare board and shall perform such additional duties as the 
county welfare board may designate. PART III 
OLD AGE ASSISTANCE INDEX 
Page No, 
256.11 State Old Age Assistance; Policy Declared 33 
256.12 Definitions 33 
256.13 State Agency; Duties 33 
256.14 County Agencies; Duties 35 
256.15 Pensioners; Pension; Other Assistance 35 
256.16 Applicant; Age; Citizenship; Residence; Institutional Care 36 
256.17 Absence in State or Federal Service 37 
256.18 Disqualification of Pensioners 37 
256.19 Legal Settlement 37 
256.20 Investigations; Determination; Renewal of Application 38 
256.21 Appeals; Reviews 38 
256.22 Attorney General, County Attorney; Duties 40 
256.23 Subpoenas 40 
256.24 Death of Recipient; Funeral Expenses; Claim Against 
Estate 40 
256.25 Old Age Assistance to be allowed as claim in Probate 
Court 41 
256.26 Old Age Assistance; Liens 41 
256.263 Land acquired by the State under Old Age Assistance liens 44 
256.27 Reimbursement of United States out of Amounts Collected 44 
256.28 Payment to Trustee of Recipient 44 
256.29 Assignability of Pension; Exemption 44 
256.30 Reports by Recipient 44 
256.31 Unlawfully Obtaining Assistance; Gross Misdemeanor 45 
256.32 Cancelation of Certificate 45 
256.33 Payment by County; Cost; Reimbursement 45 
256.34 County Budget; Levy; Transfer of Funds; Warrants; Over- 
drafts; Claims for Reimbursement; Payment 46 
256.35 Mandamus to Compel Compliance 47 
256.36 Change of Residence of Recipient 47 
256.37 Funeral expenses paid by County; Reimbursement by State 47 
256.38 Assistance Granted under Prior Law; Modification or 
Revocation 48 
256.39 Modification by Groups 48 
256.40 Suspension of Prior Laws; Validation; Act inoperative in 
event of repeal or invalidity of Federal law; Instru- 
ments, how signed 48 
256.41 Reservation of Right to Amend, Repeal, or Suspend Law _ 49 
256.42 Act Dependent on Federal Aid; Reduction of Assistance 49 
256.43 Appropriation 49 Page No, 
256.44 Supplemental Aid to Old Age Assistance in Distressed 
Counties; What Constitutes Distress 49 
256.45 Fund; Distribution 49 
256.46 Certification of Distress; Payment 49 
256.47 Certification as to levy of tax excused in certain cases 50 
256.48 Certification as to tax levy unnecessary in certain counties 50 OLD AGE ASSISTANCE 
(256.11) 
STATE OLD AGE ASSISTANCE; POLICY DECLARED. 
The care and relief of aged persons who are in need and whose physical 
or other conditions or disabilities seem to render permanent their in- 
ability to provide properly for themselves is hereby declared to be a 
special matter of state concern and a necessity in promoting public 
health and welfare. To provide such care and assistance a state wide 
system of old age assistance is hereby established. 
(256.12) 
DEFINITIONS. Subdivision 1. Old age assistance or assist- 
ance. As used in sections 256.11 to 256.43, the term “old age assistance” 
or “assistance” means money payments for aged persons, made there- 
under. 
Subdivision 3. Applicant. As used in sections 256.11 to 256.43, 
the word “applicant” means any person who has applied for old age 
assistance. 
Subdivision 5. Recipient. As used in sections 256.11 to 256.43, 
the word “recipient” means any person who has been granted old age 
assistance. 
Subdivision 7. County agency or county agencies. As used in 
sections 256.11 to 256.43, the term “county agency” or “county agen- 
cies” means the board of county commissioners or such other board as 
may be therein authorized to administer sections 256.11 to 256.43 in 
any county; provided, in any county having a poor commission au- 
thorized to administer poor relief with all the powers of the county 
board in counties having the county system of administering such poor 
relief, and where such poor relief is administered by and under the su- 
pervision of the poor commission, the term “county agency” means the 
poor commission and the poor commission shall have all the powers, 
rights, and duties vested in the board of county commissioners and 
the county auditor, respectively, and for these purposes the poor com- 
mission shall have authority to employ such additional assistance as shall 
be found necessary. 
Subdivision 10. State agency. As used in sections 256.11 to 
256.43, 256.49 to 256.71, and 256.72 to 256.87, the term “state agency” 
means the director of social welfare in the department of social security. 
(256.13) 
STATE AGENCY; DUTIES. The state agency shall 
(1) Supervise the administration of old age assistance by the coun- 
ty agencies under sections 256.11 to 256.43; 34 
OLD AGE ASSISTANCE 
(2) Make uniform rules and regulations, not inconsistent with 
law, for carrying out and enforcing the provisions of sections 256.11 
to 256.43 in an efficient, economical, and impartial manner, and to the 
end that the old age assistance system may be administered uniformly 
throughout the state, having regard for varying costs of living in dif- 
ferent parts of the state, and in all things to carry out the spirit and 
purpose of these sections. Such rules and regulations shall be made by 
the director of the division of social welfare, with the approval of the 
attorney general as to form and legality, and shall be furnished im- 
mediately to all county agencies and shall be binding on such county 
agencies ; 
(3) Prescribe the form of, print, and supply to the county agen- 
cies, blanks for applications, reports, affidavits, and such other forms 
as it may deem necessary or advisable, and establish a uniform system 
of accounting; 
(4) Cooperate with the federal social security board, created by 
Title 7 of the social security act, Public No. 271, enacted by the 74th 
congress of the United States and approved August 14, 1935, in any 
reasonable manner as may be necessary to qualify for federal aid for 
assistance including the making of such reports in such form and con- 
taining such information as the federal social security board may, from 
time to time, require, and comply with such provisions as such board 
may, from time to time, find necessary to assure the correctness and 
verifications of such reports; 
(5) Within 60 days after the close of each fiscal year, prepare 
and print for the fiscal year a report which shall include a full account 
of the operation of sections 256.11 to 256.43, the expenditure of all 
funds thereunder, adequate and complete statistics divided by counties, 
concerning all old age assistance within the state, and such other infor- 
mation as it may deem advisable; 
(6) Prepare and release a summary statement monthly showing 
by counties the amount paid under sections 256.11 to 256.43, the total 
number of persons assisted, and the total administrative cost of the state 
agency; 
(7) Furnish information to acquaint aged persons and the public 
generally with the old age assistance plan of this state; and 
(8) Cooperate with other state agencies in establishing reciprocal 
agreements to provide for payment of old age assistance to recipients who 
have moved from Minnesota to another state, consistent with the pro- 
visions of sections 256.11 to 256.43. OLD AGE ASSISTANCE 
35 
(256.14) 
COUNTY AGENCIES; DUTIES. Subdivision 1. Administra- 
tion. r\ he county agencies shall administer the old age assistance system 
in their respective counties under the supervision of the state agency, 
and shall make such reports, prepare such statistics, and keep such rec- 
ords and accounts in relation to old age assistance as the state agency 
may require. 
Subdivision 2. Investigations. In a county having a board of pub- 
lic welfare as authorized by Laws 1929, Chapter 371, the board of coun- 
ty commissioners may delegate to such board of public welfare, subject 
to the supervision of the board of county commissioners, the investiga- 
tion of applications and recipients, decisions upon applications and the 
fixing of the amount of old age assistance, if any. 
Subdivision 3. Deputy clerks of court to accept applications. 
In any county having a poor commission, it shall be the duty of the 
poor commission to designate the deputy clerks of court at such places 
where regular terms of court are held in the county as clerks for the 
purpose of accepting applications for such old age assistance. It shall be 
the duty of such clerks of court to aid and assist the applicant in mak- 
ing out his application for such old age assistance. 
Subdivision 4. Official investigators. In a county having an of- 
ficial investigator appointed as provided in Mason’s Minnesota Statutes 
of 1927, Section 8676, the board of county commissioners may delegate 
such investigation to such official investigator subject to the supervision 
of the board of county commissioners. 
Subdivision 5. Other investigators appointed. The county agen- 
cy may appoint some person or other agency to investigate applications 
and recipients and assist applicants in making out of applications, al- 
ways, however, subject to the supervision of the county agency; provided, 
that decisions upon applications and fixing of amount of old age assistance 
shall be made by the county agency. 
(256.15) 
PENSIONERS; PENSION; OTHER ASSISTANCE. Subdi- 
vision 1. Qualifications. Any resident of this state who shall comply 
with the provisions of sections 256.11 to 256.43 shall be eligible for old 
age assistance while continuing to reside in this state. Temporary ab- 
sences from the state may be allowed a recipient in accordance with the 
regulations established by the state agency. 
Subdivision 2. Amount and manner of payment. The manner 
and amount of old age assistance payments shall be fixed with due regard 
to the conditions in each case in accordance with the rules and regula- 
tions of the state agency, but in no case shall it be an amount which, 
when added to the net income and resources available to the support 36 
OLD AGE ASSISTANCE 
and care of the applicant, exceeds a total of $40.00 a month, except for 
medical, dental, surgical, hospital, nursing, or licensed rest home care, 
subject to the following: 
(1) The annual income of any property which is not so utilized 
as to produce reasonable returns shall be deemed to be the net income 
which would be available if the property were suitably used. Due con- 
sideration shall be given to the current or prevailing conditions affect- 
ing the use of such property. 
(2) An amount not to exceed $100.00 received during a calendar 
year as gifts or as a result of personal labor, may be excluded in the 
discretion of the county agency in determining the amount of such old 
age assistance. 
Subdivision 3. To receive no other relief. While a recipient is 
receiving old age assistance, he shall not receive any other relief from 
the state or from any political subdivision thereof, except for medical, 
dental, surgical or hospital assistance, or nursing care. 
(256.16) 
APPLICANT; AGE; CITIZENSHIP; RESIDENCE; IN- 
STITUTIONAL CARE. Old age assistance may be granted to an 
applicant who: 
(1) Has attained the age of 65 years; 
(2) Is a United States citizen, or has resided continuously in the 
United States for over 25 years; 
(3) Has been a resident of the state for five years or more with- 
in the nine years immediately preceding application, at least one year of 
which shall have been continuous and immediately precede such appli- 
cation ; provided, that when a person has been a resident of the state 
at least two years continuously and immediately preceding application, 
but has not resided therein five years within the above mentioned nine- 
year period, there may be added to the years of actual residence within 
the nine-year period a credit for years of actual residence in the state 
preceding the nine-year period on the following basis: 
(a) 40 per cent of actual residence in the six years immediately 
preceding the above mentioned nine years ; 
(b) 20 per cent of actual residence in the five years immediately 
preceding the above mentioned six years; 
(c) Ten per cent of actual residence in the ten years immedi- 
ately preceding the above mentioned five years; and 
(d) Five per cent of actual residence in any time preceding the 
above mentioned ten years; 
(4) Is not, because of physical or mental condition, in need of OLD AGE ASSISTANCE 
37 
continued institutional care and such care is reasonably available to him. 
(256.17) 
ABSENCE IN STATE OR FEDERAL SERVICE. For all 
purposes of sections 256,11 to 256.43 absence in the service of the state 
of Minnesota or the United States shall not be deemed to interrupt 
residence in the state if domicile be not acquired outside of the state. 
(256.18) 
DISQUALIFICATION OF PENSIONERS. No old age as- 
sistance shall be paid to a person: 
(1) While or during the time he is an inmate of, and receives 
gratuitously all the necessities of life from any public charitable, cus- 
todial, or correctional institution maintained by the United States, or 
any state or any of the political subdivisions of the state; provided, in 
the case of temporary medical or surgical care in a hospital or infirmary, 
part or all of any old age assistance may be paid at the discretion of the 
county agency subject to rules and regulations made by the state agency; 
(2) If the net value of his property or the net value of the com- 
bined property of husband and wife exceeds $5,000; or if the net value 
of his assets convertible into cash exceeds $300 or the combined con- 
vertible assets of husband and wife exceed $450. The county agency in 
its discretion may permit eligibility of an applicant having liquid asse:s 
in excess of this amount when the liquidation of the assets would cause 
undue loss; provided, that household goods and furniture in use in the 
home, wearing apparel, and a lot in the burial ground may be owned in 
addition to the property limitation provided in this clause; 
(3) Who has, after the passage of sections 256.11 to 256.43, or 
within two years prior thereto deprived himself directly or indirectly 
of any property for the purpose of qualifying for old age assistance; 
(4) Whose spouse, living with the person, has made an assign- 
ment or transfer directly or indirectly of any property for the purpose 
of qualifying either person for old age assistance under sections 256.11 
to 256.43. 
(256.19) 
LEGAL SETTLEMENT. Subdivision 1. Requirements. For 
the purposes of sections 256.11 to 256.43 every person who has resided 
one year continuously in any county shall have a legal settlement there- 
in, and such legal settlement shall not be deemed lost or terminated 
until a new settlement shall have been acquired in another county of 
this state or acquired in another state. The time during which a person 
has been an inmate of a hospital, poor house, jail, prison or other pub- 
lic institution, or an inmate of a private charitable institution or home 
for the aged, either by voluntarily becoming an inmate thereof, or if 
placed there and maintained by any governmental unit of the state or 38 
OLD AGE ASSISTANCE 
by his children or relatives, or under commitment to the guardianship 
of the director of social welfare or one of the state institutions, shall 
be excluded in determining the time of residence hereunder. 
Subdivision 2. Application to county agency. An applicant for 
old age assistance shall file his application in writing with the county 
agency of the county in which he has a legal settlement, in such man- 
ner and form as shall be prescribed by the state agency. As to a person 
otherwise qualified who has no legal settlement in any county of the 
state, his legal settlement for the purpose of making application here- 
under shall be deemed to be the county in which he has longest resided 
during the year immediately preceding the filing of such application. 
Subdivision 3. Verification. All statements in the application shall 
be sworn to or affirmed by the applicant, setting forth that all facts are 
true in every material point. Upon the filing of such application, the 
county agency shall make an order fixing a time and place for the hear- 
ing thereon. The county agency shall forthwith upon the making of such 
order mail a copy of the same to the applicant. Any applicant or re- 
cipient shall have the right to produce any evidence that he desires and 
be represented by a friend or counsel. 
Subdivision 4. Hearing; appeal. When an application is re- 
jected or denied by a county agency upon the sole ground that the same 
was not filed in the county of applicant’s legal settlement, an appeal may 
be taken to the state agency in the same manner as other appeals, and 
the state agency shall thereupon determine the question of legal settle- 
ment and refer the application to the county agency of the proper coun- 
ty for further action. 
(256.20) 
INVESTIGATIONS; DETERMINATION; RENEWAL OF 
APPLICATION. The county agency shall promptly make or cause 
to be made such investigation as it may deem necessary; the object of 
such investigation shall be to ascertain the facts supporting the appli- 
cation made under sections 256.11 to 256.43 and such other information 
as may be required by the rules of the state agency. Upon the completion 
of such investigation, the county agency shall promptly decide upon the 
application, fix the amount of old age assistance, if any, and issue to each 
applicant to whom old age assistance is allowed, a certificate stating the 
date upon which old age assistance payments shall commence and the 
amount of each installment, which shall be paid monthly. 
(256.21) 
APPEALS; REVIEWS. Subdivision 1. Appeal to state agency. 
Any applicant or recipient aggrieved by any order or determination by 
the county agency may appeal from such order or determination to the 
state agency. Before making such appeal to the state agency the appli- OLD AGE ASSISTANCE 
39 
cant or recipient shall give written notice to the county agency that he 
is not satisfied with the decision made. The county agency shall, within 
30 days thereafter, grant a new hearing. The county agency may ad- 
here to the decision already made, or may modify its order. If the ap- 
plicant or recipient is then dissatisfied he may, within 30 days after 
receiving notice of such order, appeal to the state agency as herein pro- 
vided. The state agency shall, upon receipt of such an appeal notify the 
county agency and review the case, giving the applicant or recipient an 
opportunity for a fair hearing before such state agency. The state agency 
may upon its own motion review any decision made by the county 
agency. The state agency may make such additional investigation as it 
may deem necessary and shall make such decision as to the granting of 
assistance and the amount and nature of assistance to be granted the 
applicant or recipient as in its opinion is justified and in conformity with 
the provisions of sections 256.11 to 256.43. All decisions of the state 
agency shall be binding upon the county involved and the applicant or 
recipient and complied with by the county agency unless modified or 
reversed on appeal as hereinafter provided. 
Subdivision 2. Appeal to district court. If a decision or deter- 
mination by the state agency is not, in the opinion of the county agency 
or applicant or recipient, in conformity with sections 256.11 to 256.43, 
either may within 30 days after such decision appeal from the decision or 
determination of the state agency to the district court of the county in 
which the application was filed by serving a copy of a written notice of 
such appeal upon the state agency and adverse party and filing the origi- 
nal of such written notice, together with proof of service, with the clerk 
of the district court of the county. Such appeal may be brought on for 
hearing by either party by mailing ten days’ written notice stating the 
time and place of such hearing. Upon serving of such notice, the state 
agency shall, if demanded, furnish the county agency and applicant or 
recipient a summary of the issues involved, a copy of all supporting pa- 
pers, a transcript of any testimony and a copy of its decision. The court 
shall summarily, upon ten days’ written notice, try and determine the 
appeal upon the record of the state agency as certified to it and 
in the determination shall be limited to the issue as to whether the order 
of the state agency is fraudulent, arbitrary or unreasonable. No new or 
additional evidence shall be taken on such appeal or introduced by any 
party to such hearing on appeal in the district court, unless such new 
or additional evidence, in the opinion of the court, is necessary to a more 
equitable disposition of the appeal. If the court shall find the order of 
the state agency fraudulent, arbitrary or unreasonable, the court shall 
make an order declaring the order of the state agency null and void, 
giving its reasons therefor, and shall order the state agency to take fur- 
ther action in the matter not inconsistent with the determination of 40 
OLD AGE ASSISTANCE 
the court. 
During the pendency of the appeal, if the state agency has award- 
ed old age assistance to a recipient, the old age assistance shall be paid 
to him pending the determination of the appeal. If the appeal shall 
be from the order of the state agency raising or lowering the amount 
paid to a recipient, and if the order of the state agency shall not be 
sustained, then the recipient shall receive the amount, if any, theretofore 
fixed by the county agency. 
Subdivision 3. Appeal to supreme court. The county agency may 
question the validity of any rule or regulation of the state agency and 
the district court where the county agency is located shall have power 
to determine the validity of any such rule or regulation by original 
proceedings in the court. Either the state agency or the county agency 
may appeal from such decision to the supreme court in the same manner 
as other appeals in civil actions. 
Subdivision 4. Objections by taxpayers. Any taxpayer of the 
state, resident therein, may appear at any time before the county agency 
of the county wherein he resides and protest the granting or continuance 
of any individual old age assistance, or any portion thereof, with the 
same right to appeal to the state agency as granted an applicant or re- 
cipient. 
(256.22) 
ATTORNEY GENERAL, COUNTY ATTORNEY; DU- 
TIES. The attorney general shall be the attorney for the state agency 
in all matters pertaining to sections 256.11 to 256.43. The county at- 
torney of each county shall be the attorney for the county agency in all 
matters pertaining to sections 256.11 to 256.43, 
(256.23) 
SUBPOENAS. The county agency and the state agency shall have 
the power to issue subpoenas for the witnesses and compel their attend- 
ance and the production of papers and writing; and officers and em- 
ployees designated by the county agency or the state agency may adminis- 
ter oaths and examine witnesses under oath in connection with any ap- 
plication or proceeding under sections 256.11 to 256.43. 
(256.24) 
DEATH OF RECIPIENT; FUNERAL EXPENSES; CLAIM 
AGAINST ESTATE. On the death of a recipient, the county agency 
shall pay an amount for reasonable funeral expenses not exceeding 
$100.00. No funeral expenses shall be paid if the estate of the deceased 
is sufficient to pay such expense or if the children, or spouse, who were 
legally responsible for the support of the deceased during his lifetime, are 
able to pay such expenses; provided, that the additional payment or do- 
nation of the cost of cemetery lot, interment, religious service, or for the 
transportation of the body into or out of the community in which de- OLD AGE ASSISTANCE 
41 
ceased resided, shall not limit payment by the county agency as herein 
authorized. Freedom of choice in the selection of a funeral director 
shall be granted to persons lawfully authorized to make arrangements 
for the burial of any such deceased recipient. In determining the suf- 
ficiency of such estate due regard shall be had for the nature and mar- 
ketability of the assets of the estate. The county agency may grant 
funeral expenses where the sale would cause undue loss to the estate. 
Any amount paid by the county as funeral expenses shall be a prior 
claim against the estate as provided in section 525.44, and any amount 
recovered shall be paid to the treasury of the county which paid the 
expenses and deposited in the county old age assistance fund and 50 per 
cent thereof shall be paid to the state agency. 
(256.25) 
OLD AGE ASSISTANCE TO BE ALLOWED AS CLAIM 
IN PROBATE COURT. On the death of any person who received 
any old age assistance under this or any previous old age assistance law 
of this state, or on the death of the survivor of a married couple, either 
or both of whom received old age assistance, the total amount paid 
as old age assistance to either or both, without interest, shall be allowed 
as a claim against the estate of such person or persons by the court hav- 
ing jurisdiction to probate the estate. If the value of the estate of any 
such person has been enhanced as a result of the failure on the part 
of a recipient to make a full disclosure of the amount or value of 
his property, or the amount or value of the combined property of a 
married couple, in any old age assistance proceeding, the claim shall be 
allowed by the probate court as a preferred claim and have pref- 
erence to the extent of such enhancement over all other claims, except- 
ing only claims for expenses of administration, funeral expenses, and 
expenses of last sickness. If the value of any such estate, exclusive of 
household goods, wearing apparel, and a burial lot, is more than the 
value of the property of such person, as disclosed by the applicant in any 
old age assistance proceeding, it shall be prima facie evidence that the 
value of such estate was enhanced by the payment of old age assistance 
to the extent of the excess, but not exceeding the total amount of old 
age assistance paid to such person or persons. The statute of limitations 
which limits the county agency or the state agency, or both, to recover 
only for assistance granted within six years shall not apply to any claim 
made under sections 256.11 to 256.43 for reimbursement for any as- 
sistance granted hereunder. 
(256.26) 
OLD AGE ASSISTANCE; LIENS. Subdivision 1. Contribu- 
tions. If at any time during the continuance of any assistance granted 
under sections 256.11 to 256.43 the state agency or the county agency 
finds that any child or the spouse of any recipient is reasonably able to 
contribute to the necessary care and support of such recipient without 42 
OLD AGE ASSISTANCE 
undue hardship to himself or his immediate family and such person so 
able to contribute to the care and support of such recipient fails or re- 
fuses to contribute according to his ability to the care and support of such 
recipient, then, after notice to such person, there shall exist a cause of 
action against this person for such amount of assistance furnished under 
sections 256.11 to 256.43 subsequent to such notice, or such part thereof 
as such person is reasonably able to pay. The action may be ordered 
by the state agency or county agency and shall be brought in the name 
of the county by the county attorney of the county in which such assist- 
ance was granted against this person for the recovery of such amount 
of assistance granted after such notice, as hereinbefore provided, together 
with the costs and disbursements of such action. 
Subdivision 2. Real property without state. The county agency 
shall require a recipient, as a prerequisite to receiving old age assistance, 
to sell all his real property situate without the state, having due regard 
to the nature and marketability of the property, and to use the pro- 
ceeds for his support. 
Subdivision 3. Lien on real property within state. No person 
shall be paid old age assistance without first giving the state a lien on 
all his property situate within the state as hereinafter provided. 
Subdivision 4. Amount of lien. The total amount of old age as- 
sistance paid a recipient, including burial expenses, but without inter- 
est, shall be a lien in favor of the state upon all real property belonging to 
such recipient. 
Subdivision 5. Certificate of assistance. No old age assistance 
shall be given under sections 256.11 to 256.43 until a certificate stating 
the name and residence of the recipient, the amount of assistance granted, 
the date when such assistance became effective, the name of the county 
granting the assistance and such other information as the state agency 
shall require shall have been prepared by the county agency granting as- 
sistance on a form provided therefor by the state agency. Such certificate, 
or a copy thereof, shall be filed by the county agency of the county grant- 
ing assistance with the register of deeds of each county in this state where 
there is real property belonging to the recipient. 
Subdivision 6. Priority of lien. Thereupon the lien hereby im- 
posed shall arise. It shall attach to all real property then owned by the 
recipient or thereafter acquired, including joint tenancy interests, 
have effect in all counties in which such certificate shall have been 
filed, be for such amount as may be paid the recipient as old age 
assistance, and continue until the liability for such amount is satis- 
fied. Such lien shall take priority over all other liens subsequently 
acquired, except that such lien shall not take priority over the claims of OLD AGE ASSISTANCE 
43 
children of the recipient for money actually expended by them in per- 
manently improving the homestead of the recipient or in payment of 
the taxes or encumbrances thereon. 
In case of the death of the recipient the debt secured by such lien 
shall be a claim against his estate and, after expenses of administration, 
funeral expenses, expenses of last illness, and debts having preference 
by the laws of the United States, and taxes, shall have priority over all 
other debts. 
Subdivision 7. Record. The several registers of deeds shall keep a 
record of every certificate so filed, showing its date, the time of filing, 
the name and residence of the recipient, the name of the county granting 
assistance to him and any release or satisfactiort of the lien. No fee shall 
be charged for the filing of such certificate, or the entry of the abstract 
thereof, except in counties where the register of deeds is compensated 
otherwise than by salary, and in such counties a fee of 25$ shall be paid 
to the register of deeds by the county filing the certificate. 
Subdivision 8. Enforcement of lien. Such liens, after filing, shall 
be enforced in the manner provided by law for the enforcement of me- 
chanic’s liens upon real property, provided, no such lien, and no claim 
under section 256.25 shall be enforced against the homestead of the 
lienor while occupied by his surviving spouse, or minor children. 
Subdivision 9. Release of lien. When the county agency of 
the county granting assistance to a recipient is satisfied that the collec- 
tion of the amount paid him as old age assistance will not be jeopardized 
or that the release of the lien against his property, in whole or in part, 
is necessary for the maintenance or support of the recipient, his spouse, 
minor or incapacitated children, or when the county agency is sat- 
isfied by competent evidence that the major portion of the investment in 
the recipient’s homestead was made by the children of the recipient by 
personal services in the home or otherwise and that substantial justice 
can only be done by the release of the lien, it may, with the approval 
of the state agency, release such lien with respect to all or part of the 
real property of the recipient, and such release, or a certified copy thereof, 
shall be filed with the register of deeds of each county where the lien 
certificate is filed. 
Subdivision 10. Discharge of lien. The recipient, his heirs, per- 
sonal representatives, or assigns, may discharge such lien at any time by 
paying the amount thereof to the treasurer of the proper county who, 
with the approval of the county agency, shall execute a satisfaction there- 
of and file the same with the register of deeds of each county where 
the lien certificate is filed. 
Subdivision 11. Disqualification. Any recipient who has hereto- 44 
OLD AGE ASSISTANCE 
fore transferred or who hereafter transfers, or disposes of his property 
in order to avoid the application of this section shall be disqualified from 
receiving old age assistance. 
(256.263) 
LAND ACQUIRED BY THE STATE UNDER OLD AGE 
ASSISTANCE LIENS. Subdivision 1. Duty of county board. When 
land shall have been acquired by the state under the provisions of Min- 
nesota Statutes 1941, section 256.26, either by conveyance in settlement 
of the Hen held by the state, or by foreclosure of such lien, it shall be 
the duty of the county board to manage and lease the real estate while 
the state continues to own it. 
Subdivision 2. Management. While the state owns such real es- 
tate, if the county board by resolution stating the price to be paid in cash 
shall recommend the sale and conveyance thereof, and transmit a copy 
of such resolution to the state agency, upon the approval thereof by the 
director of social welfare, the director shall make an order approving the 
sale for the price recommended and transmit a copy thereof to the coun- 
ty auditor, in the county where the land is situated. Thereupon, when 
the purchase price is paid by the purchaser to the treasurer of such coun- 
ty, the chairman of the county board shall execute a deed in the name 
of the state, which shall be attested by the county auditor, conveying 
such land to the purchaser. 
(256.27) 
REIMBURSEMENT OF UNITED STATES OUT OF 
AMOUNTS COLLECTED. When any amount shall be recovered 
from any source for assistance furnished under the provisions of sections 
256.11 to 256.43, there shall be paid to the United States the amount 
which shall be due under the terms of the social security act and the 
balance thereof shall be paid into the treasuries of the state, county, 
town, village, borough, or city in the proportion in which they respec- 
tively contributed toward the total assistance paid. 
(256.28) 
PAYMENT TO TRUSTEE OF RECIPIENT. All payments 
of old age assistance must be issued to the recipient except in those in- 
stances in which a legal guardian has been appointed by the court having 
jurisdiction to make such appointments. 
(256.29) 
ASSIGNABILITY OF PENSION; EXEMPTION. No old 
age assistance given under sections 256.11 to 256.43 shall be transferable 
or assignable at law or in equity, except as provided in section 256.28; 
and no money paid or payable under sections 256.11 to 256.43 shall 
be subject to execution, levy, attachment, garnishment, or other legal 
process, or to the operation of any bankruptcy or insolvency law. 
(256.30) 
REPORTS BY RECIPIENT. Each recipient shall file such re- OLD AGE ASSISTANCE 
45 
ports with the county agency as the county agency or the state agency 
may from time to time require. The county agency may modify, suspend, 
or cancel any old age assistance certificate issued to any recipient on the 
basis of findings obtained during investigations by a representative of 
such county agency. If on inquiry it appears that a certificate which was 
suspended pending inquiry was properly obtained, the suspended install- 
ment shall be payable in due course. Any old age assistance paid in excess 
of the amount due shall be returned to the county and may be recover- 
able as a debt due the county. 
(256.31) 
UNLAWFULLY OBTAINING ASSISTANCE; GROSS 
MISDEMEANOR. Any person who has obtained or who, by means 
of a wilfully false statement or representation, or by impersonation, or 
other fraudulent device, hereafter obtained, or attempts to obtain, or 
aids or abets any person to obtain: 
(1) An old age assistance certificate to which he is not entitled; 
(2) More old age assistance than that to which he is justly en- 
titled ; 
(3) Payment of any forfeited installment grant; 
(4) Or who knowingly aids or abets any person buying or dispos- 
ing of the property of the recipient with the intention to assist in re- 
ceiving or qualifying any person for old age assistance; 
(5) Or any recipient who transfers any personal property exceed- 
ing $300.00 in value without first giving notice to the county agency of 
his intention to do so; shall be guilty of a gross misdemeanor. 
(256.32) 
CANCELATION OF CERTIFICATE. Where a recipient or 
applicant is convicted of an offense under section 256.31, the county 
agency may cancel the certificate or refuse to issue same. 
(256.33) 
PAYMENT BY COUNTY; COST; REIMBURSEMENT. 
Each old age assistance granted under sections 256.11 to 256.43 shall 
be paid by the county in which an old age assistance certificate is issued 
and while the same is in effect. The cost of old age assistance grants in 
each county shall be borne as follows: 
(1) Payments shall be made by the state to the counties of that 
portion of old age assistance paid by the federal government and the 
state on or before the 20th day of each month for the succeeding month 
upon requisition from the counties as to the amount required for the 
succeeding month. The expense of old age assistance grants shall be 
paid from federal funds available for that purpose and the balance not 
paid by federal funds shall be paid as follows: two-thirds by the state 46 
OLD AGE ASSISTANCE 
from state funds and one-third by the counties from county funds; pro- 
vided, that for payments made in excess of amounts matchable by federal 
funds, the cost shall be paid equally from county and state funds. 
(2) Not exceeding one-fourth of any funds available for admin- 
istrative purposes shall be used to defray necessary expenses of the state 
agency in the supervision of the old age assistance laws of this state, and 
the balance shall be used to repay the counties pro rata in the proportion 
the total number of recipients in the county bears to the total number 
of recipients in the state for the period in question. 
(256.34) 
COUNTY BUDGET; LEVY; TRANSFER OF FUNDS; 
WARRANTS; OVERDRAFTS; CLAIMS FOR REIMBURSE- 
MENT ; PAYMENT. The providing of funds necessary to carry out 
the provisions of sections 256.11 to 256.43 on the part of the counties 
and the manner of administering and disbursing funds of the counties 
and the state shall be as follows: 
(1) The board of county commissioners of each county shall an- 
nually set up in its budget an item designated as the county old age as- 
sistance fund and levy taxes and fix a tax rate for old age assistance 
sufficient to produce the full amount of such item, in addition to all 
other tax levies and tax rates, however fixed or determined, sufficient 
to carry out the provisions of sections 256.11 to 256.43 and to pay in 
full the county share of old age assistance and administrative expenses 
for the ensuing year; and annually on or before October 10th certify 
the same to the county auditor to be extended by him on the tax rolls. 
Such tax levy and tax rate shall make proper allowance and provision 
for shortage in tax collections. 
(2) Any county may transfer surplus funds from any county fund, 
except the sinking or ditch fund, to the general fund or to the county 
old age assistance fund in order to provide moneys necessary to pay old 
age assistance awarded under sections 256.11 to 256.43. The money so 
transferred shall be used for no other purpose, but any portion thereof 
no longer needed for such purpose, shall be transferred back to the fund 
from which taken. 
(3) Upon the orders of the county agency the county auditor shall 
draw his warrant on the proper fund in accordance with the orders and 
the county treasurer shall pay out the amounts ordered to be paid out as 
old age assistance under the provisions of sections 256.11 to 256.43. 
When necessary by reason of failure to levy sufficient taxes for the 
payment of the old age assistance in the county, the county board shall 
nevertheless authorize payment of the old age assistance and the county 
auditor shall carry any such payments as an overdraft on the old age 
assistance fund of the county until sufficient tax funds shall be provided OLD AGE ASSISTANCE 
47 
for the old age assistance payments. The board of county commissioners 
shall include in the tax levy and tax rate in the year following the year 
in which such overdraft occurred an amount sufficient to liquidate such 
overdraft in full. 
(4) Claims for reimbursement shall be presented to the state 
agency by the respective counties in such manner as the state agency shall 
prescribe not later than ten days after the close of the month in which 
the expenditures were made. The state agency shall audit such claims 
and certify to the state auditor the amounts due the respective counties 
without delay. The amounts so certified shall be paid within ten days 
after such certification, from the state treasury upon warrant of the 
state auditor from any moneys available therefor. The moneys avail- 
able to the state agency to carry out the provisions of sections 256.11 to 
256.43, including all federal funds available to the state, shall be kept 
and deposited by the state treasurer in the revenue fund and disbursed 
upon warrants in the same manner as other state funds except that such 
warrants shall be countersigned by a member of the state agency or some 
other person thereunto duly authorized by resolution thereof. 
(256.35) 
MANDAMUS TO COMPEL COMPLIANCE. In the event 
that the county agency or the county auditor, or both, of any county 
fails to comply with the provisions of sections 256.11 to 256.43, man- 
damus proceedings may be instituted against such county agency or 
county auditor, or both, by the state agency or any interested party to 
compel such county agency or county auditor, or both, to comply there- 
with. 
(256.36) 
CHANGE OF RESIDENCE OF RECIPIENT. When a re- 
cipient changes his place of dwelling he shall notify the county agency 
in which his old age assistance certificate is in effect. If he removes to 
another county he shall declare whether such absence is temporary or 
for the purpose of taking up regular domicile. The county originally 
granting old age assistance shall continue to pay the same regardless of 
change of residence within the state by the recipient. Provided, how- 
ever, after the period of one year, if the amount of such old age assis- 
tance is increased, then the county to which such old age recipient has 
moved shall pay the amount of the increase so allowed. 
(256.37) 
FUNERAL EXPENSES PAID BY COUNTY; REIM- 
BURSEMENT BY STATE. All funeral expenses paid under sec- 
tions 256.11 to 256.43 shall, in the first instance, be paid by the county 
in which the deceased received his old age assistance certificate; and the 
state shall reimburse the county for 50 per cent of the payments made 
for reasonable funeral expenses from state funds. 48 
OLD AGE ASSISTANCE 
(256.38) 
ASSISTANCE GRANTED UNDER PRIOR LAW; MOD- 
IFICATION OR REVOCATION. The claim of any person to any 
old age assistance existing on the effective date of sections 256.11 to 
256.43, which claim has been granted under any old age assistance law 
of this state, shall continue as a valid order for old age assistance under 
sections 256.11 to 256.43 for the amount previously approved; provided, 
that such old age assistance may be modified, suspended, or revoked by 
the county agency or the state agency in the same manner as though the 
old age assistance was originally granted under sections 256.11 to 256.43. 
(256.39) 
MODIFICATION BY GROUPS. Neither the county agency 
nor the state agency shall have the power to modify any old age assis- 
tance as a group but must consider each application, each modification, 
and each old age assistance individually upon its merits. 
(256.40) 
SUSPENSION OF PRIOR LAWS; VALIDATION; ACT 
INOPERATIVE IN EVENT OF REPEAL OR INVALIDITY 
OF FEDERAL LAW; INSTRUMENTS, HOW SIGNED. All 
tax levies, agreements, mortgages, and liens made pursuant to Laws 
1935, Chapter 357, are hereby in all respects validated and confirmed, 
and all funds received or to be received are hereby made available to 
the respective county agencies for the purpose of paying old age assistance 
and administrative costs authorized in sections 256.11 to 256.43. During 
the period sections 256.11 to 256.43 are in effect Mason’s Minnesota 
Statutes of 1927 (1934 Supplement), Sections 3183-1 to 3183-22, in- 
clusive, and all acts or parts of acts, general and special, inconsistent 
with the provisions of sections 256.11 to 256.43 and not expressly 
repealed hereby are hereby suspended, except all tax levies, and reim- 
bursements due counties from local units of government, made pursuant 
to these laws, which are hereby in all respects validated and confirmed 
and shall remain in full force and effect for the periods for which made; 
and all funds received or to be received are hereby made available to 
the respective county agencies for the purpose of paying old age assistance 
and administrative costs authorized in sections 256.11 to 256.43 and 
shall be subject to sections 256.11 to 256.43. In the event that title 1 of 
the social security act, same being Public No. 271, of the 74th congress 
(Mason’s U. S. Code, Anno., title 42, ch. 7), shall at any time be re- 
pealed or become void by final decision of the supreme court of the 
United States, then sections 256.11 to 256.43 shall become and be sus- 
pended and inoperative, and all laws and parts of laws hereby sus- 
pended shall again become operative and be in full force and effect. All 
instruments necessary to accomplish the intent of this section shall be 
signed by a majority of the members of the county agency in office on 
the date of such instrument, and when so executed shall be effective to 
accomplish the results herein provided for. OLD AGE ASSISTANCE 
49 
(256.41) 
RESERVATION OF RIGHT TO AMEND, REPEAL, OR 
SUSPEND LAW. Anything in sections 256.11 to 256.43 to the con- 
trary notwithstanding, the legislature reserves the right to alter, amend, 
repeal, or suspend at any time the whole or any part or portion thereof. 
(256.42) 
ACT DEPENDENT ON FEDERAL AID; REDUCTION 
OF ASSISTANCE. Sections 256.11 to 256.43, in their various terms 
and provisions, including the amount of old age assistance paid to an 
individual hereunder, is intended to comply with and give effect to the 
social security act referred to therein. In the event federal funds shall 
not be available or shall be inadequate to pay in full one-half of all old 
age assistance grants contemplated by sections 256.11 to 256.43, then 
and in such case, and until federal funds are available in full, the county 
agency of each county may reduce each old age assistance grant by an 
amount equal to such deficiency. 
(256.43) 
APPROPRIATION. All federal funds made available for the 
purposes of sections 256.11 to 256.43 are hereby appropriated to the 
state agency to be disbursed and paid out in accordance with the pro- 
visions thereof. 
(256.44) 
SUPPLEMENTAL AID TO OLD AGE ASSISTANCE IN 
DISTRESSED COUNTIES; WHAT CONSTITUTES DIS- 
TRESS. Any county in the state of Minnesota with a tax delinquency 
as shown by the annual report of the commissioner of taxation in excess 
of 40 per cent for all real and personal property tax levies for all units 
of government for any year, or in which the average return of tax levied 
for all units during any year is in excess of 110 mills, shall be known 
as a distress county. 
(256.45) 
FUND; DISTRIBUTION. Out of moneys hereafter approp- 
riated by the state for old age assistance there shall be set aside a sum 
of money into a separate fund to be known as the supplemental reim- 
bursement fund in an amount which, after deducting the amounts of 
money actually collected in each county for old age assistance, shall be 
sufficient to grant to each county supplemental aid in such amount as 
may be necessary to pay old age assistance in such county to the extent 
that pensions shall be uniform throughout the state, having regard for 
varying costs of living and conditions in various parts of the state. Such 
sum of money so set aside shall not exceed the sum of $250,000 annually. 
(256.46) 
CERTIFICATION OF DISTRESS; PAYMENT. When any 
distressed county shall, through its auditor, and by resolution of the coun- 
ty board, certify to the state agency that within the county there was lev- 
ied an amount of money which, if collected, would have been sufficient to 50 
OLD AGE ASSISTANCE 
pay old age assistance therein, certify, that the county comes within the 
definition of a distressed county, certify to the percentage of delinquency 
existing in the county, as the same has been determined or may be rea- 
sonably anticipated, certify the amount of money it has in its old age 
assistance fund and the amount of delinquency that will exist in the 
fund, in so far as the same may be anticipated, certify the number of 
persons receiving old age assistance and the average payment for old 
age assistance being made, and certify the amount of money which, in 
its judgment, will constitute a delinquency due to delinquency in tax 
payments, the state agency may pay to such county such sums of money 
out of the funds hereinbefore provided for as supplemental old age as- 
sistance aid to such county. 
(256.47) 
CERTIFICATION AS TO LEVY OF TAX EXCUSED IN 
CERTAIN CASES. Any county in this state having a tax delinquency 
of 60 per cent or more and having an assessed valuation, exclusive of 
money and credits, not exceeding $3,500,000, according to the latest an- 
nual report of the commissioner of taxation, which failed to levy suf- 
ficient taxes and fix a sufficient tax rate for old age assistance for the 
year 1937 pursuant to section 256.34, shall not be required to certify 
to the state agency that such county levied an amount of money, for 
the year 1937, which, if collected, would have been sufficient to pay 
old age assistance therein for the year 1937 as provided in section 256.46; 
but any such county shall otherwise fully comply with the provisions of 
section 256.46; but nothing herein contained shall be construed to ex- 
empt any such county from fully complying with all the provisions of 
section 256.46 for any subsequent years. 
(256.48) 
CERTIFICATION AS TO TAX LEVY UNNECESSARY 
IN CERTAIN COUNTIES. Any distressed county in which 50 per 
cent or more of the area therein is within a federal or state forest area 
shall not be required to certify to the state agency that within such 
county there was levied an amount of money, which, if collected, would 
have been sufficient to pay old age assistance therein, but such county 
shall otherwise fully comply with the provisions of section 256.46. PART IV 
AID TO DEPENDENT CHILDREN INDEX 
256.12 Definitions 55 
256.01 Duties as State Agency 55 
256.72 Duties of County Agencies 56 
256.73 Who Entitled to Assistance 57 
256.74 Assistance 58 
256.75 Investigations to be made by County Agencies 58 
256.76 Shall Determine the Amount of Assistance 58 
256.77 County Agency to report to State Department 59 
256.78 Assistance Grants Reconsidered 60 
256.79 Removal to Another County 61 
256.80 County Board to appropriate money; Mandatory 61 
256.81 County Agency to pay to Recipient; Keep Records; Accept 
repayment in part from State 61 
256.82 Payments by the State 62 
256.83 Violations a Misdemeanor 62 
256.84 United States Government Assistance not to bar aid 62 
256.85 Liberal Construction 62 
256.86 United States Funds to be appropriated to State Agency 63 
256.87 Limitations; Rights; Citation 63 
Page No. AID TO DEPENDENT CHILDREN 
(256.12) 
Subdivision 10. State agency. As used in sections 256.11 to 
256.43, 256.49 to 256.71, and 256.72 to 256.87, the term “state agency” 
means the director of social welfare in the department of social security. 
(256.12) 
Subdivision 9. County agency. As used in sections 256.72 to 
256.87, “county agency” means the county board of public welfare as 
established by law. 
(256.12) 
Subdivision 14. Dependent child. “Dependent child,” as used in 
sections 256.72 to 256.87, means a child under the age of 18 years who, 
if school facilities are available, is regularly attending school, if physical- 
ly able and above the minimum school age, or who is under compulsory 
school age, or who is physically unable to attend school, or who is over 
compulsory school age, but through physical or mental disability is un- 
able to be employed, or who is over compulsory school age and unem- 
ployed, but where further schooling is inadvisable in the opinion of the 
county agency and his unemployment is without fault on his part, and 
who is found to be deprived of parental support or care by reason of 
the death, continued absence from the home, or physical or mental in- 
capacity of a parent, and whose relatives, liable under the law for his 
support are not able to provide, without public assistance, adequate care 
and support of such child, and who is living with his father, mother, 
grandfather, grandmother, brother, sister, stepfather, stepmother, step- 
brother, stepsister, uncle, or aunt in a place of residence maintained by 
one or more of such relatives as his or their home. 
(256.12) 
Subdivision 15. Continued absence from the home. “Contin- 
ued absence from the home,” as used in sections 256.72 to 256.87, means 
the absence from the home of the parent, whether or not entitled to the 
custody of the child, by reason of being an inmate of a penal institution 
under a sentence which will not terminate within three months after 
the date of application for assistance under sections 256.72 to 256.87, 
or a fugitive after escape therefrom, or absence from the home by the 
parent for a period of at least three months continuous duration together 
with failure on the part of the absent parent to support the child, pro- 
vided that reasonable efforts have been made to secure support for such 
child from the defaulting parent, and, if such child shall have been 
abandoned in this state, that a warrant for arrest shall have been issued 
for such abandonment. 
(256.01) 
Subdivision 4. Duties as state agency. The state agency shall: 
(1) Supervise the administration of assistance to dependent chil- 56 
AID TO DEPENDENT CHILDREN 
dren under Laws 1937, Chapter 438, by the county agencies in an in- 
tegrated program with other service for dependent children maintained 
under the direction of the state agency; 
(2) May subpoena witnesses and administer oaths, make rules 
and regulations, and take such action as may be necessary or desirable 
for carrying out the provisions of Laws 1937, Chapter 438. All rules 
and regulations made by the state agency shall be binding on the counties 
and shall be complied with by the respective county agencies; 
(3) Establish adequate standards for personnel employed by the 
counties and the state agency in the administration of Laws 1937, 
Chapter 438, and make the necessary rules and regulations to maintain 
such standards; 
(4) Prescribe the form of and print and supply to the county 
agencies blanks for applications, reports, affidavits, and such other forms 
as it may deem necessary and advisable; 
(5) Cooperate with the federal government and its public wel- 
fare agencies in any reasonable manner as may be necessary to qualify 
for federal aid for aid to dependent children and in conformity with the 
provisions of Laws 1937, Chapter 438, including the making of such 
reports in such forms and containing such information as the Federal 
Social Security Board may from time to time require, and comply with 
such provisions as such board may from time to time find necessary to 
assure the correctness and verification of such reports; and 
(6) May cooperate with other state agencies in establishing re- 
ciprocal agreements in instances where a child receiving aid to depend- 
ent children moves or contemplates moving into or out of the state, in 
order that such child may continue to receive supervised aid from the 
state from which he has moved until he shall have resided for one year 
in the state to which he has moved; and 
(7) Make an annual report to the governor not later than four 
months after the close of each fiscal year showing for such year the 
total amount paid under Laws 1937, Chapter 438; the total number of 
persons assisted, and such other particulars as it may deem advisable. 
(256.72) 
DUTIES OF COUNTY AGENCIES. The county agencies 
shall: 
(1) Administer the provisions of sections 256.72 to 256.87 in 
the respective counties subject to the rules and regulations prescribed 
by the state agency pursuant to the provisions of those sections; 
(2) Report to the state agency at such times and in such man- 
ner and form as the state agency may from time to time direct; and AID TO DEPENDENT CHILDREN 
57 
(3) Submit quarterly and annually to the county board of com- 
missioners a budget containing an estimate and supporting data setting 
forth the amount of money needed to carry out the provisions of those 
sections. 
(256.73) 
WHO ENTITLED TO ASSISTANCE. Assistance shall be 
given under sections 256.72 to 256.87 to any dependent child who: 
(1) Has resided in the state for one year immediately preceding 
the application for such assistance; or was born of a mother who has 
so resided; and whose mother, if she be the applicant, is a citizen of the 
United States or has declared her intention to become such a citizen. 
The county responsible for the payment of assistance under sections 
256.72 to 256.87 shall be the county in which said child has resided for 
the year preceding the application for assistance; provided, that if said 
child has not resided continually in any one county for the year preced- 
ing said application, then the county in which said child has resided for 
the longest period of time during said year shall be responsible for the 
payment of assistance under sections 256.72 to 256.87, subject to the 
provisions of section 256.79. 
(2) Is living in a suitable home conducted by a family having as 
far as practicable the same religious faith as the family of the child and 
meeting the standards of care and health fixed by the laws of this state 
and rules and regulations of the state agency thereunder. 
(3) The ownership by a father or mother of property as follows 
shall be a bar to any allowance under sections 256.72 to 256.87: 
(a) Personal property of a reasonable market value in excess of 
$300.00, exclusive of appropriate clothing and necessary household furni- 
ture and equipment, and of such tools, implements, and domestic ani- 
mals as in the opinion of the county agency it is expedient to retain for 
the purpose of reducing the expense or increasing the income of the 
family; or 
(b) Real estate not used as a home, provided that if such real 
estate does not produce net income sufficient to meet the family budget 
and there is no available market for the sale of such property, or if the 
price which can be obtained on the prevailing market is not fair and 
reasonable considering the applicant’s interest therein and the possi- 
bilities of sale of said property for a greater amount within a reasonable 
length of time thereafter then in that event, in the discretion of the coun- 
ty agency, ownership of the same shall not be a bar to an allowance 
under sections 256.72 to 256.87. Net income shall be the residue after 
payment from gross income of taxes, insurance, maintenance, and interest 
on encumbrances, if any, on the property, provided that in computing 
net income the gross income shall m t be charged with any expenses to- 58 
AID TO DEPENDENT CHILDREN 
ward betterment of the property as improvements or by payment on the 
principal of a mortgage; provided, that the net income thus derived shall 
be applied on the family budget. 
(256.74) 
ASSISTANCE. Subdivision 1, Amount. The amount of assis- 
tance which shall be granted for any dependent child shall be deter- 
mined by the county agency with due regard to the resources and neces- 
sary expenditures of the family and the conditions existing in each case 
and in accordance with the rules and regulations made by the state 
agency and shall be sufficient, when added to all other income and 
support available to the child, to provide such child with a reasonable 
subsistence compatible with decency and health, not to exceed $40.00 
per month for the first child and not to exceed $15.00 per month for 
the second child and $12.00 per month for each additional child in the 
same home. 
Subdivision 2. Application for. Application for assistance under 
sections 256.72 to 256.87 shall be made to the county agency of the 
county from which the dependent child is entitled to receive assistance 
as provided in section 256.73. The application shall be in writing or 
reduced to writing in the manner and upon the form prescribed by the 
state agency and verified by the oath of the applicant. The application 
shall be made by the person with whom the child will live and contain 
information as to the age and residence of the child and such other in- 
formation as may be required by the rules and regulations of the state 
agency. One application may be made for several children of the same 
family if they reside with the same person. 
(256.75) 
INVESTIGATIONS TO BE MADE BY COUNTY AGEN- 
CIES. When a county agency receives a notification of the dependency 
of a child or an application for assistance an investigation and record 
shall be made within a reasonable time of the circustances to ascertain 
the dependency of the child or the facts supporting the application made 
under sections 256.72 to 256.87 and such other information as may be 
required by the rules of the state agency. 
(256.76) 
SHALL DETERMINE THE AMOUNT OF ASSISTANCE. 
Upon the completion of such investigation the county agency shall de- 
cide whether the child is eligible for assistance under the provisions of 
sections 256.72 to 256.87, determine the amount of such assistance, and 
the date on which such assistance shall begin. It shall make a grant of 
assistance which shall be binding upon the county and be complied with 
by the county until such grant is modified or vacated. The county agency 
shall notify the applicant of its decision in writing. Such assistance shall 
be paid monthly to the applicant upon order of the county agency from 
funds appropriated to the county agency for this purpose. The county AID TO DEPENDENT CHILDREN 
59 
agency shall, upon the granting of assistance under those sections, file 
an order on the form to be approved by the state agency with the auditor 
of the county and thereafter warrants shall be drawn and payments 
made only in accordance with this order to recipients of this assistance 
or in accordance with any subsequent order. 
(256.77) 
COUNTY AGENCY TO REPORT TO STATE DEPART- 
MENT. Subdivision 1. Appeal to state agency. The county agency 
shall at once report to the state department its decision upon each ap- 
plication. Any applicant or recipient aggrieved by any order or deter- 
mination by the county agency may appeal from such order or deter- 
mination to the state agency. Such appeal may be taken if the application 
is not acted upon within a reasonable time by the county agency. Before 
making such appeal to the state agency the applicant or recipient shall 
give written notice to the county agency that he is not satisfied with 
its decision or its delay in acting upon his application. Upon the filing 
of such notice of dissatisfaction, the county agency shall make an order 
fixing the time and place for hearing thereon, which hearing shall be 
held within the ensuing 30 days. Copies of such order shall be forthwith 
mailed to the applicant or recipient and the state agency. The county 
agency may adhere to the decision already made or modify the same 
and copies of such new decision shall be forthwith mailed to the appli- 
cant or recipient and the state agency. If the applicant or recipient is 
then dissatisfied he may, within 30 days after the mailing of such de- 
cision, appeal to the state agency as herein provided. The state agency 
shall, upon receipt of such an appeal, notify the county agency and review 
the case, giving the applicant or recipient an opportunity for a fair hear- 
ing before such state agency. The state agency may upon its own motion 
review any decision of the county agency and consider any application 
upon which a decision has not been made by the county agency within 
a reasonable time. Any applicant aggrieved by a decision of the state 
agency made upon its own motion shall be granted an opportunity for 
a fair hearing before the state agency. 
Subdivision 2. Investigation by state agency. The state agency 
may make such additional investigation as it may deem necessary and 
shall make such decision as to the granting of assistance and the amount 
of assistance to be granted as in its opinion is justified and in conformity 
with the provisions of sections 256.72 to 256.87. Any applicant or re- 
cipient shall have the right to produce any evidence that he desires and 
be represented by a friend or counsel at all hearings before any admin- 
istrative agency considering his case. All decisions of the state agency 
shall be binding upon the county agency involved and the applicant or 
recipient and shall be complied with by such county agency unless modi- 
fied or reversed on appeal as hereinafter provided. 60 
AID TO DEPENDENT CHILDREN 
Subdivision 3. Appeal to district court. If a decision or deter- 
mination by the state agency is not, in the opinion of the county agency 
or applicant or recipient, in conformity with those sections, either may 
within 30 days after such decision appeal from the decision or determina- 
tion of the state agency to the district court of the county in which the 
application was filed by serving a copy of a written notice of such appeal 
upon the state agency and adverse party and filing the original of such 
written notice, together with proof of service, with the clerk of the dis- 
trict court of the county. Such appeal may be brought on for hearing 
by either party by mailing ten days’ written notice stating the time and 
place of such hearing. Upon serving of such notice, the state agency 
shall, if demanded, furnish the county agency and applicant or recipient 
a summary of the issues involved, a copy of all supporting papers, a 
transcript of any testimony, and a copy of its decision. The court shall 
summarily, upon ten days’ written notice, try and determine the appeal 
upon the record of the state agency as certified to it and in its determi- 
nation shall be limited to the issue as to whether the order of the state 
agency is fraudulent, arbitrary, or unreasonable. No new or additional 
evidence shall be taken on such appeal or introduced by any party to 
such hearing on appeal in the district court, unless such new or addi- 
tional evidence, in the opinion of the court, is necessary to a more equit- 
able disposition of the appeal. If the court shall find the order of the 
state agency fraudulent, arbitrary, or unreasonable, the court shall, 
within 30 days make an order declaring the order of the state agency 
null and void, giving its reasons therefor, and shall order the state 
agency to take further action in the matter not inconsistent with the 
determination of the court. 
Subdivision 4. Hearing; reference. The matter may be heard by 
the district court at any general or special term thereof or out of term 
or in chambers; and in judicial districts having more than one judge, 
the senior or presiding judge shall hear the same, or if unable to do so, 
shall refer the matter to some other judge in the district. 
Subdivision 5. Appeal to supreme court. The applicant or re- 
cipient or the county agency or the state agency may appeal from the 
order of the district court to the supreme court in the same manner as 
other appeals in civil actions. No costs or disbursements shall be taxed 
against any party on appeals to the district court or to the supreme 
court. 
Subdivision 6. Payments made pending hearings and appeals. 
All grants of assistance or aid shall be paid pending the hearing and 
determination of appeals to the district court or supreme court when 
such assistance or aid is ordered paid by the state agency. 
(256.78) 
ASSISTANCE GRANTS RECONSIDERED. All assistance AID TO DEPENDENT CHILDREN 
61 
granted under sections 256.72 to 256.87 shall be reconsidered as fre- 
quently as may be required by the rules of the state agency. After such 
further investigation as the county agency may deem necessary or the 
state agency may require, the amount of assistance may be changed or 
assistance may be entirely withdrawn if the state or county agency find 
that the child’s circumstances have altered sufficiently to warrant such 
action. The county agency may for cause at any time revoke, modify, or 
suspend any order for assistance previously made. When assistance is 
thus revoked, modified, or suspended the county agency shall at once 
report to the state agency such decision together with supporting evi- 
dence required by the rules of the state agency. All such decisions shall 
be subject to appeal and review by the state agency as provided in section 
256.77. 
(256.79) 
REMOVAL TO ANOTHER COUNTY. Any child qualified 
for and receiving assistance pursuant to the provisions in sections 256.72 
to 256.87 in any county in this state, who moves or is taken to another 
county in this state shall be entitled to continue to receive assistance 
from the county from which he has moved or has been taken until he 
shall have resided for one year in the county to which he has moved. 
When he has resided one year in the county to which he has moved, or 
has been taken, the county agency of the county from which he has 
moved shall transfer all necessary records relating to the child to the 
county agency of the county to which he has moved. 
(256.80) 
COUNTY BOARD TO APPROPRIATE MONEY; MAN- 
DATORY. The county board of commissioners in each county in this 
state shall appropriate annually such sum as may be needed to carry out 
the provisions of sections 256.72 to 256.87, including expenses of admin- 
istration based upon a budget prepared by the county agency, after tak- 
ing into account state aid, and to include in the tax levy for such coun- 
ty the sum or sums appropriated for that purpose. Should the sum so 
appropriated be expended or exhausted during the year and for the pur- 
pose for which it was appropriated additional sums shall be appropriated 
by the board of county commissioners. 
COUNTY AGENCY TO PAY TO RECIPIENT; KEEP 
RECORDS; ACCEPT REPAYMENT IN PART FROM STATE. 
The county agency shall keep such records, accounts, and statistics in 
relation to aid to dependent children as the state agency shall prescribe. 
(256.81) 
(2) Each grant of aid to dependent children shall be paid to the 
recipient by the county agency in the first instance. 
(3) The county shall be paid from the state and federal funds 
available therefor the amount provided for in section 256.82. 62 
AID TO DEPENDENT CHILDREN 
(4) Not exceeding two-thirds of the balance of any federal funds 
made available annually to the state agency for carrying out the pur- 
poses of sections 256.72 to 256.87, after the payment to the county of 
the state and federal share of the county’s total expenditures for aid to 
dependent children, as provided in section 256.82, shall be used to repay 
the counties’ necessary administrative expenses pro rata in the proportion 
the total number of recipients in each county bears to the total number 
of recipients in the state for the period for which such funds were re- 
ceived and are available, and the balance of any such sum shall be avail- 
able to the state agency to defray the necessary expenses of the state 
agency. 
(256.82) 
PAYMENTS BY THE STATE. Based upon estimates submitted 
by the county agency to the state agency, which shall be submitted on 
or before the 15th day of each month, and shall state the estimated re- 
quired expenditures for the succeeding month, upon the direction of the 
state agency payment shall be made monthly in advance by the state 
to the counties of all federal funds available for that purpose for such 
succeeding month, together with an amount of state funds equal to 50 
per cent of the difference between the total estimated cost and the fed- 
eral funds so available. Adjustment of any overestimate or underestimate 
made by any county shall be made upon the direction of the state agency 
in any succeeding month. 
(256.83) 
VIOLATIONS A MISDEMEANOR. Whoever obtains, or at- 
tempts to obtain, or aids or abets any person to obtain by means of a 
wilfully false statement or representation, or by impersonation, or other 
fraudulent device; 
(1) Assistance to which he is not entitled; 
(2) Assistance greater than that to which he is justly entitled; 
is guilty of a misdemeanor; and, upon the conviction thereof, shall be 
fined not more than $100.00 or imprisoned for not more than three 
months. 
(256.84) 
UNITED STATES GOVERNMENT ASSISTANCE NOT 
TO BAR AID. The receipt or possession by any person of sums re- 
ceived from United States government war risk insurance or any gov- 
ernment compensation shall not be a bar to the granting of an allow- 
ance provided for in sections 256.72 to 256.87 if, in the opinion of the 
county agency having jurisdiction to order the allowance, such insurance 
or compensation is not sufficient to maintain the children, in whose 
behalf an allowance is requested, in their own home. 
(256.85) 
LIBERAL CONSTRUCTION. Sections 256.72 to 256.87 shall 
be liberally construed with a view to accomplishing their purpose, which AID TO DEPENDENT CHILDREN 
63 
is hereby declared to be to enable the state and its several counties to 
cooperate with responsible mothers or relatives in rearing future citizens, 
when such cooperation is necessary on account of relatively permanent 
conditions, in order to keep the family together in the same household, 
reasonably safeguard the health of the mother and secure to the chil- 
dren during their tender years her personal care and training. 
(256.86) 
UNITED STATES FUNDS TO BE APPROPRIATED TO 
STATE AGENCY. All moneys received, or to be received, from the 
United States government for aid to dependent children are hereby ap- 
propriated to the state agency for the purpose of carrying out the pro- 
visions of sections 256.72 to 256.87. 
(256.87) 
LIMITATIONS; RIGHTS; CITATION. Subdivision 1. Not 
to limit actions. Nothing in sections 256.72 to 256.87 shall be deemed 
to be inconsistent with any right of action against a relative of a poor 
person conferred by law. 
Subdivision 2. Not to be vested right. All assistance granted un- 
der those sections shall be deemed to be granted and to be held subject 
to the provisions of any amending or repealing act that may hereafter 
be passed and no recipient shall have any claim for compensation, or 
otherwise, by reason of his assistance being affected in any way by any 
amending or repealing act. 
Subdivision 3. Citation. Sections 256.72 to 256.87 may be cited 
as the “1937 Aid to Dependent Children Act.” PARTY 
BLIND ASSISTANCE INDEX 
A— 
Aid to the Blind 
Page No. 
256.12 Definitions 69 
256.49 State Agency; Duties as to Blind Persons 69 
256.50 County Agency; Duties for Blind Persons 70 
256.51 Public Assistance 70 
256.52 Who may Receive Assistance 71 
256.53 Amount of Assistance 71 
256.54 Applications 72 
256.55 Investigations 72 
256.56 Examination of Applicants 72 
256.57 State Agency to determine eligibility 72 
256.58 Guardians 73 
256.59 Assistance not transferable 73 
256.60 Appeals 73 
256.61 Reconsideration of Assistance Grants 74 
256.62 Reexaminations 74 
256.63 Who may not Receive Assistance 74 
256.64 Shall Notify State Agency of Acquisition of State Property 75 
256.65 Assistance to be claim against estate of decedent 75 
256.66 Recipient who moves to notify State Agency 75 
256.67 Payments to be made monthly 75 
256.68 Fraudulent Claims; Penalty 75 
256.69 No Vested Rights in Grants 76 
256.70 How Cited 76 
256.71 Appropriation of United States Aid 76 
B— 
Blind Rehabilitation 
248,07 Duties of Director of Social Welfare 76 BLIND ASSISTANCE 
A— 
Aid to The Blind 
(256.12) 
DEFINITIONS. Subdivision 2. Assistance. As used in sections 
256.49 to 256.71, the word “assistance” means any money payments to 
blind persons in need as provided for therein. 
Subdivision 4. Applicant. As used in sections 256.49 to 256.71, the 
word “applicant” means a person who has applied for assistance there- 
under. 
Subdivision 6. Recipient. As used in sections 256.49 to 256.71, the 
word “recipient” means a person who has received assistance under the 
terms thereof. 
Subdivision 8. County agency. As used in sections 256.49 to 
256.71, the term “county agency” means a county welfare board. 
Subdivision 10. State agency. As used in sections 256.11 to 256.43, 
256.49 to 256.71, and 256.72 to 256.87, the term “state agency” means 
the director of social welfare in the department of social security. 
Subdivision 11. Blind person. As used in sections 256.49 to 256.71, 
the term “blind person” means a person who has no vision or who, with 
the help of eye glasses or other resources, has not sufficient ocular power 
for the ordinary affairs of life. 
Subdivision 12. Ophthalmologist. The word “ophthalmologist,” 
as used in sections 256.49 to 256.71, means a physician licensed to prac- 
tice medicine in this state and who is actively engaged in the treatment 
of diseases of the human eye. 
Subdivision 13. Rehabilitation. As used in sections 256.49 to 
256.71, the word “rehabilitation” means any medical or surgical treat- 
ment, vocational training, or social service intended to improve the in- 
dividual’s physical, social, and economic condition. 
(256.49) 
STATE AGENCY; DUTIES AS TO BLIND PERSONS. 
The state agency shall: 
(1) Supervise the administration of assistance to the needy blind 
under sections 256.49 to 256.71, and administer same in cooperation with 
county agencies, as hereinafter provided; 
(2) Make all rules and regulations and take such action as may 
be necessary or desirable for the carrying out of the provisions of sec- 
tions 256.49 to 256.71. All rules and regulations made by the state 
agency shall be binding on the counties, and shall be complied with by 
the respective county agencies; 70 
BLIND ASSISTANCE 
(3) Establish minimum standards for personnel employed by the 
state agency in the administration of sections 256.49 to 256.71, and 
make rules and regulations necessary to maintain such standards; 
(4) Prescribe the form of and print blanks for applications, re- 
ports, affidavits, and such other forms as it may deem necessary and 
advisable; 
(5) Cooperate with the federal social security board created un- 
der title 7 of the social security act approved August 14, 1935, or other 
agency of the federal government, in any reasonable manner as may be 
necessary to qualify for federal aid for assistance to the needy blind and 
in conformity with the provisions of sections 256.49 to 256.71; includ- 
ing the making of such reports in such form, and containing such in- 
formation as the federal agency of the federal government may from 
time to time require, and comply with such provisions as such board 
may from time to time find necessary to assure the correctness and veri- 
fication of such reports; 
(6) Appoint a suitable number of ophthalmologists, duly licensed 
to practice in Minnesota and actively engaged in the treatment of dis- 
eases of the human eye, to examine applicants and recipients of assistance 
to the blind; 
(7) Fix and pay to ophthalmologists, from funds appropriated to 
the state agency, fees for examination of applicants and recipients, and 
also pay necessary travel and incidental expenses incurred in connection 
with such examination ; 
(8) Maintain proper records of all persons making application 
for and receiving assistance under sections 256.49 to 256.71; 
(9) Promptly examine all applications and other supporting evi- 
dence submitted, as therein provided, and determine; 
(a) Eligibility as to blindness; and 
(b) The possibility for rehabilitation or other constructive service. 
No application shall be approved until the applicant has been ex- 
amined by an ophthalmologist designated or approved by the state agency 
to make such examination and the possibility of a rehabilitation program 
determined by the state agency. 
(256.50) 
COUNTY AGENCY; DUTIES FOR BLIND PERSONS. 
The county agency shall render to the state agency such service in con- 
nection with the administration of sections 256.49 to 256.71 as the state 
agency may, from time to time, find necessary and advisable. 
(256.51) 
PUBLIC ASSISTANCE. Assistance shall be given under sections BLIND ASSISTANCE 
71 
256.49 to 256.71 to any person who: 
(1) Is an adult blind person found, by the state agency, to be in 
need of financial assistance to enable him to pay for his maintenance or 
for other purposes; 
(2) Has lost his eyesight while a resident of the state, or shall 
have resided in the state for a period of five years during the nine years 
immediately preceding the filing of the application for assistance, the 
last year of which shall be continuous and immediately precede such 
application ; 
(3) Has not sufficient income or other resources to provide a 
reasonable subsistence compatible with decency and health; 
(4) Is not an inmate of, or being maintained by any municipal, 
county, state, or national or institution at the time of receiving assis- 
tance; an inmate of an institution may make application for such as- 
sistance, but the assistance, if granted, shall not begin until after he 
ceases to be an inmate of the institution; 
(5) Has not made an assignment or transfer of property, so as to 
render himself eligible for assistance under these sections, at any time 
within two years immediately prior to the filing of application for 
assistance pursuant to the provisions thereof; 
(6) Is not, because of his physical or mental condition, in need 
of continuing institutional care; 
(7) Is not, while receiving assistance under these sections, so- 
liciting alms; 
(8) Is not, while receiving assistance under these sections, re- 
ceiving old age assistance. 
(256.52) 
WHO MAY RECEIVE ASSISTANCE. No person receiving a 
grant under sections 256.49 to 256.71 shall at the same time receive 
any other public relief from the state or from any instrumentality or 
politial subdivision thereof except for temporary medical and surgical 
assistance. 
(256.53) 
AMOUNT OF ASSISTANCE, The amount of assistance which 
any recipient shall receive shall be determined by the state agency, with 
due regard to the resources and necessary expenditures of the individual 
and the conditions existing in each case and in accordance with the rules 
and regulations made by the state agency, and sufficient, when added 
to all other income and support of the recipient, to provide him with a 
reasonable subsistence compatible with decency and health. 
In the event the family or dependents of a needy blind person re- 72 
BLIND ASSISTANCE 
ceive any other form of public relief, the state, or any instrumentality 
or political subdivision thereof, shall exclude, in determining the amount 
of assistance to be allotted such family or dependents, the amount of 
$16.00 per month from any sums granted to a needy blind person here- 
under, but if such grant to a needy blind person hereunder is less than 
$25.00 per month the whole amount shall be so excluded. 
(256.54) 
APPLICATIONS. Application for assistance under sections 256.49 
to 256.71 shall be made to the state agency. The application shall be in 
writing, or reduced to writing in the manner and upon the form pre- 
scribed by the state agency, and verified by the oath of the applicant. 
Such application shall contain a statement of the amount of property, 
both personal and real, in which the applicant has an interest and of 
all income which he may have at the time of the filing of the applica- 
tion and such other information as may be prescribed by the state agency. 
(256.55) 
INVESTIGATIONS. When an application for assistance under 
sections 256.49 to 256.71 is received the state agency shall immediately 
arrange for an examination as to the blindness of the applicant by an 
ophthalmologist designated by the state agency, and shall cause to be 
made such social and economic investigation as may be necessary to de- 
termine facts supporting the application made under sections 256.49 to 
256.71, and such other information as may be required by rules and 
regulations of the state agency. 
The state agency and the officers and authorized employees there- 
of shall have the power to conduct examinations and subpoena witnesses. 
The officers and employees designated by the state agency may admin- 
ister oaths. 
(256.56) 
EXAMINATION OF APPLICANTS. No application shall be 
approved until the applicant has been examined by an ophthalmologist 
designated by the state agency to make such examinations. The examin- 
ing ophthalmologist shall certify, in writing, upon forms prescribed by 
the state agency as to diagnosis, prognosis, and visual acuity of the 
applicant. 
(256.57) 
STATE AGENCY TO DETERMINE ELIGIBILITY. Upon 
the completion of such examination the state agency shall determine 
the eligibility of the applicant for assistance under the provisions of 
sections 256.49 to 256.71, and determine the amount of assistance, if 
any, and the date on which it shall begin. In determining the amount 
of assistance account shall be taken of any income or property of the 
applicant, and any support which he may receive from other sources. 
The state agency shall notify the applicant of its decision in writing. 
Assistance shall be paid monthly from funds appropriated to the state BLIND ASSISTANCE 
73 
agency for such purposes, and from moneys furnished to the state of 
Minnesota by the federal government for such purposes. 
(256.58) 
GUARDIANS. If in the opinion of the state agency a blind re- 
cipient is incapable of handling his own affairs, or the assistance received 
under sections 256.49 to 256.71 is not used for his best interests, the 
state agency may arrange for the appointment of a legal guardian, and 
when appointment is made the state agency shall pay the assistance 
through such guardian. 
(256.59) 
ASSISTANCE NOT TRANSFERABLE. All assistance grant- 
ed under sections 256.49 to 256.71 shall not be transferable or assign- 
able, at law or in equity, and none of the money paid or payable under 
these sections shall be subject to execution, levy, attachment, garnish- 
ment, or other legal process, or to the operation of any bankruptcy or 
insolvency law. 
(256.60) 
APPEALS. If an application is not acted upon within 60 days 
after the filing thereof the applicant may appeal to the state agency 
in the manner and form prescribed herein. Any applicant who is ag- 
grieved by any order or determination of the state agency may request 
a reconsideration of his application and shall be entitled to a fair and 
impartial hearing before the state agency. All requests for reconsidera- 
tion by the state agency shall be made in writing. 
The state agency may make such additional investigation as it may 
deem necessary, and shall make such decision as to the granting of assis- 
tance and the amount of assistance to be granted the applicant as, in 
its opinion, is justified and in conformity with the provisions of sections 
256.49 to 256.71. 
If any final decision or determination by the state agency is not, 
in the opinion of the applicant or recipient, in conformity with these 
sections, either may, within 30 days after such decision, appeal from 
the decision or determination of the state agency to the district court 
of the county in which the application was filed or in which the appli- 
cant resides, by serving a copy of a written notice of such appeal upon 
the state agency and filing the original of such written notice, together 
with proof of service, with the clerk of the district court of the county. 
Such appeal may, upon not less than ten days’ written notice, be brought 
on for hearing by either party before the district court at any general 
or special term, out of term, or in chambers; and, in judicial districts 
having more than one judge, the senior or presiding judge shall hear 
the same or, if unable, refer the matter to some other judge in the 
district. Upon serving of such notice, the state agency shall furnish all 
parties in interest a concise statement of the issues involved, copies of 
all supporting papers, a transcript of the testimony taken at the hear- 74 
BLIND ASSISTANCE 
ing before the state agency and a copy of its decision. The court shall 
summarily, upon ten days’ written notice, try and determine the appeal 
upon the record of the state agency as certified to it and in its deter- 
mination shall be limited to the issue as to whether the order of the 
state agency is fraudulent, arbitrary, or unreasonable. No new or ad- 
ditional evidence shall be taken on such appeal or introduced by any 
party to such hearing on appeal in the district court, unless such new 
or additional evidence, in the opinion of the court, is necessary to a 
more equitable disposition of the appeal. If the court finds the order 
of the state agency fraudulent, arbitrary, or unreasonable, the court shall 
make an order declaring the order of the state agency null and void, 
giving its reasons therefor, and order the state agency to take further 
action in the matter not inconsistent with the determination of the 
court. 
During the pendency of the appeal, if the state agency has awarded 
assistance to a recipient, this assistance shall be paid to him pending the 
determination of the appeal. The state agency and the district court shall 
construe these sections liberally in favor of the blind applicant to the 
end that the applicant shall be awarded sufficient assistance compatible 
with decency and health. 
(256.61) 
RECONSIDERATION OF ASSISTANCE GRANTS. All as- 
sistance grants made under sections 256.49 to 256.71 shall be reconsid- 
ered as frequently as may be required by the rules of the state agency. 
After such reconsideration, the grant of assistance may be modified, 
suspended, or revoked as indicated by a reinvestigation of the recipient’s 
financial circumstances as determined upon his living needs. 
(256.62) 
REEXAMINATIONS. Every recipient shall submit to a reexami- 
nation as to his eyesight at least once in every three years and at other 
times when required to do so by the state agency, unless excused there- 
from by the state agency. He shall furnish any information required by 
the state agency for the purpose of establishing his continued eligibility 
for assistance under sections 256.49 to 256.71. 
(256.63) 
WHO MAY NOT RECEIVE ASSISTANCE. No assistance 
under sections 256.49 to 256.71 shall be granted or continued to any 
person who refuses medical, surgical, or other treatment when his eye- 
sight may be partially or wholly restored by such treatment, and a cer- 
tificate in writing to that effect is made by three properly qualified and 
licensed ophthalmologists, one selected by the affected person, one selected 
by the state agency, and one selected by the first two. Any person denied 
assistance upon this ground may appeal to the state agency in the manner 
provided therein. BLIND ASSISTANCE 
75 
(256.64) 
SHALL NOTIFY STATE AGENCY OF ACQUISITION 
OF STATE PROPERTY. If at any time during the continuance of 
assistance under sections 256.49 to 256.71 the recipient thereof becomes 
possessed of any property or income in excess of the amount stated in the 
application provided for in section 256.54, it shall be the duty of the 
recipient to notify the state agency of the receipt, or possession of such 
property or income, and the state agency may, after investigation, either 
cancel the assistance or alter the amount thereof in accordance with the 
circumstances. Any assistance paid after the recipient has come into the 
possession of such property or income and in excess of his need shall be 
recoverable by the state as a debt due the state. 
(256.65) 
ASSISTANCE TO BE CLAIM AGAINST ESTATE OF 
DECEDENT. On the death of any recipient the total amount of as- 
sistance paid under sections 256.49 to 256.71 shall be allowed as a claim 
against the estate of such person. 
(256.66) 
RECIPIENT WHO MOVES TO NOTIFY STATE AGEN- 
CY. Any recipient who moves to another county in this state shall notify 
the state agency. 
(256.67) 
PAYMENTS TO BE MADE MONTHLY. All payments of 
aid to the blind provided for in sections 256.49 to 256.71 shall be made 
monthly, in accordance with rules and regulations of the state agency. 
The state agency shall certify to the state auditor the amounts due the 
respective recipients. The amounts so certified shall be paid within ten 
days after such certification from the state treasury upon the warrants 
of the state auditor from any moneys available therefor. The moneys 
available to the state agency to carry out the provisions of those sections, 
including all federal funds available to the state, shall be kept and de- 
posited by the state treasurer in the “aid to the blind” fund and dis- 
bursed upon warrants in the same manner as other state funds except 
that such warrants shall be countersigned by the state agency or some 
other person duly authorized. Any interest accruing on such fund shall 
be credited to that fund. 
(256.68) 
FRAUDULENT CLAIMS; PENALTY. Whoever obtains, or 
attempts to obtain, or aids or abets any person to obtain by means of 
a wilfully false statement or representation, or by impersonation or other 
fraudulent device, assistance to which he is not entitled, or assistance 
greater than that to which he is entitled, or knowingly aids or abets in 
buying or in any way disposing of the property of a recipient of assis- 
tance without the consent of the state agency with intent to defeat the 
purposes of sections 256.49 to 256.71, shall be guilty of a misdemeanor; 
and, upon conviction thereof, fined not more than $100.00 or imprisoned 76 
BLIND ASSISTANCE 
for not more than three months, or both fined and imprisoned in the 
discretion of the court. 
(256.69) 
NO VESTED RIGHTS IN GRANTS. All assistance granted 
under sections 256.49 to 256.71 shall be deemed to be granted and held 
subject to the provisions of any amending or repealing act that may here- 
after be passed and no recipient shall have any claim for compensation, 
or otherwise, by reason of his assistance being affected in any way by 
any amending or repealing act. 
(256.70) 
HOW CITED. Sections 256.49 to 256.71 may be cited as the 
“Aid to the Blind Act.” 
(256.71) 
APPROPRIATION OF UNITED STATES AID. All moneys 
received or to be received from the United States government for aid 
to the needy blind are hereby appropriated for the purpose of carrying 
out the provisions of sections 256.49 to 256.71. 
B— 
Blind Rehabilitation 
(248.07) 
DUTIES OF DIRECTOR OF SOCIAL WELFARE. Sub- 
division 1. Cooperation. It shall be the duty of the director of social 
welfare to cooperate with state and local boards and agencies, both pub- 
lic and private, in preventing loss of sight, in alleviating the condition 
of blind persons and persons of failing sight, in extending and improving 
the education, advisement, training, placement, and conservation of the 
blind, and in promoting their personal, economic, social, and civic well 
being. 
Subdivision 2. Statistics. The director of social welfare shall 
collect statistics of the blind, including their present physical and mental 
condition, causes of blindness, capacity for education and industrial train- 
ing, and any further information looking toward the improvement of 
their condition that may be desired. 
Subdivision 3. Special attention. The director of social welfare 
shall give special attention to the cases of such blind youth as are 
eligible to attendance at the Minnesota Braille and sight-saving school, 
or the public school classes for the blind, but are not in attendance 
thereat, or are not receiving adequate instruction elsewhere and seek to 
secure such attendance by all practicable means. 
Subdivision 4. Vocational training. The director of social wel- 
fare shall endeavor to secure for the adult blind of the state and 
youths of legal working age such vocational training, labor, and em- 
ployment as may be adapted to their respective capacity, and shall so BLIND ASSISTANCE 
77 
far as may be feasible aid such persons in securing any provisions which 
may be made by the school for the blind or other state agencies for*,the 
betterment of their lot. When vocational training under the division of 
re-education is secured, such aid may take the form of payments for the 
maintenance of persons in training, under rules to be adopted by the 
director of social welfare. 
Subdivision 5. Aids. The director of social welfare shall further 
be empowered to aid the blind: (1) By home instruction and train- 
ing; (2) by assisting them in securing tools, appliances, and supplies; 
(3) by aid in marketing the products of their labors; (4) by care and 
relief for blind persons who are not capable of self-support; and, (5) 
in any other practicable means of alleviating their condition. 
Subdivision 6. Children’s bureau activity. The director of 
social welfare shall have authority to organize the aforesaid work as an 
activity of the children’s bureau and it shall be legal for the county child 
welfare boards to cooperate in this work in the same manner as in other 
work conducted by the children’s bureau. PART YI 
RELIEF OF THE POOR INDEX 
Page No, 
A— 
General Provisions 
261.01 Support of Poor; Liability of Relatives 83 
261.02 Failure to Support; Recovery from Relative 83 
261.03 Liability of County, Town, City, or Village 83 
261.04 Liability of Estate 83 
261.05 Powers of Governing Body of Town, City, or Village 84 
261.06 County and Town Systems 84 
261.07 Legal Settlement of Paupers 84 
261.08 Judge of District Court to determine 85 
261.09 May Provide for Removal of Paupers 86 
261.10 County of residence of poor person charged with support 86 
261.11 Costs of Proceedings 86 
261.12 Removal of Poor Person; Settlement 86 
261.13 Bringing Poor Person into State 87 
261.14 Change of System 87 
261.15 Definitions 87 
261.16 Municipalities may borrow funds for Poor Relief 88 
261.17 Bonds may be issued 88 
261.18 To be expended for Poor Relief only 89 
261.19 Serial Bonds may be issued; Tax Levy 89 
261.20 Acts Suspended 90 
261.201 Municipalities to cooperate with Federal Government in 
disposition of Commodity Stamps 90 
261.202 Municipalities to acquire and distribute Stamps 90 
261.203 County Welfare Boards to distribute Stamps 91 
261.204 Commodity Stamp Fund 92 
261.205 May Borrow Money 93 
261.206 Municipalities may contribute to Fund 93 
261.207 Bonds 93 
261.208 Construction of Sections 261.201 to 261.208 94 
261.21 County Board to provide hospitalization for indigent 
persons 94 
261.22 Application to be filed 94 
261.23 Costs of Hospitalization 96 
261.231 County Board may delegate certain powers 96 
B— 
County System of Poor Relief 
262.01 County Board Supervisors of the Poor; Overseer of Poor 
may grant Relief; County Poor Relief Agent; Poor- 
houses 96 
262.02 Limitations Applying to Members of Board 97 262.03 Overseer of Poor may be appointed in certain counties 97 
262.04 Powers and Duties of Overseer 97 
262.05 Commitment to Poorhouse by County Board 98 
262.06 Commitment by Member 98 
262.07 Temporary Relief 98 
262.08 Relief Agent may be employed in certain counties 99 
262.09 Duties; Reports; Term 99 
262.10 Conveyance of Poor Persons 99 
262.11 Settlement in Another County 99 
262.12 County Board to appoint Physician 100 
262.13 Minors, how provided for 100 
262.14 Burial at Expense of County 100 
262.15 Tax for Support of Poor 100 
Page No. 
C— 
Town System of Poor Relief 
263.01 Town Boards and Councils to be Superintendents; Relief 101 
263.02 Limitations Applying to Members of Board 101 
263.03 Powers and Duties of Board 101 
263.04 Poorhouse 102 
263.05 Taxes, how levied 103 
263.06 Allowance to Towns on Change from County System 103 
263.07 County System changed to Town System 103 
263.08 Transfer of Surplus in County Poor Fund, When 104 
263.09 Counties to pay portion of poor expenses under Town 
System 104 
263.10 Liability of Counties for Care of Poor by Towns; Tax Levy 105 
263.11 Municipal authorities to certify levies 105 
263.12 Application 105 RELIEF OF THE POOR 
A— 
General Provisions 
(261.01) 
SUPPORT OF POOR; LIABILITY OF RELATIVES. Every 
poor person who for any reason is unable to earn a livelihood shall be 
supported by his children, parents, brothers, and sisters, grandchildren 
or grandparents; and relatives having sufficient ability shall be called on 
for such support in the order above named; provided, that a person who 
becomes a pauper from intemperance or other bad conduct shall not be 
entitled to support from any relative except parent or child. Every such 
relative who refuses or fails to support any poor person whom he is bound 
by law to support, when directed by the board or council of the county, 
town, city, or village in which such person has a settlement, shall forfeit 
and pay to such county, town, city, or village, for the use of the poor 
thereof, such amount as the court may determine, not exceeding $25.00 
per month, to be recovered in any court having jurisdiction. 
(261.02) 
FAILURE TO SUPPORT; RECOVERY FROM RELA- 
TIVE. When any relative chargeable with the support of any poor 
person fails or neglects, after being directed by any town, city, or village 
under the town system of poor relief, to furnish to such poor person 
support, maintenance, burial, and, in case of non-resident, expenses of 
removal from such town, city, or village furnishing the same may re- 
cover in any court of competent jurisdiction from such relation who is a 
resident of this state, any such sum so furnished by it, whether such poor 
person is a resident of such town, city, or village or not. In the event 
that the poor person shall have no relative chargeable therewith such 
town, city, or village so expending the same may, after like notice, re- 
cover from any town, city, or village within this state which is charged 
by law with the support of such poor person, any sum so expended. 
(261.03) 
LIABILITY OF COUNTY, TOWN, CITY, OR VILLAGE. 
When any such poor person has none of the relatives named in section 
261.01, or they are not of sufficient ability, or refuse or fail, to support 
him, he shall receive such support or relief as the case may require from 
the county, town, city, or village in which he has a settlement at the time 
of applying therefor, as hereinafter provided. 
(261.04) 
LIABILITY OF ESTATE. Subdivision 1. Support, mainte- 
nance, or burial. When any person is furnished or provided with sup- 
port, maintenance, care, or burial as a poor person by any county, city, 
town, village, or borough the municipality so furnishing such support, 
maintenance, care, or burial shall have a claim therefor against the person 
or his estate for the reasonable value thereof, which claim may be pre- 84 
RELIEF OF THE POOR 
sented and prosecuted by such municipality at its option upon discovery 
of any property belonging to the poor person or to his estate. 
Subdivision 2. Claims filed in probate court. Such claims, when 
against the estate of a deceased person, shall be filed in probate court 
and acted upon as in the case of other claims. 
(261.05) 
POWERS OF GOVERNING BODY OF TOWN, CITY, 
OR VILLAGE. In addition to all other powers now or hereafter by 
law conferred upon the governing body of any town, city, or village, 
authority is hereby given to receive and accept for their town, city, or 
village real or personal property, encumbered or unencumbered, by gift, 
devise, conveyance, or otherwise from any person whose care, support, 
treatment, or maintenance, in whole or in part, under the laws relating 
to poor relief, is or may be chargeable to, furnished, or provided by, such 
town, city, or village and to hold or dispose of the same for the benefit 
of such town, city, or village, as provided by law in the case of other 
property belonging to such town, city, or village, and the payment and 
discharge of any lien or encumbrance upon any such property is author- 
ized when such governing body determines that such payment is advis- 
able and for the best interests of such town, city, or village. 
(261.06) 
COUNTY AND TOWN SYSTEMS. The system of caring for 
the poor in counties in which they are chargeable upon the county shall 
be known as the county system. That system in which they are chargeable 
upon the towns, cities, and villages thereof shall be known as the town 
system. Every county shall continue under the system in force therein 
at the time when the revised laws take effect, until the same is changed 
as provided in this chapter. 
(261.07) 
LEGAL SETTLEMENT OF PAUPERS. Every person except 
those hereinafter mentioned, who has resided two years continuously in 
any county, shall be deemed to have a settlement therein, if it has the 
county system; if it has the town system, he shall have a settlement in 
the town, city, or village therein in which he has longest resided within 
two years. Every person who has resided two years continuously in the 
state, but not in any one county, shall have a settlement in the county 
in which he has longest resided within such two years, if it has the 
county system; if it has the town system, his settlement shall be in the 
town, city, or village therein in which he has longest resided within 
two years. The time during which a person has received old age assis- 
tance or aid to dependent children, or has been the inmate of a hospital, 
old age home, or nursing home for the care of the invalid or aged, 
whether public or private, and the time during the pendency of any 
suit to determine his legal poor settlement, and the time during which RELIEF OF THE POOR 
85 
a person has been an inmate of a poorhouse, jail, prison, or other public 
institution, or under commitment to the guardianship of the director of 
social welfare or the director of public institutions, or one of the state 
institutions as a feebleminded, delinquent, or dependent person, and each 
month during which he has received relief from the poor fund or any 
county or municipality or from funds supplied by the state of Minne- 
sota or the United States or any department or departments thereof, 
except a recipient of assistance under the aid to the blind act, supplied 
as direct relief or in providing work on a relief basis and in lieu of direct 
relief, shall be excluded in determining the time of residence hereunder, 
except that a ward of the state public school shall have the legal settle- 
ment of the family with whom he has resided for two or more years 
under a written contract with the state public school providing for his 
care, education, and treatment as a member of such family. Every minor 
not emancipated and settled in his own right and not under guardian- 
ship of the director of social welfare or the director of public institutions, 
or one of the state institutions as a feeble-minded, delinquent, or de- 
pendent person shall have the same settlement as the parent with whom 
he has resided. Every child born in a state institution shall have a settle- 
ment in the county in which the mother had a legal settlement at the 
time she was committed to such institution. Every minor not emanci- 
pated and settled in his own right and living apart from his parents 
and not supported by his parents shall, after receiving aid and support 
from others uninterruptedly for a period of two years, acquire the 
settlement of the person with whom he has resided for a period of not 
less than two years, provided that a married woman abandoned or de- 
serted by her husband for a period of one year continuously shall there- 
after have the same right to acquire a new settlement as a single person. 
The legal settlement of persons under commitment as insane, feeble- 
minded, epileptic, inebriate or psychopathic personality, in so far as such 
persons are subject to the provisions of reciprocity agreements between 
the State of Minnesota and other states, shall be gained upon a residence 
of one-half of the time required for the gaining of legal settlement for 
poor relief purposes but shall otherwise be subject to the same conditions 
and exceptions. 
A settlement in this state shall be terminated and lost by: 
(1) Acquiring a new one in another state. 
(2) By voluntary and uninterrupted absence from this state for 
a period of one year with intent to abandon his residence in the state of 
Minnesota. 
(261.08) 
JUDGE OF DISTRICT COURT TO DETERMINE. When 
a dispute shall arise between political subdivisions within a county or 
between two or more counties or between a county and a political sub- 86 
RELIEF OF THE POOR 
division of another county or political subdivisions of different counties 
as to the place of settlement of any poor person any such county or 
political subdivision may serve upon the other or others a notice that it 
will on a day certain, not less than five days after the service of such 
notice, apply to a judge of the district court of the district in which the 
county or political subdivision serving such notice lies for a determination 
of the settlement of such poor person. Such judge shall at the time fixed 
and without a jury hear the evidence adduced by the parties to such 
proceeding and forthwith make and file his order determining the place 
of settlement of such poor person. 
(261.09) 
MAY PROVIDE FOR REMOVAL OF PAUPERS. The 
court in its order determining the settlement shall provide for the re- 
moval of the poor persons to their place of settlement as determined by 
the order; provided the court may, upon a proper showing by the po- 
litical subdivision having the legal responsibility to support the poor 
persons, allow the political subdivision to care for the poor persons in 
another political subdivision, in which event the poor persons shall re- 
tain their legal settlement in the political subdivision found as deter- 
mined by the order of the court until 30 days after it serves written 
notice upon the political subdivision where the poor persons are residing 
that it has ceased to support these persons and the political subdivision 
where the poor persons are residing shall have the right, upon ten days’ 
written notice to the poor persons within the 30-day period, to remove 
them to the political subdivision as determined by the order of the court. 
(261.10) 
COUNTY OF RESIDENCE OF POOR PERSON CHARG- 
ED WITH SUPPORT. The county or subdivision in which such poor 
person shall by such order be found to be his settlement shall thereafter 
be charged with his care and support. 
(261.11) 
COSTS OF PROCEEDINGS. The prevailing party shall be 
allowed disbursements necessarily paid or incurred, to be taxed in the 
manner provided in civil actions. 
(261.12) 
REMOVAL OF POOR PERSON; SETTLEMENT. When a 
poor person is removed, as provided in this chapter, from one county, 
town, city, or village to another and the authorities thereof deny that 
he is legally settled therein they shall make temporary provision for his 
care. If such removal was from one county to another county, or to any 
town, city, or village of another, the authorities may present the case to 
the director of social welfare; if the removal was from one town, city, 
or village to another within the same county, they may present the case 
to the county board. The director of social welfare shall determine the 
settlement of such person and certify his findings, and thereupon such RELIEF OF THE POOR 
87 
person shall become a charge upon the county, town, city, or village in 
which such settlement is found to be, which shall also pay the cost of 
caring for such person pending the investigation, and of removing him 
to the place of his settlement, together with the expenses of such in- 
vestigation, including the fees and mileage of witnesses; and, in the case 
of the director of social welfare, the expenses of his agents. Such find- 
ings of the director of social welfare shall be without prejudice in any 
litigation arising by reason thereof. 
(261.13) 
BRINGING POOR PERSON INTO STATE. Whoever with- 
out legal authority shall send, carry, or remove, or cause to be sent, 
carried, or removed, any insane, idiotic, or poor person from without 
the state to any county therein, and there leave him, or cause him to be 
left, with intent to make such county, or any town, city, or village 
thereof, chargeable with his support or relief, or who with like intent 
shall induce any such person so to remove, shall forfeit $50.00, to be 
recovered by the treasurer of such county, town, city, or village, for the 
support of the poor therein, and shall be guilty of a misdemeanor. 
(261.14) 
CHANGE OF SYSTEM. When the county board shall so de- 
termine, or if one-fourth of the voters of the county shall petition there- 
for, the question of changing from the system in force therein to either 
the town or county system shall be submitted to the voters of the coun- 
ty at the next general election. The notices of such election shall state 
that the question will be voted upon, and provisions for taking such 
vote shall be made upon the blue ballots furnished therefor, as in the 
case of other questions. If a majority of the votes cast thereon be in 
the affirmative, the change shall take effect upon the first Monday of 
January next thereafter. 
(261.15) 
DEFINITIONS. As used in sections 261.15 to 261.20, unless the 
subject-matter or context requires otherwise: 
(1) The term “political subdivision” includes any subdivision of 
the state or any municipal corporation or public quasi-corporation, how- 
ever organized. 
(2) The words “support or relief of the poor” shall have the same 
meaning as the words are given by Mason’s Minnesota Statutes of 1927, 
Chapter 15, and the words “poor persons” shall mean such persons for 
whom a legal liability is imposed under that chapter. 
(3) The term “work relief” means support or relief in wages or 
other compensation, in cash or in kind, paid for work under the fol- 
lowing conditions: (a) That the recipients of work relief and the 
amounts given are both determined on the basis of actual need and 
certified for such work relief by the officials charged with administering RELIEF OF THE POOR 
88 
the relief of the poor; (b) that the funds for such relief are made 
available only from those specifically appropriated or contributed for 
support or relief of the poor; (c) that the funds are used to finance 
projects for which the political subdivision can legally incur expense 
and which could not otherwise be undertaken at the time or in the 
immediate future. 
(4) The words “direct relief” mean relief to individuals or 
families incidental to the care of the poor, such as food, clothing, shelter, 
medical care, and supplies, and other necessities of life; provided that 
nothing in sections 261.15 to 261.20 shall be interpreted as enlarging the 
responsibility for relief as now imposed by the laws of Minnesota. 
(261.16) 
MUNICIPALITIES MAY BORROW FUNDS FOR POOR 
RELIEF. Each political subdivision of the state charged by law with 
responsibility for the support or relief of poor persons having a legal 
settlement therein is hereby granted authority to borrow funds and 
pledge the credit of such political subdivision to meet the expense thereof 
and to make such loans either from the state of Minnesota, the federal 
government, or from private sources when necessary for the support 
or relief of the persons; provided that sections 261.15 to 261.20 shall 
not be construed as increasing the limit of debt, if any, prescribed by 
the special law or home rule charter or general law under which any 
political subdivision is organized. 
(261.17) 
BONDS MAY BE ISSUED. Bonds or other evidence of indebt- 
edness may be issued pursuant to the authority granted and for the pur- 
poses specified herein by following the regular statutory or charter 
procedure applicable to such political subdivision; provided, however, 
that any political subdivision now required by statute or by charter 
to submit the question of the issuance of bonds or other evidences of 
indebtedness to a referendum vote, is hereby authorized to issue and 
sell such public welfare bonds or other evidence of indebtedness without 
submitting the question of such issue to a referendum vote, by following 
the procedure hereinafter outlined. 
Before any such bonds or other evidence of indebtedness may be 
issued hereunder by a political subdivision which is restricted by statute 
or by charter provision from issuing bonds and pledging the credit there- 
of without submitting the proposal to make such issue to a referendum 
vote of the electors of such political subdivision, a resolution shall first 
be adopted by a two-thirds vote of all the members of the official body 
or bodies authorized to make loans within the political subdivision, de- 
claring an emergency to exist making it necessary to borrow in the 
specified amount without submitting the question of issuance of bonds 
or other evidence of indebtedness to a vote of the electors of the political RELIEF OF THE POOR 
89 
subdivision. The action of the governing body shall be by resolution, ir- 
respective of any requirement of any home rule charter, general or special 
law requiring such action to be by ordinance. This resolution shall then 
be submitted to the governor of the state, together with all facts deemed 
necessary to support such emergency action, including the general finan- 
cial condition of the political subdivision, the need for the funds, and 
funds which may be available, public or private, and such other informa- 
tion as may be required. If after investigation the governor finds that 
the amounts requested are within the reasonable needs of the political 
subdivision and that no other funds are available to meet the same or 
that it is not possible or practicable, in view of the other governmental 
needs of the political subdivision to secure the necessary funds from 
other sources or by regular methods of borrowing, he shall certify that 
an emergency exists sufficient to warrant the issuance of such bonds 
or other evidence of indebtedness subject to the requested exemption. 
The governor may reduce but shall not increase the amount requested 
in such resolution. Upon such certification, the governing body or bodies 
may then proceed to issue and sell such bonds or other evidence of in- 
debtedness pursuant to the resolution aforesaid and in the manner pre- 
scribed by section 475.15 and they shall be valid legal obligations of the 
political subdivision without the referendum vote of the electors. 
TO BE EXPENDED FOR POOR RELIEF ONLY. All 
moneys so borrowed shall be expended only for the support or relief of 
the poor through direct relief, work relief, placement service, or other 
service contributing to the support or relief of the poor, including the 
expense of administration and supervision. 
(261.18) 
(261.19) 
SERIAL BONDS MAY BE ISSUED; TAX LEVY. Upon 
authorization and approval of the issuance of bonds as provided in sec- 
tions 261.15 to 261.20, the governing body or other proper bodies of 
any such political subdivision may proceed to issue and sell its bonds 
or other evidence of indebtedness covering such loans in the manner 
prescribed by section 475.15. Such bonds or evidences of indebtedness 
shall be issued to mature serially, the first instalment of which shall be- 
come due in not more than three years and the last of which shall 
become due and payable in not more than ten years from the date of 
their issue. 
The bonds or other evidence of indebtedness issued pursuant to 
sections 261.15 to 261.20 shall be subject to the provisions of such laws 
of the state as govern the particular political subdivision in making such 
loans, in regard to the levy of a tax for interest and principal and for 
the payment thereof. No provision of any act passed during the 1933 
session of the legislature limiting the tax which may be levied for poor 
relief purposes shall in any way limit the tax to be levied for the payment 90 
RELIEF OF THE POOR 
of the principal or interest of bonds issued pursuant to the provisions of 
sections 261.15 to 261.20. 
(261.20) 
ACTS SUSPENDED. All laws or parts of laws inconsistent with 
sections 261.15 to 261.20 are hereby suspended during the operation of 
those sections; provided, that this action shall not be construed as re- 
pealing or suspending any other law authorizing municipalities coming 
within the provisions of sections 261.15 to 261.20 to issue bonds for 
poor relief purposes. 
(261.201) 
MUNICIPALITIES TO COOPERATE WITH FEDER- 
AL GOVERNMENT IN DISPOSITION OF COMMODITY 
STAMPS. Any county, county welfare board, city, town, village, bor- 
ough or other subdivision of the state of Minnesota, or any public relief 
or social welfare agency or representative of any one of them may, in the 
furtherance of any federal commodity or commodity stamp plan or pro- 
gram, assist, actively cooperate with, and act as agent of the federal, 
state, or local governments or any agency of any one of them. 
(261.202) 
MUNICIPALITIES TO ACQUIRE AND DISTRIBUTE 
STAMPS. Subdivision 1. Authority. Any county, county welfare 
board, city, town, village, borough, or other subdivision of the state of 
Minnesota, or any agency of any one of them, authorized to expend 
public moneys for the direct relief of the poor is hereby empowered to 
acquire and distribute to its poor, federal commodities and commodity 
stamps in lieu of other relief for the same needs, to transfer or deposit 
therefor cash in advance and to defray administrative expenses incurred 
in such acquisition and distribution including bond and insurance premi- 
ums from moneys available for direct relief and social welfare purposes. 
Subdivision 2. Board of public welfare; commodity stamp 
fund. In any county operating under the township system of caring for 
the poor, and containing a city of the first class operating under a home 
rule charter, wherein there is established in such city a board of public 
welfare for the administration of poor relief in such city, such board 
of public welfare shall be the exclusive agency to acquire and dispose of 
such federal commodities and commodity stamps in such city. Such city 
of the first class is hereby empowered to create and establish a com- 
modity stamp fund. Moneys for the fund shall be made available from 
the poor fund of such city and by contributions from federal and state 
funds, if any, made available for direct relief purposes. This commodity 
stamp fund shall not exceed the sum of $150,000. In such counties the 
township system of caring for the poor shall be continued, and the 
towns, villages, and cities of the third and fourth classes therein desiring 
to participate in these federal commodities and commodity stamp plans, 
are hereby empowered to contract with each other and with the federal RELIEF OF THE POOR 
91 
government or any agency thereof to create and establish a central rep- 
resentative agency to be designated as the suburban agency. This sub- 
urban agency shall be empowered to acquire and dispose of federal com- 
modities and commodity stamps in the manner provided in this sub- 
division and in section 261.203, and to perform all other acts, obliga- 
tions, and duties undertaken by the terms of any agreement authorized 
in this section. The participating towns and municipalities are hereby 
empowered to create and establish a commodity stamp fund, and to 
establish a fund to defray administration expenses of the suburban agen- 
cy, and to transfer these funds to the exclusive custody of the agency. 
Cost of administration and other expenses of the agency, including bond 
and insurance premiums, shall be paid on a pro rata basis. Moneys 
for the commodity stamp fund established by such participating towns 
and municipalities shall be made available by contributions from their 
respective poor funds, and from contributions from federal and state 
funds, if any, made available for direct relief purposes. This stamp fund 
shall not exceed the sum of $30,000. The suburban agency shall quar- 
terly give a full and complete accounting and report to the participating 
towns and municipalities in the manner and form as prescribed by the 
public examiner and approved by the attorney general. Both the com- 
modity stamp fund of the city of the first class and the commodity 
stamp fund for the suburban agency shall consist of the original moneys 
transferred to it, the stamps acquired and the proceeds of disposition. 
Such commodity stamp funds shall remain inviolate during the operation 
of the stamp plan program, and no part thereof shall be used to defray 
administration or any other expenses. The board of public welfare and 
the suburban agency, or their respective designees, may act as stamp is- 
suing officer and shall have the power to do all other acts necessary to 
the proper administration of their respective stamp funds. In such coun- 
ties neither the board of county commissioners nor the county welfare 
board shall levy, contribute, or expend any moneys in the furtherance 
of any stamp plan program, however operating in the county. In such 
counties the provisions contained in section 261.204, subdivisions 1, 2, 
4, 5, and 6, shall not apply. 
(261.203) 
COUNTYWELFARE BOARDS TO DISTRIBUTE 
STAMPS. Any county welfare board within the state, any city of the 
first class, and any suburban agency referred to in section 261.202, 
subdivision 2, is hereby authorized to acquire federal commodity stamps 
by means of the commodity stamp fund hereinafter established, to dis- 
pose of them to persons and governmental subdivisions qualified to 
acquire them under state and federal law and regulations and to receive 
cash and deposits therefor in advance. No commodity stamps so acquir- 
ed may be disposed of except upon the receipt of cash upon delivery or 
cash transferred or deposited in advance in accordance with section 92 
RELIEF OF THE POOR 
261.202. Any contribution to the principal of the commodity stamp fund 
by a governmental subdivision of the state of Minnesota as authorized 
by sections 261.201 to 261.208 shall not constitute a transfer or deposit. 
(261.204) 
COMMODITY STAMP FUND. Subdivision 1. Authority. 
Any county within the state, regardless of the system under which pro- 
vision is made for the relief and support of its poor, and any city of the 
first class, is hereby authorized to create and establish a commodity 
stamp fund, hereinafter referred to as the fund, for the acquisition 
under section 261.203 of federal commodity stamps, which fund shall 
not exceed the minimum necessary to qualify under federal rules, regu- 
lations and law and in no event shall exceed $150,000 for cities of the 
first class and $150,000 for counties in which they are located, and 
in all other counties $50,000. The fund shall consist of the original 
moneys transferred to it, the stamps acquired and the proceeds of dis- 
position. It shall always remain inviolate. 
Subdivision 2. Moneys, how made available. Moneys may, in 
addition to such other methods as may exist, be made available for the 
fund in any one or more of the following ways: 
(1) By the same method as moneys are made available for de- 
fraying expenses of the county welfare board under sections 393.01 to 
393.09 or as such sections may be supplemented ; 
(2) By contribution from the federal, state, or governmental sub- 
divisions thereof of moneys available for direct relief or social welfare 
purposes; 
(3) By borrowing and transferring to the fund. In counties op- 
erating under the county system of poor relief, borrowing shall be in 
the manner provided by law for direct relief or social welfare purposes 
or both. In counties operating under the township system of poor relief 
in the manner provided in sections 475.03, 475.04, and 475.23 to 475.- 
32; for the purpose of computing statutory debt limits, the money bor- 
rowed under the authority of this subdivision for the purpose of con- 
tribution to the fund shall not be considered to constitute indebtedness, 
bonded or otherwise. 
Subdivision 3. Moneys, when transferred to fund. No moneys 
shall be transferred to the fund until after all bonds have been posted 
and insurance acquired. 
Subdivision 4. Stamp issuing officer. The county welfare board, 
its executive secretary or other designee may act as stamp issuing officer 
and shall have power to do all other acts necessary to the proper admin- 
istration of the fund. RELIEF OF THE POOR 
93 
Subdivision 5. Expenses. Expenses incident to the creation and 
administration of the fund, including bond and insurance premiums, 
may be defrayed in the same manner as other expenses of the county 
welfare board under sections 393.01 to 393.09, or as such sections may 
be supplemented. 
Subdivision 6. Accounting. Accounting shall be as follows: 
(1) With respect to the fund, by such method or methods as the 
public examiner, by regulations duly approved as to legality by the at- 
torney general, may direct; semiannually, or at such other times as the 
board of county commissioners may designate, the county welfare board 
shall give an accounting and report to the county auditor; 
(2) With respect to any transfer or deposit made in advance 
by a governmental subdivision of the state of Minnesota to any county 
welfare board or its stamp issuing officer, by accounts and reports to 
the transferring or depositing subdivision made monthly or at such times 
and in such manner as the public examiner, by regulations duly approved 
as to legality by the attorney general, may direct. The duly approved 
regulations of the public examiner under this subdivision shall be sent 
to all county welfare boards within the state. 
Subdivision 7. Funds remaining at termination of plan. At 
the termination of any plan all commodity stamps shall be disposed of 
and the fund in cash shall be returned to the contributors thereto. 
(261.205) 
MAY BORROW MONEY. The governmental subdivisions 
named in section 261.202 may, for the purposes of that section, borrow 
money in the manner provided by law for direct relief or social welfare 
purposes or both. 
(261.206) 
MUNICIPALITIES MAY CONTRIBUTE TO FUND. Any 
governmental subdivision of the state authorized to expend public mon- 
eys for the direct relief of its poor is hereby empowered to contribute 
to the fund and, for such purpose, may borrow money in the manner 
provided by law for direct relief or social welfare purposes or both. 
(261.207) 
BONDS. Any person into whose care and custody there comes any 
cash, stamps, or other property used in any federal commodity or 
commodity stamp plan or program shall post a bond running to the 
State of Minnesota approved by and in such sum as the board of county 
commissioners or other governing body of the responsible governmental 
subdivision or authorized representative agency shall deem adequate pro- 
tection for all stamps, cash, and property in such person’s care and 
custody. All stamps, cash, and property in the possession of any govern- 
mental subdivision of the state or any agency thereof shall be insured 94 
RELIEF OF THE POOR 
against loss or deposited with a depository of public funds in the manner 
provided by law. 
(261.208) 
CONSTRUCTION OF SECTIONS 261.201 to 261.208. Sec- 
tions 261.201 to 261.208 shall be construed so as to further their pur- 
pose, which is to enable governmental subdivisions of the state of Min- 
nesota to participate in federal commodity and commodity stamp plans 
and programs. 
(261.21) 
COUNTY BOARD TO PROVIDE HOSPITALIZATION 
FOR INDIGENT PERSONS. The county board of any county in 
this state is hereby authorized to provide for the hospitalization in 
hospitals within the county or elsewhere within the state of indigent 
residents of such county who are afflicted with a malady, injury, de- 
formity, or ailment of a nature which can probably be remedied by 
hospitalization and who are unable financially to secure and pay for 
such hospitalization or, in the case of a minor, whose parent, guardian, 
trustee, or other person having lawful custody of his person, as the case 
may be, is unable to secure or provide such hospitalization. 
(261.22) 
APPLICATION TO BE FILED. Subdivision 1. Duties of 
officials. When the existence of a case described in section 261.21 shall 
come to the notice of the sheriff, town clerk, health officer, public 
health nurse, peace officer, public official, or physician or surgeon it 
shall be his duty to, and any other person may, file with the auditor 
of the county of the residence of such indigent person requiring care 
an application for the hospitalization of such indigent person. Such 
application shall be made in such form as the county board of such 
county may prescribe, and shall contain the name, age, residence, and 
physical condition of the person sought to be hospitalized and shall con- 
tain also a full statement of his financial situation and of the persons, if 
any, legally charged with his care and support and such application shall 
be verified. The county board shall make a careful investigation of the 
matter in such manner as it shall deem advisable and expedient and 
it shall be the duty of any public official of any county, city, village, 
or town of the residence of the person sought to be hospitalized to 
supply the county board on a request therefor all the information with- 
in his knowledge relative to the financial condition of the person sought 
to be hospitalized and of all persons, if any there be, who are legally 
liable for the support of such person. If after such investigation the 
county board shall be satisfied that the person on whose behalf the 
application is made is not financially able to provide himself with such 
hospitalization or in case of a minor, his parents, guardians, trustee, 
or other person having legal custody over him or legally responsible for 
his support and maintenance is not financially able to provide such RELIEF OF THE POOR 
95 
hospitalization, then said county board shall direct the county physician 
or some other physician to make an examination of the person on whose 
behalf such application was made. Such physician shall make and file 
with the county board a verified report in writing setting forth the 
nature and history of the case and such other information as will likely 
aid in the medical and surgical treatment of the disease, malady, injury, 
deformity, or ailment affecting such person, and shall state in such report 
his opinion whether or not the condition of such person can probably be 
remedied at a hospital. Such report shall be made in duplicate, one copy 
of which shall be filed with the county auditor and the other shall be 
transmitted to the hospital at which such afflicted person is hospitalized ; 
such report shall also give any information the examining physician shall 
have or acquire relative to the financial ability of the afflicted person to 
pay for the hospitalization and treatment of his disease, malady, injury, 
deformity, or ailment, together with any other information such physi- 
cian may deem helpful to the county board or the physician attending 
him. 
Subdivision 2. Duties of county board. If upon filing of such 
report and a full investigation of the application the county board shall 
be satisfied that the case is one which could be remedied by hospital 
treatment and that such afflicted person is financially unable to secure 
or provide the same for himself and that the persons legally charged with 
the support and maintenance of such person, if any there be, are finan- 
cially unable to provide such hospitalization, the county board may 
grant or approve said application. If the county board is not so satisfied, 
it may take additional testimony or make such further investigation as it 
shall deem proper and it shall reject any application if it finds that the 
facts do not merit the expenditure of public money for the relief of such 
afflicted person. Upon the approving and granting such application and 
the relief therein prayed for, the chairman of such county board shall 
arrange for the hospitalization of such afflicted person. If the county 
board shall find that the applicant or the person legally responsible for his 
support and maintenance is not able to pay in full but is able to pay 
in part for such hospitalization at such hospital, the county board may 
approve such application of such afflicted person on such terms of di- 
vision of hospital charges and costs as it may deem equitable and just. 
The county board shall provide for taking such afflicted person to the 
hospital. When a physician certifies that an emergency exists in any 
case and that he believes that the person suffering is unable to pay for 
hospitalization such person shall be admitted to any such hospital upon 
the order of the chairman of the county board or upon the order of 
the county commissioner of the district in which such alleged indigent 
person resides; and thereafter an investigation shall be made in the 
manner hereinbefore provided. When a physician certifies in a case of 96 
RELIEF OF THE POOR 
an injury (or an emergency) that immediate surgical or medical treat- 
ment is necessary, the patient shall forthwith be admitted to any such 
hospital upon said certificate for a period not to exceed 72 hours; and 
thereafter an investigation shall be certified and made in the manner 
provided in sections 261.21 to 261.23. 
(261.23) 
COSTS OF HOSPITALIZATION. The costs of hospitalization 
of such indigent persons exclusive of medical and surgical care and treat- 
ment shall not exceed in amount the full rates fixed and charged by the 
Minnesota general hospital under the provisions of sections 158.01 to 
158.11 for the hospitalization of such indigent patients. The cost of the 
hospitalization of indigent persons under the provisions of sections 261.21 
to 261.23 shall be paid by the county of the residence of such indigent 
persons at such times as may be provided for in such contract; and in 
case of an injury or emergency requiring immediate surgical or medical 
treatment, for a period not to exceed 72 hours, the cost shall be paid 
by the county from which such patient, if indigent, is certified. If the 
county of residence of the patient is not the county in which the patient 
has legal settlement for the purposes of poor relief, then the county of 
residence may seek reimbursement from the county in which the patient 
has settlement for the purposes of poor relief for all costs it has neces- 
sarily incurred and paid in connection with the hospitalization of said 
patient. 
(261.231) 
COUNTY BOARD MAY DELEGATE CERTAIN POW- 
ERS. The county board of any county in this state is hereby authorized 
to delegate to the county welfare board of such county all the rights, 
powers, and duties conferred upon it by Laws 1941, Chapter 473, with 
reference to the hospitalization of indigent persons. 
B— 
County System of Poor Relief 
(262.01) 
COUNTY BOARD SUPERVISORS OF THE POOR; 
OVERSEER OF POOR MAY GRANT RELIEF; COUNTY 
POOR RELIEF AGENT; POORHOUSES. In counties having 
the county system, the members of the county board shall be supervisors 
of the poor; provided, that in counties where the board has employed 
and appointed an overseer of poor, the county board may by resolution 
confer full authority for granting temporary relief to the poor on the 
overseer of the poor or such other person as may be appointed by them, 
and in such cases the overseer or such other person so appointed shall be 
the only authorized agent of the county to incur expenses for relief of the 
poor. In case a person other than the overseer of the poor is appointed 
for the purpose, he shall be designated as the county poor relief agent 
and shall hold his office during the pleasure of the county board and RELIEF OF THE POOR 
97 
his compensation shall be fixed by the board annually. The board may 
establish and maintain a poorhouse for the reception and support of 
poor persons chargeable on the county, and also, if it shall deem best, 
a poor farm or workhouse, or both, for the employment of the poor 
therein. If, in the opinion of the board the number of poor persons does 
not warrant the purchase or lease of a poorhouse, it may provide for 
their support in any other way which it may deem proper. The expense 
of providing the necessary land and buildings shall be defrayed by a 
special tax, to be assessed, levied, and collected like other county taxes. 
(262.02) 
LIMITATIONS APPLYING TO MEMBERS OF BOARD. 
No member of the county board shall be directly or indirectly interested 
in furnishing supplies for the benefit of poor persons, or in the erection 
or maintenance of any poorhouse or other place provided for the re- 
ception of the poor, and no such member shall be a physician for, or 
overseer of, the poor. Every person violating this section shall be guilty 
of a misdemeanor. 
(262.03) 
OVERSEER OF POOR MAY BE APPOINTED IN CER- 
TAIN COUNTIES. When a poorhouse is established the county board 
shall appoint, for the term of one year and may at pleasure remove, an 
overseer of the poor, who shall hold office until his successor qualifies, 
and whose compensation shall be fixed by the board annually. In a 
county where no poorhouse is established, the county board may appoint, 
for the term of one year and may at its pleasure remove, an overseer of 
the poor, who shall hold office until his successor qualifies, and his 
compensation shall be fixed by the board annually. Before entering upon 
his office, the overseer, in either case, shall give bond to the county in 
such sum as the county board may direct, to be approved by it, and 
conditioned for the faithful performance of his duties; and the county 
board may require an additional bond when the bond is deemed in- 
sufficient. 
(262.04) 
POWERS AND DUTIES OF OVERSEER. The overseer of 
the poor shall have immediate charge and control of all poor persons 
supported by the county and of the poorhouse and other places provided 
for their reception or employment, subject to the supervision of the 
county board, or a committee thereof appointed for that purpose. He 
shall keep a record of the name, age, residence, condition, date of re- 
ception, and discharge of each of the persons received under his charge, 
and of all deaths and births occurring. He shall keep an account of 
all moneys and property received and disbursed by him, and shall ren- 
der and settle the same at least once each year at such time as the 
county board may appoint; and at the expiration of his term of office, 
and at other times when required, he shall make a report showing the 98 
RELIEF OF THE POOR 
number, names, ages, and condition of all persons who are or have 
been under his charge during the time covered thereby, the length of 
time each person has received support, the amounts received in money 
or otherwise from the produce of the farm or workhouse and from the 
labor of the inmates, and such other facts and information as the county 
board may require. 
(262.05) 
COMMITMENT TO POORHOUSE BY COUNTY 
BOARD. The overseer shall receive poor persons and furnish them 
wdth suitable support at the place provided for that purpose upon order 
of the county board. The county board may discharge any such person 
when satisfied that he is not legally chargeable upon the county. When 
any inmate shall have left, or been discharged, from the poorhouse the 
overseer shall report the fact in writing to the county board at its next 
meeting. 
(262.06) 
COMMITMENT BY MEMBER. When application for relief 
or support is made to a member of the county board, by or for any poor 
person in his district, if satisfied that he is in actual need, is a proper 
subject for public relief or support, and is legally settled in the county, 
or has no legal settlement in the state, he shall make and sign an order 
directing the overseer to receive such person, and to furnish him with 
suitable support. Such order shall contain or be accompanied by a state- 
ment of such person’s name, age, condition, former occupation, place of 
residence, and length of residence in the county. Upon delivery to him 
of such order, the overseer shall receive such person, and provide him 
with support until the further order of the county board. The member 
making such order shall report the facts in writing to the county board 
at its next session. 
(262.07) 
TEMPORARY RELIEF. If upon inquiry such member of the 
county board be of the opinion that only temporary and limited assis- 
tance will be required by such person, or any member of his family, 
and that it will be for the best interest of the county to grant the same, 
instead of making the order aforesaid, he may allow such person or 
any member of a family relief to the amount that he may deem expedient, 
subject to the following conditions: 
(1) No money shall be paid to any poor person under this section 
except that when transportation is furnished, a small sum may be given 
to such person to buy food. 
(2) Relief shall not be granted to any one person or any one 
member of a family in a sum exceeding $35.00 in one calendar year, 
except that in cases extended relief is asked before July 1st and ap- 
proved by the commissioner, the county board may, by resolution, auth- RELIEF OF THE POOR 
99 
orize him to increase the relief to the amount of $75.00; and, by resolu- 
tion unanimously adopted, authorize him to increase the relief to the 
amount of $200.00, or so much thereof as may be necessary. 
When relief is given under this section, an itemized and verified 
bill of goods furnished or services rendered, accompanied by an ac- 
knowledgment of the same from the person receiving them, must be 
presented to such member. Upon his approval thereof, he shall direct 
the county auditor in writing to issue his warrant for the amount spe- 
cified to be paid out of the fund for the support and relief of the poor. 
A blank form for such bill, acknowledgment, approval, and order shall 
be provided by the county auditor and used in all such cases. 
(262.08) 
RELIEF AGENT MAY BE EMPLOYED IN CERTAIN 
COUNTIES. In any county having the county system and having with- 
in its limits any city of the third class, the county board may employ a 
relief agent to assist any member of the board whose district is composed 
solely of a city of the third class, in the performance of the duties of 
such board member, prescribed by sections 262.06 and 262.07. 
(262.09) 
DUTIES; REPORTS; TERM, In the performance of such 
duties any relief agent so employed shall receive such compensation as 
shall be fixed from time to time by the county board. He shall act under 
the general supervision and direction of the member of whose district 
he shall be assigned by the county board, subject to such regulations 
and orders as it shall adopt. He shall make his report in writing to the 
member whom he is employed to assist. 
The term of employment of the relief agent authorized by section 
262.08 shall be fixed by the county board. 
(262.10) 
CONVEYANCE OF POOR PERSONS. When an order is made 
directing an overseer to receive any poor person who is unable to travel 
without conveyance at public expense the county board, or member 
thereof making the same, may in writing direct the sheriff or any near- 
by constable to convey him to the place provided; and such officer shall 
receive from the county reasonable compensation therefor. 
(262.11) 
SETTLEMENT IN ANOTHER COUNTY. When applica- 
tion for support or relief is made by a person whose settlement is in 
another county, or in a town, city, or village of another county, the 
county board applied to, or its chairman, shall warn him to depart from 
its county; and, if he is unable or refuses to do so within a reasonable 
time, and is likely to become a public charge, the chairman may issue an 
order, under his hand and the seal of the county board, to the sheriff 
or any constable of the county, requiring him to convey such person 
to the place of his settlement. If he be so sick, infirm, or otherwise 100 
RELIEF OF THE POOR 
disabled as to render it unsafe or inhuman to remove him, and is in im- 
mediate need of support or relief, provision therefor shall be made in 
the manner prescribed in sections 262.06, 262.07, and 262.10. All proper 
expenses incurred by such county in making such removal or in furnish- 
ing such support or relief shall be paid by it and be a legal claim in its 
favor against the county, town, city, or village in which such person 
has a settlement. 
(262.12) 
COUNTY BOARD TO APPOINT PHYSICIAN. The coun- 
ty board shall appoint one or more practicing physicians to be physicians 
of the poor who shall hold office during the pleasure of the county board 
and receive such compensation as it may from time to time determine. 
If more than one be appointed, the order of appointment shall prescribe 
the district in which each shall act, and none shall be required to act 
outside of his district except in case of urgency. When directed by a 
member of the county board or by the overseer such physician shall at- 
tend upon and prescribe for any sick poor person in charge of the over- 
seer, and on written direction of a member of the county board shall 
attend upon and prescribe for any sick person who is entitled to receive 
support or relief from the county. If immediate treatment of any person 
who has been declared a county charge be required, any licensed phy- 
sician who may prescribe for or treat him before the arrival of the county 
physician shall be paid therefor. He shall at once notify the county phy- 
sician, who shall thereupon take charge of the case. Within 30 days 
thereafter he shall file with the county auditor a verified report showing 
the name and residence of the patient, the day and hour when called, 
the distance traveled in going to such place, the nature of the disease 
or injury, the service performed, the time when the county physician 
was notified and took charge, and the amount claimed as compensation. 
The county auditor shall present such report at the next meeting of the 
county board, which shall allow reasonable compensation. 
(262.13) 
MINORS, HOW PROVIDED FOR. When a minor becomes 
chargeable upon any county the county board shall secure his admission 
to the state public school or provide a home for him with some respect- 
able householder, if one can be found who will take him. 
(262.14) 
BURIAL AT EXPENSE OF COUNTY, When a person dies 
in any county, not leaving sufficient means to defray the necessary ex- 
penses of his burial, nor any relatives therein of sufficient ability to 
procure his burial, the county board shall cause a decent burial of his 
remains to be made at the expense of the county. 
(262.15) 
TAX FOR SUPPORT OF POOR. The county board shall levy 
a tax annually sufficient to defray the estimated expenses of supporting RELIEF OF THE POOR 
101 
and relieving the poor therein during the succeeding year, and to make 
up any deficiency in the fund raised for that purpose during the pre- 
ceding year. 
c— 
Town System of Poor Relief 
(263.01) 
TOWN BOARDS AND COUNCILS TO BE SUPERIN- 
TENDENTS; RELIEF. In counties having the town system, the town 
boards and city and village councils shall be superintendents of the poor. 
All applications for aid shall be made to such boards or councils, which 
shall grant such relief as they deem necessary, by paying for the board 
and care of the applicants, providing transportation to their homes, pay- 
ing rent, furnishing provisions, clothing, fuel, and medical attendance, 
and burying the dead. They shall pay no cash to any poor person and 
allow no bill for goods furnished or services rendered to him, unless a 
member of such board or council shall certify in writing that the account 
is correct and just; that the goods or services were necessary for his 
relief, were actually delivered or rendered, and were of good quality; 
and that the prices charged are reasonable. Every such bill shall specify 
the name of the person for whom the goods or services were furnished 
or rendered and the amount charged for each person. 
(263.02) 
LIMITATIONS APPLYING TO MEMBERS OF BOARD. 
No member of any town board or council shall be directly or indirectly 
interested in furnishing supplies for the benefit of poor persons or the 
erection or maintenance of any poorhouse or other place provided for 
the reception of the poor, and no such member shall be a physician for, 
or overseer of, the poor. Every person violating this section shall be guilty 
of a misdemeanor. 
(263.03) 
POWERS AND DUTIES OF BOARD. Each board and coun 
cil shall have the following powers and duties: 
(1) It may appoint a practicing physician to be physician of the 
poor, who shall hold office during its pleasure, and receive such com- 
pensation as it may from time to time determine. When directed by a 
member of the board or council, such physician shall attend upon and 
prescribe for any sick poor person entitled to support or relief from the 
town, city, or village; 
(2) When any person not having a legal settlement therein shall 
be taken sick, lame, or otherwise disabled, or for any other cause shall 
be in need of relief as a poor person and make application for relief 
to any such board or council of such municipality, its chairman, mayor, 
or president shall warn him to depart; and if he is unable or refuses 
to do so within a reasonable time and is likely to become a public charge, 102 
RELIEF OF THE POOR 
such chairman, mayor, or president may in writing require any constable 
or marshal of the town, city, or village to convey him to the place of 
his settlement, if he have a settlement in this state. If such person is so 
sick or infirm as to render it unsafe or inhuman to remove him and is 
in need of immediate support or relief, the board or council shall provide 
such assistance as it deems necessary and, if he dies, give him decent 
burial. The expense so incurred shall be paid by the town, city, or village, 
and shall thereupon become a charge against the county. Upon payment 
thereof, the county may recover the same from the county, town, city, 
or village of such person’s settlement, if he have any within this state. 
Within five days after such person becomes a public charge, the board 
or council shall notify the county auditor, and thereupon the county 
board may take him in charge, or relieve him in such manner as it may 
seem fit; 
(3) When any minor becomes a chargeable upon any town, city, 
or village for support, the board or council, or a member thereof, shall 
apply to the county board to secure his admission to the state public 
school, or secure him a home with some respectable householder, if one 
can be found who will take him ; 
(4) No poor person removed or departing from any political sub- 
division to the political subdivision wherein he has a legal poor settle- 
ment, as provided for in clause (2) hereof, shall return or be returned 
to the political subdivision from which he has been removed or departed 
for a period of at least 90 days after such removal or departure. Any 
person who shall voluntarily return and applies for support or relief 
within the 90-day period, and any official of any county, city, or town 
who shall remove any poor person in violation of the order of any court 
of this state determining the poor person’s settlement shall be guilty of 
a misdemeanor. 
(263.04) 
POORHOUSE. The county board of any county having the town 
system may establish, maintain, and govern a county poorhouse in the 
same manner as in other counties. The cost thereof shall be paid by the 
county; but at its July meeting in each year the county board shall fix 
a weekly rate for each inmate, to be paid to the county by the town, 
city, or village from which he comes. The chairman of the town board 
or the president of the council may sign commitments to such poorhouse 
and designate some officer of his municipality to convey any poor person 
thereto; the expense thereof to be paid from the town, city, or village 
poor fund. The overseer of such poorhouse may discharge any inmate 
who in his judgment is capable of self-support or who is ordered dis- 
charged by the officer by whom he was committed; and when necessary 
he may furnish transportation to a discharged inmate at the expense of 
the county to the place from which he came. RELIEF OF THE POOR 
103 
(263.05) 
TAXES, HOW LEVIED. In counties having the town system, 
the voters of each town, at their annual meeting, and the council of each 
city and village, annually, shall levy upon the property taxable therein 
a tax in such amount as shall seem necessary for the support and relief 
of the poor. Such tax shall not be less than one mill upon each dollar 
of the assessed valuation, unless there be in the poor fund at least $50.00 
above the amount of orders outstanding. The clerk shall certify to the 
county auditor such levy, or the fact that no tax is necessary. If a tax 
be levied, the county auditor shall calculate the rate, and extend the 
same; and, if no certificate be made, he shall levy and extend a tax of 
one mill on the dollar upon the property taxable in the town, city, or 
village in default. The proceeds of each tax shall be paid to the treas- 
urers of the towns, cities, and villages. 
(263.06) 
ALLOWANCE TO TOWNS ON CHANGE FROM COUN- 
TY SYSTEM. The county board of any county which has changed 
from the county system to the town system may appropriate out of the 
poor fund such sum as it may deem advisable to reimburse any town, 
city, or village in its county for money expended or indebtedness in- 
curred for the care of the poor therein, if it shall have expended or 
incurred an indebtedness of not less than $300.00 for that purpose 
within the year preceding its application for such allowance. 
(263.07) 
COUNTY SYSTEM 'CHANGED TO TOWN SYSTEM. 
Subdivision 1. 80 per cent of tax paid to towns, villages, and 
cities. When the system for relief of the poor in any county is changed 
from the county system to the town system and there has been levied or 
assessed for the year in which such change occurs a tax for the poor fund 
of such county under such county system, 80 per cent of the moneys re- 
ceived by such county for such tax shall be paid over to the treasurers 
of the various towns, villages, and cities of the county in the manner 
hereinafter provided. 
Subdivision 2. Auditor, duties as to taxes, warrants. On the 
20th day of March, June, and November in such year, the auditor of 
the county shall compute the amount of taxes collected for such poor 
fund from the taxpayers of each town, village, or city in the county 
and which then remains in the treasury of such county and draw his 
warrant in favor of the treasurer of each of such towns, villages, and 
cities for 80 per cent of the amount received from such town, village, 
or city, and the same shall be forthwith paid by the treasurer of the 
county. 
Subdivision 3. Moneys to become poor fund. The moneys so 
paid to the treasurers of such towns, villages, and cities shall constitute 
the poor fund for such towns, villages, and cities for the year in which 104 
RELIEF OF THE POOR 
the change is made. 
(263.08) 
TRANSFER OF SURPLUS IN COUNTY POOR FUND, 
WHEN. When the system for relief of the poor in any county is chang- 
ed from the county system to the town system and there remains in the 
county poor fund a surplus which has been levied or assessed as a tax 
for the poor fund of the county under such county system for the years 
prior to the year in which such change occurred and which then remains 
in the treasury of the county, the auditor of the county shall compute 
the amount of taxes collected for such poor fund from the taxpayers of 
each town, village, or city in the county and draw a warrant for the 
pro rata amount received from such town, village, or city, and the same 
shall be forthwith paid by the treasurer of the county to the treasurers 
of the respective towns, villages, or cities of the county. 
The money so paid to the treasurers of such towns, villages, or 
cities shall become a part of the poor fund of such town, village, or 
city and used for no other purpose. t 
(263.09) 
COUNTIES TO PAY PORTION OF POOR EXPENSES 
UNDER TOWN SYSTEM. In all counties in this state wherein the 
poor are cared for under the town system, if the expense incurred by any 
town, village, or city of the third or fourth class, however organized, 
for the care of the poor therein in any calendar year exceeds an amount 
in excess of one mill on the taxable value of property in such town, 
village, or city of the third or fourth class for that year, then and in 
that event the chairman of such town board and the clerk thereof or 
president of the village council and recorder or the mayor of such city 
of the third or fourth class and the clerk thereof, as the case may be, 
shall certify to the county auditor a statement showing when, for what 
purpose, the amount, and to whom, expense was incurred by such town, 
village, or city of the third or fourth class in the care of each named 
pauper. The county auditor shall lay such statement before the county 
board at its meeting next following the receipt thereof. Of such annual 
expense 75 per cent of the amount in excess of one mill on the taxable 
value of property in such town, village, or city of the third or fourth 
class shall be a claim against the county; and, if such statement is deemed 
by the county board to be correct, the same, to the extent herein pre- 
scribed, shall be allowed and paid by the county to the treasurer of such 
town, village, or city of the third or fourth class who shall credit the 
sum so paid to the poor fund of the town, village, or city of the third 
or fourth class. 
Note: In the case of Village of Robbinsdale vs. County of Hennepin, 
199 Minn. 203; 271 NW 491, this section was held unconstitutional because it 
violated the uniform clause contained in Article 9, Section 1 of the Minnesota 
Constitution. However, the Attorney General in an opinion dated July 29, 1937, 
holds that sections 263.10, 263.11, 263.12, which follow have remedied the invalid RELIEF OF THE POOR 
105 
application of this section with respects to counties covered by it. 
(263.10) 
LIABILITY OF COUNTIES FOR CARE OF POOR BY 
TOWNS; TAX LEVY. Subdivision 1. Limitation. In all counties 
of this state wherein the poor are cared for under the town system, if 
the expense incurred by any town, village, or city, however organized, 
for the care of the poor therein in any calendar year exceeds an amount 
in excess of one mill of the taxable value of property in such town, 
village, or city for that year, the county in which the town, village, or 
city is situated, shall be liable for 75 per cent of the amount in excess 
of such one mill on the taxable value of property in such town, city, 
or village. 
Subdivision 2. Estimate. The county board, at its first meeting 
in January each year, shall estimate the amount which it deems necessary 
for such purpose and include in the tax levy a sufficient amount of taxes 
to pay the expense of such poor relief and same shall be extended 
against all property within the county. 
(263.11) 
MUNICIPAL AUTHORITIES TO CERTIFY LEVIES. In 
all towns, cities, and villages in counties wherein the poor are cared for 
under the town system, the chairman and clerk of the town, in case 
of towns, or the president and clerk of the village council, in case of 
villages, or the mayor and clerk of the city, in case of cities, as the 
case may be, shall certify to the county auditor a statement showing 
when, for what purpose, the amount, and to whom, expense was in- 
curred by such town, village, or city in the care of each named poor 
person. The county auditor shall lay such statement before the county 
board at its meeting next following the receipt thereof. If this state- 
ment is deemed by the county board to be correct, the amount so certified 
shall be a claim against the county to the extent of the liability of the 
county as stated in section 263.10 and allowed and paid by the county 
to the treasurer of such town, village, or city, who shall credit the sum 
so paid to the poor fund of the town, city, or village. 
(263.12) 
APPLICATION. Sections 263.10 and 263.11 shall not apply to 
any county in this state now or hereafter having a city of the first class 
in which city is located 90 per cent or more in value of the taxable 
property of the county. PART YII 
CHILD WELFARE INDEX 
Page No, 
A— 
Duties of Director in Behalf of Children 
257.175 Duties of Director in Behalf of Children; Executive Officers 115 
B— 
Custody of Children 
257.01 Placing Children Out; Records 115 
257.02 Surrender of Parental Rights 115 
257.03 Notification of Director of Social Welfare 115 
257.04 Visitation of Children 116 
257.05 Importation of Children 110 
257.06 Exportation of Children 117 
257.07 Written Agreement 117 
257.08 Supervision by Director of Social Welfare 117 
257.09 Prohibitions; Penalty ng 
257.10 Children’s Homes Defined; Application ng 
257.11 Licensed by Director of Social Welfare Hg 
257.12 Forms Prescribed by Director of Social Welfare 120 
257.13 Inspection 120 
257.14 Ascertaining of Legitimacy 121 
257.15 Disclosure prohibited 121 
257.16 Burden of Proof 121 
257.17 Violation a gross misdemeanor 121 
257.175 Duties of Director in Behalf of Children; Executive Of- 
ficers 121 
257.176 County Child Welfare Boards 122 
257.177 Traveling Expenses 122 
C— 
Illegitimate Children 
257.33 Duties of Director of Social Welfare 123 
257.18 Complaint, When Taken; Procedure; Warrant 123 
257.19 Complaint by Mother 123 
257.20 Action Entered; Proceedings on Return of Warrant 124 
257.21 Bond; May Plead Guilty; Commitment 124 
257.22 Continuance; Recognizance 125 
257.23 Trial; Preliminary Examination; Judgment of Paternity; 
Default; Duties of Division of Social Welfare; Bond 
for Support of Child 125 
257.24 Father to pay all expenses 126 
257.25 Application for Discharge from Imprisonment 126 
257.26 Hearing; Judgment 126 
257.27 Compromise by Board 127 257.28 Director of Social Welfare may make settlement 127 
257.29 Clerk to report name of adjudged father 127 
257.30 Physician may testify 127 
257.31 Records Private 127 
517.19 Illegitimate Children 128 
525.172 Illegitimate as Heir 128 
525.173 Heirs to Illegitimate 128 
64.06 Beneficiaries 128 
257.14 Ascertaining of Legitimacy 128 
Page No. 
D— 
Dependent, Neglected, and Delinquent Children 
257.32 Director of Social Welfare shall be legal guardian 129 
260.01 Dependent, Neglected, and Delinquent Child; Association 129 
260.02 Jurisdiction; District Court; Probate Court 130 
260.03 Judges of Juvenile Court 130 
260.04 Clerk to assign Deputy; Salaries 131 
260.05 Salary of Bailiff in Juvenile Court in Ramsey County 131 
260.06 Probate Court as Juvenile Court; Record; Appeal 132 
260.07 Who may file Petition; Requisites 132 
260.08 Setting Petition for Hearing; Summons; Service; Guard- 
ian Ad Litem; Warrant, Hearing; Custody of Child 133 
260.09 Probation Officers; Duties; Compensation 134 
260.10 Expert Assistance 135 
260.11 Commitment to Director or State Public School; Hospital 
and Medical Care; Consent of Parents; Continuance; 
Final Commitment, Notice 135 
260.12 Guardianship; Adoption 136 
260.13 Hearing; Continuance; Commitment by Court; Parole; 
Discharge 136 
260.14 County Home Schools 137 
260.15 Existing Home School continued 138 
260.16 Guardians for Delinquents in Probate Court 138 
260.17 Property of Child Used for Child’s Education 138 
260.18 Information with Commitment 138 
260.19 Evidence in Delinquency Cases Protected 138 
260.20 Religious Belief of Parents 139 
260.21 Criminal Proceedings 139 
260.22 Transfer of Cases 139 
260.23 Arrest; Warrants 140 
260.24 Privacy of Hearings and Records 140 
260.25 Support by Parents 140 
260.26 Unlawful Removal of Child 140 
260.27 Responsibility of Parents; Guardians; Penalty 140 260.28 Jurisdiction 141 
260.29 Expenses Payable by County 141 
260.30 Findings; Certification 141 
260.31 Certification of Rejection of Claim by County Auditor; De- 
termination by Director of Social Welfare 142 
260.32 Payment of Salaries 142 
260.33 Liberal Construction 142 
260.34 Laws not Affected 142 
260.35 Director to make tests, examinations 142 
260.36 May make special provisions in certain cases 143 
260.37 Guardianship to cease when minor reaches majority 143 
260.38 Necessary costs to be paid by County 143 
Page No- 
E— 
State Public School for Dependent Children 
247.01 State Public School; Location; Purpose; Temporary Emer- 
gency Use 144 
247.02 Commitments to School 144 
247.03 Director of Social Welfare to assume guardianship of 
child 144 
247.04 Adoption and Apprenticeship 145 
247.05 Discharge of Child 145 
247.06 Agents; Appointment; Duties 145 
247.07 Record of Inmates 145 
247.08 Homes for Children 146 
247.09 Visitatorial Powers 146 
247.10 Penalties 146 
F— 
State Hospital for Crippled Children 
250.01 Gillette State Hospital for Crippled Children; Establish- 
ment and Location 146 
250.02 Control and Management; Who Admitted 147 
250.03 Rules and Regulations 147 
G— 
Maternity Hospitals 
Introductory 147 
258.01 Person 148 
258.02 Maternity Hospital 148 
258.03 Licensed by Director of Social Welfare 148 
258.04 Placement of Children 149 
258.05 To Prescribe Forms 150 
258.06 Physician or Midwife to make report 150 
258.07 Inspection of Hospitals 150 258.08 Information as to Legitimacy of Child 151 
258.09 Disclosure of Contents 151 
258.10 Burden of Proof 151 
258.11 Violations; Penalties 151 
Page No 
H— 
Adoption; Change of Name 
259.01 Adoption; Petition and Consent 151 
259.02 Investigation; Probationary Residence 152 
259.03 Consent, When Necessary 152 
259.04 Hospital may consent to adoption 152 
259.05 Notice of Hearing 152 
259.06 Decree; Change of Name 153 
259.07 Status of Adopted Child 153 
259.08 Grounds for Annulment 153 
259.09 Records of Adoption; Limitation of Right to Inspect 153 
259.10 Change of Name; Procedure; Penalty 154 
259.11 Order; Filing Copies 154 
I— 
Trust Funds 
256.88 Social Welfare Fund established 154 
256.89 Fund deposited in State Treasury 154 
256.90 Social Welfare Fund; Use Disposition; Depositories 155 
256.91 Purposes 155 
256.92 Director of Social Welfare shall keep accounts 156 
J— 
Crimes By and Against Children 
610.08 Presumption of Responsibility 156 
617.01 Rape; Penalty 157 
617.02 Carnal Knowledge of Children 157 
617.03 Physical Ability of Offender 157 
617.04 Compelling Woman to Marry 157 
617.05 Abduction; Evidence; Penalty 158 
617.08 Indecent Assault 158 
617.09 Soliciting Boy Under 18 to House of Ill-Fame 158 
617.10 Admitting or Cohabiting 159 
617.13 Incest 159 
617.17 Absconding by Father to Evade Proceedings Establishing 
Paternity 159 
617.18 Abortion, How Punished 159 
617.19 Pregnant Woman Attempting Abortion 160 
617.20 Drugs to Produce Miscarriage 160 
617.21 Evidence 160 617.22 Concealing Birth; Second Offense 160 
617.49 Not to Admit Certain Persons 160 
617.55 Desertion of Child or Pregnant Wife 160 
617.56 Failure to Support Wife or Child 161 
617.57 Prosecution 161 
617.58 Proof of Relationship 161 
617.59 Endangering Life, Health, or Morals of Minors 162 
617.60 Keepers of public places to exclude Minors 162 
617.61 Minors; Gaming by Prohibited, Where; How Punished 162 
617.62 Restrictions on Minors in Places of Amusement 162 
617.63 Keepers of Public Places to exclude; Penalty 163 
617.64 Use of Tobacco by Minors 163 
617.65 Minors; Sale of Tobacco to 163 
617.66 Use of Tobacco in Public Place; Arrest; Penalty; Evidence 163 
617.67 Harboring 164 
617.68 Powers of Grand Jury 164 
617.69 Liquors in Schoolhouses or Grounds 164 
617.70 Sale of Liquor Within One Mile of Certain Institutions 164 
617.71 Sale of Liquor or Cigarettes Within 1,000 Feet of Certain 
Institutions 164 
617.715 Peddling and canvassing prohibited on school grounds; 
Penalty 165 
617.72 Distribution of Crime Literature among Minors 165 
617.73 Cruelty to Children 166 
617.74 Unlawful Confinement of Feeble-Minded Persons; Penalty 166 
617.75 Habitual Offenders in Certain Cases 166 
619.16 Killing of Unborn Child or Mother 167 
619.17 Manslaughter in First Degree; Penalty 167 
619.34 Kidnapping, How Punished 167 
Page No, CHILD WELFARE 
A— 
Duties of Director in Behalf of Children 
(257.175) 
DUTIES OF DIRECTOR IN BEHALF OF CHILDREN; 
EXECUTIVE OFFICERS. It shall be the duty of the director of 
social welfare to promote the enforcement of all laws for the protection 
of defective, Illegitimate, dependent, neglected, and delinquent children, 
to cooperate to this end with juvenile courts and all reputable child- 
helping and child-placing agencies of a public or private character, and 
to take the initiative in all matters involving the interests of such children 
where adequate provision therefor has not already been made. The 
director shall have authority to appoint and fix the salaries of a chief 
executive officer and such assistants as shall be deemed necessary to 
carry out the purposes of sections 257.32 to 257.38. 
B— 
Custody of Children 
(257.01) 
PLACING CHILDREN OUT; RECORDS. Every person per- 
mitted by law to receive, secure homes for, or otherwise care for children, 
shall keep a record containing the names, ages, and former residences 
of all children received; the names, former residences, occupations, and 
character, so far as known, of the parents; the dates of reception, plac- 
ing out, and adoption, together with the name, occupations, and resi- 
dences of the person with whom the child is placed; the date and cause 
of the cancelation of any contract of indenture; the date and cause of 
any removal to another home; the date and cause of termination of 
guardianship, and a brief history of each child until he shall have reached 
the age of 18 years, or shall have been legally adopted or discharged 
according to law. 
(257.02) 
SURRENDER OF PARENTAL RIGHTS. No person other 
than the parents or relatives may assume the permanent care and custody 
of a child under 14 years of age unless authorized so to do by an order 
or decree of court. Except in proceedings for adoption, no parent may 
assign or otherwise transfer to another his rights or duties with respect 
to the permanent care and custody of his child under 14 years of age. 
Any such transfer shall be void. 
(257.03) 
NOTIFICATION OF DIRECTOR OF SOCIAL WEL- 
FARE. When any person shall place a child in a private home, not 
licensed as an infants’ home, for the purpose of providing the child with 
a permanent home, the person responsible for the placing of the child 
shall immediately notify the director of social welfare, giving the name 116 
CHILD WELFARE 
and address of the child, the name of the person with whom the child 
has been placed, with such other information regarding the child and 
his foster home as may be required by the director of social welfare. 
This section shall not apply to any private child welfare agency approved 
by the director of social welfare to select persons to care for children 
as provided in section 257.10. 
(257.04) 
VISITATION OF CHILDREN. Upon the receipt of the notice 
provided for in section 257.03, or at any time thereafter, the director 
of social welfare may cause the child and the home in which the child 
has been placed to be visited by his agents and such investigation to be 
made as shall satisfy the director of social welfare that the home is a 
suitable one for the child. The director of social welfare may continue 
to visit and supervise the case of such child the same as though the child 
were placed out by the state public school. When satisfied that a child 
has been placed in an unsuitable home, the director of social welfare 
may order its transfer. If the order is not obeyed within 30 days, or 
such shorter time as may be named in the order, the director of social 
welfare shall take charge of and provide for such child. 
(257.05) 
IMPORTATION OF CHILDREN. No person shall bring or 
send into the state any child for the purpose of placing him out or pro- 
curing his adoption without first obtaining the consent of the director 
of social welfare, and such person shall conform to the rules of the 
director of social welfare. He shall file with the director of social wel- 
fare a bond to the state, approved by the director of public institutions, 
in the penal sum of $1,000, conditioned that he will not send or bring 
into the state any child who is incorrigible or unsound of mind or body; 
that he will remove any such child who becomes a public charge or who, 
in the opinion the the director of social welfare, becomes a menace to 
the community prior to his adoption or becoming of legal age; that he 
will place the child under a written contract approved by the director 
of social welfare that the person with whom the child is placed shall 
be responsible for his proper care and training. Before any child shall 
be brought or sent into the state for the purpose of placing him in a 
foster home; the person so bringing or sending such child shall first 
notify the director of social welfare of his intention, and shall obtain 
from the director of social welfare a certificate stating that such home 
is, in the opinion of the director of social welfare, a suitable home for the 
child. Such notification shall state the name, age, and personal descrip- 
tion of the child, and the name and address of the person with whom 
the child is to be placed, and such other information as may be required 
by the director of social welfare. The person bringing or sending the 
child into the state shall report at least once each year, and at such other 
times as the director of social welfare shall direct, as to the location and CHILD WELFARE 
117 
well-being of the child so long as he shall remain within the state and 
until he shall have reached the age of 18 or shall have been legally adopt- 
ed. Nothing herein shall be deemed to prohibit a resident of this state 
from bringing into the state a child for adoption into his own family. 
(257.06) 
EXPORTATION OF CHILDREN. Before any child is taken 
or sent out of the state for the purpose of placing him in a foster home, 
otherwise than by a parent or guardian, the person so taking or sending 
him shall give the director of social welfare such notice and information 
as is specified in section 257.05, and thereafter report to the director of 
social welfare at least once each year and at such other times as the 
director of social welfare may direct as to the location and well-being 
of such child until he shall have reached the age of 18 years or been 
legally adopted. It shall be the duty of the director of social welfare 
to carry out the provisions of this section. 
(257.07) 
WRITTEN AGREEMENT. Every person placing a child in a 
foster home shall enter into a written agreement with the person taking 
the child, which agreement shall provide that the person placing the 
child shall have access at all reasonable times, to such child and to the 
home in which he is living, and for the return of the child by the person 
taking him when, in the opinion of the person placing such child or in 
the opinion of the director of social welfare, the best interests of the 
child shall require it. The provisions of this section shall not apply to 
children who have been legally adopted. 
(257.08) 
SUPERVISION BY DIRECTOR OF SOCIAL WELFARE. 
It shall be the duty of the director of social welfare to pass annually on 
the fitness of every agency, public, semi-public, or private, which engages 
in the business, for gain or otherwise, of receiving and caring for children 
or placing them in private homes. Annually, at such time as the board 
shall direct, every such agency shall make a report showing its condition, 
management, and competency to care adequately for such children as are 
or may be committed thereto or received thereby, the system of visitation 
employed for children placed in private homes, and such other facts as 
the director may require. When the director is satisfied that such agency 
is competent and has adequate facilities to care for such children and 
that the requirements of the statutes covering the management of such 
agencies are being complied with he shall issue to the same a certificate 
to that effect which shall continue in force for one year unless sooner 
revoked by him. A list of such certified agencies shall be sent by the 
director at least annually to all juvenile courts and to ail the agencies 
so approved. No agency which has not received such a certificate within 
the 15 months next preceding, and which certificate remains unrevoked, 
shall receive a child for care or placing out, place a child in another 118 
CHILD WELFARE 
home, or solicit money in behalf of such agency. All such agencies shall 
be supject to the same visitation, inspection, and supervision by the 
director as are the public charitable institutions of this state. For the 
purpose of this section the term agency means any individual, association, 
or corporation. 
(257.09) 
PROHIBITIONS; PENALTY. Every person who violates any 
of the provisions of sections 257.01 to 257.09, or who shall intentionally 
make any false statements or reports to the director of social welfare 
with reference to the matters contained therein, shall, upon conviction 
of the first offense, be guilty of a misdemeanor. A second or subsequent 
offense shall be a gross misdemeanor. 
(257.10) 
CHILDREN’S HOMES DEFINED; APPLICATION. Any 
person who receives for care or treatment or has in his custody at any 
time one or more infants under the age of 14 years, unattended by a 
parent or guardian, for the purpose of providing such child or children 
with food, care, or lodging, except infants related to him by blood or 
marriage, shall be deemed to maintain an infants’ home; where used 
in sections 257.10 to 257.17 the term “infants’ home” includes day care 
facilities. 
The word “person” where used in sections 257.10 to 257.17 in- 
cludes individuals and partnerships; the word “person” further includes 
voluntary associations and corporations, whether public or private, and 
all political subdivisions of the state and departments, boards, and agen- 
cies thereof; provided, that sections 257.10 to 257.17 shall not be con- 
strued to relate to any institution or institutions under the management 
of the director of social welfare or the director of public institutions or 
their officers or agents, nor to any person who furnishes care to children 
from not more than one family for a period of less than 30 days. 
Sections 257.10 to 257.17 shall not apply to any person who re- 
ceives for care, only children in the care or custody of a private child 
welfare agency, if such agency is approved by the director of social wel- 
fare to select persons to care for such children. The director of social 
welfare is hereby empowered to grant such approvals to such private 
welfare agencies as in his judgment will select only persons to care for 
such children who would otherwise be eligible to receive and hold a 
license under sections 257.10 to 257.17, and upon his own motion or 
after investigations occasioned by complaint of any citizen to the director 
he may revoke such approvals when he believes such revocation to be 
for the public good. 
(257.11) 
LICENSED BY DIRECTOR OF SOCIAL WELFARE. The 
director of social welfare is hereby empowered to grant a license for one 
year for the conduct of any infants’ home that is for the public good, CHILD WELFARE 
119 
and is conducted by a reputable and responsible person. It shall be the 
duty of the director to provide such general regulations and rules for 
the conduct of all such homes as shall be necessary to effect the purposes 
of all laws of the state relating to children, so far as the same are ap- 
plicable, and to safeguard the well-being of all infants born therein and 
the health, morality, and best interests of the patients who are inmates 
thereof. No person shall receive an infant for care in any such infants’ 
home without first obtaining from the director a license to conduct such 
infants’ home. No such license shall be issued unless the premises are in 
a fit sanitary condition. The license shall state the name of the licensee, 
the particular premises in which the business may be carried on, and 
the number of infants that may be properly boarded or cared for therein 
at any one time. Such license shall be kept posted in a conspicuous place 
on the licensed premises. No greater number of infants shall be kept 
at any one time on the premises than is authorized by the license and no 
infant shall be kept in a building or place not designated in the license. 
A record of the licenses so issued shall be kept by the director of social 
welfare, who shall forthwith give notice to the state board of health 
and to the local board of health of the city, village, or town in which the 
licensee resides of the granting of such license and the conditions thereof. 
The license shall be valid for one year from the date of issue. The direc- 
tor may, after due notice and hearing, revoke the license if any provision 
of sections 257.10 to 257.17 is violated; or when in his opinion such 
infants’ home is maintained without due regard to sanitation and hygiene 
or to the health, comfort, morality, or well-being of the inmates thereof, 
or in case of the violation of any law of the state, in a manner disclosing 
moral turpitude or unfitness to maintain such hospital, or upon evidence 
that any such hospital is conducted by a person of ill repute or bad moral 
character. Written charges against the licensee shall be served upon him 
at least three days before hearing shall be had thereon and a written copy 
of the findings and decision of the director upon hearing shall be served 
upon the licensee in the manner prescribed for the service of a summons 
in civil actions. 
Any licensee feeling himself aggrieved by any decision of the director 
may appeal to the district court by filing with the clerk thereof in the 
county where his hospital is situated within ten days after written notice 
of such decision, a written notice of appeal specifying the grounds upon 
which the appeal is made. 
The appeal may be brought on for hearing in a summary manner 
by an order to show cause why the decision of the director should not 
be confirmed, amended or set aside. The written notices and decisions 
shall be treated as the pleadings in the case and may be amended in the 
discretion of the court. The issues shall be tried anew by the court and 
findings shall be made upon the issues tried. 
Either party may appeal to the supreme court from the determina- 120 
CHILD WELFARE 
tion of the district court within five days after notice of filing the de- 
cision, in the manner provided for appeals in civil action. 
No revocation of license shall become effective until any appeal 
made shall have been determined. 
In case of revocation the director shall make an appropriate nota- 
tion upon the records of the granting of such license and give written 
notice of the revocation of the license to the licensee by serving a copy 
of the order of revocation upon the licensee in the manner provided by 
law for the service of a summons in a civil action. Upon such revocation 
the director shall forthwith notify the state board of health and the 
local board of health of the city, town, or village in which the infants’ 
home is situated. 
(257.12) 
FORMS PRESCRIBED BY DIRECTOR OF SOCIAL WEL- 
FARE. The director of social welfare may prescribe forms for the regis- 
tration and record of infants cared for in such home and the licensee 
shall be entitled to receive gratuitously from the director of social wel- 
fare a book of forms for such registration and record. Each book shall 
contain a printed copy of sections 257.10 to 257.17. The licensee of an 
infants’ home shall keep a record in a form to be prescribed by the direc- 
tor of social welfare, wherein shall be entered the name and age of each 
child received or cared for in such home, together with the names and 
addresses of the parents and the name and address of the person bringing 
the child to the home; the name of any physician attending any sick 
infant in the home; the name and age of each infant who is given out, 
adopted, or taken away to or by any person, together with the name and 
residence of the person so adopting or taking such infant; and such 
other information as the director of social welfare shall prescribe. The 
licensee, immediately after the death in an infants’ home of an infant, 
shall cause notice thereof to be given to the local board of health of the 
city, village, or town in which such home is located. 
(257.13) 
INSPECTION. The authorized agents of the director of public 
institutions, the officers and authorized agents of the state board of 
health and the local board of health of the several cities, villages, and 
towns of the state in which a licensed infants’ home is located may inspect 
such home at any time and examine every part thereof. The agents of the 
director of social welfare may call for and examine the records which 
are required to be kept by the provisions of sections 257.10 to 257.17 
and inquire into all matters concerning such home and the infants there- 
in ; and the agents of the director of social welfare shall visit and in- 
spect such homes at least once in every six months and make, and the 
director of social welfare shall preserve, reports of the conditions found 
therein. The licensee shall give all reasonable information to such in- 
spectors and afford them every reasonable facility of viewing the prem- CHILD WELFARE 
121 
ises and seeing the inmates. 
(257.14) 
ASCERTAINING OF LEGITIMACY. When an infant is 
received for care in an infants’ home, the licensee of such home shall use 
due diligence to ascertain whether such child is legitimate; and, in case 
there is any reason to believe that such infant is an illegitimate child, 
then and in such case such licensee shall notify the director of social 
welfare thereof and furnish the director of social welfare with such in- 
formation bearing on such question as may have come to the knowledge 
of the licensee or any officer or agent of any such home. 
(257.15) 
DISCLOSURE PROHIBITED. No authorized agent of the 
director of social welfare, no officer or authorized agent of the state 
board of health or the local boards of health of the city, village, or town 
where such licensed home is located, or the licensee of such a home, or 
any of its agents, or any other person, shall directly or indirectly dis- 
close the contents of the records herein provided for, or the particulars 
entered therein, or facts learned about such homes or the inmates thereof 
except upon inquiry before a court of law, at a coroner’s inquest, or be- 
fore some other tribunal, or for the information of the director of social 
welfare, state board of health, or the local board of the village, city, or 
town in which the home is located. Nothing herein shall prohibit the 
director of social welfare disclosing such facts to such proper persons as 
may be in the interest of any child maintained in the home with the 
consent of the mother of the child. 
(257.16) 
BURDEN OF PROOF. In a prosecution under the provisions 
of sections 257.10 to 257.17, or any penal law relating thereto, a de- 
fendant who relies for defense upon the relationship of any infant to him- 
self shall have the burden of proof as to such relationship. 
(257.17) 
VIOLATION A GROSS MISDEMEANOR. Every person who 
violates any of the provisions of sections 257.10 to 257.16 shall, upon 
conviction of the first offense, be guilty of a misdemeanor. The second 
or subsequent offense shall be a gross misdemeanor. 
DUTIES OF DIRECTOR IN BEHALF OF CHILDREN; 
EXECUTIVE OFFICERS. It shall be the duty of the director of 
social welfare to promote the enforcement of all laws for the protection 
of defective, illegitimate, dependent, neglected, and delinquent children, 
to cooperate to this end with juvenile courts and all reputable child- 
helping and child-placing agencies of a public or private character, and 
to take the initiative in all matters involving the interests of such children 
where adequate provision therefor has not already been made. The direc- 
tor shall have authority to appoint and fix the salaries of a chief execu- 
(257.175) 122 
CHILD WELFARE 
tive officer and such assistants as shall be deemed necessary to carry out 
the purposes of sections 257.32 to 257.38. 
(257.176) 
COUNTY CHILD WELFARE BOARDS. Subdivision 1. 
Appointment of agents. The director of social welfare may when 
requested so to do by the county board appoint in each county three 
persons resident therein, at least two of whom shall be women, who shall 
serve without compensation and hold office during his pleasure, and who, 
together with a member to be designated by the county board from its 
own number and the county superintendent of schools, shall constitute 
a child welfare board for the county, which shall select its own chair- 
man ; provided, that in any county containing a city of the first class 
five members shall be appointed by the director. The child welfare board 
shall perform such duties as may be required of it by the director in 
furtherance of the provisions of sections 257.32, 257.33, 257.176 and 
257.177; and may appoint a secretary and all necessary assistants, who 
shall receive from the county such salaries as may be fixed by the child 
welfare board with the approval of the county board. Persons thus ap- 
pointed shall be the executive agents of the child welfare board. 
Subd. 2. Agents where no child welfare board. In counties 
where no child welfare board exists, the judge of the juvenile court may 
appoint a local agent to cooperate with the director of social welfare 
in furtherance of the purposes of sections 257.32, 257.33, 257.176 and 
257.177, who shall receive from the county such salary as may be fixed 
by the judge with the approval of the county board. 
Subd. 3. Additional duties of agents. Agents appointed pursuant 
to subdivisions 1 and 2 may, when so directed by the county board, per- 
form the duties of probation and school attendance officers and aid in 
the investigation and supervision of county allowances to mothers. 
Note: Functions of county welfare boards are now handled by county 
welfare boards. 
(257.177) 
TRAVELING EXPENSES. The traveling and other necessary 
expense of the several members of the child welfare board, while acting 
officially as members of such board, shall be paid so far as approved by 
the county board out of the general revenue fund of the county in the 
same manner as other claims against the county. If a member or an ex- 
ecutive agent of the child welfare board uses his own automobile or 
other conveyance owned by him, he may be allowed reasonable compen- 
sation therefor at a rate of not more than seven cents per mile for each 
mile necessarily traveled in such automobile or other conveyance in the 
performance of his official duties. 
Note: Functions of county welfare boards are now handled by county 
welfare boards. CHILD WELFARE 
123 
C— 
Illegitimate Children 
(257.33) 
DUTIES OF DIRECTOR OF SOCIAL WELFARE. It shall 
be the duty of the director of social welfare when notified of a woman 
who is delivered of an illegitimate child, or pregnant with child likely 
to be illegitimate when born, to take care that the interests of the child 
are safeguarded, that appropriate steps are taken to establish his paterni- 
ty, and that there is secured for him the nearest possible approximation 
to the care, support, and education that he would be entitled to if born 
of lawful marriage. For the better accomplishment of these purposes 
the director of social welfare may initiate such legal or other action as 
is deemed necessary; may make such provision for the care, maintenance, 
and education of the child as the best interests of the child may from 
time to time require, and may offer his aid and protection in such ways 
as are found wise and expedient to the unmarried woman approaching 
motherhood. 
(257.18) 
COMPLAINT, WHEN TAKEN; PROCEDURE; WAR- 
RANT. Subdivision 1. Who may take. If a woman is delivered of 
an illegitimate child, or is pregnant with a child likely to be illegiti- 
mate when born, the county board of the county where she resides, or 
any member thereof, or the division of social welfare, or any person 
duly appointed to perform in the county any of the duties of the division 
of social wefare, relating to the welfare of children, may apply by com- 
plaint to a justice of the peace of the county, or to a municipal court, 
to inquire into the facts and circumstances of the case. Such complaint 
shall be filed and further proceedings had, either in the county where 
the mother resides or in the county of the residence of the alleged father 
of the child or in the county where the child may be found, if it is likely 
to become a public charge therein. 
Subdivision 2. Examination. Such justice or the judge of the 
municipal court may summon the woman to appear before him and may 
examine her on oath respecting the father of the child, the time when 
and the place where it was begotten, and any other facts he deems neces- 
sary for the discovery of the truth and thereupon shall issue his war- 
rant to apprehend the putative father. Thereafter the proceedings shall 
be the same as if the complaint had been made by such woman under the 
provisions of this chapter and with like effect and, in all cases, the com- 
plainant and the accused may require the attendance of such woman as 
a witness. 
(257.19) 
COMPLAINT BY MOTHER. On complaint being made to a 
justice of the peace or a municipal court by any woman who is delivered 
of an illegitimate child, or pregnant with a child which, if born alive, 124 
CHILD WELFARE 
might be illegitimate, accusing any person of being the father of such 
child, the justice or the clerk of the court shall take the complaint in 
writing under her oath and thereupon shall issue a warrant, directed 
to the sheriff or to any constable of the county, commanding him forth- 
with to bring such accused person before such, justice or court to answer 
such complaint; which warrant may be executed anywhere within the 
state. Such complaint shall be filed and further proceedings had either 
in the county where the woman resides or in the county where the al- 
leged father of the child resides or in the county where the child is 
found, if it is likely to become a public charge upon such county. It shall 
be the duty of the county attorney, if the complaint seems to be justi- 
fied, to prosecute such actions and he shall institute appropriate proceed- 
ings for the enforcement of orders of the court. The county attorney 
may, on the written request of the defendant, file such complaint in the 
district court accompanied by the written request and a waiver by the 
defendant of his right to a preliminary examination. The county attorney 
may then bring the defendant before the judge of the court at any time 
for the adjudication of the paternity of such child and the making of 
an order for its support. 
(257.20) 
ACTION ENTERED; PROCEEDINGS ON RETURN OF 
WARRANT. The justice shall enter an action in his docket, or the 
clerk of court in his register of actions, in which the state shall be plain- 
tiff and the accused defendant, and shall make such other entries as 
are required in criminal actions. On the return of the warrant with the 
accused, the justice or judge shall examine, under oath, the complain- 
ant, and such other witnesses as may be produced by the parties, respect- 
ing the complaint, and shall reduce such examination to writing. He may, 
at his discretion, and, at the request of either party, shall, exclude the 
general public from attendance at such examination. 
(257.21) 
BOND; MAY PLEAD GUILTY; COMMITMENT. If there 
is probable cause to believe the defendant guilty as charged in the com- 
plaint, the justice or judge shall require him to enter into a recognizance, 
with approved sureties, in the sum of not less than $300, nor more than 
$1,000, to appear before the district court of the proper county at the 
next term thereof, or, if the court is then sitting in the county, at a 
date fixed by the justice or judge and answer the complaint and abide 
the order of the court thereon. If he fails to give such recognizance, the 
justice or judge shall commit him to the county jail, there to be held 
to answer such complaint at the next term of such court, or at the date 
so fixed; provided, that the accused may appear before the court at any 
time and enter a plea of guilty to the complaint. Thereupon the justice 
or judge shall certify the examination and return the same and all process 
and papers in the case to the clerk of such court. CHILD WELFARE 
125 
(257.22) 
CONTINUANCE; RECOGNIZANCE. At the next term of 
the court, or at the date fixed by the justice or judge, if the complainant 
has not been delivered or is not able to attend, or for any other sufficient 
reason, the court may continue the cause, and such continuance shall 
renew the recognizance, which shall remain in force until final judg- 
ment. If the sureties shall at any term of court surrender the defendant 
and ask to be discharged, or if the court shall at any time deem it proper, 
it may order a new recognizance to be taken, and commit the defendant 
until it is given. 
(257.23) 
TRIAL; PRELIMINARY EXAMINATION; JUDGMENT 
OF PATERNITY; DEFAULT; DUTIES OF DIVISION OF 
SOCIAL WELFARE; BOND FOR SUPPORT OF CHILD. Up- 
on the trial in district court the judge may at his discretion exclude the 
general public from attending at such trial and shall do so at the request 
of either party. The examination taken before the justice or judges of 
the municipal court shall in all cases be read to the jury when demanded 
by the defendant. If he is found guilty, or admits the truth of the ac- 
cusation, he shall be adjudged to be the father of such child and thence- 
forth shall be subject to all the obligations for the care, maintenance 
and education of such child, and to all the penalties for failure to per- 
form the same, which are or shall be imposed by law upon the father 
of a legitimate child of like age and capacity. Judgment shall also be 
entered against him for all expenses incurred by the county for the 
lying-in and support of and attendance upon the mother during her 
sickness, and for the care and support of such child prior to said judg- 
ment of paternity, the amount of which expenses, if any, shall also be 
found by the judge, together with costs of prosecution. If the defendant 
fails to pay the amount of such money judgment forthwith, or during 
such stay of execution as may be granted by the court, he shall be com- 
mitted to the county jail, there to remain until he pays the same or is 
discharged according to law. No stay shall be granted unless the de- 
fendant shall give a bond to the county, in such sum and with such 
sureties as shall be approved by the court for the payment of such money 
judgment on or before the expiration of such stay. Upon due notice to 
the county welfare board or the director of social welfare and the duly 
appointed guardian, if any, the judge of the district court before whom 
the proceedings are pending shall make and enter an order, directing 
and requiring the father of such child to pay to the county welfare board, 
or the director of social welfare such sum of money or its equivalent, 
as may be proper and adequate for the care, maintenance, and education 
of such child; or such order may provide for the payment, in the man- 
ner heretofore provided, of a specific sum each month, or at other 
stated intervals, for the purpose hereinbefore specified. The court shall 
further fix the amount, and order the defendant to pay all expenses 126 
CHILD WELFARE 
necessarily incurred by, or in behalf of, the mother of such child, in con- 
nection with her confinement and the care and maintenance of the child 
prior to judgment. If the defendant fails to comply with any order of 
the court, hereinbefore provided for, he may be summarily dealt with as 
for contempt of court, and shall likewise be subject to all the penalties 
for failure to care for and support such child, which are or shall be im- 
posed by law upon the father of a legitimate child of like age and capa- 
city, and in case of such failure to abide any order of the court, the de- 
fendant shall be fully liable for the support of such child without ref- 
erence to such order. 
(257.24) 
FATHER TO PAY ALL EXPENSES. In the event of judg- 
ment of paternity, as provided in section 257.23, the mother shall be 
entitled to recover of the father in a civil action all expense necessarily 
incurred by her in connection with her confinement, including her suit- 
able maintenance for not more than eight weeks next prior thereto and 
not more than eight weeks thereafter, and for the burial of the child, if 
the same shall have been still-born or shall have died after birth, and all 
necessary expenses and doctors’ bills in connection with her and the 
child’s sickness. The provisions of this section shall apply only to such 
expense, or portion thereof, as is not otherwise provided for by order of 
the court. 
(257.25) 
APPLICATION FOR DISCHARGE FROM IMPRISON- 
MENT. Any person who has been imprisoned for 90 days for failure 
to pay any such money judgment for expenses incurred by the county 
may apply to the court by petition setting forth his inability to pay the 
same and praying to be discharged from imprisonment, and shall attach 
to the petition a verified statement of all his property, money, and ef- 
fects, whether exempt from execution or otherwise. Thereupon the 
court shall appoint a time and place for hearing the application, of which 
the petitioner shall give at least ten days’ notice to the county attorney. 
(257.26) 
HEARING; JUDGMENT. At the hearing the defendant shall 
be examined on oath in reference to the facts set forth in the petition 
and his ability to pay the money judgment, and any other legal evidence 
in reference to such matters may be produced by any of the parties in- 
terested. If it appears that the defendant is unable to pay the judgment, 
the court may direct his discharge from custody, upon his making affi- 
davit that he has not in his own name any property, real or personal, 
and has no such property conveyed or concealed or in any manner dis- 
posed of with design to secure the same to his own use or to avoid in 
any manner payment of the judgment. The court, as a condition of such 
discharge, may require the defendant to pay the judgment in monthly 
or other instalments, as the earning capacity of the defendant may justi- CHILD WELFARE 
127 
fy. If upon the hearing it appears that the defendant has property, but 
not sufficient to pay the judgment, the court may make such order con- 
cerning the same in connection with the discharge as justice may require. 
The defendant’s discharge shall not affect the right of the county to 
collect upon execution any portion of the judgment remaining at any 
time unsatisfied, subject to all the provisions of law relating to judg- 
ments for the payment of money; or the right of the court to recommit 
the defendant if at any time it shall appear to the court that the de- 
fendant is possessed of means to pay the judgment but will not do so. 
(257.27) 
COMPROMISE BY BOARD. The county board, either before 
or after judgment, may make such compromise and settlement with the 
putative father of any illegitimate child as it deems equitable and just 
for expenses incurred by the county for which judgment may be or shall 
have been entered pursuant to section 257.23. 
(257.28) 
DIRECTOR OF SOCIAL WELFARE MAY MAKE SET- 
TLEMENT. The director of social welfare shall have authority to ac- 
cept from the acknowledged or adjudicated father of the child such sum 
as shall be approved by the court having jurisdiction of proceedings to 
establish the paternity of the child in full settlement of all obligations 
for the care, maintenance, and education of such child and hold or dis- 
pose of the same as ordered by the court. Such settlement shall discharge 
the father of all further liability, civil and criminal, on account of such 
child, provided that such settlement shall not affect any liability of the 
father under section 257.24. 
(257.29) 
CLERK TO REPORT NAME OF ADJUDGED FATHER. 
Upon the entry of a judgment determining the paternity of an illegiti- 
mate child the clerk of the district court shall notify in writing the state 
registrar of vital statistics of the name of the person against whom judg- 
ment has been entered, together with such other facts disclosed by his 
records as may assist in identifying the record of the birth of the child 
as the same may appear in the office of the registrar. If the judgment 
shall thereafter be vacated, that fact shall be reported by the clerk in 
like manner. 
(257.30) 
PHYSICIAN MAY TESTIFY. In any proceeding under this 
chapter a licensed physician or surgeon may testify concerning the fact 
and probable date of inception of the pregnancy of his patient without 
her consent and shall so testify when duly called as a witness. 
(257.31) 
RECORDS PRIVATE. All records of court proceedings in cases 
of alleged illegitimacy after the final determination thereof shall be 
withheld from inspection by any person other than by written request 128 
CHILD WELFARE 
of the state department of public welfare or of a county welfare board, 
except upon order of the court. 
(517.19) 
ILLEGITIMATE CHILDREN. Illegitimate children shall be- 
come legitimatized by the subsequent marriage of their parents to each 
other, and the issue of marriages declared null in law shall nevertheless 
be legitimate. 
(525.172) 
ILLEGITIMATE AS HEIR. An illegitimate child shall inherit 
from his mother the same as if born in lawful wedlock, and also from 
the person who in writing and before a competent attesting witness shall 
have declared himself to be his father; but such child shall not inherit 
from the kindred of either parent by right of representation. 
(525.173) 
HEIRS TO ILLEGITIMATE. If any illegitimate child dies 
intestate and without spouse or issue who inherit under the law, his 
estate shall descend to his mother, or in case of her prior decease to her 
heirs other than such child. 
(64.06) 
BENEFICIARIES. The payment of death benefits shall be con- 
fined to the wife, husband, family, relatives by blood or marriage, in- 
cluding illegitimate children, parent or child by adoption, affianced hus- 
band or wife, a person dependent on the member or on whom the mem- 
ber is dependent, the member’s estate, a benevolent, educational, re- 
ligious, or charitable corporation, or to an incorporated institution for 
the support of the member; provided, that the member may at any time, 
by written instrument, authorize the society to provide and pay for the 
support, care, medical and surgical treatment, and funeral of such mem- 
ber and deduct the amount so paid, with legal interest, from the net re- 
serve to the credit of the member’s certificate or from the amount other- 
wise payable under the certificate to the beneficiary, or the member may, 
at any time, designate the society as beneficiary and, in such case, the 
society shall use this reserve or amount to the. extent necessary for the 
purposes aforesaid. Any society may limit the beneficiaries within the 
above classes. 
Members shall have the right to change their beneficiaries within 
the above limits by complying with the requirements in that behalf pre- 
scribed by the society. 
(257.14) 
ASCERTAINING OF LEGITIMACY. When an infant is re- 
ceived for care in an infants’ home, the licensee of such home shall use 
due diligence to ascertain whether such child is legitimate; and, in case 
there is any reason to believe that such infant is an illegitimate child, 
then and in such case such licensee shall notify the director of social 
welfare thereof and furnish the director of social welfare with such CHILD WELFARE 
129 
information bearing on such question as may have come to the knowledge 
of the licensee or any officer or agent of any such home. 
D— 
Dependent, Neglected, and Delinquent Children 
(257.32) 
DIRECTOR OF SOCIAL WELFARE SHALL BE LEGAL 
GUARDIAN. Subdivision 1, The director of social welfare shall have 
powers of legal guardianship over the persons of all children who may 
be committed by courts of competent jurisdiction to his care or to 
institutions under his management. After commitment to his guardian- 
ship, he may make such provision for, and disposition of, the child as 
necessity and the best interests of the child may from time to time re- 
quire.’ No child shall be placed in an institution maintained for the care 
of delinquents who has not been duly adjudged to be delinquent. The 
director shall not be authorized to consent to the adoption of a child 
who is committed to his guardianship on account of delinquency. 
Subd. 2. If existing buildings, grounds or other facilities provided 
by law, or which jnay be available, for the shelter and care of dependent 
and neglected children, who are under the guardianship of the director 
of social welfare, become inadequate, the director, with the approval of 
the commissioner of administration, may arrange according to law, by 
gift or by lease, not exceeding two years in duration, for the use of any 
available buildings, dwellings and grounds appurtenant thereto or suit- 
able for such purpose. 
(260.01) 
DEPENDENT, NEGLECTED, AND DELINQUENT 
CHILD; ASSOCIATION. For the purpose of sections 260.01 to 
260.34 the term “dependent child” means a child who is illegitimate; or 
whose parents, for good cause, desire to be relieved of his care and cus- 
tody; or who is without a parent or lawful guardian able to adequately 
provide for his support, training, and education, and is unable to main- 
tain himself by lawful employment, except such children as are herein 
defined as “neglected” or “delinquent.” The term “neglected child” 
means a child who is abandoned by both parents, or, if one parent is 
dead, by the survivor, or by his guardian; or who is found living with 
vicious or disreputable persons, or whose home, by reason of improvi- 
dence, neglect, cruelty, or depravity on the part of the parents, guardian, 
or other person in whose care he may be, is an unfit place for such child; 
or whose parents or guardian neglect and refuse, when able to do so, 
to provide medical, surgical, or other remedial care necessary for his 
health or well-being; or, when such child is so defective in mind as to 
require the custodial care and training of the state school for the feeble- 
minded, neglect and refuse to make application for his admission to the 
institution; or who, being under the age of 12 years, is found begging, 
peddling, or selling any articles or singing or playing any musical instru- 130 
CHILD WELFARE 
ment upon the street, or giving any public entertainment, or who accom- 
panies or is used in aid of any person so doing. The term “delinquent 
child” means a child who violates any law of this state or any city or vil- 
lage ordinance; or who is habitually truant or incorrigible; or who know- 
ingly associates with vicious or immoral persons; or who without just 
cause and without the consent of his parents, guardian, or other custodian 
absents himself from his home or place of abode, or who knowingly visits 
any place which exists, or where his presence is permitted, in violation 
of law; or who habitually uses obscene, profane, or indecent language; 
or who is guilty of lewd or immoral conduct involving another person. 
The word “association” means any corporation which includes in its 
purpose the care or disposition of children coming within the meaning 
of sections 260.01 to 260.34. 
(260.02) 
JURISDICTION; DISTRICT COURT; PROBATE 
COURT. The district court in counties now or hereafter having a popu- 
lation of more than 100,000 shall have original and exclusive jurisdiction 
of all cases coming within the terms of gections 260.01 to 260.34. In all 
trials in the district court under these sections, except as hereinafter 
provided, any person interested therein may demand a jury, or a judge 
of his own motion may order a jury to try the case. In counties now or 
hereafter having a population of not more than 100,000 the probate court 
shall have jurisdiction over the appointment of guardians of dependent, 
neglected, or delinquent children for the purpose of these sections. The 
jurisdiction of both the district and probate courts over cases of depend- 
ency, neglect, and delinquency arising thereunder shall extend to all 
persons resident or found within the territorial limits of the court, al- 
though the evidentiary facts showing such dependency, neglect, or de- 
linquency may have occurred outside such territorial limits. 
Sections 260.01 to 260.34 shall apply to children under the age of 
18 years, except as therein provided. 
When jurisdiction shall have been obtained by the court in the case 
of any child such child shall continue for the purposes of these sections 
under the jurisdiction of the court until he becomes 21 years of age un- 
less discharged prior thereto by the court. 
(260.03) 
JUDGES OF JUVENILE COURT. In counties having more 
than 45,000 inhabitants, except the fourth judicial district and the coun- 
ties in the seventh judicial district, the judges of the district court shall, 
at such times as they shall determine, designate one of their number 
whose duty it shall be to hear all cases arising under sections 260.01 to 
260.34, unless absent or disabled, in which case another judge shall be 
temporarily assigned for these purposes; and such designation shall be 
for the period of one year unless otherwise ordered. The judge of the 
juvenile court so designated shall devote his first service and all necessary CHILD WELFARE 
131 
time to the business of the juvenile court and this work shall have prece- 
dence over all his other court work. When deemed advisable the district 
judges may designate two judges for the purposes and subject to the 
provisions specified in this section. A special court room, to be designated 
as the juvenile court room, shall be provided for the hearing of such 
cases, and the findings of the court shall be entered in books to be kept 
for that purpose, and known as the “juvenile record,” and the court may 
for convenience be called the juvenile court of the appropriate county. 
The title of proceedings in the juvenile court, excepting prosecutions un- 
der sections 260.27 and 260.28, shall be substantially as follows: 
Juvenile Court, County of 
In the matter of as a 
dependent (or neglected or delinquent, as the case may be) child. 
(260.04) 
CLERK TO ASSIGN DEPUTY; SALARIES. The clerk of 
the district court shall assign a deputy, subject to the approval of the 
judge of the juvenile court, who shall have special charge of the duties 
to be performed by the clerk in connection with the juvenile court and 
whose duty it shall be to keep all books and records thereof, to issue sum- 
mons and process, to attend to correspondence in connection with the 
court, and in general to perform such duties in the administration of the 
business of the court, whether or not herein specifically enumerated, as 
the judge may direct. Such deputy may be specially appointed for the 
purposes specified herein, in addition to other deputies provided for by 
law. In counties where more than one judge of the juvenile court has 
been designated a deputy clerk may be assigned for each. In counties 
having not less than 150,000 population the salary of the deputy clerk 
assigned pursuant to this section shall be $1,800 per annum. When not 
engaged in the duties pertaining to the juvenile court the deputy shall 
do such work in the clerk’s office as the clerk may direct. When such 
deputy is absent the clerk or another deputy may perform the duties 
herein specified. The clerk may from time to time change the assignment 
of such deputy with the approval of .the judge. When no assignment of 
a deputy has been made pursuant to this section the clerk of the district 
court shall perform the duties herein specified. 
(260.05) 
SALARY OF BAILIFF IN JUVENILE COURT IN RAM- 
SEY COUNTY. In all counties of this state having or which hereafter 
shall have a population of not less than 220,000, and not more than 
330,000, a bailiff of the juvenile court may be appointed by the judge 
of the court. He shall serve four years unless removed by the judge for 
cause and shall be in attendance at all sessions of the court, make and 
serve all summons, writs, warrants, and processes issued out of the court 
and perform such other duties as may be directed by the judge. He shall 
have all the authority of a deputy sheriff and when his services are not 132 
CHILD WELFARE 
required by the juvenile court, he may, with the consent of the court, 
be called upon by the sheriff to serve as such deputy. In case of his ab- 
sence, the sheriff shall, upon request of the judge, assign a deputy 
to perform his duties. The bailiff shall receive a salary of $1,800 per 
annum, which sum shall include all expenses incurred by him in the per- 
formance of his duties within the county. 
(260.06) 
PROBATE COURT AS JUVENILE COURT; RECORD; 
APPEAL. In counties of not more than 100,000 population the judge 
of probate shall provide himself with a suitable book at the expense of 
the county in which he shall enter minutes of all proceedings of the 
court in each case; he need not record any evidence taken except as it 
shall seem to him proper and necessary and he shall record therein all 
orders, decrees, and judgments made by this court except non-appealable 
orders. The reasons for appointing a guardian shall be entered therein 
and any parent or the attorney for any child may appeal from the final 
disposition of the guardianship matter by complying with the law regu- 
lating appeals from probate courts. When acting under the provisions 
of sections 260.01 to 260.34 the probate court may for convenience be 
called the juvenile court of the appropriate county. 
A final order or commitment in any case of dependency, neglect or 
delinquency, shall be an appealable order which, on appeal, shall be 
treated and considered the same as an order appointing a general guard- 
ian, and shall be tried by a jury, unless a jury is waived by the appellant. 
On an appeal to the supreme court from a final order of commitment in 
district court such order shall be treated and considered the same as an 
order involving merits or a final order affecting a substantial right in 
a special proceeding. 
The parent or attorney for any child so committed may appeal 
from such order of commitment by complying with the laws regulating 
appeals from probate and district courts. 
Whenever it is necessary for a child to be present the district court 
may order that the child and an authorized attendant shall be present 
at a fixed time and place for the hearing on the appeal. 
(260.07) 
WHO MAY FILE PETITION; REQUISITES. Any reput- 
able person including any agent of the director of social welfare or the 
state industrial commission having knowledge of a child in this state 
who appears to be either dependent, neglected, or delinquent may file 
with the juvenile court in the county where the child is or in the county 
of its residence a verified petition setting forth the facts of the alleged 
dependency, neglect, or delinquency. The petition shall also set forth 
the name and residence of each parent, if known, and if both are dead 
or the residence unknown, then the name and residence of the legal 
guardian, or if there be none, or if his residence is unknown then the CHILD WELFARE 
133 
name and residence of some near relative, if there be one and his resi- 
dence is known. It shall be sufficient if the petition is on information 
and belief. 
(260.08) 
SETTING PETITION FOR HEARING; SUMMONS; 
SERVICE; GUARDIAN AD LITEM; WARRANT; HEARING; 
CUSTODY OF CHILD, Upon the presentation of the petition if it 
appears that a child may be dependent, neglected, or delinquent and that 
it is for the best interests of the child that the matter be heard in said 
county, the petition shall be filed and a date set for hearing thereon. 
A summons may be issued by the judge or clerk of the court requiring 
the person having custody or control of the child, or with whom the child 
may be, to appear with the child at a place and time stated in the sum- 
mons, which time shall be not less than 24 hours after service. Such 
place may be in the county-seat of the county, or in any other city or 
village in the county, at the discretion of the court. It shall be sufficient 
to confer jurisdiction if .service is made at any time before the day fixed 
in the summons for the return thereof; but in such case the court if so 
requested shall not proceed with the hearing earlier than the second day 
after the service. The summons shall be served as provided by law for 
the service of summons in civil actions, and may be served by a probation 
officer. The parents of the child, if living, and their residence is known, 
or its legal guardian, if one there be, or if there be neither parent nor 
guardian, or if his residence is not known, then some relative, if there 
be one and his residence is known, shall be notified of the preceedings, 
and in any case the judge may appoint some suitable person to act in 
behalf of the child. Except in counties containing a city of the first class 
if the petition presented is made by a person other than a representative 
of the division of social welfare or county welfare board, notice as pro- 
vided by the court shall be given to the county welfare board. Where 
the person to be notified, other than a member of the county welfare 
board or its staff, resides within the county, service of notice shall be 
the same as service of the summons, but in any other case service of notice 
shall be made in such manner as the court may direct. If the person 
summoned as herein provided shall fail without reasonable cause to ap- 
pear and abide the order of the court or bring the child, he may be 
proceeded against as in case of contempt of court. In case the sum- 
mons cannot be served or the party served fails to obey the same, and 
in any case when it shall be made to appear to the court that such sum- 
mons will be ineffectual, or that the welfare of the child requires that 
he shall be brought forthwith into the custody of the court, a warrant 
may be issued by the court, either against the parent or guardian or the 
person having custody of the child or with whom the child may be, or 
against the child himself. On the date set for the hearing and on the 
return of the summons if any has been issued or other process, or on 134 
CHILD WELFARE 
the appearance of the child with or without summons or other process 
in person before the court, and on the return of the service of notice, if 
there be any person to be notified, or a personal appearance or written 
consent to the proceedings of the person or persons, if any to be notified, 
or as soon thereafter as may be, the court shall proceed to hear the case, 
and may proceed in a summary manner. 
In all such proceedings in counties having less than 150,000 popu- 
lation the county attorney shall appear for the petitioner. The child shall 
have the right to appear and be represented by counsel and, if unable to 
provide counsel, the court may appoint counsel for him. The counsel 
shall receive from the general revenue fund of the county reasonable 
compensation for services upon the order of the court. 
In all such proceedings the county welfare board shall upon the re- 
quest of the judge of the juvenile court or the county attorney, cause 
an investigation to be made relative to the child and the child’s family. 
In all such proceedings, such child may be released into the custody of 
the parent, guardian, or custodian. 
(260.09) 
PROBATION OFFICERS; DUTIES; COMPENSATION. 
The court shall have authority to appoint one or more persons of 
good character to serve as probation officers during the pleasure of the 
court. Such probation officers shall act under the orders of the court in 
reference to any child committed to their care, and in the performance 
of their duties shall have the general powers of a peace officer; and it 
shall be their duty to make such investigations with regard to any child 
as may be required by the court before, during or after the trial or hear- 
ing, and to furnish to the court such information and assistance as may 
be required; to take charge of any child before, during or after trial or 
hearing when so directed by the court, and to keep such records and to 
make such reports to the court as the court may order. Probation officers 
heretofore or hereafter appointed under the provisions of sections 636.01 
to 636.06 shall be subject to the orders of the court in reference to all 
matters covered by the provisions of sections 260.01 to 260.34. In coun- 
ties of more than 100,000 population, a majority of the judges of the 
district court may direct the payment of such salary to probation officers 
as may be approved by the county board. In other counties probation 
officers shall receive the same fees as constables for similar services, in- 
cluding all travel, and in addition thereto such salary as may be fixed 
by the judge and approved by the county board. 
In all counties where regular probation officers are not provided 
by the county board, the county welfare board may on request of the 
judge of juvenile court provide a probation officer and provide funds 
and fix the salary therefor to direct and supervise any child placed on 
probation by the court. Two or more counties through their county 
boards may combine to provide a common probation officer for the CHILD WELFARE 
135 
several counties 
(260.10) 
EXPERT ASSISTANCE. In any county of more than 150,000 
population the court may establish a department of the juvenile probation 
system of such county for the physical and mental diagnosis of cases of 
children who are believed to be physically or mentally diseased or de- 
fective, and may appoint as special probation officers a competent nurse 
and a duly qualified physician, whose salaries shall be fixed by the judge 
with the approval of the county board. In any county under 150,000 
population when the juvenile court has obtained jurisdiction of a de- 
pendent, neglected, or delinquent child the court may require that a 
physical or mental examination, or both, be made of such child by a duly 
qualified physician or mental examiner. 
(260.11; 
COMMITMENT TO DIRECTOR OR STATE PUBLIC 
SCHOOL; HOSPITAL AND MEDICAL CARE; CONSENT 
OF PARENTS; CONTINUANCE; FINAL COMMITMENT, 
NOTICE. When any child shall be found to be dependent or neglected 
within the meaning of sections 260.01 to 260.34 the court may make an 
order committing the child to the care of the director of social welfare 
or of the state public school or some other suitable state institution, or 
to the care of some reputable citizens of good moral character, or to the 
care of some association willing to receive it, embracing in its objects 
the purpose of caring for or obtaining homes for dependent or neglected 
children, which association shall have been accredited as provided by 
law. In appropriate cases the child may be left with the parents subject 
to such remedial supervision as the court may direct. The court may con- 
tinue the hearing from time to time without making an order or final 
commitment, as above provided for, and may make an order placing the 
child in the temporary care or custody of the county welfare board or an 
association accredited as provided by law. The court may, when the 
health or condition of the child shall require it, authorize the county 
welfare board to provide special medical or remedial care or treatment 
for the child, including care in a public or private hospital, if necessary, 
at the expense of the county. In no case shall a dependent child be taken 
from its parents without their consent unless, after diligent effort has 
been made to avoid such separation, the same shall be found needful 
in order to prevent serious detriment to the welfare of such child. Be- 
fore making an order of final commitment to the director of social wel- 
fare or the state public school for dependent children at Owatonna, 
provided for by this section, the court shall consider such evidence, re- 
port, or recommendation as the county welfare board may make concern- 
ing the case. Upon making an order of commitment to the director of 
social welfare, the judge or clerk shall mail or deliver a copy thereof to 
the director of social welfare, and the child shall be delivered by order CHILD WELFARE 
136 
of the court to the county welfare board, as the representative of the 
director of social welfare, to be cared for as directed by the director of 
social welfare. If the child is committed to the guardianship of an as- 
sociation, accredited by law to receive children for care and place them 
in private homes, the child shall be transported at the expense of the 
county by order of the court to the place designated by such association 
for the care of the child. The parent or attorney for any such child com- 
mitted, may petition the juvenile court which made the commitment for 
the discharge of the child. 
(260.12) 
GUARDIANSHIP; ADOPTION. In any case where the court 
shall award a dependent or neglected child to the care of the director of 
social welfare, or of any association or individual in accordance with the 
provisions of sections 260.01 to 260.34, the child shall, unless otherwise 
ordered, become a ward, and be subject to the guardianship of the direc- 
tor of social welfare or of the association or individual to whose care 
he is committed; but such guardianship shall not include the guardian- 
ship of any estate of the child, except as provided in section 260.17. The 
director of social welfare, association, or individual shall have authority 
to place such child in a family home and may be made a party to any 
proceedings for the legal adoption of the child, and may, by his or its 
attorney or representative, appear in any court where such proceedings 
are pending and consent to such adoption. 
(260.13) 
HEARING; CONTINUANCE; COMMITMENT BY 
COURT; PAROLE; DISCHARGE. In the case of a deliquent child 
the court may continue the hearing from time to time and may place 
the child in the care or custody of a probation officer, and may allow the 
child to remain in his own home, subject to the visitation of the probation 
officer, such child to report to the probation officer as often as may be 
required, and subject to be returned to the court for further or other 
proceedings whenever such action may appear to be necessary; or the 
court may cause the child to be placed in a suitable family home, subject 
to the friendly supervision of a probation officer and the further order 
of the court; or it may authorize the child to be boarded out in some 
suitable family home, in case provision is made by voluntary contribution 
or otherwise for the payment of the board of such child, until suitable 
provision may be made for the child in a home without such payment. 
A child found delinquent may be committed by the court to the state 
training school for boys or the Minnesota home school for girls, or to 
any institution established by law or incorporated under the laws of this 
state that may care for delinquent children, or to any place provided by 
the town or county suitable to the care of such children. In appropriate 
cases the court may commit the child to the care and custody of some 
association that will receive it, embracing in its objects the care of neg- CHILD WELFARE 
137 
lected or dependent children. In no case shall a child be held under any 
such commitment beyond the age of 21 years. A child committed to such 
an institution or association shall be subject to the control of the board 
of managers thereof. 
Upon the court’s own motion or upon the petition of the director 
of institutions or upon the petition of a parent or the attorney for a child, 
the court after a hearing of which the director of institutions has been 
given ten days’ notice shall have the power to parole or discharge said 
child. 
Every child committed to the state training school for boys or the 
Minnesota home school for girls shall be subject to the guardianship of 
the director of social welfare and to all the laws and regulations relating 
to discipline in and parole and discharge from the schools. 
(260.14) 
COUNTY HOME SCHOOLS. In counties of over 33,000 popu- 
lation the county board shall have authority to purchase, lease, erect, 
equip, and maintain a county home school for boys and girls, or a sep- 
arate home school for boys and a separate home school for girls, and the 
same may, with the approval of the district court judges, be a separate 
institution, or it may be established and operated in connection with any 
other organized charitable or educational institution; but the plans, 
location, equipment, and operation of the county home school shall in all 
cases have the approval of the judges of the district court. There shall 
be a superintendent or matron, or both, appointed for such home, who 
shall be probation officers of the juvenile court, and shall be appointed 
and removed by the district judges. The salaries of the superintendent, 
matron, and other employees shall be fixed by the judges of the district 
court, subject to the approval of the county board. The juvenile court 
may place in the home school, for a period of not more than six months 
under any order, any child coming before the court, and any child who 
is placed in such home school may be released therefrom by order of the 
court at any time. A delinquent child may be committed during the pleas- 
ure of the court to any county home school, or any orphans’ home con- 
ducted by a charitable institution, where the inmates are taught the 
branches of study usually pursued in the public schools and where agri- 
culture, horticulture, gardening, or domestic science is studied or carried 
on by the inmates thereof; but in no case shall such child be detained 
beyond his majority. The county board of each county to which this 
section applies is hereby authorized, empowered, and required to provide 
the necessary funds to make all needful appropriations to carry out the 
provisions of this section. The board of education, commissioner of edu- 
cation, or other persons having charge of the public schools in any city 
of the first or second class in a county where a county home school is 
maintained pursuant to the provisions of this section shall have authority 
to furnish all necessary instructors, school books, and school supplies for 138 
CHILD WELFARE 
the boys and girls placed in any such home school. 
(260.15) 
EXISTING HOME SCHOOLS CONTINUED. All juvenile 
detention homes, farms, and industrial schools heretofore established 
under the provisions of Laws 1905, Chapter 285, section 5, as amended 
by Laws 1907, Chapter 172, and Laws 1911, Chapter 353, or Laws 
1913, Chapter 83, or Laws 1915, Chapter 228, are hereby declared to 
be county home schools within the meaning of sections 260.01 to 260.34 
and all the provisions of those sections relating to county home schools 
shall apply thereto. 
(260.16) 
GUARDIANS FOR DELINQUENTS IN PROBATE 
COURT. When any child is found delinquent in a probate court the 
court may appoint the director of social welfare to be the guardian of 
such child, or any institution or association incorporated under the laws 
of this state that may care for delinquent children and become their 
guardian, or any suitable city, county, or state institution. The provisions 
of section 260.13 relative to the control, parole, and discharge of de- 
linquent children committed by district courts shall apply to delinquent 
children placed under guardianship by probate courts. In all cases girls 
committed to the state home school for girls shall be accompanied to the 
school by a woman. 
(260.17) 
PROPERTY OF CHILD USED FOR CHILD’S EDUCA- 
TION. If any child placed under guardianship by a juvenile court pur- 
suant to the provisions of sections 260.01 to 260.34 has any property, 
the income thereof shall, unless more than is necessary, be applied to the 
education of such child; and upon cause shown to the court having juris- 
diction of the estate of such child the principal or any part thereof may 
be used for the same purpose. 
(260.18) 
INFORMATION WITH COMMITMENT. When a juvenile 
court shall commit a child to a state institution or to the guardianship 
of the director of social welfare there shall be delivered with the order 
of commitment a copy of the findings and order of the court relative to 
such child and a brief statement of such particulars of the case as the 
director of social welfare may require. 
(260.19) 
EVIDENCE IN DELINQUENCY CASES PROTECTED. 
Any disposition of a child dealt with for delinquency under sections 
260.01 to 260.34, or any evidence given in such cause, shall not in any 
civil, criminal, or other cause or proceeding in any court be lawful or 
proper evidence against such child for any purpose; provided, that noth- 
ing in this section shall be construed to relate to subsequent proceedings 
in a juvenile court. CHILD WELFARE 
139 
(260.20) 
RELIGIOUS BELIEF OF PARENTS. The court in commit- 
ting any child, or appointing a guardian for him under the provisions of 
sections 260.01 to 260.34, shall place him so far as it deems practicable 
in the care and custody of some individual holding the same religious 
belief as the parents of the child, or with some association which is con- 
trolled by persons of like religious faith with the parents. 
(260.21) 
CRIMINAL PROCEEDINGS. The adjudication of a juvenile 
court that a child is delinquent shall in no case be deemed a conviction of 
crime; but the court may in its discretion cause any alleged delinquent 
child of the age of 12 years or over to be proceeded against in accordance 
with the laws that may be in force governing the commission of and 
punishment for crimes and misdemeanors, or for the violation of mun- 
icipal ordinances, by an order directing the county attorney to institute 
such prosecution as may be appropriate. 
(260.22) 
TRANSFER OF CASES. Subdivision 1. Transfer from mu- 
nicipal or justice court. When any minor is arraigned upon a criminal 
charge before a judge of the municipal court or justice of the peace 
otherwise than upon an order transferring the case from a juvenile 
court the judge or justice shall inquire concerning the age of such minor 
and, if it satisfactorily appears that he is under the age of 18 years, the 
case shall forthwith be transferred to the juvenile court of the county. 
Such transfer shall be effected by filing with the judge or clerk of the 
juvenile court a certificate showing the name, age, and residence of the 
child, the names and addresses of his parents or guardian, if known, the 
specific charge upon which he has been arraigned, and the name and 
residence of the complainant. 
The certificate shall have the effect of a petition filed in the juven- 
ile court; but the judge of the court may in his discretion direct the 
filing of a new petition, which shall supersede such certificate. The judge 
of the municipal court or the justice shall have power to commit such 
child to appropriate custody, when deemed advisable, for a period of 
not more than one week and to fix reasonable bail, upon furnishing 
which the child shall be returned to the custody of his parents or guard- 
ian to respond to such proceedings as shall be had in the juvenile court. 
Subdivision 2. Transfer to another county. The judge in charge 
of the juvenile court in any county may transfer any case to another 
county when it appears that the child resides in such other county and the 
convenience of witnesses or the interest of such child will be best served 
by such transfer. Such transfer shall be made by forwarding to the clerk 
of the juvenile court of the county to which the case is transferred a 
certified copy of all papers filed, together with an order of transfer. 140 
CHILD WELFARE 
(260.23) 
ARREST; WARRANTS. Nothing in sections 260.01 to 260.34 
shall be construed to forbid the arrest of any person with or without 
warrant as is now or hereafter may be provided by law or to forbid the 
issue of warrants by magistrates as so provided. 
(260.24) 
PRIVACY OF HEARINGS AND RECORDS. Upon the trial 
or hearing of cases arising under sections 260.01 to 260.34 the court 
shall exclude the general public from the room wherein such trial or 
hearing is had, admitting only such persons as may have a direct interest 
in the case, witnesses, officers of the court and accredited persons in- 
terested in the study of social conditions. The records of all cases may 
be withheld from indiscriminate public inspection at the discretion of 
the court; but such records shall at all times be open to the inspection 
of any child to whom the same relates, and to his parents and guardian. 
For the purposes of this section the records of juvenile probation officers 
and county home schools shall be deemed records of the court. This sec- 
tion shall not be deemed to apply to prosecutions under sections 260.27 
and 260.28. 
(260.25) 
SUPPORT BY PARENTS. In any case in which the juvenile 
court of a county having a population of over 40,000, except those of the 
seventh judicial district, shall find a child dependent, neglected, or de- 
linquent, it may, in the same or a subsequent proceeding, upon the parents 
of the child or either of them being duly summoned or voluntarily ap- 
pearing, proceed to inquire into the ability of such parent or parents to 
support the child or contribute to his support, and if the court shall find 
such parent or parents able to support the child or contribute thereto, 
the court may enter such order or decree as shall be according to equity 
in the premises and enforce the same by execution or in any way in which 
a court of equity may enforce its orders or decrees. 
(260.26) 
UNLAWFUL REMOVAL OF CHILD. Any unlawful remov- 
al, attempt to remove or interference with a child committed by a ju- 
venile court to the custody or guardianship of any institution, association, 
or individual is hereby declared to be contempt of court and punishable 
accordingly. 
(260.27) 
RESPONSIBILITY OF PARENTS, GUARDIANS; PEN- 
ALTY. In all cases when any child shall be found to be neglected or de- 
linquent as defined in sections 260.01 to 260.34 the parent or parents, 
legal guardian, or person having the custody of such child, or any other 
person who by any act, word, or omission encourages, causes, or con- 
tributes to, the neglected or delinquent condition of such child when such 
act, word, or omission is not by other provisions of law declared to be 
a felony, is guilty of a misdemeanor. The fact that a child has been ad- CHILD WELFARE 
141 
judged more than once to be delinquent on account of conduct occur- 
ring while in the custody of his parents or the same guardian shall be 
presumptive evidence that such parents or guardian are responsible for 
his last adjudged delinquency. 
(260.28) 
JURISDICTION. In counties having a population of over 33,000 
the juvenile court shall have jurisdiction of the offenses described in sec- 
tion 260.27. Prosecutions hereunder shall be begun by complaint duly 
verified and filed in the juvenile court of the county. If the defendant 
is found guilty, the court may impose conditions upon him and so long 
as he shall comply therewith to the satisfaction of the court the sent- 
ence imposed may be suspended. 
(260.29) 
EXPENSES PAYABLE BY COUNTY. The expenses in pro- 
bate courts acting as juvenile court for the proceedings of dependent, 
neglected, and delinquent children including the care of children when 
in the custody of the court and during continuance when not with the 
parents, medical and hospital care that may be necessary at the hearing 
or while the child is in the custody of the court, the fees and necessary 
mileage, not to exceed five cents per mile, of witnesses and of officers 
serving notices and subpoenas ordered by the court, the expenses for trav- 
el and board incurred by the probate judge when holding court in places 
other than the county-seat, and 15 cents for each folio for all records in 
these matters additional to his salary, shall be paid by the county upon 
the certificate of the probate judge. 
(260.30) 
FINDINGS; CERTIFICATION. In any proceeding relating to 
a dependent, neglected, or delinquent child, if it appears that the child 
has a legal settlement in another county, the court may continue the case 
and forward to the clerk of the juvenile court of the county in which 
it appears the child has a legal settlement a certified copy of all papers 
filed, together with an order of transfer of the case to the county of legal 
settlement. When the judge of the juvenile court of the county to which 
the case has been transferred denies that such child has a legal settlement 
in his county, he shall send such order of transfer with his statement of 
facts as to settlement of the child to the director of social welfare, who 
shall immediately investigate and determine the question of legal settle- 
ment and certify his findings to the juvenile judge of each of such coun- 
ties. Such decision shall be final and complied with unless, within 30 
days thereafter, action is taken in the district court as provided in sections 
261.08 and 261.09. 
When the legal settlement of the child has been determined the 
judge of the juvenile court of the county of legal settlement shall pro- 
ceed to hear and determine the disposition of the case. The judge may 
accept the findings of the juvenile court where the petition was filed 142 
CHILD WELFARE 
or he may in his discretion direct the filing of a new petition and hear 
the case de novo. 
(260.31) 
CERTIFICATION OF REJECTION OF CLAIM BY 
COUNTY AUDITOR; DETERMINATION BY DIRECTOR 
OF SOCIAL WELFARE. When it has been determined that the legal 
settlement of such child is in another county by the admission of the 
juvenile court judge of such county or by the director of social welfare 
or the district court, the necessary costs and expenses of such proceedings, 
together with the cost of caring for such child during continuances when 
not with the parents, shall be certified by the court to the auditor of the 
county in which the proceedings are held, who shall certify the same to 
the auditor of the county where the child is found to have a legal set- 
tlement and paid as other claims against the county. 
(260.32) 
PAYMENT OF SALARIES. All salaries required to be paid 
under the provisions of section 260.01 to 260.34 shall be paid by the 
county in equal monthly instalments and all authorized fees and expense 
money shall be paid by the county upon proper certification by the judge. 
(260.33) 
LIBERAL CONSTRUCTION. Sections 260.01 to 260.34 shall 
be liberally construed to the end that their purpose may be carried out. 
In all proceedings arising under their provisions the court shall act upon 
the principle that to the child concerned there is due from the state the 
protection and correction which he needs under the circumstances dis- 
closed in the case; and when it is necessary to provide for him eleswhere 
than with his parents his care, custody, and discipline shall approximate 
as nearly as may be that which ought to be given by his parents; and in 
all cases where it can properly be done he shall be placed in an approved 
family home and become a member of the family by legal adoption or 
otherwise. 
(260.34) 
LAWS NOT AFFECTED. Nothing contained in sections 260.01 
to 260.34 shall be construed to repeal any of the provisions of sections 
484.53, 636.01 to 636.06, or Laws 1915, Chapter 3. 
(260.35) 
DIRECTOR TO MAKE TESTS, EXAMINATIONS. There- 
after it shall be the duty of the director of social welfare through the 
bureau of child welfare and county welfare boards to arrange for such 
tests, examinations, and investigations as are necessary for the proper 
diagnosis, classification, treatment, care, and disposition of the child as 
necessity and the best interests of the child shall from time to time re- 
quire. When it appears that a dependent or neglected child is sound of 
mind, free from disease, and suitable for placement in a foster home for 
care or adoption, the director may so place him or delegate such duties CHILD WELFARE 
143 
to a child-placing agency accredited as provided by law, or authorize 
his care in the county by and under the supervision of the county wel- 
fare board. 
(260.36) 
MAY MAKE SPECIAL PROVISIONS IN CERTAIN CAS- 
ES. When the director of social welfare shall find that a child commit- 
ted to his guardianship as a dependent or neglected child is handicapped 
physically or whose mentality has not been satisfactorily determined or 
who is affected by habits, ailments, or handicaps that produce erratic and 
unstable conduct, and is not suitable or desirable for placement in a 
home for permanent care or adoption, the director of social welfare shall 
make special provision for his care and treatment designed to fit him, 
if possible, for such placement or to become self-supporting. The facilities 
of the division of social welfare and all state institutions, the Minnesota 
general hospital, and the child guidance clinic of its psychopathic de- 
partment, as well as the facilities available through reputable clinics, 
private child-caring agencies, and foster boarding homes, accredited as 
provided by law, may be used as the particular needs of the child may 
demand. When it appears that the child is suitable for permanent place- 
ment or adoption, the director of social welfare shall cause him to be 
placed as provided in section 260.35. If the director of social welfare is 
satisfied that the child is feeble-minded he may bring him before the 
probate court of the county where he is found or the county of his legal 
settlement for examination and commitment as provided by law. 
(260.37) 
GUARDIANSHIP TO CEASE WHEN MINOR REACH- 
ES MAJORITY. When a child is no longer a minor, as provided by 
law, the guardianship of the director of social welfare shall cease. If he 
is not self-supporting he shall be returned to the county of his legal set- 
tlement for care by the authorities charged with poor relief. A child, 
of the age of 14 years, not adopted but placed in a satisfactory foster 
home, may with the foster parents’ consent, join with the director of 
social welfare in a petition to the court having jurisdiction of such child, 
praying that such foster parents be appointed guardian of such child 
and for the discharge of the director of social welfare as such guardian. 
(260.38) 
NECESSARY COSTS TO BE PAID BY COUNTY. In addi- 
tion to the usual care and services given by public and private agencies, 
the necessary cost incurred by the director of social welfare in providing 
care for such child, except such children as may have been committed to 
the state public school, shall be paid by the county committing such child 
which, subject to uniform regulations established by the director of social 
welfare, may receive a reimbursement not exceeding one-half of such 
costs from funds made available for this purpose by the legislature. 144 
CHILD WELFARE 
E— 
State Public School For Dependent Children 
(247.01) 
STATE PUBLIC SCHOOL; LOCATION; PURPOSE; 
TEMPORARY EMERGENCY USE. The state public school for 
dependent children shall be continued at Owatonna. Its purpose shall be 
to furnish a temporary home for dependent and neglected children and 
to provide them with proper permanent homes, proper care, and instruc- 
tion, while in the home, in the branches usually taught in the common 
schools and with moral, physical, and industrial training. Provided, that 
from June 30, 1945, until June 30, 1947, the State Public School at 
Owatonna may be used temporarily as an institution to provide academic 
educational and vocational training for those feeble-minded persons who 
may, through such education and training, be prepared for return to so- 
ciety as self-supporting individuals. Provided, further, that if during the 
period from June 30, 1945, to June 30, 1947, the director of social wel- 
fare determines that the facilities of the state public school at Owatonna 
are necessary for the proper care and training of dependent and neglected 
children, then and in such event the facilities at said school shall be made 
available for such purpose. 
(247.02) 
COMMITMENTS TO SCHOOL. Children under 15 years of 
age who are dependent on the public for support, abandoned, neglected, 
or ill treated, and who are sound of mind and free from disease, shall 
be received into the state public school for dependent children upon com- 
mitment by a juvenile court. When the number of such children shall 
exceed the capacity of the school, preference shall be given to the young- 
er children and to those in greatest need. The children received shall be 
divided among the several counties as justly as possible, taking into con- 
sideration the number of such children in each county and its population. 
The director of public institutions, or superintendent, shall notify the 
juvenile court of any county of the number of children that can be re- 
ceived from such county, when vacancies exist, or upon inquiry from the 
court. The children of soldiers shall be given preference in admission. 
No child who can be received into the school shall be maintained in any 
poorhouse. Before any child under one year of age shall be ordered sent 
to this school, a written statement from the superintendent shall be ob- 
tained, showing that the child can be received and cared for in the school. 
(247.03) 
DIRECTOR OF SOCIAL WELFARE TO ASSUME 
GUARDIANSHIP OF CHILD. A child admitted to the state public 
school for dependent children shall remain therein and be subject to the 
guardianship of the director of social welfare until a proper home is 
procured for him. The director of social welfare may return or discharge 
each child when satisfied that he is unsound in mind, or diseased, or for 
other cause is not a proper inmate of this school. Upon such return or CHILD WELFARE 
145 
discharge, the guardianship of the director of social welfare shall cease 
and the child shall again be under the custody of his parents or guard- 
ian, or a charge upon the county from which he was sent. 
(247.04) 
ADOPTION AND APPRENTICESHIP. The director of social 
welfare so far as practicable shall secure permanent homes for such chil- 
dren in proper families by adoption or apprenticeship; and for that pur- 
pose may consent, or authorize the superintendent to consent, to the legal 
adoption of any such child in the same manner as his parents might have 
done; or the director of social welfare may place him in a proper family 
during minority or for a shorter period, under a written contract pro- 
viding for his proper education in public schools, for teaching him some 
useful occupation, for kind and proper treatment as a member of such 
family, and for payment to the director of social welfare at the termina- 
tion of the apprenticeship, for the use of the child, of such sum as may 
be provided in the contract. Such contract shall reserve to the director 
of social welfare the right of cancelation when in his judgment the in- 
terest of the child requires it, and to the person taking the child the 
right so to cancel at any time within 90 days, upon returning the child 
to the school free of expense. 
(247.05) 
DISCHARGE OF CHILD. When any such child, not indentur- 
ed, has become self-supporting or his parents have become able to pro- 
vide for him and are otherwise suitable the director of social welfare 
may discharge him; whereupon the guardianship of the director of social 
welfare shall cease and such child shall be entitled to his earnings, with 
power to contract for his services, or return to the custody of his parents, 
as the director of social welfare shall direct. 
(247.06) 
AGENTS; APPOINTMENT; DUTIES. Suitable persons shall 
be appointed to act as agents of the school. They shall visit the wards 
of the director of social welfare, at his direction, report to him their 
condition and any violation of contracts, and perform such other duties 
as the director of social welfare may direct. They, or the superintendent, 
shall provide homes for wards, investigate applications for apprentices; 
and, on behalf of the director of social welfare, execute contracts of ap- 
prenticeship. They shall be allowed in addition to their salaries their 
necessary traveling expenses, to be audited by the director of social wel- 
fare. 
(247.07) 
RECORD OF INMATES. The director of public institutions 
shall cause to be kept at the home a record containing the names, ages, 
and residences of all children received; the names, residence, occupation, 
and character, so far as known, of the living parents; the record of mili- 
tary or naval service of the parents, if any, in the force of the United 146 
CHILD WELFARE 
States, with a separate index thereof; the date of reception, and of adop- 
tion or indenture, with the name, occupation, and residence of the person 
with whom the child is placed; the date and cause of the cancelation of 
any contract; the date and cause of discharge; and a brief history of each 
child during minority. 
(247.08) 
HOMES FOR CHILDREN. The director of public institutions 
is hereby authorized to receive, keep, maintain, train, and find homes 
for such children as the controlling board or other managing authorities 
of any institution or association which is permitted to receive, find homes 
for, or secure adoption for children under the supervision of the director 
of social welfare may request. 
(247.09) 
VISITATORIAL POWERS. The director of public institutions 
is authorized to visit and investigate the conditions of all children for 
whom homes have been found by an institution within the state which 
has or may at any time have been permitted by the director of social 
welfare to receive and find homes for dependent children. 
(247.10) 
PENALTIES. Any parent, guardian, or other person who shall 
abduct, conceal, entice, carry away, or improperly interfere with any 
child committed to the guardianship of the director of social welfare, or 
who shall obstruct or interfere with any officer or agent in the perform- 
ance of any duty imposed by this chapter, shall be guilty of a misde- 
meanor. 
F— 
State Hospital For Crippled Children 
(250.01) 
GILLETTE STATE HOSPITAL FOR CRIPPLED CHIL- 
DREN; ESTABLISHMENT AND LOCATION. There is hereby 
established a state hospital for indigent, crippled, and deformed children 
of the state which shall be known as the Gillette state hospital for crip- 
pled children. Such hospital is hereby located upon the following des- 
cribed lands in the city of St, Paul, county of Ramsey, and state of 
Minnesota: 
Northerly 24 feet of the westerly 45 feet of lot three, and westerly 
45 feet of lots four and five, and southerly two and six-tenths feet of 
the westerly 45 feet of lot six, and the southerly two and six-tenths feet 
of lot 17, and all of lots 18 and 19, and the northerly 24 feet of lot 20, 
all in block 14, of Stinson, Brown and Ramsey’s Addition to St. Paul. 
Commencing at a point on the southerly line of Niederhoefer street 
and 103 feet easterly from the easterly line of Richmond street, thence 
southerly parallel with Richmond street, 73 feet; thence westerly, paral- 
lel with the southerly line of Niederhoefer street, 40 feet; thence souther- 
ly, parallel with Richmond street 142 feet; thence westerly, parallel with CHILD WELFARE 
147 
the southerly line of Niederhoefer street 128 feet; thence southerly, 
parallel with Richmond street to a point 150 feet south of the southerly 
line of Jefferson avenue; thence easterly on a line parallel with the 
southerly line of Jefferson avenue to a point where the center line of 
Richmond street if produced southerly would intersect that line; thence 
southerly on the center line of Richmond street if produced southerly 
to the northerly line of the right of way of the Chicago, St. Paul, Min- 
neapolis and Omaha Railway Company; thence northeasterly along this 
right of way to a point on the northerly line of lot 33, Sloan’s Subdivi- 
sion of part of block 15, Stinson, Brown and Ramsey’s Addition, inter- 
secting this right of way; thence westerly on the northerly line of lots 
33, 34, 35, and 36, Sloan’s Subdivision of part of block 15, Stinson, 
Brown and Ramsey’s Addition, to the southeasterly corner of lot ten of 
Sloan’s Subdivision; thence northerly along the easterly line of lot ten 
to the southerly line of Niederhoefer street; thence westerly on the 
southerly line of Niederhoefer street 147 feet to place of beginning, be- 
ing part of Sloan’s Subdivision and part of block 16, Stinson, Brown 
and Ramsey’s Addition to St. Paul. 
All of the northeast quarter of the southwest quarter of section 21, 
township 29, range 22, Ramsey county, Minnesota, reserving therefrom 
17 acres of land taken under condemnation proceedings by the city of St. 
Paul for Phalen Park. 
(250.02) 
CONTROL AND MANAGEMENT; WHO ADMITTED. 
The state hospital for indigent, crippled, and deformed children shall be 
under the control and management of the director of public institutions 
and he is hereby authorized and empowered to make provision for the 
care and treatment in such hospital of indigent children who may have 
resided within the state for not less than one year, who are crippled or 
deformed, or who are suffering from disease through which they are 
likely to become crippled or deformed, and to make the necessary con- 
tracts for the maintenance and care of such children in this hospital. 
(250.03) 
RULES AND REGULATIONS. The director of public institu- 
tions shall adopt such rules and regulations as he may deem proper and 
necessary for the admission, discharge, care, treatment, and education 
of such children. 
G— 
Maternity Hospitals 
Introductory: 
Since 1918 maternity hospitals in Minnesota have been licensed 
under the provisions of the maternity hospital law. This law, which de- 
fines and regulates the conduct of maternity hospitals, was administered 
from 1918 to 1939 by the state board of control. In the reorganization 148 
CHILD WELFARE 
of state government in 1939, the state board of control was abolished 
and the enforcement of the maternity hospital law was made the duty 
of the director of the division of social welfare of the department of 
social security. On January 1, 1942, the responsibility for issuance of 
licenses to maternity hospitals was tranferred to the Minnesota depart- 
ment of health under the provisions of the hospital licensing law enacted 
by the 1941 legislature. 
Therefore, in reading the following statutes it is necessary to bear in 
mind that the enforcement of the provisions relating to licensing of mater- 
nity hospitals is now the responsibility of the Minnesota department of 
health. In issuing licenses to maternity hospitals, the Minnesota depart- 
ment of health secures from the director of social welfare his approval 
of the institution with respect to compliance with the child welfare pro- 
visions of the law. 
(258.01) 
PERSON. The word “person” where used in this chapter includes 
individuals, partnerships, voluntary associations, and corporations. This 
chapter shall not be construed to relate to any institution under the man- 
agement of the director of public institutions or his agents. 
(258.02) 
MATERNITY HOSPITAL. Any person who receives for care 
and treatment during pregnancy or during delivery or within ten days 
after delivery, more than one woman within a period of six months, ex- 
cept women related to him or her by blood or marriage, shall be deemed 
to maintain a maternity hospital. 
(258.03) 
LICENSED BY DIRECTOR OF SOCIAL WELFARE. The 
director of social welfare is hereby empowered to grant a license for one 
year for the conduct of any maternity hospital that is for the public good 
and that is conducted by a reputable and responsible person. It shall be 
the duty of the director to prescribe such general regulations and rules 
for the conduct of all such hospitals as shall be necessary to effect the 
purposes of all laws of the state relating to children so far as the same 
are applicable, and to safeguard the well-being of all infants born therein, 
and the health, morality, and best interests of the parties who are in- 
mates thereof. No maternity hospital shall receive a woman for care 
therein without first obtaining a license to conduct such hospital from 
the director. No such license shall be issued unless the premises are in fit 
sanitary condition. The license shall state the name of the licensee, desig- 
nate the premises in which the business may be carried on, and the num- 
ber of women that may be properly treated or cared for therein at any 
one time. Such license shall be kept posted in a conspicuous place on the 
licensed premises. No greater number of women shall be kept at any one 
time on the premises for which the license is issued than is authorized 
by the license and no woman shall be kept in a building or place not CHILD WELFARE 
149 
designated in the license, A record of the license so issued shall be kept 
by the director, who shall forthwith give notice to the state board of 
health and to the local board of health of the city, village, or town in 
which the licensee resides of the granting of such license and the condi- 
tions thereof. The license shall be valid for one year from the date of the 
issuance thereof. The director may, after due notice and hearing, revoke 
the license in case the person to whom the same is issued violates any of 
the provisions of this chapter; or when in his opinion such maternity 
hospital is maintained without due regard to sanitation and hygiene, or 
to the health, comfort, or well-being of the inmates or infants born to 
such inmates, or in case of the violation of any law of the state in a man- 
ner disclosing moral turpitude or unfitness to maintain such hospital, or 
that any such hospital is conducted by a person of ill repute or bad moral 
character. 
Written charges against the licensee shall be served upon him at 
least three days before hearing shall be had thereon and a written copy 
of the findings and decision of the director upon hearing shall be served 
upon the licensee in the manner prescribed for the service of a summons 
in civil actions. 
Any licensee feeling himself aggrieved by any decision of the direc- 
tor may appeal to the district court by filing with the clerk thereof in 
the county where his hospital is situated within ten days after written 
notice of such decision a written notice of appeal specifying the grounds 
upon which the appeal is made. 
The appeal may be brought on for hearing in a summary manner 
by an order to show cause why the decision of the director should not 
be confirmed, amended, or set aside. The written notices and decisions 
shall be treated as the pleadings in the case and may be amended in the 
discretion of the court. The issues shall be tried anew by the court and 
findings made upon the issues tried. 
Either party may appeal to the supreme court from the determina- 
tion of the district court within five days after notice of filing the de- 
cision in the manner provided for appeals in civil action. 
No revocation of license shall become effective until any appeal 
made shall have been determined. In case of a revocation of a license, 
the director of social welfare shall make a notation thereof upon his 
records and give written notice of such revocation to the licensee by de- 
livery of a copy of the order of revocation to the licensee or leaving a 
copy thereof with a person of suitable age and discretion living upon the 
premises. In case of revocation the director of social welfare shall notify 
the state board of health and the local board of health of the city, village, 
or town in which the hospital is situated. 
(258.04) 
PLACEMENT OF CHILDREN. No person, as an inducement 
to a woman to go to any maternity hospital during confinement, shall 150 
CHILD WELFARE 
in any way offer to dispose of any child or advertise that he will give 
children for adoption or hold himself out as being able to dispose of chil- 
dren in any manner. 
(258.05) 
TO PRESCRIBE FORMS. The director of social welfare may 
prescribe forms for the registration and record of persons cared for in 
any such hospital, and the licensee shall be entitled to receive gratuitous- 
ly from the director a book of forms for such registration and record. 
Each book shall contain a printed copy of this chapter. The licensee of 
a maternity hospital shall keep a record in the form to be prescribed by 
the director of social welfare wherein shall be entered the true name of 
every patient, together with all her places of residence during the year 
preceding admission to the hospital, the name and address of the physi- 
cian or midwife who attended at each birth taking place at such hospital, 
or who attended any sick infant therein, and the name and address of 
the mother of such child; the name and age of each child who is given 
out, adopted, or taken away to or by any person, together with the name 
and residence of the person so adopting or taking away such child, and 
such other information as will be within the knowledge of the licensee 
and as the director of social welfare shall prescribe. 
(258.06) 
PHYSICIAN OR MIDWIFE TO MAKE REPORT. Every 
birth occurring in a maternity hospital shall be attended by a legally 
qualified physician or midwife. The licensee owning or conducting such 
hospital shall within 24 hours after the birth therein of a child known 
to be of illegitimate birth, make a written report thereof to the director 
of social welfare, giving the name of the mother, the sex of the child 
and such additional information as shall be within the knowledge of the 
licensee and as may be required by the director. The licensee owning or 
conducting any such hospital shall immediately after the death in a 
maternity hospital of a woman, or an infant born therein or brought 
thereto, cause notice thereof to be given to the local board of health of 
the city, village or town in which such hospital is located. 
(258.07) 
INSPECTION OF HOSPITALS. The authorized agents of 
the director of social welfare and the officers and authorized agents of the 
state board of health and the local board of health of the city, village, 
or town in which a licensed maternity hospital is located may inspect 
such hospital at any time and examine every part thereof. The agents of 
the director of social welfare may call for and examine the records which 
are required to be kept by the provisions of this chapter and inquire into 
all matters concerning such hospital and patients and infants therein; 
and the authorized agents of the director of social welfare shall visit 
and inspect such hospitals at least once every six months and shall pre- 
serve reports of the conditions found therein. The licensee shall give all CHILD WELFARE 
151 
reasonable information to such inspectors and afford them every reason- 
able facility for viewing the premises and seeing the patients therein. 
(258.08) 
INFORMATION AS TO LEGITIMACY OF CHILD. 
When a woman who, within ten days after delivery of a child, or a 
woman, who is pregnant, is received for care in a maternity hospital, the 
licensee of such maternity hospital or the officer in charge of such other 
hospital, shall use due diligence to ascertain whether such child is legiti- 
mate; and, if there is reason to believe that such child is illegitimate or 
will be when born illegitimate, such licensee shall report to the director 
of social welfare forthwith the presence of such woman, together with 
such other information as shall be within the knowledge of the licensee 
and as the director may require. 
(258.09) 
DISCLOSURE OF CONTENTS. No authorized agent of the 
director of social welfare, no officer or authorized agent of the state 
board of health or the local boards of health of the city, village, or town 
where such licensed hospital is located, or the licensee of such a hospital, 
or any of its agents, or any other person, shall directly or indirectly dis- 
close the contents of the records herein provided for, or the particulars 
entered therein, or facts learned about such hospital, or the inmates 
thereof, except upon inquiry before a court of law, at a coroner’s inquest, 
or before some other tribunal, or for the information of the director of 
social welfare, state board of health, or the local board of health of the 
village, city, or town in which the hospital is located. Nothing herein 
shall prohibit the director, with the consent of any patient in such hos- 
pital, disclosing such facts to such proper persons as may be in the in- 
terest of such patient or the infant born to her. 
(258.10) 
BURDEN OF PROOF. In a prosecution under the provisions of 
this chapter or any penal law relating thereto, a defendant who relies 
for defense upon the relationship of any woman or infant to himself 
shall have the burden of proof. 
(258.11) 
VIOLATIONS; PENALTIES. Every person who violates any 
of the provisions of this chapter shall, upon conviction of the first of- 
fense, be guilty of a misdemeanor. The second or subsequent offense 
shall be a gross misdemeanor. 
H— 
Adoption; Change of Name 
(259.01) 
ADOPTION; PETITION AND CONSENT. Any resident 
of the state may petition the district court of the county in which he re- 
sides for leave to adopt any child not his own. If the petitioner be mar- 
ried the spouse shall join in the petition. All petitions for the adoption 152 
CHILD WELFARE 
of a child who is a ward or pupil of the state public school shall be made 
jointly by the person desiring to adopt such child and the superintendent 
of the state public school. The director of social welfare may determine 
that the joinder of the superintendent in the petition shall be his consent 
to the adoption of the ward or pupil, as prayed for in the petition. A 
person of full age may be adopted. 
(259.02) 
INVESTIGATION; PROBATIONARY RESIDENCE. Up- 
on the filing of a petition for the adoption of a minor child the court 
shall notify the director of social welfare. It shall then be the duty of 
the director to verify the allegations of the petition; to investigate the 
condition and antecedents of the child for the purpose of ascertaining 
whether he is a proper subject for adoption, and to make appropriate 
inquiry to determine whether the proposed foster home is a suitable home 
for the child. The director shall as soon as practicable submit to the court 
a full report in writing, with a recommendation as to the granting of the 
petition and any other information regarding the child or the proposed 
home which the court shall require. If the report of the director disap- 
proves of the adoption of the child the director may move the court to 
dismiss the petition. No petition shall be granted until the child shall 
have lived for six months in the proposed home. Such investigation and 
period of residence may be waived by the court upon good cause shown, 
when satisfied that the proposed home and the child are suited to each 
other. 
(259.03) 
CONSENT, WHEN NECESSARY. Except as herein provided 
no adoption of a minor shall be permitted without the consent of his 
parents, but the consent of a parent who has abandoned the child, or 
who cannot be found, or who is insane or otherwise incapacitated from 
giving such consent, or who has lost custody of the child through divorce 
proceedings or the order of a juvenile court, may be dispensed with, and 
consent may be given by the guardian, if there be one or if there be no 
guardian, by the director of social welfare. In case of illegitimacy the 
consent of the mother alone shall suffice. In all cases where the child is 
over 14 years old his own consent must be had also. 
(259.04) 
HOSPITAL MAY CONSENT TO ADOPTION. Any hospi- 
tal incorporated under the laws of this state for the purpose of caring 
for unmarried women who are about to become mothers, and for il- 
legitimate children born in such hospital or left in its care by the mothers 
for the purpose of being placed in suitable homes, may be the custodian 
of the persons of such children. 
(259.05) 
NOTICE OF HEARING. When the parents of any minor child 
are dead or have abandoned him and he has no guardian in the state the CHILD WELFARE 
153 
court shall order three weeks’ published notice of the hearing on such 
petition to be given, the last publication to be at least ten days before the 
time set therefor. In every such case the court shall cause such further no- 
tice to be given to the known kindred of the child as shall appear to be 
just and practicable. If there be no duly appointed guardian, a parent 
who has lost custody of a child through divorce proceedings, and the fath- 
er of an illegitimate child who has acknowledged his paternity in writing 
or against whom paternity has been duly adjudged shall be served with 
notice in such manner as the court shall direct in all cases where the 
residence is known or can be ascertained. 
(259.06) 
DECREE; CHANGE OF NAME. If upon the hearing the 
court is satisfied as to the identity and relationship of the persons con- 
cerned and that the petitioners are able to properly rear and educate 
the child and that the petition should be granted, a decree shall be made 
and recorded in the office of the clerk setting forth the facts and order- 
ing that from the date thereof the child shall be the child of the peti- 
tioners. If desired, the court in and by the decree may change the name 
of the child, provided that for the purpose of information the clerk of 
the district court shall within 20 days after the decree is granted by the 
court mail a copy of the recorded decree to the director of social welfare. 
(259.07) 
STATUS OF ADOPTED CHILD. Upon adoption such child 
shall become the legal child of the persons adopting him and they shall 
become his legal parents with all the rights and duties between them of 
natural parents and legitimate child. By virtue of such adoption, he shall 
inherit from his adopting parents or their relatives the same as though 
he were the legitimate child of such parents and shall not owe his natural 
parents or their relatives any legal duty; and, in case of his death intes- 
tate, the adopting parents and their relatives shall inherit his estate as if 
they had been his parents and relatives in fact. 
(259.08) 
GROUNDS FOR ANNULMENT. If within five years after 
his adoption a child develops feeble-mindedness, epilepsy, insanity, or 
venereal infection as a result of conditions existing prior to the adoption 
and of which the adopting parents had no knowledge or notice, a peti- 
tion setting forth such facts may be filed with the court which entered 
the decree of adoption and, if such facts are proved, the court may annul 
the adoption and commit the child to the guardianship of the director 
of social welfare. In every such proceeding it shall be the duty of the 
county attorney to represent the interests of the child. 
(259.09) 
RECORDS OF ADOPTION; LIMITATION OF RIGHT 
TO INSPECT. The files and records of the court in adoption pro- 
ceedings after the final determination thereof shall not be opened to in- 
spection or copy by any person except upon an order of the court ex- 154 
CHILD WELFARE 
pressly permitting the same. 
(259.10) 
CHANGE OF NAME; PROCEDURE; PENALTY. A per- 
son who shall have resided in any county for one year may apply to the 
district court thereof to have his name changed in the manner herein 
specified. He shall state in his application the name and age of his wife 
and each of his children, if any, and shall describe all lands in the state 
in or upon which he claims any interest or lien, and shall appear per- 
sonally before the court and prove his identity by at least two witnesses. 
If he be a minor, his guardian or next of kin shall also appear. If he be 
under the age of 14 years, the application may be made by his guardian 
or next of kin. Every person who, with intent to defraud, shall make a 
false statement in any such application shall be guilty of a misdemeanor. 
(259.11) 
ORDER; FILING COPIES. If it shall appear to the court to 
be proper, it shall grant the application and set forth in the order the 
name and age of his wife and each child of the applicant, if any, and 
shall state a description of the lands, if any, in which the applicant and 
said wife and children, if any, claim to have an interest. The clerk shall 
file such order, and record the same in the judgment book. If lands be 
described therein, a certified copy of the order shall be filed for record, 
by the clerk, with the register of deeds of each county wherein any of 
the same are situated. Before doing so he shall present the same to the 
county auditor who shall enter the change of name in his official rec- 
ords and note upon the instrument, over his official signature, the words 
“change of name recorded.” Any such order shall not be filed, nor any 
certified copy thereof be issued, until the applicant shall have paid to the 
clerk the cost of such record. The fee of the clerk shall be $2.00, and 
for each certified copy of the order 50 cents. 
I— 
Trust Funds 
(256.88) 
SOCIAL WELFARE FUND ESTABLISHED. Except as here- 
inafter expressly provided otherwise, all moneys and funds now or here- 
after held by the director of social welfare and the county welfare boards 
of the several counties in trust or for the benefit of defective, illegitimate, 
dependent, neglected, and delinquent children or persons feeble-minded, 
inebriate, or insane, or other wards or beneficiaries, under any law now 
or hereafter in force, shall be and the same hereby are constituted and 
made into a single fund to be known as the “social welfare fund” which 
shall be deposited at interest, held, or disbursed as provided in sections 
256.89 to 256.92. 
(256.89) 
FUND DEPOSITED IN STATE TREASURY. The social 
welfare fund and all accretions thereto shall be deposited in the state CHILD WELFARE 
155 
treasury, as a separate and distinct fund, to the credit of the director of 
social welfare as trustee for the beneficiaries thereof in proportion to 
their several interests. The state treasurer shall be responsible only to 
the director of social welfare for the sum total of the fund, and shall 
have no duties nor direct obligations toward the beneficiaries thereof 
individually. Subject to the regulations of the director of social welfare 
moneys so received by a county welfare board may be deposited by the 
executive secretary of the county welfare board in a local bank carrying 
federal deposit insurance, designated by the county welfare board for 
this purpose. The amount of such deposit in each such bank at any one 
time shall not exceed the amount protected by federal deposit insurance. 
(256.90) 
SOCIAL WELFARE FUND; USE DISPOSITION; DE- 
POSITORIES. The director of social welfare and the director of pub- 
lic institutions at least 30 days before the first day of January and the 
first day of July in each year shall file with the state treasurer an estimate 
of the amount of the social welfare fund to be held in the treasury dur- 
ing the succeeding six months’ period, subject to current disbursement. 
Such portion of the remainder thereof as may be at any time designated 
by the request of the director of social welfare and the director of public 
institutions may be invested by the state treasurer in bonds in which the 
permanent trust funds of the state of Minnesota may be invested, upon 
approval by the state board of investment. The portion of such remainder 
not so invested shall be placed by the treasurer at interest for the period 
of six months, or when directed by the director of social welfare and the 
director of public institutions, for the period of 12 months thereafter at 
the highest rate of interest obtainable in a bank, or banks, designated by 
the board of deposit as a suitable depository therefor. All the provisions 
of law relative to the designation and qualification of depositories of 
other state funds shall be applicable to sections 256.88 to 256.92, except 
as herein otherwise provided. Any bond given, or collateral assigned or 
both, to secure a deposit hereunder may be continuous in character to 
provide for the repayment of any moneys belonging to the fund thereto- 
fore or thereafter at any time deposited in such bank until its designation 
as such depository is revoked and the security thereof shall be not impaired 
by any subsequent agreement or understanding as to the rate of interest 
to be paid upon such deposit, or as to time for its repayment. The amount 
of money belonging to the fund deposited in any bank, including other 
state deposits, shall not at any time exceed the amount of the capital stock 
thereof. In the event of the closing of the bank any sum deposited therein 
shall immediately become due and payable. 
(256.91) 
PURPOSES. From that part of the social welfare fund held in 
the state treasury subject to disbursement as provided in section 256.90 
the director of social welfare at any time may pay out such amounts as 156 
CHILD WELFARE 
he deems proper for the support, maintenance, or other legal benefit of 
any of the defective, illegitimate, dependent, neglected, and delinquent 
children, or persons feeble-minded, inebriate, or insane, or other wards 
or persons entitled thereto, not exceeding in the aggregate to or for any 
person the principal amount previously received for the benefit of the 
person, together with the increase thereof from an equitable apportion- 
ment of interest realized from the social welfare fund. 
When any such person dies or is finally discharged from the guard- 
ianship, care, custody, and control of the director of social welfare the 
amount then remaining subject to use for the benefit of such person 
shall be paid as soon as may be from the social welfare fund to the per- 
sons thereto entitled by law. 
(256.92) 
DIRECTOR OF SOCIAL WELFARE SHALL KEEP AC- 
COUNTS. It shall be the duty of the director of social welfare and of 
the county welfare boards of the several counties of this state to cause 
to be deposited with the state treasurer all moneys and funds in their 
possession or under their control and designated by section 256.91 as and 
for the social welfare fund; and all such moneys and funds shall be so 
deposited in the state treasury as soon as received. The director of social 
welfare shall keep books of account or other records showing separately 
the principal amount received and deposited in the social welfare fund 
for the benefit of any person, together with the name of such person, 
and the name and address, if known to the director of social welfare, of 
the person from whom such money was received; and, at least once every 
two years, the amount of interest, if any, which the money has earned in 
the social welfare fund shall be apportioned thereto and posted in the 
books of account or records to the credit of such beneficiary. 
The provisions of sections 256.88 to 256.92 shall not apply to any 
fund or money now or hereafter deposited or otherwise disposed of pur- 
suant to the lawful orders, decrees, judgments, or other directions of 
any probate or district court having jurisdiction thereof. 
J— 
Crimes By and Against Children 
(610.08) 
PRESUMPTION OF RESPONSIBILITY. Save as hereinafter 
specified, every person is presumed to be responsible for his acts, and the 
burden of rebutting such presumption is upon him. Children under the 
age of seven years, idiots, imbeciles, lunatics, or insane persons are in- 
capable of committing crime. Children of seven, and under 12, years of 
age are presumed incapable of committing crime, but this presumption 
may be removed by proof that they have sufficient capacity to under- 
stand the act or neglect, and to know that it was wrong. When, in legal 
proceedings, it becomes necessary to determine the age of a child, he 
may be produced for inspection, to enable the court or jury to determine CHILD WELFARE 
157 
the age thereby; and the court may also direct his examination by one 
or more physicians, whose opinion shall be competent evidence upon the 
question of his age. 
(617.01) 
RAPE; PENALTY. Rape is an act of sexual intercourse with a 
female not the wife of the perpetrator, committed against her will or 
without her consent; every person who shall perpetrate such an act of 
sexual intercourse with a female of ten years or upwards, not his wife: 
(1) When, through idiocy, imbecility, or any unsoundness of 
mind, either temporary or permanent she is incapable of giving consent; 
(2) When her resistance is forcibly overcome; 
(3) When her resistance is prevented by fear of immediate and 
great bodily harm, which she has reasonable cause to believe will be in- 
flicted upon her; 
(4) When her resistance is prevented by stupor or by weakness of 
mind produced by an intoxicating, narcotic, or anaesthetic agent adminis- 
tered by or with the privity of the defendant; or 
(5) When she is at the time unconscious of the nature of the act, 
and this is known to the defendant— 
Shall be punished by imprisonment in the state prison for not less 
than seven, nor more than 30, years. 
(617.02) 
CARNAL KNOWLEDGE OF CHILDREN. Every person who 
shall carnally know and abuse any female child under the age of 18 years 
shall be punished as follows: 
(1) When such child is under the age of ten years, by imprison- 
ment in the state prison for life; 
(2) When such child is ten, and under the age of 14, years, by 
imprisonment in the state prison for not less than seven, nor more than 
30, years; 
(3) When such child is 14, and under the age of 18, years, by 
imprisonment in the state prison for not more than seven years, or by 
imprisonment in the county jail for not more than one year. 
(617.03) 
PHYSICAL ABILITY OF OFFENDER. No conviction for 
rape shall be had against one under the age of 14 years at the time of the 
alleged act, unless his physical ability to accomplish penetration is proved 
as an independent fact, beyond a reasonable doubt. In all cases of rape 
any sexual penetration, however slight, is sufficient to complete the crime. 
(617.04) 
COMPELLING WOMAN TO MARRY. Every person who, 
by force, menace, or duress, shall compel a woman against her will to 
marry him, or to marry any other person, or to be defiled, shall be pun- 
ished by imprisonment in the state prison for not less than three, nor 
more than 30, years, or by a fine of not more than $1,000, or by both. 158 
CHILD WELFARE 
(617.05) 
ABDUCTION; EVIDENCE; PENALTY. Every person who 
(1) Shall take a female under the age of 18 years, for the pur- 
pose of prostitution or sexual intercourse, or, without the consent of her 
father, mother, guardian, or other person having legal charge of her 
person, for the purpose of marriage; 
(2) Shall inveigle or entice an unmarried female under the age 
of 25 years, of previous chaste character, into a house of ill-fame or as- 
signation, or elsewhere for the purpose of prostitution or sexual inter- 
course ; 
(3) Shall take or detain a woman unlawfully against her will, 
with intent to compel her by force, menace, or duress, to marry him or 
any other person, or to be defiled; or, 
(4) Being parent, guardian, or other person having legal charge 
of the person of a female under the age of 18 years, shall consent to her 
taking or detention by any person for the purpose of prostitution or 
sexual intercourse— 
Shall be guilty of abduction and punished by imprisonment in the 
state prison for not more than five years, or by a fine of not more than 
$1,000, or by both. No conviction shall be had for abduction or compul- 
sory marriage upon the unsupported testimony of the female abducted 
or compelled. 
(617.08) 
INDECENT ASSAULT. Every person who shall take any in- 
decent liberties with or on the person of any female, not a public pros- 
titute, without her consent expressly given, and which acts do not in 
law amount to rape, an attempt to commit a rape, or an assault with 
intent to commit rape, and every person who shall take such indecent 
liberties with or on the person of any female under the age of 16 years, 
and every person who shall take any indecent liberties with or on the per- 
son of any male under the age of 16 years, without regard to whether 
he or she shall consent to the same or not, or who shall persuade or in- 
duce any male or female under the age of 16 years to perform any in- 
decent act upon his or her own body or the body of another, shall be 
guilty of a felony. 
(617.09) 
SOLICITING BOY UNDER 18 TO HOUSE OF ILL- 
FAME. Any person who shall solicit any boy under the age of 18 years 
to visit a house of ill-fame or assignation for the purpose of prostitution 
or sexual intercourse, or shall direct or accompany such boy to any such 
house of ill-fame or assignation for such purpose, or shall arrange or as- 
sist in arranging any meeting for such purpose between any boy under 
the age of 18 years and any female of dissolute character or any inmate 
of any house of ill-fame or assignation, shall be guilty of a felony, and, 
upon conviction thereof, shall be punished by imprisonment for not less 
than six months, nor more than five years. CHILD WELFARE 
159 
(617.10) 
ADMITTING OR COHABITING. Any keeper of any house 
of ill-fame or assignation who shall for any unlawful purpose admit to 
such house any boy under the age of 18 years, or any female inmate of 
any such house of ill-fame or assignation who shall cohabit with any boy 
under the age of 18 years, shall be guilty of a felony, and, upon convic- 
tion thereof, shall be punished by imprisonment for not less than 18 
months, nor more than seven years. 
(617.13) 
INCEST. When any male and female persons, nearer of kin to 
each other than first cousins, computing by the rules of the civil law, 
whether of the half or the whole blood, shall have sexual intercourse 
together, each shall be guilty of incest, and be punished by imprisonment 
in the state prison for not more than ten years. 
No male or female person under the age of 18 years shall be ex- 
cused from attending and testifying, or producing any evidence before 
any court, magistrate, referee, or grand jury, upon any investigation, 
proceeding or trial, for or relating to or concerned with a violation of 
this section or attempt to commit such violation, upon the ground that 
the testimony or evidence required of such person by the state may tend 
to convict such person of a crime or to subject such person to a penalty 
or forfeiture; but no such person shall be prosecuted or subjected to any 
penalty or forfeiture for or on account of any transaction, matter, or 
thing concerning which such person may so testify or produce evidence, 
and no testimony so given or produced shall be received against such 
person upon any criminal investigation, proceeding or trial, except upon 
a prosecution for perjury or contempt of court based upon the giving or 
producing of such testimony. 
(617.17) 
ABSCONDING BY FATHER TO EVADE PROCEEDINGS 
ESTABLISHING PATERNITY. If issue is conceived of fornication, 
and within the period of gestation or within 60 days after the birth of 
a living child the father absconds from the state with intent to evade 
proceedings to establish his paternity of such child, he is guilty of a felo- 
ny and shall be punished by imprisonment in the state prison for not 
more than two years. 
(617.18) 
ABORTION, HOW PUNISHED. Every person who, with in- 
tent thereby to produce the miscarriage of a woman, unless the same is 
necessary to preserve her life, or that of the child with which she is preg- 
nant, shall— 
(1) prescribe, supply, or administer to a woman, whether preg- 
nant or not, or advise or cause her to take, any medicine, drug, or sub- 
stance ; or 
(2) use, or cause to be used, any instrument or other means— 
Shall be guilty of abortion and punished by imprisonment in the 160 
CHILD WELFARE 
state prison for not more than four years or in a county jail for not more 
than one year. 
(617.19) 
PREGNANT WOMAN ATTEMPTING ABORTION. A 
pregnant woman who takes any medicine, drug, or substance, or uses or 
submits to the use of any instrument or other means, with intent thereby 
to produce her own miscarriage, unless the same is necessary to preserve 
her life, or that of the child whereof she is pregnant, shall be punished by 
imprisonment in the state prison for not less than one year nor more than 
four years. 
(617.20) 
DRUGS TO PRODUCE MISCARRIAGE. Whoever shall 
manufacture, give, or sell an instrument, drug, or medicine, or any other 
substance, with intent that the same may be unlawfully used in produc- 
ing the miscarriage of a woman, shall be guilty of a felony. 
(617.21) 
EVIDENCE. In any prosecution for abortion or attempting abor- 
tion, no person shall be excused from testifying as a witness on the 
ground that his testimony would tend to criminate himself. 
(617.22) 
CONCEALING BIRTH; SECOND OFFENSE. Every person 
who shall endeavor to conceal the birth of a child by any disposition of 
its dead body, whether the child died before or after its birth, shall be 
guilty of a misdemeanor; and every woman who, having been convicted 
of endeavoring to conceal the still-birth of any issue of her body, which if 
born alive would be illegitimate, or the death of such issue under the age 
of two years, shall, subsequent to such conviction, endeavor to conceal 
any such birth or death, shall be punished by imprisonment in the state 
prison for not more than five years. 
(617.49) 
NOT TO ADMIT CERTAIN PERSONS. No person to whom 
a permit has been issued shall permit to be or remain in any public danc- 
ing place any intoxicated person, any prostitute, any person of known 
immorality, or any unmarried person under the age of 16 years, unless 
such person is accompanied by a parent or guardian, nor any unmarried 
person more than 16, and under the age of 18, years unless such person is 
accompanied by a parent or guardian or presents the written consent of 
his parent or guardian to the officer in charge of such dance, and every 
such written permit shall be retained by such officer. 
(617.55) 
DESERTION OF CHILD OR PREGNANT WIFE. Every 
parent, including the duly adjudged father of an illegitimate child and 
a father who in an action for divorce or separate maintenance has been 
judicially deprived of the actual custody of his child, or other person 
having legal responsibility for the care or support of a child who is un- 
der the age of 16 years and unable to support himself by lawful employ- CHILD WELFARE 
161 
ment, who fails to care for and support such child with intent wholly 
to abandon and avoid such legal responsibility for the care and support 
of such child; and every husband who, without lawful excuse, deserts 
and fails to support his wife, while pregnant, with intent wholly to 
abandon her, is guilty of a felony; and, upon conviction, shall be punish- 
ed therefor by imprisonment in the state prison for not more than five 
years. Desertion of and failure to support a child or pregnant wife for 
a period of three months shall be presumptive evidence of intention whol- 
ly to abandon or to avoid legal responsibility for the care and support of 
the child. 
(617.56) 
FAILURE TO SUPPORT WIFE OR CHILD. Every man 
who, without lawful excuse, wilfully fails to furnish proper food, shel- 
ter, clothing, or medical attendance to his wife, such wife being in desti- 
tute circumstances; and every person having legal responsibility for the 
care or support of a child who is under 16 years of age and unable to 
support himself by lawful employment, who wilfully fails to make prop- 
er provision for such child, is guilty of a misdemeanor. If any person con- 
victed under this section gives bond to the state, in such amount and 
with such sureties as the court prescribes and approves, conditioned to 
furnish the wife or child with proper food, shelter, clothing, and medical 
attendance for such a period, not exceeding five years, as the court may 
order, judgment shall be suspended until some condition of the bond is 
violated. The bond may, in the discretion of the court, be conditioned 
upon the payment of a specified sum of money at stated intervals. Upon 
the filing of an affidavit showing the violation of any of the conditions 
of the bond, the accused shall be heard upon an order to show cause 
and, if the charge be sustained, the judgment shall be executed. The 
wife or child, and any person furnishing necessary food, shelter, clothing, 
or medical attendance to either, may sue upon the bond for a breach of 
any condition thereof. 
(617.57) 
PROSECUTION. On complaint being made in writing and un- 
der oath by the wife or by an official or member of the governing body 
of the town, village, city, or county wherein such wife is a resident, or 
by any reputable person to a justice of the peace or judge of a municipal 
court, accusing any person of the offense defined in section 617.56, the 
justice or judge shall issue his warrant against the person accused, di- 
rected to the sheriff or constable of the county, commanding him forth- 
with, to bring the accused person before the justice or judge to answer 
such complaint. 
(617.58) 
PROOF OF RELATIONSHIP. In any prosecution for desertion 
of, or failure to support, a wife or child no other or greater evidence shall 
be required to prove the relationship of the defendant to such wife or 162 
CHILD WELFARE 
child than is or shall be required to prove such relationship in a civil 
action. 
(617.59) 
ENDANGERING LIFE, HEALTH, OR MORALS OF 
MINORS. Every person having the care or custody of a minor who 
shall: 
(1) Wilfully cause or permit his life to be endangered, his health 
to be injured, or his morals to become depraved; or 
(2) Wilfully cause or permit such minor to be placed in a situa- 
tion, or to engage in an occupation, which will be likely to endanger his 
life, injure his health, or impair his morals— 
Shall be guilty of a gross misdemeanor. 
(617.60) 
KEEPERS OF PUBLIC PLACES TO EXCLUDE MINORS. 
Whoever permits any person under the age of 21 years to be or remain 
in any dancehouse, concert saloon, place where intoxicating liquors are 
sold or given away, or any place of entertainment injurious to the mor- 
als, owned, kept, or managed by him, in whole or in part, or shall per- 
mit any person under the age of 21 years to play any game of skill or 
chance in any such place, shall be guilty of a misdemeanor and be pun- 
ished by a fine of not less than $25.00. 
(617.61) 
MINORS; GAMING BY PROHIBITED, WHERE; HOW 
PUNISHED. All persons under the age of 21 years are prohibited from 
playing pool or billiards or cards in any saloon or room connected there- 
with or in any restaurant or public place of amusement in which tobacco, 
confectionery, or drinks of any kind, except water, are in any manner 
disposed of; and every keeper or person in charge of any such place who 
shall permit or suffer any person under the age of 21 years to play pool, 
billiards, or cards therein shall be guilty of a misdemeanor and be pun- 
ished by a fine of not less than $25.00 or by imprisonment in the county 
jail for not exceeding 30 days. 
(617.62) 
RESTRICTIONS ON MINORS IN PLACES OF AMUSE- 
MENT. Any person under the age of 18 years or who is a minor pupil 
in any school, college, or university is prohibited from playing pool or 
billiards in any public pool or billiard room or in any public place of 
business, unless accompanied by his parent or guardian, and any person 
under the age of 18 years or who is a minor pupil in any school, college, 
or university who shall engage in any game of pool or billiards in any 
such place, or frequent or loiter within any pool or billiard room, or any 
public place of business where pool or billiards are played, unless ac- 
companied by his parent or guardian, shall be guilty of a misdemeanor 
and punished by a fine of not exceeding $10.00. CHILD WELFARE 
163 
(617.63) 
KEEPERS OF PUBLIC PLACES TO EXCLUDE; PENAL- 
TY. Every keeper or person in charge of any pool or billiard room, or 
public place of business where pool or billiards are played, who shall 
permit or allow any person under the age of 18 years or any minor pupil 
of any school, college, or university to play any of these games therein, 
or to gather in, loiter, or frequent any such place unless accompanied by 
his parent or guardian, shall be guilty of a misdemeanor and punished 
by a fine of not less than $25.00 or by imprisonment in the county jail 
for not exceeding 30 days. 
(617.64) 
USE OF TOBACCO BY MINORS. Every person under the 
age of 18 years, and every minor pupil in any school, college, or univer- 
sity, who shall smoke or use cigarettes, cigars, or tobacco in any form on 
any public road, street, alley, park, or other lands used for public pur- 
poses, or in any public place of business, shall be guilty of a misdemeanor, 
and punished for each offense by a fine of not more than $10.00, or by 
imprisonment in the county jail for not more than five days; and every 
person who shall furnish any cigarettes, cigars, or tobacco in any form to 
any such minor person, or who shall permit any such minor person to 
frequent any premises owned, held, or managed by him, for the purpose 
of indulging in the use of cigarettes, cigars, or tobacco in any form, shall 
be guilty of a misdemeanor, and punished by a fine of not more than 
$50.00, or by imprisonment in the county jail for not exceeding 30 days, 
for each offense. 
(617.65) 
MINORS; SALE OF TOBACCO TO. Any person within this 
state who sells, gives to, or in any way furnishes any cigarettes, cigars, 
or tobacco in any form to any person under 18 years of age, or to any 
minor pupil in any school, college, or university, shall be punished by a 
fine of not to exceed $50.00, or by imprisonment in the county jail for 
not to exceed 30 days, for each offense. 
(617.66) 
USE OF TOBACCO IN PUBLIC PLACE; ARREST; PEN- 
ALTY; EVIDENCE. Any person under 18 years of age, any minor 
pupil, as described in section 617.65, who shall smoke or use cigarettes, 
cigars, or tobacco in any form on any public highway, street, alley, park, 
or other lands used for public purposes, or in any public place of business, 
shall be arrested by an officer of the law, who may be cognizant of such 
offense; and it shall be the duty of all such officers, upon complaint of 
one citizen, to arrest such offenders and take them before the proper 
court. The court shall impose a punishment at its discretion in the sum 
of not to exceed $10.00, or imprisonment in the county jail for not to 
exceed five days, for each offense; provided, if such minor person shall 
give information which may lead to the arrest of the person violating 
section 617.65, in giving or selling to, or in any way furnishing such 164 
CHILD WELFARE 
minor person tobacco, and shall give evidence as a witness in such pro- 
ceedings against the party or parties, the court shall have power to sus- 
pend sentence against such minor person. 
(617.67) 
HARBORING. Any person who harbors or grants to persons un- 
der 18 years of age, or to minor pupils, as described in section 617.65, 
privilege of gathering upon or frequenting any property or lands held 
by him, for the purpose of indulging in the use of cigarettes, cigars, or 
tobacco in any form, shall be held in the same penalty as provided for 
in section 617.65; provided, that no part of sections 617.65 to 617.68 
shall be so construed as to interfere with the rights of parents or lawful 
guardians in the rearing and management of their minor heirs or wards, 
within the bounds of their own private premises. 
(617.68) 
POWERS OF GRAND JURY. Grand juries shall have inquisi- 
torial powers over offenses committed under sections 617.65 to 617.67. 
(617.69) 
LIQUORS IN SCHOOLHOUSES OR GROUNDS. Any per- 
son who shall introduce upon, or have in his possession upon, or in, any 
school ground, or any schoolhouse or school building, any spirituous or 
malt liquors, except for experiments in laboratories, shall be guilty of a 
misdemeanor, the minimum punishment whereof shall be a fine of 
$25.00, or imprisonment for ten days in the county jail. 
(617.70) 
SALE OF LIQUOR WITHIN ONE MILE OF CERTAIN 
INSTITUTIONS. Any person who shall sell any intoxicating liquor, 
or maintain a drinking place, within one mile of the university farm of 
the school of agriculture of the University of Minnesota, located in 
Ramsey county, Minnesota, on section 21, township 29, range 23 west, 
or shall aid or abet another in either of such acts, shall be guilty of a 
gross misdemeanor, and shall be punished, for the first offense, by a fine 
of not more than $100, or by imprisonment for not less than 60, nor 
more than 90, days; for each subsequent offense, by a fine of not less 
than $500, nor more than $1,000, or by imprisonment in the county jail 
for not less than six months, nor more than one year, or by both. 
(617.71) 
SALE OF LIQUOR OR CIGARETTES WITHIN 1,000 
FEET OF CERTAIN INSTITUTIONS. Any person who shall sell 
or dispose of any intoxicating liquor or cigarettes at retail, or who shall 
maintain or assist in maintaining any place where such articles or sub- 
jects of commerce are kept for sale or disposal, and any person who shall 
maintain any pool or billiard room or bowling alley, or any place of 
amusement where persons are permitted to assemble or loiter within 
1,000 feet of any of the following named state institutions: The St. 
Peter state hospital for the insane, the Rochester state hospital for the CHILD WELFARE 
165 
insane, the Fergus Falls state hospital for the insane, the first state asy- 
lum for the insane at Anoka, the second state asylum for the insane at 
Hastings, the state training school at Red Wing, the Minnesota home 
school for girls at Sauk Centre, the state reformatory at St. Cloud, the 
state prison at Stillwater, the state public school at Owatonna, the state 
sanatorium for consumptives at Walker, the hospital for crippled and 
deformed children at St. Paul, and the state hospital for inebriates at 
Willmar, shall be guilty of a gross misdemeanor; provided, that the pro- 
visions of this section shall not apply to any manufacturer of intoxicating 
liquors or drug store whose place of manufacture or business is at the 
time of the passage of this section located within 1,000 feet of any of the 
institutions herein named or the grounds thereof; provided, further, that 
the provisions of this section shall not apply to any person lawfully li- 
censed to sell intoxicating liquors, nor to the premises so licensed, located 
at the time of the passage of this section within 1,000 feet of any of the 
institutions herein named and the grounds and premises thereof. No 
license for the doing of any of the things herein prohibited shall be grant- 
ed by the governing body of any town, county, or municipality. 
(617.715) 
PEDDLING AND CANVASSING PROHIBITED ON 
SCHOOL GROUNDS; PENALTY. No person shall offer for sale, 
sell, or peddle any goods, wares, books, newspapers, magazines, or mer- 
chandise, insurance, course of instruction, or any other thing whatsoever, 
or canvas or take orders therefor, or solicit the endorsement of any goods, 
wares, books, newspapers, magazines, merchandise, insurance, or course 
of instruction, or other thing, or loiter for any of the purposes hereinbe- 
fore referred to in any public school building or upon any public school 
grounds not located within the limits of any city, village, or borough, 
whether or not such person has a license to offer for sale, sell, solicit, 
or canvass for such goods, wares, books, newspapers, magazines, merchan- 
dise, insurance, course of instruction, or any other thing; provided, this 
section shall not be construed as prohibiting the soliciting of or taking 
of such orders from, or making such sale to the school board or any mem- 
ber thereof, the board of education or any member thereof, or the super- 
intendent of schools. 
Any person violating the provisions of this section shall be guilty of 
a misdemeanor. 
(617.72) 
DISTRIBUTION OF CRIME LITERATURE AMONG 
MINORS. Subdivision 1. Prohibited. No person shall sell, lend, give 
away, show, advertise, or otherwise offer for loan, gift, sale, or distribu- 
tion to any minor under the age of 18 years, any book, pamphlet, maga- 
zine, newspaper, or other printed paper devoted to the publication or 
largely made up of criminal news, police reports, accounts of criminal 
deeds, or pictures or stories of deeds of bloodshed, lust, or crime; nor 166 
CHILD WELFARE 
shall any person hire, use, or employ a minor under the age of 18 years 
to sell or give away, or in any manner distribute, or permit any such 
minor in his custody or control to sell, give away, or in any manner dis- 
tribute, any material herein described. 
Subdivision 2. Penalty. Any person who violates any provision of 
this section is guilty of a misdemeanor. 
(617.73) 
CRUELTY TO CHILDREN. Every person who shall torture, 
torment, or cruelly or unlawfully punish any child under the age of 18 
years, or who shall commit any act of cruelty toward such child, shall 
be guilty of a misdemeanor. 
(617.74) 
UNLAWFUL CONFINEMENT OF FEEBLE-MINDED 
PERSONS; PENALTY. Every person who shall confine a lunatic, 
insane or feeble-minded person in any other manner or in any other place 
than is authorized by law, or who shall be guilty of harsh, cruel, or un- 
kind treatment of, or neglect of duty toward, any feeble-minded person, 
lunatic, or insane person under confinement, whether lawfully or un- 
lawfully confined, shall be guilty of a misdemeanor. 
(617.75) 
HABITUAL OFFENDERS IN CERTAIN CASES. Subdivi- 
sion 1. Habitual offenders. Every person who shall hereafter be guilty 
of being a vagrant or of unlawfully selling, giving to another, or using 
any drug or narcotic, or of any unlawful, lewd, or lascivious behavior 
or public indecency, or of any criminal offense against women or chil- 
dren, as defined in section 617.55 or 617.56, or of any misdemeanor or 
gross misdemeanor involving moral turpitude, who within the previous 
period of five years shall have been twice convicted in this state of one 
or more of the offenses hereinbefore named, shall be guilty of being an 
habitual offender. 
Subdivision 2. Penalty. Such person shall be punished for such 
third offense, if a woman, by imprisonment in the state reformatory for 
women, and, if a man between the ages of 18 and 30 years, by imprison- 
ment in the state reformatory at St. Cloud, and, if a man above the age 
of 30 years, by imprisonment in the state prison at Stillwater, for a term 
of not exceeding three years. 
Subdivision 3. Evidence. A duly certified copy of the record of a 
conviction and judgment of any court in this state against the person in- 
dicted or complained of shall be prima facie evidence of such former 
conviction, and may be used in evidence against such person. 
Subdivision 4. Prisoners subject to parole. Any person so com- 
mitted to the state reformatory for women, or the state reformatory at 
St. Cloud, or the state prison at Stillwater, shall be subject, except as CHILD WELFARE 
167 
herein otherwise provided, to parole and discharge by the state board of 
parole, as in the case of other persons subject to parole and discharge by 
that board. 
Subdivision 5. Examination as to disease. No person convicted 
hereunder shall be paroled or discharged until he shall have been first 
examined by a licensed physician and, if it appears that such person has 
a venereal or other infectious disease, the board of parole, in granting 
a parole or discharge, shall include in the conditions of the parole or 
discharge a condition requiring suitable medical treatment of such person 
by a duly licensed physician under supervision of the state board of 
health. 
(619.16) 
KILLING OF UNBORN CHILD OR MOTHER. Every per- 
son who shall wilfully kill an unborn quick child by an injury inflicted 
upon the person of its mother, and every person who shall provide, supply, 
or administer to a woman, whether pregnant or not, or who shall pre- 
scribe for, advise, or procure a woman to take any medicine, drug, or 
substance, or who shall use or employ, or cause to be used or employed, 
any instrument or other means, with intent thereby to procure the mis- 
carriage of a woman, unless the same is necessary to preserve her life, or 
that of the child with which she is pregnant, and the death of the woman, 
or that of any quick child of which she is pregnant, is thereby produced, 
shall be guilty of manslaughter in the first degree. 
(619.17) 
MANSLAUGHTER IN FIRST DEGREE; PENALTY. 
Manslaughter in the first degree shall be punished by imprisonment in 
the state prison for not less than five, nor more than 20, years. 
(619.34) 
KIDNAPPING, HOW PUNISHED. Every person who shall 
wilfully: 
(1) Seize, confine, or inveigle another, with intent to cause him, 
without authority of law, to be secretly confined or imprisoned within 
the state, or sent out of it, to be sold as a slave, or in any way held to 
service, or kept or detained against his will; 
(2) Lead, take, entice, or detain a child under the age of 16 years, 
with intent to keep or conceal him from his parents, guardian, or other 
person having lawful care or control of him, or to extort or obtain money 
or reward for his return or disposition, or with intent to steal any article 
from his person; or 
(3) Abduct, entice, or, by force or fraud, unlawfully take or 
carry away another, at or from a place without the state, or procure, 
advise, aid, or abet such abduction, enticing, taking, or carrying away, 
and shall afterwards send, bring, or keep such person, or cause him to be 
kept or secreted, within this state— 
Shall be guilty of kidnapping and punished by imprisonment in the 
state prison for not more than 40 years. PART VIII 
HOSPITALIZATION FOR INDIGENTS AND 
OTHERS UNABLE FINANCIALLY TO 
SECURE HOSPITAL CARE INDEX 
Page No. 
A— 
Hospitalization for Indigents 
261.21 County Board to provide hospitalization for indigent per- 
sons 173 
261.22 Application to be filed 173 
261.23 Costs of Hospitalization 175 
261.231 County Board may delegate certain powers 175 
B— Hospitalization at University of Minnesota Hospitals 
158.01 Established 175 
158.02 What patients may be treated; Research Work 175 
158.03 Officers to report cases needing hospital care 176 
158.04 Transportation of Patients; Payment for by County 177 
158.05 Actual cost to be charged patients 178 
158.06 Physicians and attendants not to charge for services 178 
158.07 Quarterly Report by Board of Regents 178 
158.08 Expenses paid by Counties 178 
158.09 County Board may act upon applications for treatment 
in the University of Minnesota Hospitals 179 
158.091 County Board may delegate certain powers to the County 
Welfare Board 179 
158.10 Discharge from Hospitals 179 
158.11 Inmates of State Institutions may be admitted 179 
158.12 Cooperation with other Hospitals 180 
158.13 Psychopathic Department of University of Minnesota 
Hospitals 180 
158.14 Duties of Department 181 
158.15 Shall be part of University of Minnesota Hospitals 181 
158.16 Board of Regents to appoint Medical Director 181 
158.17 Duties of Medical Director 181 
158.18 Who may be sent to Department 181 
158.19 Discharge; Transfer 182 PART VIII 
HOSPITALIZATION FOR INDIGENTS AND 
OTHERS UNABLE FINANCIALLY TO 
SECURE HOSPITAL CARE 
A— 
Hospitalization for Indigents 
(261.21) 
COUNTY BOARD TO PROVIDE HOSPITALIZATION 
FOR INDIGENT PERSONS. The county board of any county in 
this state is hereby authorized to provide for the hospitalization in hos- 
pitals within the county or elsewhere within the state of indigent resi- 
dents of such county who are afflicted with a malady, injury, deformity, 
or ailment of a nature which can probably be remedied by hospitalization 
and who are unable financially to secure and pay for such hospitaliza- 
tion or, in the case of a minor, whose parent, guardian, trustee, or other 
person having lawful custody of his person, as the case may be, is unable 
to secure or provide such hospitalization. 
(261.22) 
APPLICATION TO BE FILED. Subdivision 1. Duties of of- 
ficials. When the existence of a case described in section 261.21 shall 
come to the notice of the sheriff, town clerk, health officer, public health 
nurse, peace officer, public official, or physician or surgeon it shall be 
his duty to, and any other person may, file with the auditor of the county 
of the residence of such indigent person requiring care an application for 
the hospitalization of such indigent person. Such application shall be 
made in such form as the county board of such county may prescribe, 
and shall contain the name, age, residence, and physical condition of the 
person sought to be hospitalized and shall contain also a full statement 
of his financial situation and of the persons, if any, legally charged with 
his care and support and such application shall be verified. The county 
board shall make a careful investigation of the matter in such manner as 
it shall deem advisable and expedient and it shall be the duty of any pub- 
lic official of any county, city, village, or town of the residence of the 
person sought to be hospitalized to supply the county board on a request 
therefor all the information within his knowledge relative to the finan- 
cial condition of the person sought to be hospitalized and of all persons, 
if any there be, who are legally liable for the support of such person. If 
after such investigation the county board shall be satisfied that the per- 
son on whose behalf the application is made is not financially able to 
provide himself with such hospitalization or in case of a minor, his par- 
ents, guardians, trustee, or other person having legal custody over him 
or legally responsible for his support and maintenance is not financially 
able to provide such hospitalization, then said county board shall direct 174 
HOSPITALIZATION FOR INDIGENTS 
the county physician or some other physician to make an examination of 
the person on whose behalf such application was made. Such physician 
shall make and file with the county board a verified report in writing 
setting forth the nature and history of the case and such other informa- 
tion as will likely aid in the medical and surgical treatment, of the dis- 
ease, malady, injury, deformity, or ailment affecting such person, and 
shall state in such report his opinion whether or not the condition of such 
person can probably be remedied at a hospital. Such report shall be made 
in duplicate, one copy of which shall be filed with the county auditor 
and the other shall be transmitted to the hospital at which such afflicted 
person is hospitalized; such report shall also give any information the 
examining physician shall have or acquire relative to the financial ability 
of the afflicted person to pay for the hospitalization and treatment of 
his disease, malady, injury, deformity, or ailment, together with any other 
information such physician may deem helpful to the county board or the 
physician attending him. 
Subdivision 2. Duties of county board. If upon filing of such 
report and a full investigation of the application the county board shall 
be satisfied that the case is one which could be remedied by hospital treat- 
ment and that such afflicted person is financially unable to secure or 
provide the same for himself and that the persons legally charged with 
the support and maintenance of such person, if any there be, are finan- 
cially unable to provide such hospitalization, the county board may grant 
or approve said application. If the county board is not so satisfied, it may 
take additional testimony or make such further investigation as it shall 
deem proper and it shall reject any application if it finds that the facts 
do not merit the expenditure of public money for the relief of such af- 
flicted person. Upon the approving and granting such application and 
the relief therein prayed for, the chairman of such county board shall 
arrange for the hospitalization of such afflicted person. If the county 
board shall find that the applicant or the person legally responsible for 
his support and maintenance is not able to pay in full but is able to pay 
in part for such hospitalization at such hospital, the county board may 
approve such application of such afflicted person on such terms of divi- 
sion of hospital charges and costs as it may deem equitable and just. The 
county board shall provide for taking such afflicted person to the hospi- 
tal. When a physician certifies that an emergency exists in any case and 
that he believes that the person suffering is unable to pay for hospitaliza- 
tion such person shall be admitted to any such hospital upon the order 
of the chairman of the county board or upon the order of the county 
commissioner of the district in which such alleged indigent person re- 
sides ; and thereafter an investigation shall be made in the manner herein- 
before provided. When a physician certifies in a case of an injury (or an 
emergency) that immediate surgical or medical treatment is necessary, HOSPITALIZATION FOR INDIGENTS 
175 
the patient shall forthwith be admitted to any such hospital upon said 
certificate for a period not to exceed 72 hours; and thereafter an in- 
vestigation shall be certified and made in the manner provided in sections 
261.21 to 261.23. 
(261.23) 
COSTS OF HOSPITALIZATION. The costs of hospitalization 
of such indigent persons exclusive of medical and surgical care and treat- 
ment shall not exceed in amount the full rates fixed and charged by the 
Minnesota general hospital under the provisions of sections 158.01 to 
158.11 for the hospitalization of such indigent patients. The cost of the 
hospitalization of indigent persons under the provisions of sections 261.21 
to 261.23 shall be paid by the county of the residence of such indigent 
persons at such times as may be provided for in such contract; and in 
case of an injury or emergency requiring immediate surgical or medical 
treatment, for a period not to exceed 72 hours, the cost shall be paid by 
the county from which such patient, if indigent, is certified. If the county 
of residence of the patient is not the county in which the patient has 
legal settlement for the purposes of poor relief, then the county of resi- 
dence may seek reimbursement from the county in which the patient has 
settlement for the purposes of poor relief for all costs it has necessarily 
incurred and paid in connection with the hospitalization of said patient. 
(261.231) 
COUNTY BOARD MAY DELEGATE CERTAIN POW- 
ERS. The county board of any county in this state is hereby authorized 
to delegate to the county welfare board of such county all the rights, 
powers, and duties conferred upon it by Laws 1941, Chapter 473, with 
reference to the hospitalization of indigent persons. 
B— 
Hospitalization at University of Minnesota Hospitals 
(158.01) 
ESTABLISHED. The hospitals now and hereafter established in 
connection with the medical school of the University of Minnesota shall 
be known as the University of Minnesota hospitals. The student infirm- 
ary, the university dispensary, and the Elliot Memorial building shall 
be parts of the University of Minnesota hospitals. 
(158.02) 
WHAT PATIENTS MAY BE TREATED; RESEARCH 
WORK. The University of Minnesota hospitals shall be primarily and 
principally designed for the care of legal residents of Minnesota who 
are afflicted with a malady, deformity, or ailment of a nature which can 
probably be remedied by hospital service and treatment and who are un- 
able, financially, to secure such care; or, in case of a minor, whose parent, 
guardian, trustee, or other person having lawful custody of his person, 
as the case may be, is unable financially to secure such care. The Uni- 
versity of Minnesota hospitals are hereby designated as places of treat- 176 
HOSPITALIZATION FOR INDIGENTS 
ment for such persons. 
The hospitals shall be utilized for such instruction and for such 
scientific research as will promote the welfare of the patients committed 
to their care and assist in the application of science to the alleviation of 
human suffering. 
(158.03) 
OFFICERS TO REPORT CASES NEEDING HOSPITAL 
CARE. When the existence of a case described in section 158,02 shall 
come to the notice of the sheriff, town clerk, health officer, public health 
nurse, policeman, or any other public official, or any physician or sur- 
geon, it shall be his duty to, and any other person may, file with the 
board of county commissioners of the county of the residence of such 
person an application for the treatment of such person at the University 
of Minnesota hospitals. 
Such application shall be made in duplicate on blanks to be furnish- 
ed by the University of Minnesota hospitals and contain a full state- 
ment of the financial situation of the person sought to be treated and a 
general statement of his physical condition and shall be verified. Upon 
the filing of such application, the board of county commissioners shall 
make investigation in such manner as it shall deem advisable, and it shall 
be the duty of any public official of any county, city, town, village, or 
ward of the residence of the person sought to be treated to supply to the 
county board, on request thereof, all information within his knowledge 
relative to the financial situation of the person sought to be treated. If, 
after such investigation, the county board shall be satisfied that the per- 
son on whose behalf the application is made is not financially able to 
provide himself with such treatment; or, in case of a minor, that his par- 
ent, guardian, or trustee, in representative capacity, or the person having 
legal custody over him or legally responsible for his support or mainten- 
ance, is not financially able to provide such treatment, then the county 
board shall appoint a physician of the county whose duty shall be person- 
ally to make an examination of the person on whose behalf the applica- 
tion for treatment has been filed. The physician shall thereupon make 
and file with the county board a verified report in writing setting forth 
the nature and history of the case and such other information as will 
be likely to aid in the medical or surgical treatment of the disease, mala- 
dy, deformity, or ailment affecting the person and state in the report 
whether or not in his opinion the condition of such person can probably 
be remedied at a hospital. The report of the physician shall be made in 
duplicate within such time as the county board may direct upon blanks 
to be furnished by the University of Minnesota hospitals for that pur- 
pose. The report shall include any information within the knowledge 
of the physician relative to the financial situation of the person proposed 
to be treated. The physician appointed to make the examination, unless 
he is already a salaried officer of the state or some division thereof, shall HOSPITALIZATION FOR INDIGENTS 
177 
receive $5.00 for making the examination and, in any case, his actual 
and necessary expenses; which fee and expenses shall be paid by the coun- 
ty of residence of the patient; and it shall be the duty of the board of 
county commissioners to provide for such payment. 
If, upon filing of the report, the county board shall be satisfied that 
the case is one which should be treated at the University of Minnesota 
hospitals and that the person to be treated, or his parent, guardian, trus- 
tee, or other person having legal custody of his person, in case of a minor, 
is not financially able to provide such person with proper treatment, the 
county board shall enter an order finding such facts. In case the county 
board is not so satisfied, it may take additional testimony or make such 
further investigation as to it shall seem proper. The county board may re- 
ject any application which is found to be without sufficient merit. Upon 
the entry of the order of the county board approving the application, it 
shall communicate with the superintendent of the University of Minneso- 
ta hospitals and ascertain whether or not the applicant can be received as 
a patient. If the University of Minnesota hospitals can receive such ap- 
plicant, the county board shall thereupon certify its approval of the ap- 
plication to the hospitals. One copy of the application and the phyisician’s 
report shall be sent to the superintendent of the hospitals. 
If the county board should find that an applicant or the person le- 
gally responsible for him is able to pay, in part but not in full, for care at 
the University of Minnesota hospitals at the rate to be charged as de- 
termined in section 158.05, the county board may approve the application 
of the patient on such terms of division of hospital charges as it may 
deem equitable and just. 
TRANSPORTATION OF PATIENTS; PAYMENT FOR 
BY COUNTY. Upon approval of such application, if the patient is un- 
able to travel alone, the board of county commissioners may appoint 
a suitable official or person to take the patient to the University of Min- 
nesota hospitals and such person shall receive his actual and necessary 
expenses; and, if not a salaried officer of the state, or any subdivision 
thereof, shall receive $3.00 per day for the time actually and necessarily 
consumed in transporting the patient to the hospital and returning. The 
traveling expenses of the patient, the per diem and expenses of the per- 
son appointed to accompany him, and one-half of the expense charged 
against the patient while an inmate of the hospital shall be paid by the 
county of residence of the patient and it shall be the duty of the board 
of county commissioners to provide for such payment. 
If the county of residence of the patient is not the county in which 
the patient has legal settlement for the purposes of poor relief, then the 
county of residence may seek reimbursement from the county in which 
the patient has settlement for the purposes of poor relief for all costs it 
has necessarily incurred and paid in connection with the hospitalization 
(158.04) 178 
HOSPITALIZATION FOR INDIGENTS 
of said patient. 
(158.05) 
ACTUAL COST TO BE CHARGED PATIENTS. The Uni- 
versity of Minnesota hospitals shall treat patients admitted on certificate 
of the board of county commissioners of any county at rates based on ac- 
tual cost, as determined by the board of regents of the University of Min- 
nesota. Any resident of the state, upon a proper showing to the board of 
regents of the University of Minnesota that he is unable to pay ordinary 
physician’s fees and hospital charges, may be received upon paying the 
same rate as charged for county patients. It shall be the duty of the 
board of regents to investigate applications made for such treatment un- 
der this section; and, if satisfied of the truth of the allegations made and 
of the necessity for treatment, the board of regents shall admit such 
patients when there is room in the hospitals. 
Students of the University of Minnesota and such other patients 
as the board of regents, to an extent that will not interfere with the pri- 
mary purpose of the hospitals, as set forth in section 158.02, may direct, 
may be received in the hospitals when there is room and any fees re- 
ceived from such patients shall be used for the purposes of the hospitals. 
(158.06) 
PHYSICIANS AND ATTENDANTS NOT TO CHARGE 
FOR SERVICES. No compensation shall be charged or received by any 
officer of the University of Minnesota hospitals, or by any physician, 
surgeon, or nurse in their employment, who shall treat or care for any 
patient in the hospitals, other than the compensation provided for such 
persons by the board of regents of the University of Minnesota. 
(158.07) 
QUARTERLY REPORT BY BOARD OF REGENTS. The 
board of regents of the University of Minnesota shall file a verified quar- 
terly report with the state auditor containing an itemized statement of 
the expense charged against each patient received on certification of any 
board of county commissioners, together with the name of the county 
from which the patient was certified, and a statement of any sums paid 
by the patient, or by any person in his behalf. 
(158.08) 
EXPENSES PAID BY COUNTIES. The state auditor shall 
audit the quarterly reports submitted by the board of regents and draw 
his draft for the proper amount against each county from which expense 
charges are due and deliver it to the treasurer for collection. The treas- 
urer shall notify the auditor of each county against whom a draft has 
been issued of the amount due. Upon receipt of such notice the county 
auditor shall issue his warrant on the poor fund for the amount due, ex- 
cept that in any county now or hereafter caring for the poor under a 
county poor commission, the notice shall be given to the county poor com- 
mission, which shall issue its warrant on the poor fund of the county HOSPITALIZATION FOR INDIGENTS 
179 
for the amount due. The warrant shall be delivered to the county treas- 
urer, who shall, if funds are available, issue his check payable to the state 
treasurer for the amount of the warrant. If no funds are available in the 
poor fund for the payment of the warrant, it shall be registered. The 
check or registered warrant shall be mailed to the state treasurer. All 
payments hereunder shall be credited to the revenue fund. 
(158.09) 
COUNTY BOARD MAY ACT UPON APPLICATIONS 
FOR TREATMENT IN THE UNIVERSITY OF MINNESO- 
TA HOSPITALS. The several boards of county commissioners in the 
state and any members of such a board may receive, investigate, and act 
upon applications for treatment in the University of Minnesota hospitals. 
(158.091) 
COUNTY BOARD MAY DELEGATE CERTAIN POW- 
ERS TO THE COUNTY WELFARE BOARD. The county board 
and the several members thereof of any county in this state are hereby 
authorized to delegate to the county welfare board of each county all 
the rights, powers, and duties conferred upon it and them by sections 
158.01 to 158.12, with reference to the hospitalization of indigent per- 
sons. 
(158.10) 
DISCHARGE FROM HOSPITALS. When, in the opinion of 
the superintendent of the University of Minnesota hospitals, any patient 
should be discharged therefrom as cured, or as no longer needing treat- 
ment, or for the reason that treatment cannot benefit his case, the super- 
intendent shall discharge the patient. If the patient is a county patient 
and is unable to return to his place of residence alone, the superintendent 
shall appoint some suitable person to accompany the patient from the 
hospital to his place of residence. Such person shall receive his actual 
and necessary expenses; and, if not a salaried officer of the state, or any 
political subdivision thereof, shall receive in addition $3.00 per day for 
the actual time necessarily consumed. The traveling expenses of all coun- 
ty patients and the per diem and expenses of the person appointed to ac- 
company the patient shall be part of the legitimate expenses of caring 
for such patients in the University of Minnesota hospitals, and as such 
included by the superintendent in his monthly bill to the state auditor, 
provided for in section 158.07. 
(158.11) 
INMATES OF STATE INSTITUTIONS MAY BE AD- 
MITTED. The director of public institutions may make application to 
the board of regents of the University of Minnesota for the admission 
to the University of Minnesota hospitals of any inmate of any state in- 
stitution under the director of public institutions, or any person com- 
mitted to or applying for admission thereto, who is afflicted with any 
disease, malady, deformity, or ailment which can probably be remedied, 
or which can be advantageously treated by proper medical or surgical 180 
HOSPITALIZATION FOR INDIGENTS 
care at the University of Minnesota hospitals. The application shall be 
accompanied by the report of the physician of the institution or by a 
physician appointed by the director of public institutions in the same 
form as reports of other physicians for admission of patients to the hos- 
pitals. The superintendent of the University of Minnesota hospitals shall 
decide whether the patient may be received by the hospitals; and, if re- 
ceived, when he shall be discharged or returned to the institution from 
which he came. The director of public institutions shall pay the board 
of regents of the University of Minnesota for the treatment of such 
patients at the same rate charged for county patients and the expense of 
such treatment and of transporting the patient to and from the Universi- 
ty of Minnesota hospitals shall be paid out of the appropriation for oper- 
ation of the institution from which the patient is sent. The director of 
public institutions may when necessary send an attendant with, or bring 
back, the patient and pay for traveling expenses in like manner. 
(158.12) 
COOPERATION WITH OTHER HOSPITALS. The Uni- 
versity of Minnesota hospitals shall, upon request of proper authorities, 
cooperate with any county hospital or sanatorium established under ex- 
isting statutes or any hospital supported, in whole or in part, by public 
funds. The superintendent of the University of Minnesota hospitals 
shall, upon request, advise the county commissioners, or others in control 
of such existing or proposed county or other hospital or sanatorium, in 
regard to the survey of the hospital needs of the county and in regard 
to location, buildings, equipment, or other matters pertaining to hospitals. 
It shall be the duty of the members of the staff of the hospitals, on re- 
quest, to assist or advise, so far as circumstances permit, such county or 
other hospital or sanatorium in the medical or surgical care of patients, 
in X-ray and laboratory diagnosis or in any other matter contributing 
to the efficiency of such hospital or sanatorium and, so far as possible, 
to furnish internes and other personnel. 
No employee of the University of Minnesota shall receive any com- 
pensation for such advice or service other than that paid him by the 
board of regents, except that actual expenses incurred in rendering such 
advice or service may be paid. 
(158.13) 
PSYCHOPATHIC DEPARTMENT OF UNIVERSITY OF 
MINNESOTA HOSPITALS. An institution to be known as the psy- 
chopathic department of the University of Minnesota hospitals is hereby 
established. It shall be erected, equipped, maintained, and administered 
for the care, observation, study, and treatment of defective persons, as 
defined in existing statutes, and of such other persons as are afflicted or 
supposed to be afflicted with any other abnormal mental condition. It 
may conduct an out-patient service for the diagnosis, care, and treatment 
of cases less pronounced in type than those thought proper for hospital HOSPITALIZATION FOR INDIGENTS 
181 
residence. It may conduct clinics, investigate conditions, or conduct edu- 
cational work in regard to mental disease and mental hygiene in any 
part of the state. Persons who are addicted to the use of habit-forming 
drugs shall be proper patients for admission to and treatment in the psy- 
chopathic department. 
(158.14) 
DUTIES OF DEPARTMENT. The psychopathic department, 
in all matters relating to the commitment, custody, guardianship, care, 
and control of defective persons, shall be governed by the statutes per- 
taining to such persons and all powers granted by law to the director of 
public institutions and the director of social welfare in regard to such 
persons shall apply to them in the hospital, subject to the provisions con- 
tained in sections 158.15 to 158.19. 
(158.15) 
SHALL BE PART OF UNIVERSITY OF MINNESOTA 
HOSPITALS. The psychopathic department shall be a part of the Uni- 
versity of Minnesota hospitals system and under the same organization 
and administration. 
(158.16) 
BOARD OF REGENTS TO APPOINT MEDICAL DIREC- 
TOR, The board of regents of the University of Minnesota shall ap- 
point a medical director of the psychopathic department and such other 
officers and employees as may be necessary for its proper conduct. 
(158.17) 
DUTIES OF MEDICAL DIRECTOR. The medical director 
shall supervise and direct the medical care and treatment of all patients 
in the psychopathic department; carry on and direct investigations into 
the nature, causes, and cure of abnormal mental conditions; ask for, and 
be entitled to receive, the cooperation of all experts in the employ of the 
University of Minnesota, such as physicians, surgeons, pathologists, psy- 
chologists, sociologists, and X-ray specialists; seek to bring about systema- 
tic cooperation between the psychopathic department and all state insti- 
tutions under the jurisdiction of the director of public institutions, so 
far as these institutions may have in their custody defective persons or 
persons afflicted or supposed to be afflicted with any other abnormal 
mental condition; visit from time to time these institutions upon request 
of the respective superintendents thereof or upon request of the director 
of public institutions and the director of social welfare; and may advise 
the medical officers of these institutions, or the director of public institu- 
tions and director of social welfare, or any court, on request, in subjects 
relating to abnormal mental conditions. 
WHO MAY BE SENT TO DEPARTMENT. Any defective 
person may be sent to, committed to, or received by, the psychopathic de- 
partment in the same manner and form and for the same causes as such 
(158.18) 182 
HOSPITALIZATION FOR INDIGENTS 
person would be sent to, committed to, or received by, any institution un- 
der the director of public institutions. It shall be in the discretion of any 
court acting in accordance with existing statute, or in the discretion of 
the director of public institutions, to send any person to the psychopathic 
department instead of some other institution to which such person would 
be sent under existing statute. The psychopathic department is designated 
as a place of temporary detention to which, under existing statute, any 
probate judge may send defective persons for temporary detention. The 
director of public institutions shall have authority to transfer any patient 
or inmate from any institution under his control to the psychopathic de- 
partment for observation and treatment or for medical and surgical care 
and treatment under the staff of the University of Minnesota hospitals. 
Persons not defective but who are afflicted or supposed to be afflict- 
ed with any abnormal condition may be admitted to the psychopathic 
department under such rules as the board of regents may adopt. 
In every case the consent of the superintendent of the University 
of Minnesota hospitals shall be obtained before any patient is sent to, 
transferred to, or received by, the psychopathic department. 
(158.19) 
DISCHARGE; TRANSFER. When, in the judgment of the 
superintendent of the University of Minnesota hospitals any defective in 
the psychopathic department should be discharged from the hospitals the 
superintendent shall inform the director of public institutions, who shall 
immediately order the patient to be sent to the proper institution for 
such patient. The medical director of the psychopathic department shall 
furnish the institution to which a patient is transferred, or the director 
of public institutions, on request, or the proper court, on request, with 
full information and advice concerning the patient. The expense of trans- 
ferring patients for study and treatment to and from the psychopathic 
department shall be a proper charge upon the counties as under existing 
statutes or upon institutions under the director of public institutions 
from which or to which patients may be removed, under such rules 
as the director of public institutions may prescribe. The expense of trans- 
ferring patients for study and research purposes shall be a proper charge 
upon the psychopathic department under such rules as the board of re- 
gents may prescribe. The superintendent of the University of Minnesota 
hospitals may discharge any voluntary patient in the psychopathic depart- 
ment or may take steps to secure commitment and transfer of such a 
patient when in the judgment of the superintendent the patient should 
be discharged from the psychopathic department. PART IX 
CARE OF CONSUMPTIVES IN STATE AND 
COUNTY SANATORIA AND AFTER 
DISCHARGE THEREFROM INDEX 
Page No, 
251.01 Buildings; Superintendent 187 
251.02 Persons Admitted 187 
251.03 Treatment in State or County Sanatorium of Necessitous 
or Needy Persons Ineligible for Admission to County 
Sanatoriums 187 
251.04 Employees in State Institutions to be placed in Sanatorium 188 
251.05 Employees may receive benefits 188 
251.06 Hospitals Built and Maintained 188 
251.07 General Hospital and Sanatorium may operate in con- 
junction 191 
251.08 After Care of Tuberculous Patients 191 
251.09 Medical and Supplemental Care 191 
251.10 Duties of State Agency 191 
251.11 Rules 192 
251.12 Needs of patients determined by County Agency 192 
251.13 Medical and Supplemental Care, to Whom Given 193 
251.14 Funds not Transferable 193 CARE OF CONSUMPTIVES IN STATE AND 
COUNTY SANATORIA AND AFTER 
DISCHARGE THEREFROM 
(251.01) 
BUILDINGS; SUPERINTENDENT. From the moneys ap- 
propriated for the purpose, the director of public institutions shall erect 
and equip buildings suitable for the care of consumptives upon the site 
heretofore acquired therefor. All plans for buildings must be approved 
by the director. The director shall appoint a licensed physician to be 
superintendent of the sanatorium. He shall have entire charge of the 
administration thereof, and, subject to the civil service provision, appoint 
all employees, fix their compensation, pass upon the admission and dis- 
charge of patients, supervise their treatment, and keep such books and 
records as the director of public institutions may require. 
(251.02) 
PERSONS ADMITTED. Only persons who have resided in the 
state throughout the year preceding application, exclusive of the time 
spent in a hospital or sanatorium, and who are afflicted with incipient 
pulmonary tuberculosis shall be received into the sanatorium. Persons 
desiring admission shall apply to the superintendent, and all applications 
shall be numbered in the order of receipt. When a vacancy exists the 
superintendent shall give to the person whose name is first upon the list 
an order for examination directed to any examining physician. The direc- 
tor of public institutions shall appoint such physicians, not exceeding 
three for each county, whose fee for examination shall be $3.00, payable 
out of funds appropriated for the sanatorium. The examiner shall de- 
termine whether the applicant is afflicted, as aforesaid, and report his 
conclusion to the superintendent. The director of public institutions shall 
fix the amounts to be charged for maintenance and treatment. A person 
unable to pay such charges and without kindred legally liable therefor 
and able to pay may be admitted on request of his county board, and the 
charges shall be paid by the county. 
In all counties in this state now or hereafter having a population of 
over 20,000 and maintaining a county tuberculosis sanatorium, the coun- 
ty sanatorium commission shall have the same powers with reference 
to tubercular persons as county boards under this section, and the charg- 
es for their care shall be paid by the county sanatorium commission out 
of its funds. 
(251.03) 
TREATMENT IN STATE OR COUNTY SANATORIUM 
OF NECESSITOUS OR NEEDY PERSONS INELIGIBLE FOR 
ADMISSION TO COUNTY SANATORIUMS. When, after an 
investigation, the director of social welfare finds that a person is afflicted 188 
CARE OF CONSUMPTIVES 
with tuberculosis and is in need of treatment in a sanatorium and that 
such person is in necessitous or indigent circumstances and unable to sec- 
ure admission in any existing county sanatorium by reason of the fact that 
such person has not resided a sufficient length of time in any one county 
of the state, then and in such case, the director shall apply for the admis- 
sion of such person either to the state sanatorium for consumptives, or to 
some county sanatorium in the state and the director shall pay out of his 
appropriations for the maintenance of county sanatoria funds to the sana- 
torium where such person may be received, the same fee for the main- 
tenance and care of such person as is received by a county sanatorium 
for the maintenance and treatment of a non-resident. Time spent in a 
hospital or sanatorium within the state shall not be considered in deter- 
mining residence. 
(251.04) 
EMPLOYEES IN STATE INSTITUTIONS TO BE PLAC- 
ED IN SANATORIUM. If, upon the evidence produced at the hear- 
ing mentioned in section 246.29, the industrial commission finds that 
such employee is suffering from tuberculosis contracted in the institution 
by contact with tuberculous inmates therein, it shall order the director 
of the division of public institutions to apply for the admission of the 
employee to the state sanatorium for consumptives or some county tuber- 
culosis sanatorium. The department of social security shall pay, out of 
funds heretofore or hereafter appropriated for aid to or maintenance of 
county tuberculosis sanatoria, to the state sanatorium for consumptives 
or the county tuberculosis sanatorium where the patient may be received, 
the same fee for the maintenance and care of such person as is received 
by the state sanatorium for consumptives or the county tuberculosis sana- 
torium for the maintenance and treatment of a non-resident patient. The 
industrial commission shall order payment to such employee from the 
state compensation revolving fund two-thirds of his salary not to ex- 
ceed $20 per week during the period of his disability, not to exceed 125 
weeks. All such compensation payments made from the state compensa- 
tion revolving fund shall be reimbursed by the department of social sec- 
urity in the same manner as now required of other state departments by 
law. 
EMPLOYEES MAY RECEIVE BENEFITS. All employees of 
state institutions under the direction of the division of public institutions 
who are now receiving benefits under Laws 1939, Chapter 116, shall 
continue to receive such benefits and, in addition thereto, shall, beginning 
with May 1, 1941, be paid compensation with the same limitations as 
employees of such institutions who become beneficiaries of Laws 1941, 
Chapter 479. 
(251.05) 
(251.06) 
HOSPITALS BUILT AND MAINTAINED. Subdivision 1. CARE OF CONSUMPTIVES 
189 
Group of counties may build. In addition to the authority to erect 
and maintain and assist hospitals conferred upon individual counties by 
sections 376.01 to 376.06 and 376.09, the boards of county commission- 
ers in any group of counties shall have and are hereby given power to 
acquire lands, to purchase or erect buildings, and to equip and maintain 
the same for general hospital purposes. 
Subdivision 2. Procedure. The procedure for the cooperation of a 
group of counties in building and maintaining such a hospital shall be as 
stated in subdivisions 3 to 8 hereof. 
Subdivision 3. Action of county boards. The preliminary step 
shall be a majority vote of the county commissioners of each county of 
the cooperating group of counties in favor of the establishment of such 
hospital, the place of its location, the approximate amount (hereinafter 
to be known as the “cost”) to be expended for the purchase of a site and 
erection of buildings and the apportionment of such costs among the 
several counties of the group. 
Subdivision 4. Share of cost raised by tax levy. If the share of 
the cost to be paid by any county shall not exceed the sum that may be 
raised by a tax levy of not to exceed one mill on the dollar of the taxable 
property of such county, it shall be lawful for the county commissioners 
of the county to order a tax to pay its share of the cost of such hospital; 
and the tax shall be levied, extended, and collected in the same manner 
as other county taxes are levied, extended, and collected, and shall be 
used for no other purpose than that for which it was authorized and 
collected. 
Subdivision 5. Share of cost raised by bonds. When such share 
of the cost to be paid by any county shall exceed the sum indicated in 
subdivision 4 hereof or when it is necessary to issue bonds of any county 
to defray its share of the cost of such hospital, or when in any case the 
county commissioners shall deem it desirable, then the question of (1) 
whether such hospital shall be established and (when necessary) (2) 
whether bonds shall be issued to defray such county’s proportion of the 
cost thereof shall be submitted to the voters of such county; and the hos- 
pital shall not be established nor bonds issued therefor unless a majority 
of the voters of. such county vote in favor of each question submitted to 
them. The manner of voting shall be as indicated in the existing statutes 
governing the establishment of tuberculosis sanatoria in counties or 
groups of counties. The board of county commissioners of a county is 
authorized to levy a tax to pay interest and principal of any bonds author- 
ized hereunder by the voters of the county as the same shall become due 
and payable. The tax shall be levied, extended, and collected in the same 
manner as other county taxes are levied, extended, and collected and 
used for no other purpose than that for which it was authorized and 190 
CARE OF CONSUMPTIVES 
collected. 
Subdivision 6. County hospital building fund. The sums col- 
lected by taxation or sale of bonds under subdivisions 4 or 5 hereof shall 
be paid into the county treasuries of the respective counties of the co- 
operating group of counties and, in each case, kept in a separate fund 
to be known as the county hospital building fund. 
Subdivision 7. County hospital commission. Upon the prelimi- 
nary decision under subdivision 3 hereof to establish and maintain a hos- 
pital under sections 158.01 to 158.12, 251.06 and 251.07 there shall be 
established a commission to be known as the county hospital commission. 
This commission shall consist of three residents of the county in which 
the hospital is to be located, chosen by the county commissioners of the 
county for a term of three years from the first of July next succeeding 
such choice or until their successors are chosen, one commissioner shall 
be chosen annually, and of two residents from each other county of the 
cooperating group of counties, chosen likewise by their respective county 
commissioners for a term of two years from the first of July next suc- 
ceeding such choice or until their successors are chosen, one commissioner 
shall be chosen annually in each county. These commissioners shall serve 
without compensation but may be reimbursed for actual expenses incur- 
red by them in connection with their official duties. 
This commission shall have power to purchase real estate, to erect 
and equip buildings for hospital purposes; and shall have full charge 
and control of the operation and management of such county hospital. 
It may, when deemed necessary, employ a competent superintendent who 
shall be the executive officer of the hospital and act as secretary of the 
county hospital commission. One member of the commission shall be 
elected annually by the commission as its president. The treasurer of the 
county in which the hospital is located shall be the treasurer of the county 
hospital commission. He shall pay out of the funds of the hospital com- 
mission on properly authenticated vouchers of the hospital commission 
signed by its president and secretary. 
The county hospital commission is empowered to accept as a trust 
any gift, donation, or endowment from any source, whether subject to 
special provisions of the donors or not; and such gifts, donations, or en- 
dowments shall be placed to the credit of the county hospital fund in the 
treasury of the county in which the hospital is located and disbursed, as 
to principal or income as the donors may have indicated, by the county 
hospital commissioners. 
Subdivision 8. Funds paid to treasurer of county hospital 
commission. When the county hospital commission is satisfied that 
each county in the cooperating group of counties has collected its share 
of the cost of the hospital it shall so certify to the county commissioners CARE OF CONSUMPTIVES 
191 
of each county, who shall thereupon order the county treasurer to pay 
over to the treasurer of the county hospital commission the county hos- 
pital building fund in the possession of such county treasurer. The county 
hospital commission shall thereupon proceed to erect such hospital and 
to carry it on. 
(251.07) 
GENERAL HOSPITAL AND SANATORIUM MAY OP- 
ERATE IN CONJUNCTION. It shall be lawful, with the consent 
of the director of social welfare, for any county or any group of counties 
which has or which may hereafter erect a tuberculosis sanatorium in ac- 
cordance with existing statute, to erect in conjunction therewith or in 
the neighborhood thereof a general hospital and to conduct the two in- 
stitutions under a common management and under one commission to 
be known as the county hospital and sanatorium commission. 
(251.08) 
AFTER CARE OF TUBERCULOUS PATIENTS. The medi- 
cal and other supplemental care of tuberculous persons discharged from 
county or state sanatoria who are in need and whose physical or other 
conditions or disabilities associated with their disease make inadvisable 
their return immediately to their former activities or regular employment, 
is hereby declared to be a special matter of the state’s concern and a 
necessity in promoting the public welfare. To provide medical and other 
supplemental care to such persons in order to prevent their further break- 
down after sanatorium care, a state-wide program of after care for tu- 
berculous patients discharged from county and state sanatoria is hereby 
established. 
(251.09) 
MEDICAL AND SUPPLEMENTAL CARE. When used in 
sections 251.08 to 251.14 the term “medical and supplemental care” 
means the services rendered to such discharged tuberculous patients, as 
defined in section 251.08. The sum herein appropriated shall be used 
only for the expenses incurred in travel to and from the sanatoria. This 
type of medical care shall be determined in accordance with rules and 
regulations established by the state agency, which shall require an ex- 
amination at the sanatoria at such times as the superintendent of such 
sanatoria shall determine. In event a doctor of medicine selected by the 
patient certifies that preliminary examination indicates need for emer- 
gency examination, not otherwise ordered by the medical officer in charge 
of the sanatoria, such examination shall be ordered as prescribed by the 
rules and regulations established. 
(251.10) 
DUTIES OF STATE AGENCY. The state agency shall: 
(1) Supervise the administration of medical and supplemental care 
under the provisions of sections 251.08 to 251.14; 
(2) Formulate and adopt all necessary rules and regulations for 192 
CARE OF CONSUMPTIVES 
carrying out and enforcing the provisions of sections 251.08 to 251.14 
to the end that medical and supplemental care for patients coming within 
their provisions may be administered uniformly throughout the state; 
(3) Prescribe the form of, print, and supply to the various county 
agencies throughout the state blanks, reports, and such other forms and 
documents as it may deem necessary or advisable; 
(4) Prescribe and maintain a uniform system of fiscal reporting 
for, and accounting of, all expenditures under sections 251.08 to 251.14; 
(5) Prepare and print within a reasonable time after the close of 
each fiscal year a full and complete report for the year giving an account 
of the operation of sections 251.08 to 251.14, the expenditure of all funds 
thereunder, and adequate statistical data relative to the patients benefit- 
ing by the provisions thereof, and the nature and type of the treatment 
given thereunder; 
(6) Reimburse to each county agency making expenditures under 
and pursuant to the provisions of sections 251.08 to 251.14 such sums, 
quarterly, as the county agencies may have expended pursuant to the 
rules and procedures established hereunder by the state agency. Reim- 
bursement shall be made upon the basis of such certification of expendi- 
tures as shall be required from the county agency by the state agency. 
(251.11) 
RULES. In promulgating rules and regulations covering the grant- 
ing of medical and supplemental care to patients and in setting minimum 
standards therefor, the state agency shall have due regard for, and con- 
sult with, the superintendents of the county tuberculosis sanatoria and 
the state tuberculosis sanatorium. 
(251.12) 
NEEDS OF PATIENTS DETERMINED BY COUNTY 
AGENCY. The county agency shall: 
(1) Pursuant to the rules, regulations, and standards established 
by the state agency, inquire into and determine the amount of medical 
and supplemental care needed by each patient coming within the purview 
of sections 251.08 to 251.14 who is a resident of the county concerned 
for the purposes of these sections; 
(2) Prepare and submit promptly to the state agency all applica- 
tions, forms, and fiscal reports established and required by the state agen- 
cy pursuant to the provisions of these sections; 
(3) Pay in the first instance such sums for medical and supple- 
mental care as are found necessary under the provisions of these sections, 
and it is specifically provided hereby that such payments of medical and 
supplemental care are no part of such grants of relief or assistance as 
are found necessary for the usual care of the patient, all payments pro- 
vided for herein being over and above and in addition to such regular 
grants of relief and assistance; 
(4) Report to the state agency such expenditures for medical and CARE OF CONSUMPTIVES 
193 
supplemental care as are made by the county agency pursuant to the pro- 
visions of these sections and receive reimbursement therefor quarterly 
from the state agency; and 
(5) Prepare and submit such statistical and fiscal reports as the 
state agency may require hereunder. 
(251.13) 
MEDICAL AND SUPPLEMENTAL CARE, TO WHOM 
GIVEN. Medical and supplemental care under the provisions of sections 
251.08 to 251.14 may be granted to a discharged tuberculous patient 
who; 
(1) H as a tuberculous condition within the definitions established 
by the state agency pursuant to the provisions of these sections; and 
(2) Has resided in the state and in the county one year prior to 
the time of entrance into the tuberculosis sanatorium. 
(251.14) 
FUNDS NOT TRANSFERABLE. No funds granted under 
sections 251.08 to 251.14 for medical and supplemental care shall be 
transferable or assignable at law or in equity and must be used for the 
sole purpose of payment for medical and supplemental care, as defined 
in section 251.09. 
Note: All powers and duties with reference to State Sanatorium were 
transferred from Director Public Institutions to Director Social Welfare by 
Chapter 570, 1943 Minnesota Session Laws. Further, no appropriations have 
as yet been made available to carry out provisions contained in 251.08-251.14. Digest of Laws 
Compilation and Reference to Laws of 
Minnesota 
Relating to Public Assistance, 
Relief, and Children 
1946 
Published by 
THE STATE OF MINNESOTA 
DIVISION OF SOCIAL WELFARE 
Jarle Leirfallom, Director