ILLINOIS LAWS RELATING TO HANDICAPPED CHILDREN WITH EXPLANATORY NOTES (Published by Authority of the State of Illinois) ILLINOIS COMMISSION FOR HANDICAPPED CHILDREN 1944 ILLINOIS LAWS RELATING TO HANDICAPPED CHILDREN SECOND EDITION With Explanatory Notes ILLINOIS COMMISSION FOR HANDICAPPED CHILDREN 1944 » 248 (65930 STATE OF ILLINOIS Dwight H. Green. Governor COMMISSION FOR HANDICAPPED CHILDREN Mrs. Harry M. Mulberry, Chairman, Chicago Irving F. Pearson, Vice-Chairman, Springfield Bert I. Beverly. M.D., Oak Park Rodney H. Brandon, Springfield Robert Bell Browne, Ph.D., Urbana Roland R. Cross, M.D., Springfield Mrs. Margaret Pope Hovey, Chicago Francis P. Murphy, Chicago Vernon L. Nickell, Springfield Frank A. Norris, M.D., Jacksonville Edward H. Stullken, Chicago Henry B. Thomas, M.D., Chicago Henry C. Warner, Dixon Lawrence J. Linck Executive Director 211 West Wacker Drive Chicago 6 TABLE OF CONTENTS PROVISIONS FOR THE EDUCATION AND TRAINING OF HANDICAPPED CHILDREN State Aid to Local School Districts Classes and Schools for Physically Handicapped Children Classes and Schools for Deaf and Blind Children Classes and Schools for Delinquent Children 11 Classes and Schools for Mentally Handicapped Children . . , . . 12 Appropriations and Expenditures 14 Vocational Education and Rehabilitation 15 Vocational Education 15 Vocational Rehabilitation 16 Rehabilitation of Physically Handicapped Persons 18 Powers of School Districts to Establish and Maintain Classes ... 20 A System of Free Schools 20 Parental Schools 21 Instruction and Education for the Blind, Deaf and Dumb .... 24 Visitation of the Adult Blind 24 Board of Education for the Blind, Deaf and Dumb 24 Education of Deaf and Blind Children 25 PAGE PROVISIONS FOR STUDY, COORDINATION, PROMOTION AND PREVENTION Study, Coordination and Promotion 27 Commission for Handicapped Children 27 Child Welfare Services 29 Commission on Youthful Offenders 29 Prevention 30 Division for Delinquency Prevention 30 Prevention of Blindness in Newly Born Infants 31 Examination for Venereal Disease 33 Prevention of Prenatal Syphilis 34 Regulation of the Sale and Use of Fireworks 35 Manufacture, Possession, Storage, etc., of Fireworks ....... 36 Deadly Weapons 40 School Health Examinations 4l TABLE OF CONTENTS PROVISIONS FOR PROTECTION, TREATMENT AND CARE Physically Handicapped Children 42 Services for Crippled Children 42 Research and Educational Hospitals 43 Surgical Institute for Children 44 Neuropsychiatric Institute 45 Illinois Eye and Ear Infirmary 45 County Tuberculosis Sanitariums 46 Tuberculosis Sanitarium Districts . 52 Municipal Tuberculosis Sanitariums 60 Treatment of Venereal Diseases 64 Trachoma Clinics 64 Mentally Handicapped Children 65 Care and Detention of Feeble-minded 65 Dixon State Hospital 72 Lincoln State School and Colony 74 Institutions for Mentally Handicapped 74 Mental Health Act 81 License and Supervision of Institutions Treating Mental and Nervous Conditions 93 Socially or Emotionally Maladjusted Children 95 Institute for Juvenile Research 95 State Training School for Girls 95 Home for Delinquent Boys 97 County Detention Homes 99 Neglected and Delinquent Children 101 Placement of Children in Homes 109 PAGE FOREWORD There are many kinds of handicapped persons and many kinds of services which they need. Some of these needs have been recognized by the people to be a responsibility of the state; others are considered the responsibility of the individual, his family, or his community—through either public or private means. The laws of the State of Illinois relating to handicapped persons are acknowledgment of certain public responsibility for aiding them. Such legisla- tion forms the basis for those procedures, facilities, and expenditures created or authorized at the public will. For a people to know what ought to be done, they must first know what has already been done. This compilation is accordingly presented by the Commission for Handicapped Children, in partial fulfillment of those duties and responsibilities charged to it by the General Assembly, with a view toward furthering the public understanding of both that which has been done, through legislation, and that which still remains to be done. Such a compilation should prove useful both to those who are interested in a fuller utilization of existing public facilities and to those who are interested in program planning and the development of new or extended facilities. The laws quoted herein are complete with amendments through the end of the regular session of the Sixty-third General Assembly, which terminated June 30, 1943. Brief explanatory remarks concerning the operation of the laws and the appropriations implementing them have been included. The laws have been grouped in three general sections, according to their function, namely: provisions for the education and training of handicapped persons; provisions for study, coordination, promotion, and prevention; and provisions for protection, treatment, and care. Those who have suggestions or criticisms which might make future edi- tions of this publication more valuable are invited to communicate with the Commission. Lawrence J. Linck, Executive Director. PROVISIONS FOR THE EDUCATION AND TRAINING OF HANDICAPPED CHILDREN STATE AID TO LOCAL SCHOOL DISTRICTS The education of handicapped children is recognized in principle to be a responsibility of the State as well as of local school districts. In fulfilling this responsibility the General Assembly has passed legislation authorizing payment to local school districts of the excess costs, within certain limits, of establishing and maintaining special schools and classes for the educa- tion of children defined variously as "physically handicapped,” "deaf and hav- ing defective hearing,” "blind and having defective vision,” "truant, incorrigi- ble and delinquent,” and "educable mentally handicapped.” Such excess costs are those over and above the cost of educating normal children in the respec- tive school districts, and a per capita maximum is established for each type of child. Whenever the claims rendered are in excess of the amount appro- priated for a particular type of child, the available funds are prorated. Significant and far-reaching changes and additions were made in the state’s legislative foundation for the education of handicapped children when the Sixty-third General Assembly passed the act for educable mentally handi- capped children and amended the former crippled children’s act to provide for the education of all types of physically handicapped children. Marked ad- ministrative improvements, such as the provision for conditional pre-approval of special educational programs, also resulted from that legislative action. There remains a number of inadequacies that make the special education laws difficult of application, particularly in small school districts, with conse- quent failure to provide for the education of a considerable number of handi- capped children. The General Assembly has provided legislative authority sufficiently broad to insure the eligibility of practically all handicapped children for special services with State aid. The furnishing of such services to all children in need of them depends upon action by the local school districts. No appropriation was made for the payment of the excess costs of edu- cating mentally handicapped children when the Sixty-third General Assembly made such special services possible. It will be necessary for local school districts to establish a foundation of experience by planning and setting up special programs for such children as a proper basis for future appropriations. Classes and Schools for Physically Handicapped Children AN ACT to enable school boards to establish and maintain classes and schools for physically handicapped children, and providing for the payment of the excess cost thereof by the State. Approved June 19, 1923. Title as amended by act approved July 22, 1943. Be it enacted by the People of the State of Illinois, represented in the General Assembly. 685a. Definitions—Schools for physically handicapped children.] § 1. For the pur- poses of this Act, ''school board” means "board of education, board of school in- spectors and school directors.” School boards of any school district may establish and maintain classes of one or more pupils and schools for the instruction of physically handicapped children who are residents of such school district and such children, residents of other school districts, as are being educated in such school district pur- suant to the provisions of this Act. As amended by act approved July 22, 1943. 7 685b. Management.] § 2. A school board establishing and maintaining such classes, school or schools for physically handicapped children may also employ a prin- cipal and all other necessary attendants and teachers for such schools and shall pre- scribe the method of discipline and the course of instruction therein, and shall exercise the same powers and perform the same duties as are prescribed by law for the establishment, maintenance and management of other classes and schools, and in addition thereto, shall have all powers necessary to carry the terms and provisions of this Act into operation and effect. As amended by act approved July 22, 1943. 685c. § 3. Repealed by act approved July 22, 1943. 685d. Qualification of teachers—Certificates.] § 4. No person shall be employed to teach any physically handicapped child unless he possesses a valid teacher’s certificate and in addition such special training as the school board and the Super- intendent of Public Instruction may require. As amended by act approved July 22, 1943. 685e. Report of expenses—Vouchers—Forfeitures for failure to report.] § 5. The school board shall keep an accurate, detailed and separate account of all moneys paid out for the maintenance of such classes and schools, and for the instruction, trans- portation and care of the pupils attending them, and shall report the same in triplicate to the county superintendent of schools on or before July 15th of each year for ap- proval on vouchers prescribed by the Director of Public Welfare indicating the excess of cost for each elementary school pupil or high school pupil for each school year ending in June, over the last ascertained average cost of such board of any school district for the instruction of normal children in the elementary public schools or public high schools, as the case may be, of the city or school district for a like period of time of attendance, as such excess shall be determined and computed by the board. The county superintendent of schools shall, on or before August 1st of each year, provide the Director of Public Welfare and the Superintendent of Public Instruction with copies respectively of the original vouchers for the excess cost of educating each physically handicapped child of each school district in his county. Failure of a school board to prepare and certify the school district report of claims for the excess cost of educating physically handicapped children to the county superintendent of schools on or before July 15th in any year, and its failure there- after to prepare and certify such report to the county superintendent of schools within ten days after receipt of notice of such delinquency sent to it by the county superin- tendent of schools by registered mail, shall constitute a forfeiture by the school district of its right to reimbursement by the State for such excess cost. As amended by act approved July 22, 1943. 685f. Excess cost paid by State—Application for reimbursement—Attendance of child in district outside residence—Apportionment of insufficient funds.] § 6. The aggre- gate excess cost of maintenance of such classes and schools as determined, computed, and reported by the school board not to exceed, however, $300 per pupil per annum, is a charge against the State of Illinois and shall be paid annually to the school board, through the office of the county superintendent of schools, on the warrant of the Auditor of Public Accounts out of any money in the treasury appropriated for such purposes, on presentation of proper vouchers approved by the Director of Public Welfare. No such aggregate costs, however, shall be a charge against the State unless the school board claiming them has first submitted through the office of the county superintendent of schools, to the Director of Public Welfare an application for reimbursement from the State, which application sets forth a plan for special educa- tion established or maintained in accordance with this statute. In considering applications of school districts submitted to him, the Director of Public Welfare shall call upon the Superintendent of Public Instruction to pass upon those facts set forth in the application which concern curriculum, certification of teachers, and other educational aspects of the plan, and upon the Division of Services for Crippled Children to pass upon the medical eligibility of each child to be educated under the plan. If a child attends in a school district other than that of his residence, a class for physically handicapped children, or a class in which some special instruction needed by him because of his handicap is provided, the school board of the district of his residence shall pay to the school district maintaining the class or school which he attends his tuition in a sum equal to the cost of educating a normal child of like residence. If the per capita cost of educating a normal child of like grade in the district of his residence is smaller than the per capita cost of 8 educating a normal child of like grade in the district where he attends, the amount of the difference may be included as part of the excess cost claimed by the school district where the child attends such class or school. If the money appropriated by the General Assembly for such purposes is in- sufficient, such money shall be apportioned to each school district on the basis of the claims filed for the excess cost, each district receiving a proportional part of the ap- propriated funds. As amended by act approved July 22, 1943. 685g. Physically handicapped child defined.] § 7. For the purpose of this Act a physically handicapped child means any child of sound mind between the ages of 5 and 21 years who suffers from any physical disability making it impracticable or impossible for him to benefit from or to participate in the normal classroom program of the public schools in the school district in which he resides and whose education requires a modification of the normal classroom program, but does not mean a child who is blind, with defective vision, deaf, or with defective hearing within the pro- visions of "An Act to enable school directors, boards of education and boards of school inspectors to establish and maintain classes and schools for children, deaf, hav- ing defective hearing, blind and having defective vision, and providing for the payment of the excess cost of such classes and schools,” approved April 23, 1929, as amended. As amended by act approved July 22, 1943. 685h. Superintendent of Public Instruction to supervise—Approval of claims.] § 8. All classes and schools established according to the provisions of this Act, shall be subject to the supervision of the Superintendent of Public Instruction who shall prescribe the standards and approve the conditions under which such classes and schools are conducted and shall certify to the Director of Public Welfare whether the special educational services furnished were or were not in accordance with the prescribed standards. Before approving any claim for the payment of excess costs, the Superintendent of Public Instruction shall determine whether the child for whose special education the claim is made is physically handicapped and whether special education was needed by and rendered to the child. As amended by act approved July 22, 1943. 685i. Auditor authorized to issue warrants.] § 9. The Auditor of Public Accounts is hereby authorized and directed to draw his warrants on the State Treasurer on or before the first Monday in September of each year for the respective sums of excess cost theretofore reported to him, as provided in Section 6 of this Act, upon the order of the Director of Public Welfare. (///. Rev. Stat. 1943; Chap. 122, Sec. 685a-685i.) Classes and Schools jor t j j Ueaj ana tsiina Children AN ACT to enable school directors, boards of educa- tion and boards of school inspectors to establish and main- tain classes and schools for children, deaf, having defec- tive hearing, blind and having defective vision, and providing for the payment of the excess cost of such classes and schools. Approved April 23, 1929. Title as amended by act approved July 16, 1941. Be it enacted by the People of the State of Illinois represented in the General Assembly: 675. School authorities authorized to maintain.] § 1. Boards of education, school directors and boards of school inspectors, whether acting under the general law or under a special charter, shall be empowered to establish and maintain classes and schools for children, deaf, with defective hearing, blind, and having defective vision, who are residents of their respective school districts. As amended by act approved July 16, 1941. 676. Acquisition of school sites.] § 2. Such boards of education, school directors and boards of school inspectors may acquire sites for such schools anywhere within the counties in which their respective school districts are situated in the same manner as is provided in the case of the acquirement of public school sites in said respective school districts, and authority is hereby expressly granted for this purpose. 677. Administration—Teachers, etc.] § 3. The boards of education, school direc- tors and boards of school inspectors establishing and maintaining such classes, school or schools, may employ a superintendent and all other necessary officers, agents and teachers for such schools and classes, and shall prescribe the method of discipline and the course of instruction therein, and shall exercise the same powers and perform 9 the same duties as are prescribed by law for the establishment, maintenance and management of other classes and schools, and in addition thereto, shall have all powers necessary to carry the terms and provisions of this Act into operation and effect. 678. Tuition of non-resident children, transportation.] § 4. If a child resident of one school district attends in another of said school districts a class for the blind, or deaf, or for those with defective hearing, or for those with defective vision, or a class in which some special instruction needed by the child because of his handi- cap is provided, the board of education, directors or board of school inspectors of the school district in which he resides shall pay to the school district maintaining the school or class he attends his tuition in a sum equal to the tuition in the school district in which such class is located for a child of normal instruction needs. The board of education, directors or boards of school inspectors of the school district in which such child resides shall pay for his transportation to the class in the other school district, unless the school officials of the school district in which the class he attends is located provide his transportation to the class. As amended by act approved July 16, 1941. 679. Qualifications of teachers—Age and mentality of pupils.] § 5. No person shall be employed to teach any class or classes in such school or schools who shall not have first obtained a certificate of qualification for teaching in such school or schools, as provided by law. But no person shall be authorized or employed to teach the deaf or those children with defective hearing, who shall not have received in- struction in the method of teaching the deaf for a term of not less than one year, and no one shall be employed to teach the blind or those having defective vision, who has not had the benefit of special training approved by the Superintendent of Public Instruction. All classes or schools maintained for children, deaf, with defective hearing, blind, or with defective vision shall be established for the benefit of such children who are between the ages of three and twenty-one years and who are of sound mind. As amended by act approved July 16, 1941. 680. Reports to Department of Public Welfare—Excess cost.] § 6. Each board of education, school directors and board of school inspectors shall keep an accurate, detailed and separate account of all monies paid out by it for the maintenance of such classes and schools and for the instruction and care of the pupils attending them, and shall report the same to the Department of Public Welfare for the approval, on vouchers, prescribed by said Department, on or before the third Monday in August in each year, together with the excess of cost for each and every pupil for each school year, ending in June, over the last ascertained average cost thereof, for the instruc- tion of normal children in the elementary public schools of its school district for a like period of time of attendance, as such excess shall be determined and computed by said board of education, school directors or board of school inspectors. 681. State to pay excess cost—Limitation.] § 7. The aggregate excess cost of the maintenance of such classes and schools, as determined, computed and reported by the said school officials, as provided in Section 6 of this Act, shall be, and the same is hereby, made a charge against the State of Illinois, and such excess costs shall be paid annually to such board of education, school directors or board of school inspectors, as the case may be, on the warrant of the Auditor of Public Accounts out of any money in the treasury appropriated for such purposes on presentation of proper vouchers approved by the Department of Public Welfare: Provided, however, that such excess cost for each pupil shall not exceed the following amounts: For deaf pupils, and those having defective hearing, $225.00 a pupil; for blind pupils, and those having defective vision, $250.00 a pupil. If a child is both blind or has defective vision and deaf or has defective hearing, he shall be counted as a full time pupil among those with each kind of a defect, in determining the State’s contribution to the classes for such children, provided the work and attention necessary for both types of children are afforded him. As amended by act approved July 16, 1941. 682. Supervision.] § 8. All classes and schools established according to any of the provisions of this Act shall be subject to the general supervision of the Super- intendent of Public Instruction. 682a. Issuance of warrants.] § 9. The Auditor of Public Accounts is hereby authorized and directed to draw his warrants on the State Treasurer on or before the first Monday in September of each year for the respective sums of excess cost 10 theretofore reported to him, as provided in Section 7 of this Act, upon the order of the Department of Public Welfare. {111. Rev. Stat. 1943; Chap. 122, Sec. 675-682a.) Classes and Schools for Delinquent Children AN ACT to enable school directors and boards of educa- tion to establish and maintain classes and schools for certain truant, incorrigible, or delinquent children and providing for the payment from the State Treasury of the excess cost of maintaining and operating such classes and schools over the cost of maintaining and operating elementary classes and schools for normal children. Approved June 2, 1911. Title as amended by act approved July 21, 1941. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 686. Truant, incorrigible or delinquent children, schools for.] § 1. Boards of edu- cation, school directors, and boards of school inspectors, whether acting under the general law or a special charter, shall be empowered to establish and maintain classes and schools for truant, incorrigible or delinquent children, residents of such school districts, transferred to, enrolled in and attending the classes and schools hereby authorized, upon the recommendation or approval of the Superintendent of Schools in school districts constituted in cities exceeding 500,000 inhabitants, and upon the recommendation or approval of the County Superintendent of Schools in all other school districts, or committed to such classes or schools by course of competent jurisdiction. As amended by act approved July 21, 1941. 687. Acquisition of sites for schools.] § 2. Such boards of education may acquire site or sites for such schools anywhere within the counties in which said cities are situated in the same manner as is provided in the case of the acquirement of public school sites in said cities, and authority is hereby expressly granted for this purpose. 688. Powers and duties of board of education—Employes, etc.] § 3- The board of education establishing and maintaining such classes, school or schools, may also employ a superintendent and all other necessary officers, agents and teachers for such schools, and shall prescribe the method of discipline and the course of instruction therein, and shall exercise the same powers and perform the same duties as are pre- scribed by law for the establishment, maintenance and management of other classes and schools, and, in addition thereto, shall have all powers to carry the terms and provisions of this Act into operation and effect. 689. Qualification for teachers.] § 4. No person shall be employed to teach any class or classes in such school or schools who shall not have first obtained a certificate of qualification for teaching in such school or schools as provided by law. 690. Reports—Approval of vouchers.] § 5. The board of education shall keep an accurate, detailed and separate account of all moneys paid out by it for the maintenance of such classes and schools, and for the instruction and care of the pupils attending them, and shall report the same to the Superintendent of Public Instruction for approval, on voucher forms prescribed by said Superintendent of Public Instruction, on or before the third Monday in August of each year, together with the excess of cost for each and every such pupil for each school year ending in June, over the last ascertained average cost to such board of education for the instruction of normal children in the elementary public schools in the city for a like period of time of attendance as such excess shall be determined and computed by said board of education. As amended by act approved July 21, 1941. 691. State to pay excess cost—Limitation.] § 6. The aggregate excess cost of the maintenance of such classes and schools as determined, computed and reported by the board of education as provided in Section 5 of this act shall be and the same is hereby made a charge against the State of Illinois and such excess cost shall be paid annually to such board of education on the warrant of the Auditor of Public Accounts out of any money in the Treasury appropriated for such purposes, on presentation of proper vouchers approved by the Superintendent of Public Instruction: Provided, however, that such excess cost for each pupil shall not exceed the following amount: For delinquent children $190.00 a pupil. As amended by act approved July 21, 1941. 692. Supervision.] § 7. All classes and schools established according to any of the provisions of this Act, shall be subject to the supervision of the Superintendent of Public Instruction. 11 693. Warrants.] § 8. The Auditor of Public Accounts is hereby authorized and directed to draw his warrants on the State Treasurer on or before the first Monday in September of each year for the respective sums of excess cost theretofore reported to him, as provided in Section 6 of this Act, upon the order of the Superintendent of Public Instruction. As amended by act approved July 21, 1941. {111. Rev. Stat. 1943; Chap. 122, Sec. 686-693.) Although no appropriation was made to implement the act for the 1943-45 biennium, the following measure marks a forward step in providing special education for handicapped children in that it enables school boards to set up classes for the educable mentally handicapped and provides for payment by the State of excess costs when funds are made available for that purpose. AN ACT authorizing school boards to establish and maintain special educational facilities for educable mentally handicapped children, and providing for payment of the excess costs thereof by the State. Approved July 24, 1943. Classes and Schools for Mentally Handicapped Children Be it enacted by the People of the State of Illinois, represented in the General Assembly: 685j. Definitions.] § 1. For the purposes of this Act: "Educable mentally handicapped child” means any child between the ages of 5 and 21 years who because of retarded intellectual development as determined by individual psychological examination is incapable of being educated profitably and efficiently through ordinary classroom instruction but who may be expected to benefit from special educational facilities designed to make him economically useful and socially adjusted. 'Special educational facilities” means special schools, special classes or special instruction within the regular classes. ''School board” means school directors, board of education and board of school inspectors. 685k. School boards may maintain.] §2. School boards may, whether acting under the general law or a special charter, establish and maintain special educational facilities for educable mentally handicapped children. 6851. Powers and duties of school boards.] § 3. School boards establishing and maintaining such special educational facilities may employ the necessary supervisors, teachers and personnel therefor, and shall prescribe the method of discipline and course of instruction therein, and shall exercise the same powers and perform the same duties as are prescribed by law for the establishment, maintenance and management of other educational facilities and in addition thereto shall have all powers necessary to carry out the provisions of this Act. 685m. Nonresidents of school district—Transportation.] § 4. If a child resident of one school district, because of his handicap attends in another school district a class or school for educable mentally handicapped children, the school board of the school district in which he resides shall pay to the school district maintaining the school or class he attends his tuition in a sum equal to the normal per capita cost of educating normal children in the district of his residence. If the normal per capita cost in the school district maintaining such a class or school is greater than the normal per capita cost in the district of the child’s residence, then the school district which provides the special education to the child may claim the difference as part of the excess cost. The school board of the school district in which any such child resides shall pay for his transportation to the class in the other school district, unless the school board of the other district provides his transportation to the class. The cost of transportation may be included as part of the excess cost. 685n. Teachers.] § 5. No person shall be employed to teach educable mentally handicapped children unless he holds a valid teacher’s certificate as provided by law, 12 and has received special instruction in methods of teaching the educable mentally handicapped as defined and approved by the Superintendent of Public Instruction. 685o. Supervision by Superintendent—Approval by psychological examiner.] § 6. All special educational facilities shall be subject to the general supervision of the Superintendent of Public Instruction. He shall be responsible for determining the eligibility of children to receive special education, except as he may delegate that responsibility to establish[ed] child study bureaus or similar agencies; provided, how- ever, that no child shall be eligible for such special education except upon the recommendation of or with the approval of a qualified psychological examiner. "Qualified psychological examiner” means a person who has graduated with a master’s or higher degree in psychology or educational psychology from a higher institution of learning which maintains equipment, course of study and standards of scholarship approved by the Superintendent of Public Instruction, who has had at least one year of full-time supervised experience in the individual psychological examination of children, of a character approved by the Superintendent of Public Instruction, and who has such additional qualifications as may be required by the Superintendent of Public Instruction. 655p. Report of expenses—Vouchers.] § 7. Each school board shall keep an accurate, detailed and separate account of all monies paid out by it for the maintenance of such classes and schools for the instruction and care of the pupils attending them, and for the cost of transportation of such pupils, and shall make a report thereof in duplicate to the county superintendent of schools on or before July 15 th of each year, for approval on vouchers prescribed by the Superintendent of Public Instruction, the vouchers indicating the excess cost, computed in accordance with rules prescribed by the Superintendent of Public Instruction, for each pupil for the school year ending in June of such year, over the last ascertained average cost thereof for the instruction of normal children in like grades of public schools of its school district for a like period of time of attendance. The county superintendent of schools shall provide the Superintendent of Public Instruction with a copy of the original of such vouchers on or before the 1st day of August of each year. Failure on the part of the school board to prepare and certify the school district report of claims for the excess cost of educating educable mentally handicapped children to the county superintendent of schools on or before July 15th of any year, and its failure thereafter to prepare and certify such report to the county superin- tendent of schools within ten (10) days after receipt of notice of such delinquency sent to it by the Superintendent of Public Instruction by registered mail, shall constitute a forfeiture by the school district of its right to be reimbursed by the State for the excess cost of educating educable mentally handicapped children for such year. The Superintendent of Public Instruction before approving any such vouchers shall determine whether such child is in fact mentally handicapped and educable and whether the special educational service, set forth in the application for State aid under this Act was in fact rendered him by the school board. 685q. Excess cost to be paid by State.] § 8. The aggregate excess cost, not to exceed $100 for each such pupil, of the maintenance of such classes and school, as determined, computed, and reported by the school boards and approved by the Superintendent of Public Instruction is a charge against the State of Illinois, to the extent that appropriations are made available for the purposes of this Act. Claims for such excess cost shall be paid annually to the school boards, on the warrant of the Auditor of Public Accounts, out of any money in the treasury appropriated for such purposes on presentation of proper vouchers approved by the Superintendent of Public Instruction. No such aggregate costs, however, shall be a charge against the State unless the school board claiming them has first submitted, through the office of the county superintendent of schools, to the Superintendent of Public Instruction an application for reimbursement from the State, which application sets forth a plan for special education established or maintained in accordance with this Act, and unless such plan is approved by him. If the money appropriated by the General Assembly for the purposes of this Act proves insufficient, it shall be apportioned to each school district on the basis of the amounts of the claims filed for the excess cost. 685r. Rules.] § 9. The Superintendent of Public Instruction shall make such rules as are necessary to carry out the purposes of this Act. {111. Rev. Stat. 1943; Chap. 122, Sec. 685j-685r.) 13 1943-45 Biennium 1941-43 Biennium 1939-41 Biennium Physically Handicapped Appropriations $1,141,500 $1,101,450* $1,098,000 Expenditures 1943 $523,921.33 1942 $532,680.99 1941 $519,158.81 1940 $529,144.45 Deaf and Hard of Hearing Appropriations $364,100 $127,500 $119,250 Expenditures 1943 $58,258.78 1942 $59,816.22 1941 $56,601.94 1940 $55,803.00 Blind and with Defective Vision Appropriations $403,550 $374,350 $328,150 Expenditures 1943 $173,610.27 1942 $170,578.73 1941 $153,231.73 1940 $145,597.60 Truant, Delinquent and Incorrigible Appropriations $399,000 $99,200 $92,700 Expenditures 1943 $49,555.93 1942 $48,774.42 1941 $45,942.22 1940 $45,871.04 * $13,060 additional appropriated for supervision. 14 VOCATIONAL EDUCATION AND REHABILITATION The Board of Vocational Education administers the Federal and State financed program for vocational education in Illinois. This program was established in accordance with the Federal Smith-Hughes Act of 1917, and expanded under the George-Deen Act of 1936. The program provides voca- tional education for high school age persons and adults in the following fields: agriculture, trade and industry, home making, and distributive occu- pations or sales services. The appropriation to implement the program for the 1943-45 biennium was $930,936. Vocational AN ACT in relation to vocational education. Approved March Education 1^19. 694. Acceptance—Federal Vocational Education Law.] § 1, Be it enacted by the People of the State of Illinois, Represented in the General Assembly. That all of the provisions and benefits of an act of Congress entitled, "An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to pro- vide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures,” approved February 23, 1917, as amended, hereinafter referred to as the Federal Vocational Education Law, are hereby accepted by the State of Illinois. 695. Board of Vocational Education.] § 2. There is hereby established the Board of Vocational Education. The Board of Vocational Education shall consist of the Director of Registration and Education, the Superintendent of Public Instruction, the Director of Agriculture, the Director of Labor, and the Director of Insurance. The Director of Registration and Education shall be the chairman of the Board of Vocational Education, and the Superintendent of Public Instruction shall be its executive officer. The Director of Registration and Education, the Director of Agriculture, the Director of Labor, the Director of Insurance, and the Superintendent of Public Instruction, shall serve as members of the Board of Vocational Education during the respective terms of office for which they shall have been appointed or elected, as the case may be. As amended by act approved June 8, 1943. 696. Members of board to serve without compensation.] § 3. The members of the Board for Vocational Education shall serve without compensation, but they shall be reimbursed for their actual and necessary expenses incurred in the dis- charge of duties under the provisions of this Act. 697. Duties of Board of Vocational Education.] § 4. The Board for Vocational Education shall have power and it shall be its duty: (a) To cooperate with the Federal Board for Vocational Education in the administration of the provisions of the Federal Vocational Education Law, to the extent and in the manner therein provided; (b) To promote and aid in the establishment of schools and classes of the types and standards provided for in the plans of the Board of Vocational Educa- tion, as approved by the Federal Board for Vocational Education, and to cooperate with State and local school authorities in the maintenance of such schools and classes; (c) To conduct and prepare investigations and studies in relation to vocational education and to publish the results of such investigations and studies; (d) Upon the recommendation of the executive officer to appoint, without reference to any civil service law which is now or which hereafter may be in force in this State, such technical assistants as may be necessary, and to prescribe their duties, compensation and terms of employment; (e) Upon the recommendation of the executive officer to appoint, without reference to the provisions of any civil service law which is now or which hereafter may be in force in this State, such clerks and stenographers and other employes as may be necessary, and to prescribe their duties, compensation and terms of employment; 15 (f) To promulgate reasonable rules-and regulations relating to the enforce- ment of the provisions of this Act; (g) To report, in writing, to the Governor, annually on or before the first day of December, and at such other times and in such manner and upon such subjects as the Governor may require. The annual report shall contain (1) a statement of the extent to which vocational education has been established and maintained in the State; (2) a statement of the existing condititon of vocational education in the State; (3) a statement of suggestions and recommendations with reference to the develop- ment of vocational education in the State; and (41 an itemized statement of the amounts of money received from Federal and State sources, and of the objects and purposes to which the respective items of these several amounts have been devoted; and (h) To make such reports to the Federal Board for Vocational Education as may be required by the provisions of the Federal Vocational Education Law, and by the rules and regulations of the Federal Board for Vocational Education. 698. State Treasurer custodian of all moneys—How drawn.] § 5. The State Treasurer shall act as the custodian of all moneys allotted to this State under the provisions of the Federal Vocational Education Law. These moneys shall be kept by the State Treasurer in a separate fund, to be known as "The Federal Vocational Education Fund” and shall be paid out only upon the requisition of the Board for Vocational Education, in the manner hereinafter provided. The Auditor of Public Accounts is hereby authorized and directed to draw warrants upon the State Treasurer against "The Federal Vocational Education Fund,” upon vouchers certified to as correct by the executive officer of the Board for Vocational Education and approved by the Department of Finance. {III. Rev. Stat. 1943; Chap. 122, Sec. 694-698.) The Division of Rehabilitation of the Board of Vocational Education conducts the Federal and State program of vocational rehabilitation in Illinois. This program provides vocational counselling and guidance, vocational training, artificial appliances, surgery, hospitaliza- tion, physiotherapy, and assistance in employment placement for the physically disabled who may be expected to become self-supporting following such services. The program was established upon the basis of Federal legislation approved June 2, 1920, and subsequently amended. The Sixty-third General Assembly appropriated $586,740 for the maintenance of this program for the 1943-45 biennium. In effect Title V, Part 4 of the Federal Social Security Act made permanent the provisions of the basic act. The Federal Security Agency administers the program of the Federal government. Vocational Rehabilitation AN ACT in relation to vocational rehabilitation of disabled persons. Approved June 28, 1921. Title as amended by act approved July 16, 1943. 383. Division of vocational rehabilitation established.] § 1. In order to provide for the vocational rehabilitation of persons disabled, there is hereby established, under the direction and control of the State board for vocational education, a division for the vocational rehabilitation and placement in remunerative employment of persons whose capacity to earn a living is or has been destroyed or impaired. As amended by act approved July 3, 1931. 383a. Definitions.] § iy2. For the purpose of this Act, the term "persons dis- abled means any person who by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury or disease, is, or may be expected to be totally or partially incapacitated for remunerative occupation; the term "rehabilitation” means the rendering of a person disabled, fit to engage in a remunerative occupation. Added by act approved June 25, 1923. 384. Board of vocational education to administer Act.] § 2. The board of voca- tional education is hereby designated as the agency to carry out the provisions and purposes of this Act. Members of this board shall be reimbursed for their actual and necessary expenses incurred in the discharge of duties under the provisions of this Act. 16 385. Duties of board.] § 3. It shall be the duty of the board for vocational education: (a) To co-operate with the Federal board for vocational education in the administration of the provisions of the Federal Vocational Rehabilitation Act to the extent and in the manner provided in that Act; (b) To prescribe and supervise such courses of vocational training and pro- vide such other services as may be necessary for the vocational rehabilitation of persons disabled, and to co-operate with State and local school authorities and other recognized agencies engaged in vocational education and rehabilitation; (c) To formulate a plan of co-operation with the industrial commission in carrying out the provisions of this Act, which plan shall became effective when approved by the Governor; (d) To make such reports and submit such plans to the Federal board for vocational education as are required by the provisions of the Federal Rehabilitation Act, and by the rules and regulations of such Federal board, and (e) To report in writing, to the Governor, annually on or before the first day of December, and at such other times and in such manner and upon such subjects as the Governor may require. The annual report shall contain (1) a statement of the existing condition of vocational rehabilitation in the State; (2) a statement of suggestions and recommendations with reference to the development of vocational rehabilitation in the State; and (3) an itemized statement of the amounts of money received from Federal, State and other sources, and of the objects and purposes to which the respective items of these several amounts have been devoted; (f) To advise and counsel with any deaf person residing in this State who requests assistance in the selection of a suitable occupation, securing vocational training or obtaining employment, or who requests advice concerning any matter relating to his rehabilitation, and for the purpose of furnishing such advice and counsel, shall employ and station at the State Capitol and in every City, Village or Incorporated Town, having a population in excess of five hundred thousand in- habitants, a competent person who possesses the capacity to converse with deaf persons in the sign-language. As amended by act approved July 16, 1943. 386. Necessary employes.] § 4. The board of vocational education shall appoint without reference to any civil service law which is now or which hereafter may be in force in this State, such technical assistants, clerks, stenographers and other assistants as may be necessary, and prescribe their duties, compensation, and terms of em- ployment. As amended by act approved June 25, 1923. 387. Donations.] § 5. The board for vocational education is authorized to receive such gifts, donations or reimbursements, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise, as in the judg- ment of the board are proper and consistent with the provisions of this Act. All moneys so received shall be deposited in the State treasury in a fund to be known as the "Vocational Rehabilitation Fund.” As amended by act approved July 3, 1931. 387a. Acceptance of Federal Act.] § 5a. The State of Illinois does hereby (1) accept the provisions and benefits of the act of Congress entitled "An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment,” approved June 2, 1920, as amended June 5, 1924, and June 9, 1930; (2) designate the State treasurer as cus- todian of all moneys received by the State from appropriations made by the Congress of the United States for vocational rehabilitation of persons disabled in industry or otherwise, and authorizes the State treasurer to make disbursements therefrom upon the order of the State Board for vocational education; (3) empower and direct the State board for vocational education to co-operate with the Federal Board for Vocational Education in carrying out the provisions of the national civilian vocational rehabilitation act. Added by act approved July 3, 1931. 388. Vocational Rehabilitation Fund.] § 6. The State Treasurer shall act as custodian of all moneys allotted to this State under the provisions of the Federal Vocational Rehabilitation Act. These moneys shall be kept by the State Treasurer in a fund to be known as the "Vocational Rehabilitation Fund,” and shall be paid out only upon the requisition of the board for vocational education, in the manner here- inafter provided. As amended by act approved July 3, 1931. 17 § 7. Appropriation.] 388a, How warrants to be drawn.] § 8. The Auditor of Public Accounts is hereby authorized and directed to draw warrants upon the State Treasurer against the “Vocational Rehabilitation Fund,” upon vouchers certified as correct by the chairman of the board for vocational education and approved by the Department of Finance. As amended by act approved July 3, 1931. {111. Rev. Stat. 1943; Chap. 23, Sec. 383-388a.) The following act to provide for the rehabilitation of physically handi- capped persons by the Department of Public Welfare preceded the passage of both Federal legislation and the Illinois Act in relation to vocational rehabilitation of persons injured in industry or otherwise, approved June 28, 1921. It appears to be broader in scope than the latter but it has never been implemented. pi • 77 Tj 7 • j PnysicaUy Handicapped Persons AN ACT in relation to the rehabilitation of physical- . . .. , . , _ r 7 y handicapped persons. Approved June 28, 1919. 379. Definitions.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: It shall be the duty of the Department of Public Welfare to direct, as hereinafter provided, the rehabilitation of every physically handicapped person, sixteen (16) years of age or over, residing in the State of Illinois. "A physically handicapped person” shall mean any person who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury or disease, is, or mav be expected to be, incapacitated for remunerative occupation. "Rehabilitation” shall mean the rendering of a person physically handicapped, fit to engage in a remunerative occupation. "Person residing in the State of Illinois” shall mean any person who is and has been domiciled within the State for one year or more. This Act, however, shall not be construed to apply to aged or helpless persons requiring permanent custodial care, or to blind persons under the care of the State, or to deaf persons under the care of the State, or to any epileptic or feeble- minded person or to any person who may, in the judgment of the Department of Public Welfare, not be susceptible of such rehabilitation. 380. Dufies of department.] § 2. The Department of Public Welfare shall have power, and it shall be its duty: (a) To establish relations with all public and private hospitals to receive prompt and complete reports of any persons under treatment in such hospitals for any injury or disease that may permanently impair their earning capacity. The persons thus reported shall be visited by representatives of the Department of Public Welfare who shall make records of their condition and report to the Department of Public Welfare. The Department of Public Welfare shall then determine whether the per- son is susceptible of rehabilitation. Such persons as may be found so susceptible shall be acquainted by the Department of Public Welfare with the rehabilitation fa- cilities offered by the State and the benefits of entering upon remunerative work at an early date. Any person who chooses to take advantage of these rehabilitation facilities shall be registered with the Department of Public Welfare, and a record shall be kept of every such person and the measures taken for his or her rehabilitation. The Department of Public Welfare shall offer to any such person counsel regarding the selection of a suitable occupation and of an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the physical condition of the person permits. (b) To arrange with the Department of Labor to receive reports of all cases of injuries received by employes in the course of employment which may result in permanent disability. The persons thus known to be injured shall be visited, ex- amined, registered and advised in the same manner and for the same purposes as specified in Clause (a) of this section. . (c) To receive applications of any physically handicapped persons residing within the State for advice and assistance regarding their rehabilitation. The persons 18 thus known to be physically handicapped shall be visited, examined and advised in the same manner and for the same purpose as specified in Clause (a) of this section. (d) To make a survey to ascertain the number and condition of physically handicapped persons within the State. The persons thus known to be physically handicapped shall be visited, examined, registered, and advised in the same manner and for the same purposes as specified in Clause (a) of this section. (e) To arrange for such therapeutic treatment as may be necessary for the rehabilitation of any physically handicapped person registered with the Department of Public Welfare. (f) To procure and furnish at cost to physically handicapped persons registered with the Department of Public Welfare, artificial limbs and other orthopedic and prosthetic appliances, to be paid for in easy installments. (g) To establish, equip, maintain and operate in one of the large cities in the State, a School of Rehabilitation, and to establish, equip, maintain and operate branches of the school at such other places as may in the judgment of the Depart- ment of Public Welfare be necessary. There shall be provided at the school and its branches courses of training in selected occupation for physically handicapped per- sons registered with the Department of Public Welfare whose physical condition may, in the judgment of the Department of Public Welfare, require special courses of training to render them fit to engage in remunerative employment and who are assigned by the Department of Public Welfare to the school or to any of its branches for the purpose of such special training. The Department of Public Welfare shall make the necessary rules for the proper conduct and management of the school and its branches; shall have control and care of the building and grounds used by the State for the school and its branches, and shall prescribe the course and methods of training to be given at the school and its branches. (h) To arrange with the State and local school authorities for training courses in the public schools of the State in selected occupations for physically handicapped persons registered with the Department of Public Welfare. (i) To arrange with any educational institution for training courses in selected occupations for physically handicapped persons registered with the De- partment of Public Welfare. (j) To arrange with any public or private organization or commercial, indus- trial or agricultural establishment for training courses in selected occupations for physically handicapped persons registered with the Department of Public Welfare. (k) To provide for the maintenance, during the prescribed period of training, of physically handicapped persons registered with the Department of Public Welfare: Provided, that the cost of such maintenance shall not exceed ten dollars ($10.00) per week for twenty weeks, unless an extension of time is granted by the Department of Public Welfare. (l) To arrange for social service to and for the visiting of physically handi- capped persons registered with the Department of Public Welfare and their families in their homes during the period of treatment and training and after its completion, and to give advice regarding any matter that may effect rehabilitation. (m) To co-operate with the Department of Labor in the placement in re- munerative employment of physically handicapped persons registered with the De- partment of Public Welfare. (n) To conduct investigations and surveys of the several industries located in the State to ascertain the occupations within each industry in which physically handi- capped persons can enter upon remunerative employment under favorable condi- tions and work with normal effectiveness and to determine what practicable changes and adjustments in industrial operations and practices may facilitate such employment. (o) To make such studies and reports as may be helpful for the operation of this Act. (p) To keep the people of the State informed regarding the operation of this Act. (q) To co-operate with any department of the Federal or State government or with any private agency in the operation of this Act. (r) Provided, however, that no person shall be subject to this Act or to any of its provisions, and shall not be examined, registered, or advised unless such person first elects to take advantage of the privileges afforded by this Act and to come under its terms and conditions. 19 381. Necessary employes.] § 3. The Department of Public Welfare, subject to the provisions of civil service law which is now or which hereafter may be in force in this State, shall employ such persons as may be necessary for the enforcement of the provisions of this Act, and shall prescribe their duties, compensation and terms of employment. 382. Rules and regulations.] § 4. The Department of Public Welfare shall pro- mulgate reasonable rules and regulations relating to the enforcement of the provisions of this Act. {111. Rev. Stat. 1943; Chap. 23, Sec. 379-382.) POWERS OF SCHOOL DISTRICTS TO ESTABLISH AND MAINTAIN CLASSES The quotations from the statute which immediately follow give school officials the authority, among other powers, to establish classes for crippled, deaf, blind, defective, and delinquent children. Also quoted are excerpts from the school law which require attendance at school of all children between the ages of six and sixteen, with certain exceptions. A System of Free Schools AN ACT to establish and maintain a system of free schools. Approved June 12, 1909. (Sections 1-110 omitted.) Mi. Districts—Directors.] § 103- In all school districts having a population of fewer than one thousand inhabitants, and not governed by any special act, there shall be elected a board of directors to consist of three members. , (Sections 112-122 omitted.) 123. Powers of directors.] § 115. The board of school directors shall be clothed with the following powers: Fourteenth—To establish classes of one or more pupils for the instruction of crippled children over the age of six and under twenty-one years. Fifteenth—To establish classes for the instruction of deaf children over the age of three and under twenty-one years; Provided, however, that no person shall be employed to teach the deaf who shall not have received instruction in the methods of teaching the deaf for a term of not less than one year. As amended by act July 21, 1941. (Sections 124-136 omitted.) 131. Number of members of board—Where and how changed.] § 123. In all school districts having a population of not fewer than one thousand and not more than one hundred thousand inhabitants, and not governed by special acts, and in such other districts as may hereafter be ascertained by arT sPecial or general census to have such population, there shall elected a board of education to consist of a president, six mem- bers and three additional members for every additional ten thousand inhabitants: Provided, however, that in no case shall such board consist of more than fifteen members In Cities of 1.000 to 100.000 136. Powers and duties of board.] § 127. The board of education has all the powers of school directors, is subject to tbe same limitations, and in addition thereto they shall have the power, and it shall be their duty: .Fourth—To establish schools of different grades, to adopt regulations for the admission of pupils into the same, and to assign pupils to the several schools; as amended by act approved June 30, 1943. (Sections 136a-150 omitted.) 20 151, Appointment—Term—Vacancies—Eligibility.] § 128. Each city having a population exceeding 500,000 inhabitants shall constitute one school district which shall maintain a thorough and efficient system of free schools, which shall be under the charge of a board of education, which shall be a body politic and corporate, by the name of "Board of Education of the City of and by that name may sue and be sued in all courts and places where judicial proceedings are had In Cities of 500,000 or More (Sections 152-158 omitted.) 159. General Supervision and management of schools, etc.] § 136. The board of education shall exercise general supervision and management of the public educa- tion and the public school system of the city, and shall have power to make suitable provision for the establishment and maintenance throughout the year, or for such portion of the year as it may direct, not less than nine months in time, of schools of all grades and kinds, including normal schools, high schools, night schools, schools for defectives, and delinquents, parental and truant schools, schools for the blind, the deaf and the crippled, schools or classes in manual training, constructural and vocational teaching, domestic arts and physical culture, vocation and extension schools and lecture courses, and all other educational courses and facilities, including play- ground maintenance. It shall have the power to furnish lunches to pupils attending the public schools and to make a reasonable charge therefor. It shall have the power to co-operate with the juvenile court, to make arrangements with the public or quasi- public libraries and museums for the purpose of extending the privilege of such libraries and museums to teachers and pupils of the public schools. The board shall also have power to employ dentists and prescribe their duties for the purpose of treating the pupils in the schools, but accepting such treatment shall be optional with parents or guardian. The board may grant the use of assembly halls and classrooms when not otherwise needed, including light, heat and attendants, for free public lectures, concerts and other educational and social interests, free of charge, but under such provisions and control as the board may see fit. The board shall have continuing power to divide the city into sub-districts and apportion the pupils to the several schools, but no pupils shall be excluded from or segregated in any such school on account of his or her color, race or nationality As amended by act ap- proved May 6, 1935. 163. Where and when established—Purpose.] § 140. In cities having a popula- tion of 500,000 inhabitants or more, there shall be established, maintained and con- ducted, one or more parental or truant schools for the purpose of afford- Parental ing a place of confinement, discipline, instruction and maintenance of Schools children of compulsory school age who may be committed thereto in the manner hereinafter provided. As amended by act approved Feb. 21, 1931. (Sections 160-162 omitted.) 164. Property—Maintenance of school.] § 141. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institution. It shall be the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and provisions as may be necessary for the maintenance and opera- tion thereof. 165. Superintendent, teachers—Courses of study.] § 142. The board of educa- tion may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruction; and shall exercise the same powers and perform the same duties as are prescribed by law for the management of other schools. 166. No religious training to be given.] § 143. No religious instruction shall be given in such school except such as allowed by law to be given in public schools; but the board of education shall make suitable regulations so that the inmates may receive religious training in accordance with the belief of the parents of such children, either by allowing religious services to be held in the institution or by arranging for attendance at public service elsewhere. 167. What children received—Admission.] § 144. It shall be the duty of the truant officer or agent of such board of education to petition, and any reputable citizen of the city may petition, the county or circuit court of the county to inquire into the case of any child of compulsory age who is not attending school, and who 21 has been guilty of habitual truancy, or persistent violation of the rules of the public school, and the petition shall also state the names, if known, of the father and mother of such child, or the supervisor of them; and if neither father nor mother of such child is living, or found in the country, or if their names cannot be ascertained, then the name of the guardian, if there be one known; and if there be a parent living whose name can be ascertained, or a guardian, the petition shall show whether or not the father or mother or guardian consents to the commitment of such child to such parental or truant school. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have the child named in the petition brought before him for the purpose of determining the application in such petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by confinement in any penal institution. 168. Order committing child to such school, etc.] § 145. Upon the filing of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to bring such child before the court, and if the court shall find that the material facts set forth in the petition are true, and if, in the opinion of the court, such child is a fit person to be committed to such parental or truant school, an order shall be entered that such child be committed to such parental or truant school, to be kept there until he or she arrives at the age of sixteen years, unless sooner discharged in the manner hereinafter set forth. Before such hearing, notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about to be instituted, that he or she may appear and resist the same if either of them so desire. As amended by act filed June 29, 1917. 169. Parent, etc., to provide suitable clothing.] § 146. It shall be the duty of the parent or guardian of any child committed to this school to provide suitable clothing upon his or her entry into such school and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing, the same may be provided by the board of education, and such board may have an action against such parent or guardian of the child to recover the cost of such clothing with 10 per cent additional thereto. 170. Rules and regulations—When child paroled.] § 147. The board of educa- tion of such city shall have power to establish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under the control of tbe officers and agents of such school, and subject at any time to be taken back within the enclosure of such school by the superintendent or an authorized officer of said school except as hereinafter provided; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of education. No child shall be released upon parole in less than four weeks from time of his commitment, nor thereafter until the superintendent of such parental-or truant school shall have become satisfied from the conduct of the child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardian and shall so certify to the board of education. 171. Monthly report of paroled child—Final discharge.] § 148. It shall be the duty of the principal or other persons having charge of the school to which such child so released on parole may be sent to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child attends school regularly and obeys the rules and requirements of said school; and if such child so released upon parole shall be regular in his or her attendance at school and his or her conduct as a pupil shall be satisfactory for a period of one year from the date on which he or she was released upon parole, he or she shall then be finally discharged from the parental or truant school, and shall not be recommitted thereto except on petition as hereinbefore provided. 172. Violating parole.] § 149. In case any child released from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall, upon the order of the board of education, as hereinbefore provided, be taken back to such parental or truant school and shall not be again released upon parole within the period of three months from the date of such re-entering, and if he or she shall violate the conditions of a second 22 parole he or she shall be recommitted to such parental or truant school and shall not be released therefrom on parole until he or she shall remain in said school at least one year. 173. Child may be committed to reformatory—When.] § 150. In any case in which a child is found to be incorrigible and his or her influence in such school to be detrimental to the interests of the other pupils, the board of education may authorize the superintendent or any officer of the school to represent these facts to the circuit or county court by petition, and the court shall have authority to commit said child to some juvenile reformatory. 174. Boards in certain cities may maintain such schools.] § 151. Boards of edu- cation in cities having a population of over 25,000 and less than 500,000 may es- tablish, maintain and operate a parental or truant school for the purposes hereinbefore specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as hereinbefore expressed: Provided, however, that no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a ma- jority vote at some general election. As amended by act approved Feb. 21, 1931. (Sections 175-300 omitted.) 301. Compulsory attendance—Exception—Truant officers.] § 274, Every person having custody or control of any child between the ages of seven and sixteen years, shall, annually, cause such child to attend some public or private school for the entire time during which the public school in the district wherein the pupil resides is in session: Provided, that in the following cases children shall not be required to attend the public schools: (a) Any child attending a private or parochial school where children are taught such branches of education as are taught to children of corresponding age and grade, in the public schools, and where the instruction of the child in the branches of education is in the English language; (b) Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician; or in case the child is excused for temporary absence for cause by the principal or teacher of the school which the child attends; (c) Children over fourteen years of age, who are necessarily and lawfully employed, may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attend- ing, on the recommendation of the board of directors or board of education of the public school district in which such children reside, and said board shall certify the facts in all such cases. In districts where part time continuation schools are established, children excused as in this paragraph provided shall attend such schools at least eight hours each week during the period said continuation schools are in session; (d) Any child over twelve and under fourteen years of age during the hours while in attendance at confirmation classes. Any person having custody or control of a child between the ages of seven and sixteen years who shall fail to comply with the provisions of this Act shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined not less than five dollars nor more than twenty dollars and cost of suit for each offense, and shall stand committed until such fine and costs of suit are paid. Also, it shall be the duty of any person having custody or control of a child who is below the age of seven years or above the age of sixteen years and who is en- rolled in anv of Grades 1 to 12, each inclusive, in the public school to cause such child to attend the entire time during which said public school in the district wherein such pupil resides is in session unless such child is duly excused under provisions of paragraphs (b), (c), or (d) preceding in this section. Any such person failing to fulfill such duty shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined not less than five dollars nor more than twenty dollars and cost of suit for each offense, and shall stand committed until such fine and costs of suit are paid. The county superintendent of schools in each county shall appoint a county truant officer who shall be an assistant county superintendent of schools and who shall possess the qualifications required in this Act. Such assistant county superintendent of schools shall receive such compensation as may be fixed by the board of county 23 commissioners or board of supervisors, as the case may be, together with his neces- sary traveling expenses, to be paid out of the county treasury. Such assistant superintendent shall file his acceptance with the county clerk and shall take and subscribe on oath of office. He shall also file with such clerk a bond in the penal sum of $1,000, conditioned for the faithful performance of his duties as such officer, to be approved by the county judge of his county. Said assistant superintendent shall perform the duties of truant officer in all the school districts of the county; provided, that in any school district, the board of directors or board of education shall have authority to appoint one or more truant officers and fix the com- pensation of the same, said compensation to be paid by the district. It shall be the duty of the truant officer of the school district for which he is appointed, whenever notified by the superintendent, teacher, or other person or persons of violations of this Act, or the county truant officer, when notified by the county superintendent, to investigate all such cases of truancy or non-attendance at school in their respective jurisdictions, and if the child or children complained of are not exempt under the provisions of this Act, then said truant officer shall proceed as is provided in this Act. As amended by act approved July 23, 1943. (III. Rev. Stat. 1943; Chap. 122, Sec. Ill, 123, 131, 132, 136, 151, 159, 163-174, 301.) INSTRUCTION AND EDUCATION OF THE BLIND, DEAF AND DUMB Educational assistance and training is specifically provided for blind per- sons through the two following acts. In addition, the Division for Vocational Rehabilitation administers those services for the blind which come within the provisions of the act in relation to vocational rehabilitation (see page 16 of this publication). The appropriation for the Division of Visitation of Adult Blind for the 1943-45 biennium was $122,010. V isitation of the Adult Blind AN ACT in relation to the visitation and instruction of the adult blind. Approved June 7, 1911. Title as amended by an act approved June 2, 1943. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 38. Department charged with visitation of adult blind—Teachers.] § 1. The Department of Public Welfare is charged with the visitation of the adult blind in their homes for the purpose of instructing them in industrial pursuits and of developing such occupations as will tend to ameliorate their condition and make them self-supporting. The Department shall employ such teachers and assistants as are necessary for the service of so instructing the blind in their homes and aiding them to find employment and market the products of their industry. All such teachers and assistants shall be employed subject to "An Act to regulate the civil service of the State of Illinois,” approved May 11, 1905, as amended. As amended by act June 2, 1943. (III. Rev. Stat. 1943; Chap. 23, Sec. 38.) The Board of Education for the Blind and Deaf and Dumb was established to provide assistance to such persons enrolled in institutions of higher learning. The appropriation to this board for the 1943-1945 biennium was $40,000. The executive officer of the board is the State Superintendent of Public Instruction. Board of Education for the Blind, Deaf and Dumb AN ACT to aid blind and deaf and dumb students in securing higher education. Approved June 11, 1925. 38a. Board ol Education for the Blind and Deaf and Dumb.] § 1. There is cre- ated a Board of Education for the Blind and Deaf and Dumb, hereinafter referred to as the board, consisting of the Superintendent of Public Instruction, the managing officer of the Illinois School for the Blind, the managing officer of the Illinois School for the Deaf, and the supervisor of the work for the blind in the Chicago public 24 schools. The members of the board shall be reimbursed for their actual necessary expenses but shall receive no other compensation for their services. As amended by act approved June 26, 1931. 38b. Dufy fo furnish financial assistance.] § 2. It is the duty of the board to furnish financial assistance to deserving blind, and/or deaf and dumb students who have been residents of the State of Illinois for four years immediately preceding their application for assistance, and who are regularly enrolled students, pursuing a course of study in a university, college, conservatory of music or a normal, professional or vocational school. The amount of aid to any student shall not under ordinary circumstances exceed three hundred dollars ($300.00) per annum, but where the board may consider that added assistance is necessary, the amount may be increased to five hundred dollars ($500.00) per annum. Money so furnished shall be expended under the direction and supervision of the board. Upon presentation of proper vouchers certified and approved by the Superintendent of Public Instruction, the Auditor shall draw his warrants therefor upon the State Treasurer. As amended by act approved June 26, 1931. {111. Rev. Stat. 1943; Chap. 23, Sec. 38a, 38b.) The education of deaf and blind children outside of the local school district is provided for in two acts which recognize and provide for the con- tinuation of, among other institutions, the School for the Deaf and the School for the Blind at Jacksonville. Each of these schools offers academic and vocational training as well as physical education, social activities, and medical care. The resident population of the School for the Deaf was 443 on December 31, 1943; that of the School for the Blind was 207 on the same date. Their respective appropriations for the 1943-45 biennium were $1,012,224 and $470,070. Only those portions of the following acts which apply directly to the schools for the deaf and the blind are quoted here. Other provisions of the acts, pertaining to the administration of charitable institutions in general, will be found on page 80 of this publication. Education of Deaf and Blind Children AN ACT to regulate the State charitable institutions and the State reform school, and to improve their organization and increase their efficiency. Approved April 15, 1875. 39, 40. § 1, 2. Repealed by act approved June 29, 1943. (Section 41 omitted.) 42. Object of institutions for the deaf and dumb, the blind and feeble-minded.] § 4. The object of the institutions for the education of the deaf and dumb, and the blind, and of the Asylum for the Feeble-minded, shall be to promote the intellectual, moral and physical culture of the classes of persons indicated in their titles, respectively, and to fit them, as far as possible, for earning their own livelihood and for future usefulness in society. 64. Admission to charitable institutions—Terms.] § 26. Residents of this State who are inmates of any of the State charitable institutions shall receive their board, tuition and treatment free of charge. Residents of other States may be admitted upon payment of the just costs of board, tuition and treatment: Provided, that no resident of another State shall be received or retained to the exclusion of any resident of this State. If any inmate is unwilling to accept gratuitous board, treatment or tuition, the Department of Public Welfare may receive pay therefor, and shall account for the same in an itemized monthly or quarterly statement as donations, duly credited to the persons from whom they were received; and if the Department receives any moneys for the purpose of furnishing extra attention and comforts to any inmates of the institu- tion, it shall account for the same, and for the expenditures, in like manner. As amended by act approved June 29, 1943. (Section 43-63 omitted.) 65. When clothing and transportation furnished by county.] § 27. In all cases where persons sent to the Institution for the Blind or the Institution for the Deaf 25 and Dumb or the Institution for Feeble-minded children, are too poor to furnish themselves with sufficient clothing and pay the expenses of transportation to and from the institution, the judge of the county court of the county where any such per- son resides, upon the application of any relative or friend of such person, or of any officer of his town or county (ten days’ notice of which application shall be given to the county clerks, may, if he shall deem said person a proper subject for the care of either of said institutions, make an order to that effect, which shall be certified by the clerk of the court to the principal or superintendent of such institution, who shall provide the necessary clothing and transportation at the expense of the county, and upon his rendering his proper accounts therefor semi-annually, the county board shall allow and pay the same out of the county treasury except that the State shall not charge the counties for the necessary clothing so provided for persons who are sent to an institution for the feeble-minded but shall furnish the same. As amended by act approved June 18, 1929. 66-69. §§ 28 to 31. Repealed. Act approved June 30, 1925. 70. Repeal. § 32. All acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. {Ill Rev. Stat. 1943; Chap. 23, Sec. 39, 40, 42, 64-69, 70.) AN ACT to revise the laws relating to charities. Approved June 11, 1912. 2. Purpose of the Act.] § 1. Omitted. 3. State charitable institutions.] § 2. The following are the State charitable institutions: The Illinois School for the Deaf, at Jacksonville; The Illinois School for the Blind, at Jacksonville; As amended by Act approved June 29, 1943 (Section 4 omitted) {111. Rev. Stat. 1943; Chap. 23, Sec. 2, 3.) Compulsory attendance of every deaf and blind child between the ages of eight and eighteen years, otherwise physically and mentally competent, is provided for in the following act. Jurisdiction over this Act in counties of 500,000 or over is vested in the Bureau of Public Welfare. AN ACT to make provision for the education of deaf and blind children. (Filed June 28, 1917.) 683. Duty of parent or guardian.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: It shall be the duty of every parent, guardian or other person, having the control or charge of any child in this State be- tween the ages of eight and eighteen years, who is deaf or blind, or whose hearing or vision is so defective as to make it impracticable to have such child educated in the ordinary public schools of this State, to send such child to some school under private or public supervision, where special provision is made for the education of the deaf or blind; if there be such a school within the county where such child resides, then such child may be sent thereto, but if not, then to some other convenient school of that character, within the State or to the Illinois School for the Deaf, or to the Illinois School for the Blind, at Jacksonville. Provided, that nothing herein shall require a child not physically or mentally competent to be educated, to be so sent. 684. Expense.] §2. In cases where such parent, guardian or other person having the control or charge of any such child who is deaf or blind, or whose hearing, or vision is defective, as aforesaid, is unable financially, to furnish such child with transportation or the proper and necessary clothing, the county court of the county in which such child resides, or in which it may be found on the application of any citizen of the county, may make an order directing such child to be taken to such school as the parent, guardian or custodian may prefer, or if no preference be so ex- pressed, then to such school as the court may deem for the best interest of such child, and for the furnishing of transportation for that purpose, which transportation shall include a proper custodian, preferably the parent or guardian, and also for the fur- 26 nishing of suitable and proper clothing, if that be necessary, which expense shall be advanced by the sheriff of the county, and allowed by the board of supervisors on his bill properly vouchered, which order may also include an allowance for the return of such child at suitable intervals. ' And further, such county court is empowered in cases where such parent, guardian, or other person having such custody fails or neglects to perform the duty herein imposed, to enter upon a summary hearing on due notice, on complaint of any citizen of the county, and to make an order directing such sending, which order may be enforced by attachment or contempt proceedings, or by judgment and execution or other civil process. And further, the duty of seeing that this law is enforced is placed upon the truant officer of the school district, where such an one exists and also upon the state’s attorney of the county where such child resides. 685. Neglect—Penalty.] § 3. Any person who shall come within the above requirements, and who shall wilfully fail, neglect or refuse to send any such deaf or blind child, or child with defective hearing or vision, as aforesaid to some suitable school under private or public supervision, where special provision is made for the education of the deaf or blind and which child is physically and mentally competent to be educated, shall be deemed guilty of a misdemeanor, and shall be fined not less than five dollars nor more than twenty dollars for each offense, and mav be committed until fine and costs are paid. {III. Rev. Stat. 1943; Ch. 122, Sec. 683-685.) PROVISIONS FOR STUDY, COORDINATION, PROMOTION AND PREVENTION STUDY, COORDINATION AND PROMOTION The Commission for Handicapped Children is unique in its legislative basis because it has as its interest the development of a more adequate program for all types of handicapped children with respect to all their needs. The Commission serves as a clearinghouse for informa- tion and advisory services to school, health, and welfare agencies and service clubs and civic and fraternal organiza- tions interested in meeting the problems of exceptional children on either the community or State level. It also acts as a referral center and offers consultation service to parents, teachers, physicians, nurses, and others interested in problems concerning individual physically or mentally handicapped children. The Sixty-third General Assembly appropriated $36,800 to the Commis- sion for the 1943-455 biennium. Commission for Handicapped Children AN ACT relating to physically handicapped children and to educable mentally handicapped children and to create a Commission therefor. Approved June 30, 1933- 299n. "Physically handicapped children" and "educable mentally handicapped children" defined.] § 1. For the purposes of this Act the term "physically handicapped children” shall include all persons under eighteen (18) years of age who, by reason of physical defect or infirmity, require special medical care, education, and social service, and shall specifically include the crippled or deformed, the blind and those suffering of visual defect, the deaf and hard of hearing, the cardiac, the tuberculous and those suffering of venereal disease. The term "educable mentally handicapped children” means all persons under eighteen (18) years of age who, by reason of lack of development, injury or disease, have not developed sufficient intelligence to adjust themselves to their environment but who can, with special supervision and training, probably become self-supporting or able to make a permanent adjustment outside of an institution. As amended by act approved July 15, 1941. 27 299o. Commission for handicapped children.] § 2. There is created for the purposes hereinafter specified, a commission consisting of the Director of Public Welfare, the Superintendent of Public Instruction, the Director of Public Health, the Director of Labor, and nine prominent citizens actively interested in the problems of handicapped children as defined in Section 1 who shall be appointed by the Governor without regard to political affiliations. Three of the first members to be appointed shall serve for a term of one year, three shall serve for a term of two years and the other three shall serve for a term of three years. Thereafter appointments shall be for a term of three years. In selecting the appointive members of the Commission the Governor shall give due consideration to recommendations of medical, educational and social organizations in the State. The Director of Public Welfare, the Superintendent of Public Instruction, the Director of Labor and the Director of Public Health may appoint qualified employes in their respective offices to represent them. The Commis- sion shall be known as the Commission for Handicapped Children. The Commission shall be appointed on or before August 1, 1941, and shall at its first meeting elect from the appointive members thereof a chairman and a vice-chairman. The fiscal records of the Commission shall be kept in the Department of Public Welfare. As amended by act approved July 15, 1941. 299p. Members not to be compensated—Expenses—Meetings.] § 3. The mem- bers of the Commission shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the administration of this Act. The Commission shall hold regular meetings at least four (4) times per year and such ad- ditional special meetings as may be necessary to discharge properly its duties under this Act. As amended by act approved July 15, 1941. 299q. Duties of commission—Committees.] § 4. The commission through the committees thereof hereafter provided for shall have power and it shall be its duty: (a) To coordinate the administrative responsibility and the services of the four State departments and offices represented in its membership insofar as they relate to the well-being of handicapped children as defined in this Act and to compose any differences that may arise between such departments and offices; (b) To stimulate all private and public efforts throughout the State in the care, treatment, education and social service of handicapped children and to co- ordinate such efforts with those of the State departments and offices into a unified and comprehensive program; (c) To promote special classes and competent individual instruction for all types of handicapped children in all parts of the State and to arrange for the special training of teachers for such classes; (d) To promote adequate provisions for medical diagnosis and the treatment of handicapped children in all parts of the State; provided, that the diagnosis and supervision of educable mentally handicapped children shall be performed by physicians qualified by training and experience in the study of psychiatry; (e) To promote vocational guidance, training, placement and social adjustment on an individual case work basis for all such handicapped children in need of such services and to promote facilities in boarding homes for the care of children malad- justed to their home surroundings; (f) To promote the establishment of a vocational school of the colony or village type for the temporary training of educable mentally handicapped children maladjusted to their home, boarding home or school surroundings who evidence or display symptoms of dependency or delinquency with the view of returning them to their homes, and from moneys appropriated for such purpose, to construct a building, or purchase or lease an existing building, or any suitable portion thereof, for such vocational school. (g) To study conditions relating to such physically or mentally handicapped children in Illinois and in other States continuously with a view toward improving the facilities and services available to such children in Illinois through recommended administrative and legislative action. For administrative purposes the foregoing powers and duties shall be exercised by two committees of the Commission herein created, as follows: one of said com- mittees shall consist of four of the appointed members specially designated by the Governor to administer the provisions of this Act relating to physically handicapped children and the other said committee shall consist of four other of such appointed members designated by the Governor to administer the provisions of this Act relating 28 to educable mentally handicapped children, and serving in common on each of said committees shall be the ninth appointive member and each of the four State officers heretofore designated as members of the Commission; provided, that the Commission as a whole shall consider and determine mutual problems affecting the administrative policy of both of said committees. As amended by act approved July 15, 1941. (///. Rev. Slat. 1943; Chap. 23, Sec. 299n-299q.) The Division of Child Welfare, Department of Public Welfare, in addi- tion to its responsibility as set forth by legislation over the years, took on the responsibility of rendering the child welfare services under Title V, Part 3 of the Federal Social Security Act, although no specific legislation has been passed regarding this activity. This Federally financed program of child welfare services in rural areas and other areas of special need was inaugurated in July, 1936. The annual Federal budget for these services in Illinois is near $46,000. The following objectives are maintained: (1) to stimulate local communities to provide services for dependent and neglected children, and those in danger of becoming delinquent; (2) to give leadership to local private and public agencies in developing standards of child care; (3) to develop reporting sys- tems and to conduct research designed to demonstrate child welfare needs in the State and to point the way to more complete and better integrated serv- ices; and (4) to assist in the training of child welfare personnel in rural areas. The program operates through a staff of field consultants and child welfare workers and through the operation of local child welfare units in certain demonstration counties. Child Welfare Services Commission AN ACT to create the Illinois State Training School for on Boys and Youthful Offenders’ Commission, and to define V thi I nn 1 *ts powers and duties, to make an appropriation therefor, OU tijul Ujjenaers ancj to repeai certain acts herein named. Approved June 30, 1943. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 246a. Illinois State Training School for Boys and Youthful Offenders' Commission created.] § 1. The Illinois State Training School for Boys and Youthful Offenders’ Commission is created. It shall consist of five members of the Senate, appointed by the President thereof, five members of the House of Representatives appointed by the Speaker thereof, and five citizens of this State appointed by the Governor. The members shall receive no compensation for their services but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The commission may employ such assistance as it may require. 246b. Powers of Commission.] § 2. The commission shall exercise general super- vision over the construction and improvement of housing for the Illinois State Training School for Boys, study social problems arising in connection with youthful offenders, co-operate with other branches and departments of government and advise them as to matters covered by its study, and recommend to the next General Assembly such laws as it may deem necessary as a result of its study. 246c. Buildings and improvements.] § 3. All buildings and improvements shall be constructed in accordance with Sections 28 and 49 of the Civil Administrative Code of Illinois. 246d. Appropriation.] § 4. The sum of seven thousand dollars ($7,000.00), or so much thereof as may be necessary, is appropriated to the commission fcr the ad- ministration of this Act. {III. Rev. Stat. 1943; Chap. 23, Sec. 246a.-246d.) 29 PREVENTION In 1930 the Director of Public Welfare was prompted to establish a state-wide program of delinquency prevention designed to meet the increas- ing problem of juvenile law-breakers. A State sociologist was appointed to direct the program, and community-minded persons and groups were ap- pealed to for the establishment of delinquency prevention councils. From this appeal grew the Big Brothers and Sisters Association of Illinois. Through the efforts and interest of this Association the Sixty-first Illinois General Assembly, in 1939, unanimously passed bills establishing the Division for Delinquency Prevention in the Department of Public Welfare to work toward the reduction of delinquency of socially maladjusted, pre-delinquent, and other children. The Civil Administration Code was amended to provide for an Advisory Board to the Division appointed by the Governor from the Advisory Council to the Big Brothers and Sisters Association of Illinois. The Division operates with local groups, agencies, and individuals and will make its services available only upon the request of such agencies or per- sons. It works with courts, State’s attorneys, police departments, schools, churches, youth and welfare agencies, civic clubs, and other State agencies in furthering effective programs of adjustment services and delinquency preven- tion activities. No direct case work sendees are rendered, but such services are obtained from existing sources when needed. The Division’s budget for its first biennial period (July 1, 1939-June 30, 1941) was $82,200. Its appro- priation for the 1943-45 biennium is $202,680. Quoted below are the two legislative enactments immediately affecting the Division for Delinquency Prevention. The first is the statutory basis of the Division; the second is an excerpt from the Civil Administration Code as amended in 1939, providing for an Advisory Board to the Division. Division for AN ACT to create the Division for Delinquency Prevention in Delinquency the Department of Public Welfare, and to define its powers and Prevention duties. Approved July 1, 1939. 220a. Division for Delinquency Prevention created—Duties.] § 1. The Division for Delinquency Prevention is created in the Department of Public Welfare. The Division shall organize local councils in the various communities of this State. Such local councils shall work toward the prevention and reduction of delinquency of socially maladjusted, pre-delinquent and delinquent children and all other children whose conditions in life call for such care by encouraging the moral, educational and recreational developments of such children. Such local councils shall effect their work through groups of selected lay persons and trained workers. 220b. Clerical, technical and professional help.] § 2. The Department of Pub- lic Welfare is authorized to appoint and employ clerical, technical, and professional help necessary to effectuate the purposes of this Act. 220c. Administration of Act.] § 3. The Division for Delinauency Prevention, under the direction of the Director of the Department of Public Welfare, and with the advice and guidance of the Advisory Board for the Division for Delinquency Pre- vention, is authorized to administer the provisions of this Act. 220d. Duties of Division.] § 4. The Division for Delinquency Prevention shall: (1) Advise local, State and Federal officials, public and private agencies, and lay groups, on the needs for the prevention and reduction of delinquency; (2) Hold district and State conferences from time to time, for the prevention and reduction of delinquency; (3) Assist the schools and courts of this State with programs relating to the prevention and reduction of delinquency; and 30 (4) Through a program of education, assist the various communities in admin- istering a program for the prevention and reduction of delinquency through co- ordinating and integrating the work of all delinquency prevention groups and institu- tions, using, in connection therewith, the services of such trained and lay-workers as are members of the local councils. (///. Rev. Slat. 1943; Chap. 23, Sec. 220a.-220d.) Civil Administration Code AN ACT in relation to the civil administration of the State government, and to repeal certain acts therein named. Ap- proved March 7, 1917. (Sections 1-5 omitted.) 6. Advisory and non-executive boards.] § 6. Advisory and non-executive boards, in the respective departments, are created as follows: In the Department of Public Welfare: A Board of Public Welfare Commissioners, composed of five persons; A Board of State Reformatory for Women Advisors, composed of three women and two men; An Advisory Board to the Division of Delinquency Prevention composed of at least twelve members selected by the Governor from representatives of the Advisory Council to the Big Brothers and Sisters Association of Illinois. (III. Rev. Stat. 1943; Chap. 127, Sec. 6.) Ophthalmia neonatorum, which in years past has caused nearly one-third of all blindness in children, has been effectively controlled through rigorous application of the statute quoted immediately below. This law requires the instillation of a prophylactic approved by the State Department of Public Health in the eyes of infants not later than one hour after birth. A 1 per cent solution of silver nitrate is the only approved prophylactic, and is supplied free to physicians. The department requires that each birth certificate indicate what treatment was given the baby’s eyes. Unsatisfactory replies to that question are followed up by contact with the person who filed the birth certificate. This preventive program, under the joint leadership of the Department and the Illinois Society for the Pre- vention of Blindness, has been so successful that since April, 1940, not one Illinois infant has lost its sight as a result of ophthalmia neonatorum. Prevention of Blindness of Newly Born Infants AN ACT for the prevention of blindness from ophthalmia neonatorum; defining ophthalmia neonatorum; designating certain powers and duties and otherwise providing for the enforcement of this act. Approved June 24, 1915. 106. Eye d iseases In infant.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That any diseased condition of the eye, or eyes of any infant in which there is any inflammation, swelling or redness in either one or both eyes of any such infant, either apart from or together with any unnatural discharge from the eye, or eyes of such infant, at any time within two weeks after the birth of such infant, shall, independent of the nature of the infection, be known as ophthalmia neonatorum. 107. Attending physician, etc., to make report.] § 2. It shall be the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital, of any nature or parent assisting in any way whatsoever, any woman at childbirth or assisting in any way whatsoever any infant, or the mother of any infant, at any time within two weeks after childbirth, observing or having a reasonable opportunity to observe the condition herein defined, and within six hours thereafter, to report in writing or by telephone followed by a written report such fact to the local health authorities of the city, town, village or other political division as the case may be, in 31 which the mother of any such infant may reside: Provided, that such reports and the records thereof shall be deemed privileged information and shall not be open to the public. 108. Maternity homes, etc.—Duties of physicians and midwives.] § 3. It is the duty of all maternity homes and any and all hospitals or places where women resort for purposes of childbirth, to post and keep posted in conspicuous places in their institution, copies of this Act, and to instruct persons professionally employed in such homes, hospitals and places regarding their duties under this Act, and to maintain such records of cases of ophthalmia neonatorum in the manner and form prescribed by the Department of Public Health. It shall be the duty of any physician, midwife or nurse who attends or assists at the birth of a child, to instill or have instilled in each eye of the new born baby, as soon as possible and not later than one hour after birth, a one per cent (1 % ) solution of silver nitrate or some other equally effective prophylactic for the preven- tion of ophthalmia neonatorum approved by the State Department of Public Health. As amended by act approved April 20, 1933. (1) Investigate, in so far as that can be done without entering into the home or interfering with the child in any way without first securing the consent of the parents or guardian of such child, each case of ophthalmia neonatorum reported to him, and any other such case as may come to his attention. (2) Report all cases of ophthalmia neonatorum and the results of all such investigations as he may make, to the Department of Public Health in the manner and form prescribed by said Department. As amended by act approved June 8, 1943. 109. Duties of local health officer.] § 4. The local health officer shall: I 10. Duties of Department of Public Health.] § 5. The Department of Public Health shall: (1) Enforce the provisions of this Act; ( 2 ) Provide for the gratuitous distribution of a scientific prophylactic for ophthal- mia neonatorum, together with proper directions for the use and administration thereof, to all physicians and midwives authorized by law to attend at the birth of any child; (3) Have printed and published for distribution throughout the State advice and information concerning the dangers of ophthalmia neonatorum and the necessity for the prompt and effective treatment thereof; (4) Furnish similar advice and information, together with copies of this law, to all physicians, midwives, and others authorized by law to attend at the birth of any child; (5) Prepare appropriate report blanks and furnish them to all local health officers for distribution to physicians and midwives free of charge; (6) Report any and all violations of this Act to the prosecuting attorney of the district wherein the violation is committed. As amended by act approved June 8, 1943. III. Collusion to misstate or conceal facts.] §6. Any collusion between any official and any person, or between any others herein named, to misstate or conceal any facts which under this Act are essential to report correctly any case of ophthalmia neonatorum, shall likewise constitute a misdemeanor, and any person upon conviction thereof, shall suffer a penalty such as is hereinafter provided. I 12. State's Attorney to prosecute.] § 7. It shall be the duty of the State’s Attorney for the proper district to prosecute for all misdemeanors as herein pre- scribed. MB. Penalty.] § 8. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or be imprisoned in the county jail not to exceed six months, or both, in the discretion of the court. As amended by act approved April 20, 1933. (III. Rev. Stat. 1943; Chap. 91, Sec. 106-113.) 32 Important factors in the control of venereal disease have been the two statutes quoted immediately below regarding venereal disease tests before the issuance of marriage licenses and tests for syphilis for every pregnant woman. Venereal disease tests before the issuance of a marriage license will reasonably insure that both parties are free from such diseases at the time of marriage. This not only prevents infection from the marriage partner, but also tends to bring under medical care many persons who are infected. It is especially significant since persons applying for marriage licenses are ordinarily from those age groups in which the incidence of venereal disease is greatest. Syphilis, called by Sir William Osier "the great crippler,” can and does account for handicaps suffered by many children. The prevention of syphilis is therefore of great concern to anyone interested in children. Examination for Venereal Disease AN ACT to revise the law in relation to marriages. Approved February 27, 1874. (Sections 1-6 omitted.) 6a. Examination tor venereal disease—Certificate of negative findings—Filing— Laboratory tests—Issuance of marriage licenses irrespective of laboratory tests and clinical examination—Penalties—License void after 30 days.] § 6a. All persons mak- ing application for a license to marry shall at any time within fifteen (15) days prior to such application be examined by a duly licensed physician as to the existence of or freedom from any venereal disease, and, except as otherwise herein pro- vided, it shall be unlawful for the county clerk of any county to issue a license to marry to any person who fails to present for filing with such county clerk a certificate signed by such physician setting forth that such person to the proposed marriage is free from venereal diseases as nearly as can be determined by a thorough physical examination and such standard microscopic and serological tests as are necessary for the discovery of venereal diseases. If, on the basis of negative laboratory and clinical findings the physician in attendance finds no evidence of venereal diseases, he shall issue a certificate to that effect to the examinee, which certificate shall read as follows, to-wit: 1, (Name of Physician) being a physician, legally licensed to practice in the State of (my credentials being filed in the office of in the City of County of State of ) do certify that I did on the day of 19... make a thorough examination of and considered the result of a microscopical examination for gon- ococci and an approved serological test for syphilis, which was made at my request, and believe to be free from all venereal diseases. Signature of Physician Signature of Person Examined Such certificate of negative findings as to each of the parties to a proposed marriage to which laboratory reports of microscopical examinations of smears from the genitalia for the gonococcus of gonorrhea and serologic tests for syphilis are attached, shall be filed with the county clerk of the county wherein the marriage is to be solemnized at the time application is made for a license to marry. Laboratory tests for venereal diseases required hereunder shall be tests approved by the State Department of Public Health and shall be made by laboratories of said Department or by such other laboratories as are approved by said Department. Such tests as may be made by the health departments of cities, villages and incorporated towns maintaining laboratories shall be free of charge. The results of all laboratory tests shall be reported on standard forms prescribed by the State Department of Public Health. Whenever any such physician’s certificate is required by the provisions of this section, the person whose name is set forth therein as the person who was examined by such physician shall sign such certificate in the presence of such physician before such certificate is filed in the office of the county clerk. 33 Irrespective of the results of laboratory tests and clinical examination, the clerks of the respective counties shall issue a marriage license to parties to a pro- posed marriage (a) when the woman is pregnant at the time of such application, and (b) when the woman has, prior to the time of application, given birth to an illegiti- mate child which is living at the time of such application and the man making such application makes affidavit that he is the father of such illegitimate child. The county clerk shall, in lieu of the health certificate required hereunder, accept, as the case may be, either an affidavit on a form prescribed by the State Department of Public Health, signed by a physician duly licensed in this State, stating that the woman is pregnant, or a copy of the birth record of the illegitimate child, if one is available in this State, or if such birth record is not available, an affidavit signed by the woman that she is the mother of such child. Also irrespective of the results of laboratory tests and clinical examination, the clerks of the respective counties shall issue a marriage license to parties to a proposed marriage when, after investigation, the Director of the State Department of Public Health, or his duly authorized representative, issues or causes to be issued a certificate that such marriage may be consummated without serious danger to the health of either party to the proposed marriage or to any issue of such marriage. Any county clerk who unlawfully issues a license to marry to any person who fails to present for filing the certificate provided for in this Act or who refuses to issue a license to marry to any person legally entitled thereto under this Act, or any physician who knowingly and wilfully makes any false statement in the certificate or permits any person to sign such certificate as the person examined other than the person named by the physician in such certificate as the person examined, or any party or parties having knowledge of any matter relating or pertaining to the examination of any applicant for license to marry, who discloses the same, or any portion thereof, except as may be required by law, shall upon proof thereof be punished by a fine of not less than $100.00 nor more than $500.00 for each and every offense. Any person who obtains any license to marry contrary to the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $100.00 or by imprisonment in the county jail for not less than three (3) months or by both such fine and imprisonment. Any license to marry issued hereunder, is void thirty (30) days after the date thereof. As amended by act approved July 16, 1943. {111. Rev. Stat. 1943; Chap. 89, Sec. 6a.) Also of great importance is the law requiring a blood test for syphilis from every pregnant woman. Syphilologists believe that practically every case of prenatal syphilis could be prevented if the mother were adequately treated early in pregnancy. This law requiring that every pregnant woman be tested for syphilis will, if applied early in pregnancy, practically eliminate those cases of the disease which are transmitted from the mother to the unborn child and the devastating effects upon such children by the disease. Prevention of Prenatal Syphilis AN ACT concerning blood tests for pregnant women for the purpose of preventing prenatal syphilis. Filed July 21, 1939. I 13a. Blood tests for pregnant women, as to syphilis.] § 1. Every physician, or other person, attending in a professional capacity a pregnant woman in Illinois, shall take or cause to be taken a sample of blood of such woman at the time of the first examination. Said blood specimen shall be submitted to a laboratory approved by the State Department of Public Health for a serological test for syphilis approved by the State Department of Public Health. In the event that any such blood test shall show a positive or doubtful result a second test shall be made. Such serological test or tests shall, upon request of any physician in the State, be made free of charge by the State Department of Public Health or the Health Departments of cities, villages and incorporated towns maintaining Health Departments. 113b. Birfh certificates, statements as to such blood tests.] §2. In reporting every birth or still birth, physicians and others required to make such reports shall state on the birth certificate or still birth certificate, as the case may be, whether a blood test for syphilis has been made upon a specimen of blood taken from the 34 woman who bore the child for which a birth or still birth certificate is filed, to- gether with the date when the blood specimen was taken and the name of the labora- tory making the test. In no event shall the birth or still birth certificate state the result of the test. I 13c. State Department of Health to administer act concerning blood tests for pregnant women.] § 3. This act shall be administered by the State Department of Public Health. {111. Rev. Stat. 1943; Chap. 91, Sec. 113a-113c.) The statutes quoted immediately below controlling the use and sale of deadly weapons and fireworks are included here because of their preventive aspects. The prohibition against the sale or use of fireworks except for super- vised public displays should reduce the accidents caused by careless use of explosives. Children, especially, have been subject to maiming and even death through carelessness, either by themselves or by their elders, in the use of explosives, firecrackers, and the like. Regulation of the Sale and Use t jji- 7 i of v ireworks AN ACT to prohibit the sale, offering or exposing for sale of fireworks, defining fireworks and to regulate the manner of using fireworks, and to provide penalties for the violation of the provisions of the Act. Approved July 1, 1941. 276.27. "Fireworks" defined.] § 1. The term fireworks shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing an audible effect by explosion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the tvpe of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance; provided, however, that the term "fireworks” shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. 276.28. Sale, use or explosion of fireworks prohibited—Public displays—Permits.] § 2. Except as hereinafter provided it shall be unlawful for any person, firm, co- partnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that city councils in cities, the president and board of trustees in villages and incorporated towns, and outside the corporate limits of cities, villages and incorporated towns, the board of county commissioners in counties not under township organization, and the board of supervisors in counties under town- ship organization, shall have power to adopt reasonable rules and regula- tions for the granting of permits for supervised public displays of fireworks. Every such display shall be handled by a competent individual designated by the local authorities herein specified and shall be of such a character and so located, dis- charged or fired, as not to be hazardous to property or endanger any person or persons. Application for permits shall be made in writing at least fifteen (15) days in ad- vance of the date of the display and action shall be taken on such application within forty-eight (48) hours after such application, is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such dis- play shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Permits may be granted hereunder to any groups of three (3) or more adult individuals applying therefor. No permit shall be required, under the provisions of this Act, for supervised public displays by State or County fair associations. 276.29. Sale at wholesale—Shipping out of State—Signals or illumination—Blank cartridges.] § 3. Nothing in this Act shall be construed to prohibit any resident wholesaler, dealer, or jobber to sell at wholesale such fireworks as are not herein pro- hibited; or the sale of any kind of fireworks provided the same are to be shipped 35 directly out of the State; or the use of fireworks by railroads, public utilities, public and private carriers or other transportation agencies for signal purposes or illumina- tion, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. 276.30. Secirches and seizures—Forfeiture—Destruction.] § 4. Whenever any city council, president and board of trustees of any village or incorporated town, or county board has reason to believe that any violation of this Act has occurred within its jurisdiction as prescribed in Section 2 of this Act and that the person so violating the Act has in his possession fireworks or combustibles, it may file or cause to be filed a complaint in writing, verified by affidavit, with any court, judge or justice of the peace within whose jurisdiction the premises to be searched are situated, stating the facts upon which such belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute the same. Upon the execution of such search warrant, the person executing the same, shall make due return thereof to the court, judge or justice of the peace issuing the same, together with an inventory of the property taken thereunder. The court, judge, or justice of the peace shall thereupon issue process against the owner of such property if he be known, otherwise against the party in whose possession the property so taken was found, if known. In case of inability to serve such process upon the owner or the person in possession of the property at the time of its seizure, as hereinbefore pro- vided, notice of the proceedings before the court, judge or justice of the peace shall be given as required by the statutes of the State governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as hereinabove provided, the court, judge, justice of the peace, or jury, if a jury shall be demanded, shall proceed to determine whether or not such property so seized was held or possessed in violation of this Act. In case of a finding that the fire- works or combustibles seized were possessed in violation of this Act, judgment shall be entered confiscating and forfeiting the property and ordering its delivery to the city, village, incorporated town or county, as the case may be, and in addition thereto, the court, judge or justice of the peace shall have power to tax and assess the costs of the proceedings. Such fireworks or combustibles shall be destroyed by the city, village, incorporated town or county, as the case may be, within a reasonable time after delivery. 276.31. Violations—Punishment.] § 5. Any person, firm, co-partnership, or cor- poration violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dol- lars (| 100) or by imprisonment in the county jail not exceeding ninety days (90), or by both such fine and imprisonment. § 6. Any provision of any act in this State inconsistent with any provision of this Act is hereby repealed. § 7. This Act shall take effect January 1, 1942. (III. Rev. Stat. 1943; Chap. 38, Sec. 276.27-276.31.) Manufacture, Possession. Storage, etc., of Fireworks AN ACT relating to the manufacture, possession, storage, transportation, sale and use of fireworks throughout the State of Illinois. Filed July 11, 1935. 276.1. Title of Act.] § 1. This Act shall be known and may be cited as "The Fireworks Regulation Act of Illinois.’’ 276.2. Definitions.] § 2. The following words and phrases, when used in this Act, shall for the purpose of this Act have the following definition and meaning: (a) The term "fireworks” shall mean and include any combustible or explosive compositions, or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, de- flagration or detonation. (b) The term "fireworks plant” shall mean and include all lands with build- ings thereon, used in connection with the manufacturing or processing of fireworks, as well as storehouses located thereon for the storage of finished fireworks. (c) The term "fireworks factory building” shall mean any building or other structure in which the manufacture of fireworks, other than sparklers, or in which any processing involving fireworks other than sparklers, is carried on. 36 (d) The term "magazine” shall mean any building or other structure used for the storage of explosive raw materials used in the manufacture of fireworks. 276.3. Storage and sale prohibited in certain stores.] § 3. Fireworks shall not be stored or kept for sale in a store: (a) Where paints, oils or varnishes are manufactured or kept for use or sale unless such paints, oils or varnishes are in original unbroken containers. (b) Where rosin, turpentine, gasoline or inflammable substance or substances which may generate vapors are used, stored or offered for sale; or (c) Where there are not two approved chemical fire extinguishers or six pails of water readily available and equipped for use in extinguishing fires. 276.4. Keeping fireworks for sale at wholesale.] § 4. Fireworks to be sold at wholesale shall be kept in a room set aside for the storage of fireworks only. Over each entrance to this room shall be displayed a sign in conspicuous type: "CAUTION —FIREWORKS—NO SMOKING.” No person shall be permitted to be in this room while carrying matches, or a lighted cigar, cigarette or pipe. 276.5. Explosion in vicinity of hospital.] § 5. No fireworks shall be discharged, ignited or exploded at any point in the State within 600 feet of any hospital, asylum or infirmary. 276.6. When retail sale permitted—Prohibition of certain fireworks.] § 6. Be- tween June 27th and July 4th of each year, both inclusive, and at no other time except as provided in Section 7, shall it be lawful to sell at retail articles of fireworks in this State. Fireworks may be sold and used except as provided in Section 7, from June 27th to July 4th, both inclusive, and in such sections of the State where fire- works are customarily used, from December 20, to January 2nd, both inclusive; pro- vided, however, that in years when the Fourth of July falls on Sunday and the suc- ceeding Monday is officially observed, the use and sale of fireworks on July fifth, shall also be permitted. The sale, use, manufacture, or possession of the following articles of fireworks is hereby prohibited at all times, except for special display purposes provided for in Section 7. (a) Toy torpedoes more than % of an inch in length or more than % inch in outside diameter, and containing more than five grains of explosive mixture. (b) Toy pistol paper caps containing more than .35 grains of explosive mixture. (c) Firecrackers and salutes exceeding two inches in length or tk inch in out- side diameter, and containing in any case more than 10 grains of explosive mixture. (d) Sky rockets larger than those commercially designated as two pound size. (e) Balloons, parachutes, or like articles, carrying flaming substance. (f) Any toy cannon, cane, pistol, or other device designed for the purpose of exploding blank cartridges or gun powder. (g) Any article containing a compound or mixture of yellow or white phos- phorus or mercury. (h) Fireworks containing an ammonium salt combined with a chlorate or perchlorate. (i) Fountains throwing a display more than ten feet in height. (j) Explosive fireworks in which the explosive compound is contained in a casing composed of a material harder than an ordinary paper case. 276.7. Sale and use at other times upon permit of fire chief or mayor.] § 7. Upon written permission secured from the chief of the fire department, or in cities, villages or towns where there is no fire department, from the mayor or similar official, fireworks, may be sold and used at other times than those specified in Section 6, for public or private use and exhibitions of fireworks in connection with fairs, carnivals, or other celebrations. Fireworks being held in storage for such exhibitions must be kept in a closed wooden box, or covered with a tarpaulin, until they are to be used. 276.8. Exposure in windows—Original packages—Counters.] § 8. All retailers are forbidden to expose fireworks in windows where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package, and 37 all fireworks kept for sale on front counters must remain in original packages; provided, however, that fireworks in open stock may be kept in show cases or in counters out of reach of the public. 276.9. Smoking.] § 9- No smoking shall be allowed in a store where fireworks are offered for sale. Over each entrance to such a store a sign in large letters shall be displayed, reading, "FIREWORKS FOR SALE—NO SMOKING ALLOWED.” 276.10. Certain type prohibited in theatres.] § 10. The use of what are tech- nically known as fireworks showers or any mixture containing potassium chlorate, and sulphur in theatres or public halls is hereby prohibited. 276.11. Railroad, etc., signals or fuses.] § 11. Nothing in these regulations shall be construed as prohibiting the manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft, or other instrumentalities of transportation. 276.12. Sale to children under 12 years.] § 12. It shall be unlawful for any one to sell fireworks of any kind at any time to children under the age of twelve (12) years, without the consent of their parents. 276.13. Fireworks factory building.] § 13. No factory building used in the manufacture of explosive fireworks shall be situated nearer than five hundred feet to any inhabited dwelling, nor nearer than two hundred feet to any highway or any railroad, nor nearer than one hundred feet to any building used for the storage of explosives or fireworks, nor nearer than fifty feet to any other factory building. This section shall not apply to existing factory buildings in fireworks plants now in operation. (a) All fireworks plants shall be enclosed on all sides by a fence and all openings to such enclosures shall be fitted with suitable gates, which, when not locked, shall be in charge of a competent watchman who shall have charge of the fireworks plant when it is not in operation. This sub-section shall not apply to existing plants. (b) No stoves, or exposed flame shall be used in any part of any fireworks plant, except in the boiler room or machine shop, or in buildings where no fireworks or chemicals are stored therein. All parts of the buildings in fireworks plants shall be kept clean, orderly and free from accumulations of dust and rubbish. (c) Fireworks in the finished state shall not be stored in buildings where fireworks are in process of manufacture. (d) Each shipping package of fireworks shall bear upon the outside thereof the words, "FIREWORKS-—HANDLE CAREFULLY—KEEP FIRE AWAY” in letters not less than 1% inch in height, and in addition shall show the name of the fire- works manufacturer. (e) No employee or other person shall enter or attempt to enter any fireworks plant with matches, a lighted cigar, cigarette or pipe or other flame-producing de- vice, nor with liquor or narcotics in his or her possession or control, nor while under the influence of liquor or narcotics, nor partake of intoxicants or narcotics while in the plant. (f) It shall be the duty of the superintendent, foreman or other person in charge of any fireworks plant to provide safety containers for matches at all main en- trances of the plant, where all matches in the possession of all persons shall be de- posited before entering the plant enclosure. (g) All fireworks plants shall be properly posted with "WARNING” and "NO SMOKING” signs. 276.14. Certificate of registration required for new fireworks plant.] § 14. It shall be unlawful for any person to begin operation of a new fireworks plant without a certificate of registration issued by the Department of Registration and Education pursuant to the provisions of this Act. 276.15. When Certificate issued.] § 15. A person is qualified to receive such certificate of registration if such plant for which a certificate is sought, is constructed and maintained in conformance with the provisions of this Act. 276.16. Application—Fee—Issuance—Certificate to be posted.] § 16. Every person who desires to obtain a certificate of registration shall apply therefor to the 38 Department of Registration and Education, in writing on blanks prepared and fur- nished by said Department. Each application shall state the name and address of the applicant and the address of the plant for which such certificate is sought, together with a detailed description of the plant. Such application shall be verified by the applicant under oath. A registration fee of fifty dollars ($50.00) shall accompany each such application. If upon inspection, the Department of Registration and Education finds that the provisions of this Act have been complied with, a certificate of registration shall be issued to such applicant. Such certificate of registration shall be posted in a conspicu- ous place near the entrance to the fireworks plant and shall continue in force until revoked. 276.17. Denial of certificate.] § 17. If said department denies such application it shall file in its office a statement of the reasons therefor and furnish the ap plicant with a copy of the same. 276.18. Revocation of certificate.] § 18. The department may revoke any cer- tificate of registration if the holder thereof has violated any of the provisions of this Act. 276.19. Reasons for revocation to be filed.] § 19. If a certificate is revoked the department shall file in its office a statement of the reasons therefor and furnish a copy of same to the holder of such certificate. No fireworks plant shall be operated after revocation of its certificate of registration until such fireworks plant complies with this Act, and a new certificate is issued. A record of the certificates of registration, issued and revoked, shall be kept on file in the office of the department, and a duplicate sent to the chief of the fire department of each community in which a fireworks plant is located. 276.20. Hearing—Review of decisions.] § 20. The department shall give all applicants for, or holders of certificates of registration sufficient opportunity to be heard before any final decision to revoke or to refuse to issue a certificate of regis- tration under this Act, shall be rendered. All final orders or decisions of the depart- ment shall be subject to review in the manner hereinafter provided. 276.21. Conduct of hearings.] §21. The manner of conducting hearings pro- vided for in Section 20 of this Act and the procedure as to appeals from any final order or decision of the department, shall conform as nearly as may be, to the pro- visions governing hearings and appeals set forth in Sections 60-c to 60-1, inclusive, of "The Civil Administrative Code of Illinois,” approved March 7, 1917, as amended. 276.22. Rules and regulations.] § 22. The department may adopt reasonable rules and regulations relating to the enforcement of the provisions of this Act. 276.23. Transportation under Interstate Commerce Commission—Militia—Railroad, etc., Signals.] § 23. Nothing in these regulations shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military or naval forces of the United States, nor to the duly authorized militia of the State, nor to the use of signals necessary for the safe operation of railroads, steamboats, trucks, or aircraft. 276.24. Regulation by cities, villages and towns—Partial invalidity.] § 24. The provisions of this Act shall not be construed or held to abrogate or in any way affect the power of cities, villages, and incorporated towns to regulate, restrain and prohibit the use of fireworks, firecrackers, torpedoes, Roman candles, skyrockets and other pyrotechnic displays within their corporate limits. The sections of this Act and every part of such sections are hereby declared to be independent sections and parts of sections, and the invalidity of any section or part thereof shall not affect any other section or part of a section. 276.25. Penalties for violation.] § 25. Whoever fails to comply with or violates any of the provisions of this Act shall be guilty of a misdemeanor, and upon con- viction shall be punished by a fine of not less than $25.00 nor more than $500.00, and whoever, after receiving written notice from the Department of Registration and Education, or its authorized representative, directing compliance with specified pro- visions of the Act fails to comply with the provisions of the Act specified in said 39 notice, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50.00 or more than $1,000.00 or by imprisonment for not exceeding one year, or by both such fine and imprisonment in the discretion of the court. 276.26. Effective date.] § 26. This Act shall take effect on the first day of August, Nineteen Hundred and Thirty-five. {111. Rev. Stat. 1943; Chap. 38, Sec. 276.1-276.26.) Deadly Weapons AN ACT revising the law relating to deadly weapons. Filed July 3, 1925. 152. Having in possession or selling.] § 1. It shall be unlawful for any person to carry or possess or sell, loan or give to any person, any black-jack, slung-shot, sand- club, sand-bag, metal knuckles, bludgeon, or to carry or possess, with intent to use the same unlawfully against: another, a dagger, dirk, billy, dangerous knife, razor, stiletto or any other dangerous or deadly weapon or instrument of like character. 152a. Carrying or possessing fear gas gun, projector or bomb, etc., prohibited— Exceptions.] § 1-A. No person, except a duly appointed or elected law enforcement officer, member of the Army, Navy or Marine Corps of the United States, or of the National Guard, or organized reserves, in pursuance of his official duty, or employee or agent of a bank, trust company, express company, railroad company or of a com- mercial institution, in pursuance of, and while engaged in the discharge of the duties of his or her employment, shall possess or carry on or about his or her person, or in any vehicle a tear gas gun, projector or bomb or any object containing noxious liquid gas or substance. Added by act approved July 18, 1941. 153. Register of sales by dealer.] § 2. All persons dealing in firearms of a size which may be concealed upon the person, at retail, within this State, shall keep a register of all such weapons sold or given away by them. Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the said weapon, the kind, description and number of the weapon and the purpose for which it is purchased or obtained. Date of Name Occu- Kind, Purpose Price sale or address pation of descrip- for which of gift and age of purchaser tion and purchased weapon purchaser or donee No. of or or donee weapon obtained The said register shall be in the following form: Every such person as aforesaid, shall, on demand, allow any police officer, sheriff or deputy sheriff to enter and inspect all stock on hand and shall, on re- quest of such officer, produce for inspection the register so required to be kept as aforesaid. 153a. Defacing identification marks.] § 2-A. No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any firearm. Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same. Added by act approved June 29, 1931. 154. Sale or gift to alien or minor.] § 3. No person, firm, or corporation shall sell or give to any alien or to any minor under the age of 18 years any firearm of a size which may be concealed upon the person. 155. Carrying concealed firearms.] § 4. No person shall carry concealed on or about his person a pistol, revolver or other firearm. This provision does not apply, however, to the following officers while engaged in the discharge of their official duties: Sheriffs, coroners, constables, policemen or other duly constituted peace officers, and wardens, superintendents and keepers of prisons, penitentiaries, jails and 40 other institutions for the detention of persons accused or convicted of crime; nor to the following employes or agents while engaged in the discharge of the duties of their employment: conductors, baggagemen, messengers, drivers, watchmen, special agents and policemen employed by railroads or express companies; nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace while so engaged in assisting such officer. Nor shall any person carry in a motor vehicle any firearm with the intent to use the same in the commission of any crime, nor shall any person who habitually associates with thieves or who habitually frequents houses of ill fame or gambling places, carry in a motor vehicle any firearm. As amended by act approved June 29, 1931. 155a. Carrying in motor vehicle by previous offender.] § 4-A. No person shall carry in a motor vehicle any firearm within ten (10) years after he shall have been convicted of murder, robbery, burglary, assault with intent to commit a felony, or any other crime of violence, or any violation of the first paragraph of Section 4 hereof. Added by act approved June 29, 1931. 156. Penalties.] § 5. Whoever shall violate any of the provisions of Sections I, 1-A, 2-A, 4 or 4-A of this Act shall be guilty of a misdemeanor and, upon convic- tion thereof, shall be punished by a fine of not more than three hundred dollars ($300) or imprisonment in the county jail for a period of not more than one (1) year, or both such fine and imprisonment. Whoever shall violate any of the provisions of Section 2 or Section 3 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300) or imprisonment in the county jail for a period of not more than six (6) months, or both such fine and imprisonment. As amended by act approved July 18, 1941. 157. Prior conviction of certain crimes.] § 6. Whoever, after having been con- victed of murder, robbery, burglary, or assault with intent to commit a felony, shall within five years thereafter violate the provision of either Section 1 or Section 4 of this Act, shall be guilty of a felony and, upon conviction, shall be punished by imprison- ment in the penitentiary for not less than one year nor more than ten years. 158. Firearms in home or place of business.] § 7. The provisions of this Act shall never be construed as depriving any citizen of the right to keep in his home or place of business, any firearm reasonably necessary for the protection thereof. 158a. Construction of Act.] § 8. Nothing contained in Section 2 of this Act shall be construed as in any way negativing or altering the effect of the provisions of Section 3. 158b. Repeal—Revocation of licenses.] §9- "An Act to revise the law in rela- tion to deadly weapons,” filed July 11, 1919, is repealed, and all licenses to carry concealed upon the person, any pistol, revolver or other firearms, issued under the provisions of said act, are hereby revoked and cancelled. {III. Rev. Stat. 1943; Chap. 38, Sec. 152-158b.) Legislation requiring periodic school health examinations and cumulative records of each child’s physical condition creates an important instrument for the early discovery of handicaps or conditions which may lead to handicapping. While such examinations are not preventive measures in themselves, this legislation does create a state-wide case finding program which is a neces- sary foundation for any program of prevention and treatment. School Health Examinations AN ACT to provide for the health, physical education and training of pupils in the public schools. State Teachers’ Colleges and State Normal Universities, and to repeal an act herein named. Approved July 22, 1943. Be it enacted by the People of the State of Illinois, represented in the General 'Assembly: (Sections 523.1-523-3 omitted.) 41 523.4. Physical examinations.] § 4. As soon as practicable, physical examina- tions, as prescribed by the Superintendent of Public Instruction, with the advice and aid of the Department of Public Health, shall be required of all pupils in the public elementary and secondary schools, except as hereinafter provided, immediately prior to or upon their entrance into the first grade, and not less than every fourth year thereafter. Additional health examinations of pupils may be required when deemed necessary by the school authorities. Such examinations shall be made by physicians and dentists licensed to practice in the State. Cumulative records of such examinations shall be kept by the school authorities. Individual pupils objecting to physical examinations on constitutional grounds shall not be required to submit themselves to such examinations, if they present to the boards of directors, boards of inspectors. Boards of Education, or Teachers College Board, a statement of such objection signed by a parent dr guardian of the child. Exempting a pupil from the physical examination does not exempt him from required participation in the program of physical education and training provided in this Act. (Section 523.5 omitted.) {111. Rev. Stat. 1943; Chap. 122, Sec. 523.4.) PROVISIONS FOR PROTECTION, TREATMENT AND CARE The statutes quoted in this section relate to only those treatment facilities established as State services. These by no means exhaust the available treatment facilities for conditions which cause handicaps. In addition to the private medical institutions providing care, there are, throughout the State, numerous private agencies which act as referral agencies for their clients or assume total or partial financial responsibility for furnishing needed services. PHYSICALLY HANDICAPPED CHILDREN An important state-wide agency rendering medical, nursing, and social services to one category of the handicapped—crippled children—is the Divi- sion of Services for Crippled Children of the University of Illinois. This Division, formerly a unit of the Department of Public Welfare, is specially cited here because it offers the only state-wide case finding and treatment program within one agency in the State. The Division was established in 1937 by administrative action within the Department of Public Welfare to render services to crippled children as provided for by the Federal Social Security Act, Title V, Part 2. The purpose of the program, as defined by the Social Security Act is to "extend and improve (especially in rural areas and areas suffering from severe economic distress) . . . services for locating crippled children, and for providing medical, surgical, corrective and other services and care, and facilities for diagnosis, hospitalization, and after-care, for children who are crippled or who are suffering from conditions which lead to crippling.” This program in Illinois is financed through Federal funds, allocated to Illi- nois on the basis of the State’s expenditures at the Illinois Surgical Institute for Children, and through a State appropriation, for the 1943-45 biennium, of $225,000. Of the latter amount, $25,000 is to be expended for care of victims of poliomyelitis of not more than one year’s duration, regardless of the age of the patient. Although the Division utilizes the facilities at the Illinois Surgical Institute for Children for a considerable portion of its patients, the resources of other hospitals throughout the State are also used. Services for Crippled Children 42 This program operates throughout downstate Illinois and, to a limited extent, in Chicago, through a field staff of medical social consultants, ortho- pedic public health nurses, and speech correctionists. More than 100 out- patient diagnostic and treatment clinics are held each year. At these clinics, children who are crippled or in need of oral or plastic surgery are examined by qualified orthopedic surgeons and pediatricians, who make recommenda- tions for further care and treatment. For such cases as are economically eligible, the recommendations are carried out by the Division. The Division operates to supplement rather than to supplant the interest of any local group or organization in the care and treatment of crippled children. It accordingly co-operates with such local organizations and groups in the conduct of some of its clinics. The statutes quoted below represent legislative enactments specifically related to the medical care and treatment of handicapped children. The Civil Administrative Code of 1917 and other enactments relating to the duties of the Departments of Public Welfare and Public Health make provision for many other services which may be performed for handicapped persons. Examples of these services which are not described here are the public health nursing and communicable disease programs of the Department of Public Health, and the medical and training services performed in the various institu- tions of the Department of Public Welfare. Prior to July 1, 1941, the various units making up the Research and Educa tional Hospitals were jointly operated by the Department of Public Welfare and the University of Illinois. Since that date, as the result of an agreement between the two agencies, the administration of these units has been under the University only. Research and Educational Hospitals AN ACT in relation to the founding and operation of Research and Educational Hospitals of the State of Illinois. Approved July 3, 1931. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 71a. Terms defined.] § I. "Department” as used in this Act means the Depart- ment of Public Welfare; "University” means the Board of Trustees of the University of Illinois, and "Research and Educational Hospitals” comprises the University Clinical Institute, the Out Patient Department of the University, the Institute for Juvenile Research, the Illinois Surgical Institute for Children, the Psychiatric Institute and such other hospitals, institutes and infirmaries as may be added thereto by agree- ment of the Department and the University. The Medical and Dental Colleges of the University of Illinois may be operated in conjunction threwith to such extent as may be deemed practicable and subject to agreement with the University. As amended by act filed May 27, 1941. 71b. Management—Control and operation.] § 2. The general management, control and operation of the Research and Educational Hospitals shall be in the Department and the University. In general the Department may have the administra- tion and the University the research, educational and professional activities. The De- partment and the University may by agreement make general rules for the operation and maintenance of the Research and Educational Hospitals. Such rules shall be binding upon the Department and the University until modified by mutual agreement. 71c. Managing officer.] § 3. The Department and the University may, by agreement, provide for a managing officer for the Research and Educational Hos- pitals and prescribe his duties and compensation. If provision be made for him, he shall be appointed by the Department on the nomination of the Universi^v. 7Id. Improvements—Sifts.] § 4. The University may make expenditures for buildings and other improvements from appropriations made to it, which buildings 43 and improvements are upon land the control and legal title to which is in the State of Illinois rather than in the University. Control of buildings erected on such land shall be in the University. Gifts for the Research and Educational Hospitals may be received and shall be administered in accordance with the terms of the gift. 7 le. Fees.] § 5. The rules made by the Department and University may fix charges or fees in connection with services rendered, but no person shall make or collect a personal or professional charge for his own compensation for treating, caring for or nursing a patient in the Research and Educational Hospitals. {111. Rev. Stat. 1943; Chap. 23, Sec. 71a-71e.) This Institute provides surgical care for crippled children and has a capacity of 120 beds. It is used to supply teaching material for the University of Illinois College of Medicine, and has available a complete staff of medical specialists, nurses, physical therapists, and teachers. Admission is obtained through referral by physicians and health and welfare agencies. Surgical Institute for Children AN ACT to establish a surgical institute for children. Approved June 6, 1911. 312. Surgical institute for children authorized.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: There is hereby authorized to be established a surgical institute in and for the State of Illinois for the surgical treatment of children under the age of sixteen years, suffering from physical de- formities or injuries of a nature which will likely yield to surgical skill and treat- ment and which unless so treated will probably make such children, in whole or in part, in after life, public charges. As amended by act approved June 28, 1919. 313. Name.] § 2. Said institute shall be known as the Illinois Surgical Insti- tute for Children; and by such name shall be and constitute a corporation, under the laws of the State of Illinois. 314. Purpose and object.] § 3. The purpose and object of said institute shall be to receive, treat and nurse such children whose parents or guardians may be financially unable to provide surgical treatment, as may be physically deformed or suffering from injuries requiring surgical treatment, to the end that their physical dis- abilities may be removed, and that they may be thereby made able to become self-sus- taining, instead of being or becoming, at some future time, public charges. 315. Management and control.] §4. The management and control of said institution shall be vested in the Department of Public Welfare. As amended by act approved June 28, 1919- 316. Who may be admitted.] § 5. Any child under the age of sixteen years whose parents, or natural guardian, may be unable to furnish proper surgical treat- ment and who may be in need of the same, may be admitted to such institute, upon an order to that effect made by the county judge of the county in which said child may have had a legal residence for one year last past. The county treasurer of the county in which said child may have so resided shall, upon the order of said county judge, furnish said child with transportation from the place where said child may so reside to the place of said institution and return. The order admitting such child shall, when made, be filed with the superintendent of said institute, and said child shall be admitted thereto in the regular order of filing as soon thereafter as said institute can provide room, care and attendance therefor. Said child, if deemed feasible, shall be treated, nursed in said institute, until a recovery is effected, or it becomes apparent that further treatment will be of no avail, whereupon it shall be discharged and re- turned to its former place of residence. As amended by act approved June 28, 1919- 317. Location.] § 6. Said institution shall be located in that portion of Illinois which may be deemed most advantageous. 318. Construction of buildings.] § 7. All buildings for the use of the Illinois surgical institute for children shall be erected or constructed in accordance with the provisions of Sections 28 and 49 of the Civil Administrative Code of Illinois. As amended by act approved June 28, 1919. 44 319. General Superintendent.] §8. The Department of Public Welfare shall appoint a skilled and capable surgeon, general superintendent, and may remove him for cause stated, first having given him a copy of the charges against him, and rea- sonable notice of the time and place when such charges will be heard, and an oppor- tunity to defend himself. As amended by act approved June 29, 1943. 320. Gift, donation, bequest, etc.] § 11. The Department of Public Welfare may, from time to time, accept, hold and use for the benefit of said institution, or the inmates thereof, any gift, donation, bequest or devise of money, or real or personal property, and may agree to and perform any condition of such gift, donation, bequest or devise, not contrary to law. As amended by act approved June 29, 1943. (Sections 9, 10 repealed.") 321. Rules and regulations.] § 12. The Department of Public Welfare shall establish all needful rules and regulations for the management of said institution and the inmates thereof. As amended by act approved June 29, 1943. 321a. Construction.] § 12a. The rights, powers and duties of the Depart- ment of Public Welfare enumerated in the foregoing sections of this act shall be subject to "An Act in relation to the founding and operation of Research and Educational Hospitals of the State of Illinois”, approved July 3, 1931, as amended, and to contracts and agreements between the Board of Trustees of the University of Illinois and the Department of Public Welfare entered into pursuant to said Act. Added by act approved June 29, 1943. (Sections 13-19 repealed.) {111. Rev. Stat. 1943; Chap. 23, Sec. 312-321a.) The name "Illinois Neuropsychiatric Institute” has been substituted for the name "State Psychopathic Institute,” although the latter remains the legal title. A unit of the Research and Educational Hospitals, the Institute provides medical and surgical care for organic neurological and psychiatric cases. Of the seventy-four beds for psychiatric cases and of the forty- eight beds for neurological cases, fourteen and twelve, respectively, are available for children. N euro psychiatric Institute AN ACT to revise the laws relating to charities. Approved June 11, 1912. (Sections 2-9 omitted.) 10. Psychopathic Institute.] § 10. The Department of Public Welfare shall maintain the State Psychopathic Institute and shall appoint a director thereof and a psychologist, who shall perform their duties under the direction of the Department. They shall receive annual salaries to be fixed by the Department. All State institu- tions shall cooperate with the psychopathic institute in such manner as the Depart- ment may from time to time direct. The Department may employ such assistants as are necessary for the service of the State Psychopathic Institute. As amended by act approved June 29, 1943- (III. Rev. Stat. 1943; Chap. 23, Sec. 10.) The Illinois Eye and Ear Infirmary, which is administered by the Depart- ment of Public Welfare and supported by State appropriations, is provided for in three legislative enactments. The Infirmary fur- nishes hospital care and clinic services for all conditions of eye, ear, nose, and throat to indigent citizens of the State whether they are children or adults. The total appropriation of the Infirmary for the 1943-45 biennium was $381,678. Only those portions of the following act which apply exclusively to the Illinois Eye and Ear Infirmary are quoted here. Other provisions of the act Illinois Eye and Ear Infirmary 45 pertaining to charitable institutions in general, will be found on page 80 of this publication. AN ACT to regulate the state charitable institutions and the state reform school, and to improve their organization and increase their efficiency. Approved April 15, 1875. 39, 40. Sections 1, 2 repealed. Act approved June 29, 1943. 44. Object of the eye and ear infirmary.] § 6. The object of the charitable Eye and Ear Infirmary shall be to provide gratuitous board and medical and surgical treatment for all indigent residents of Illinois, who are afflicted with diseases of the eye or ear. (Sections 4l-43a omitted.) 45-59. Sections 7 to 21 repealed. Act approved June 30, 1925 (Sections 60-70 omitted.) {111. Rev. Stat. 1943; Chap. 23, Sec. 44.) AN ACT to change the name of the Illinois Charitable Eye and Ear Infirmary. Approved June 27, 1923. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 70a. Illinois Eye and Ear Infirmary—Change of name.] § 1. The Illinois Char- itable Eye and Ear Infirmary located at Chicago, Illinois, shall, after the passage of this Act, be known as the "Illinois Eye and Ear Infirmary,” and under that name and title shall have, possess, be seized of and exercise all rights, privileges, franchises, powers and estates, which have hitherto belonged to said Illinois Charitable Eye and Ear Infirmary. AN ACT making appropriations for the Illinois Charitable Eye and Ear Infirmary at Chicago. Approved April 10, 1875. {III. Rev. Stat. 1943; Ch. 23, Sec. 70a.) (Sections 1, 2, 3, and 5, appropriation, omitted.) 71. Free admission of poor patients.] § 4. Patients from the State of Illinois who present to the superintendent of the infirmary a written certificate, signed by the supervisor of the town, or by the county judge of the county in which they reside, of their absolute inability to pay charges for board or treatment, shall be admitted and treated free of charge. {111. Rev. Stat. 1943; Ch. 23, Sec. 71.) The treatment of tuberculosis has been given great impetus in Illinois through the law which enabled counties to levy a tax not to exceed one and one-half mills on the dollar on all taxable property in the county for a tuberculosis sanitarium. By November, 1941, sixty-nine counties had voted taxes for this purpose. While all these counties do not have tuberculosis control programs, a good many are providing diagnostic, case-finding, and treat- ment facilities. Other statutes permit counties to combine facilities for the care and treatment of tuberculosis and provide for the establishment of sim- ilar programs by municipalities. The Department of Public Health gave effective assistance to tuber- culosis control programs by the appointment of the Medical Tuberculosis Control Officer and Chief of the Division of Tuberculosis Control, to take office in February, 1942. County Tuberculosis Sanitariums 46 Statutes quoted below are those which provide authority for the establish- ment of county tuberculosis sanitariums, validate prior elections for the establishment of such sanitariums, authorize the establishment of tuberculosis sanitarium districts by contiguous counties, and empower municipalities to establish tuberculosis sanitariums. AN ACT relating to the care and treatment by counties of persons afflicted with tuberculosis and providing the means therefor. Approved June 28, 1915. 164. County board may establish tuberculosis sanitarium—Tax.] § 1. The county board of each county of this State shall have the power, in the manner hereinafter provided, to establish and maintain a county tuberculosis sanitarium, and branches, dispensaries, and other auxiliary institutions connected with the same, within the limits of such county, for the use and benefit of the inhabitants thereof, for the treatment and care of persons afflicted with tuberculosis, and shall have the power to levy a tax, subject to such further limitation as may be occasioned by the issuance of bonds as hereinafter provided, not to exceed one and one-half (iVa) mills on the dollar, an- nually on all taxable property of such county, such tax to be levied and collected in like manner with the general taxes of such county, and to form, when collected, a fund to be known as the "Tuberculosis Sanitarium Fund,” which said tax shall be in addition to all other taxes which such county is now, or hereafter may be, authorized to levy on the aggregate valuation of all property within such county, and the county clerk, in reducing tax levies under the provisions of Section 2 of "An Act concerning the levy and extension of taxes,” approved May 9, 1901, as amended, shall not consider the tax for said tuberculosis sanitarium fund, authorized by this Act, as a part of the general tax levy for county purposes, and shall not include the same in the limitation of one (1) per cent of the assessed valuation upon which taxes are required to be ex- tended; provided, that in order to secure greater working efficiency any county main- taining a tuberculosis sanitarium may convey the property acquired for such purpose, or any part thereof, or any interest therein, to any other county or counties adjacent thereto upon such terms and conditions as the respective county boards thereof shall agree on by a majority vote of all the members of each of said county boards. As amended bv act approved July 1, 1938. 165. Petition—Submission to vote—Joint construction by two or more counties.] § 2. When one hundred legal voters of any county shall present a petition, to the County Board of such county asking that an annual tax may be levied for the establishment and maintenance of a county tuberculosis sanitarium in such county, such County Board shall instruct the County Clerk to, and the County Clerk shall, in the next legal notice of a regular general election in such county, give notice that at such election every elector may vote "For the levy of a tax for a county tuberculosis sani- tarium,” or "Against the levy of a tax for a county tuberculosis sanitarium,” and provisions shall be made for voting on such proposition, in accordance with such notice, and if a majority of all the votes cast upon the proposition shall be for the levy of a tax for a county tuberculosis sanitarium the County Board of such county shall thereafter annually levy a tax of not to exceed one and one-half (H/a) mills n the dollar, which tax shall be collected in like manner with other general taxes in such county and shall be known as the "Tuberculosis Sanitarium Fund,” and there- after the County Board of such county shall, in the annual appropriation bill, ap- propriate from such fund such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such county tuberculosis sanitarium. If a county has adopted a proposition for the levy of a tax of not to exceed one mill on the dollar for a county tuberculosis sanitarium such tax may be increased to not to exceed one and one-half (IV2) mills on the dollar by submitting the proposi- tion to increase such tax to the voters of such county at any general election in the county or any general election in all the townships in such county. The county boards of any two or more adjoining counties each having a popula- tion of less than 500,000 inhabitants may hereafter by agreement provide for the joint construction, maintenance and control of a tuberculosis sanitarium. Such agreement shall specify the site of the proposed sanitarium and the proportionate share of the cost of construction and the cost of maintenance which shall be borne by each of such counties. The proposition for such joint construction, maintenance and control shall be submitted to the voters of each such county at the next succeeding general election in such county or at a special election called for such purpose and shall state the pro- posed site of such sanitarium and the proportionate share of the cost of construction 47 and maintenance to be borne by the respective counties concerned. If such proposition is approved by a majority of the voters in each of such counties voting upon the proposition, the county board of each such county shall appoint three directors. The qualifications, terms of office and removal of said directors appointed in each such county shall be as provided in Sections 3 and 4 of this Act and vacancies shall be filled in the manner provided in Section 5 hereof. The directors so appointed by the several counties shall constitute a joint board of directors for the control and management of the tuberculosis sanitarium. Said joint board of directors shall exercise the powers and be subject to the duties prescribed in this Act for boards of directors of tuberculosis sanitaria. The county board of each of said counties shall annually levy the tax herein provided, and may issue bonds as provided in this amendatory Act, for the purpose of defraying its proportionate share of the cost of construction and maintenance of the tuberculosis sanitarium. If any county shall issue bonds as hereinafter provided, then so long as taxes are required to be levied and extended to pay the principal of and interest on such bonds, the rate extended in any year for the benefit of the tuberculosis sanitarium fund shall be limited to the amount by which one and one-half mills on the dollar exceeds the rate extended in such year to pay such principal of and interest on such bonds. As amended by act approved July 1, 1938. 166. Board of directors—How appointed.] § 3- When in any county such a proposition, for the levy of a tax for a county tuberculosis sanitarium has been adopted as aforesaid, the chairman or president, as the case may be, of the county board of such county, shall, with the approval of the county board, proceed to appoint a board of three directors, one at least of whom shall be a licensed physician, and all of whom shall be chosen with reference to their special fitness for such office. 167. Term of office—Removal.] § 4. One of said directors shall hold office for one year, another for two years, and another for three years, from the first day of July following their appointment, but each until his successor is appointed, and at their first regular meeting they shall cast lots for the respective terms: and annually thereafter the chairman or president, as the case may be, of the county board, shall, before the first day of July of each year, appoint as before one director, to take the place of the retiring director, who shall hold office for three years and until his suc- cessor is appointed. The chairman or president, as the case may be, of the county board may, by and with the consent of the county board, remove any director for mis- conduct or neglect of duty. 168. Vacancies—Compensation.] § 5. Vacancies in the board of directors, occasioned by removal, resignation, or otherwise, shall be reported to the county board, and be filled in like manner as original appointments; and no director shall receive compensation as such, or be interested, either directly or indirectly, in the purchase or sale of any supplies for said sanitarium. 169. Organization—By-laws and rules—Control of funds—Powers.] § 6. Said directors shall, immediately after appointment, meet and organize, by the election of one of their number as president and one as secretary, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules, and regulations, for their own guidance and for the government of the sani- tarium and the branches, dispensaries, and auxiliary institutions and activities con- nected therewith, as may be expedient, not inconsistent with this act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the tuberculosis sanitarium fund, and of the construction of any sanitarium building, or other buildings necessary for its branches, dispensaries, or other auxiliary institutions or activities in connection with said institution, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, or set apart for that purpose; Provided, that all moneys received for such sanitarium with the exception of moneys the title to which rests in the board of directors in accordance with Section 9 infra, shall be deposited in the treasury of said county to the credit of the tuberculosis sani- tarium fund, and shall not be used for any other purpose, and shall be drawn upon by the proper officers of said county upon the properly authenticated vouchers of said board of directors. Said board of directors shall have the power to purchase or lease ground within the limits of such county, and to occupy, lease or erect an appropriate building or buildings for the use of said sanitarium, branches, dispensaries and other auxiliary institutions and activities connected therewith, by and with the approval of the county board: Provided, however, that no such building shall be constructed until detailed plans therefor shall have been submitted to the secretary of the State Board 48 of Health, and shall have been approved by him; And, provided, further, that no building in which tuberculosis patients are to be housed shall be built on the grounds of a county poor farm, but shall have separate and distinct grounds of its own. Said board of directors shall have the power to appoint suitable superintendents or matrons, or both and all necessary assistants, and to fix their compensation, and shall also have the power to remove such appointees, and shall in general carry out the spirit and intent of this act in establishing and maintaining a county tuberculosis sanitarium: Provided, that no sanitarium or branch, or dispensary, or auxiliary institution, or activity, under this act, for tuberculosis patients shall be under the same management as a county poor farm, or infirmary, but shall, on the contrary, be under a management separate and distinct in every particular. One or more of said directors shall visit and examine said sanitarium, and all branches, dispensaries, auxiliary institutions, and activities at least twice in each month, and shall make monthly reports of the condi- tion thereof to the county board. 170. Sanitarium to be free—Regulations.] § 7. Every sanitarium established under this act shall be free for the benefit of such of the inhabitants of such county as may be afflicted with tuberculosis, and they shall be entitled to occupancy, nursing, care, medicines and attendance, according to the rules and regulations prescribed by said board of directors. Such sanitarium shall always be subject to such reasonable rules and regulations as said board of directors may adopt in order to render the use of said sanitarium of the greatest benefit to the greatest number, and said board of directors may exclude from the use of such sanitarium any and all persons who shall willfully violate such rules or regulations: Provided, how- ever, that no person so afflicted shall be compelled to enter such sanitarium, or any of its branches, dispensaries, or other auxiliary institutions without his consent in writing first having been obtained, or, in case of a minor or one under a disability, the consent in writing of the parent or the parents, guardian or conservator, as the case may be. Said board of directors shall, upon request or by consent of the person afflicted, or of the parent or parents, guardian or conservator thereof, have the power to extend the benefits and privileges of such institution, under proper rules and regulations, into the homes of persons afflicted with tuberculosis, and to furnish nurses, instruction, medicines, attendance, and all other aid necessary to effect a cure, and to do all things in and about the treatment and care of persons so afflicted, which will have a tendency to effect a cure of the person or persons afflicted therewith and to stamp out tuberculosis in such county. And said board of directors may extend the privileges and use of such sanitarium and treatment to persons so afflicted, residing outside of such county, in this state, upon such terms and conditions as said board of directors may from time to time by its rules and regulations prescribe. Boards of directors in counties without public tuberculosis sanitarium facilities may use funds secured under the provisions of this Act in providing sanitarium care of tuberculosis patients in private or public sanitariums of the State. As amended by act approved March 17, 1939. 171. Contributions—Annual reports to county board.] § 8. Said board of directors, in the name of the county, may receive from any person any contribution or donation of money or property, and shall pay over to the treasurer of such county all moneys thus received, as often as once in each month, and shall take the receipt of such treasurer therefor; and shall also at each regular meeting of the county board, report to such county board the names of all persons from whom any such contribu- tion or donation has been received, since the date of the last report, and the amount and nature of the property so received from each, and the date when the same was received. And said board of directors shall make, on or before the second Monday in June of each year, an annual report to the county board, stating the condition of their trust on the first day of June of that year, the various sums of money received from the tuberculosis sanitarium fund and from other sources, and how such moneys have been expended and for what purpose, the number of patients, and such other statistics, in- formation and suggestions as they may deem of general interest. 172. Board special trustees of donations, bequests, etc.] §9- Any person desiring to make any donation, bequest or devise, of any money, personal property, or real estate, for the benefit of such sanitarium, shall have the right to vest the title to the money, personal property or real estate so donated, in the board of directors created under this Act, to be held and controlled by such board of directors, when accepted, according to the terms of the deed, gift, devise, or bequest of such property, and as to such property, the said board of directors shall be heM_jnd- Sec. 1—27.) AN ACT to require superintendents of hospitals for the insane to make reports to the county clerks of the various counties in this State. Approved June 8, 1887. 101. Superintendent to furnish with list of insane.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That each super- intendent of any hospital for the insane in this State, shall hereafter, on the first day of January and July of each year, furnish the clerk of the county court of the proper county thereof, with a full and complete list of all insane patients confined in said hospital from said county, stating the date of admission of each, whether said patients be paupers, the present physical and mental condition of each; also giving the names of such as may have died or been discharged since last report, with date of such death or discharge. 102. Penalty.] § 2 Any such superintendent failing to comply with the fore- going section shall be liable to a fine of one hundred dollars for each failure, to be collected by suit, before a justice of the peace of the county court, or other person having relatives or friends confined in said hospital. {III. Rev. Stat. 1943; Chap. 9lV2> Sec. 101—102.) AN ACT making additional provision for the insane and appropriating moneys therefor; also providing for the assignment to the several counties of quotas in the State Hospitals for the Insane and for the collection of moneys due to said hos- pitals from said counties; also repealing an act entitled "An act to secure equality among the counties in the matter of admission of patients into the State Hospitals for the Insane, and to provide for the transfer of patients from one hospital to another 92 and for settlement with such hospitals by the counties and to repeal former acts upon the same subject,” approved May 28, 1881. Approved June 1, 1889. (§§1, 2, 3 and 4, appropriations and plans, omitted.) 72, 73. §§ 5, 6. Repealed by act filed July 13, 1939 74. County board to make settlement for pauper patients.] § 7. The county board or board of supervisors as the case may be, of any county from which there are or hereafter may be patients committed as paupers to any of the State hospitals for the insane is hereby directed and required to make settlement in full as often as once in every six months, for all just charges for clothing and other proper incidental expenses, and to pay the amount due said hospitals in money or negotiable paper worth its face without discount. In case any county shall fail or refuse to pay any just and rea- sonable accounts presented by any of the State hospitals for the insane, and the same shall remain unpaid for one year after it is due, then the trustees of said hospital shall apply to the Circuit Court in and for said delinquent county for a writ of mandamus upon the county treasurer of said county requiring him to pay the said overdue account, and upon proof made of the justice of such claim, the Circuit Court shall issue such writ. 75—103. Repealed by act approved July 8, 1931 (III. Rev. Slat. 1943; Chap. 23, Sec. 72—103.) In addition to the provisions for licensing found in Section 21 of the Mental Health Act, further reference to the licensing powers of the Depart- ment of Public Welfare will be found in Section 28 of "An Act to revise the laws relating to charities.” (See page 79 of this publication.) The licensing and supervision of sanitar- iums and rest homes for persons with men- tal illness or defect is vested in the Division of the Alienist of the Department of Public Welfare. Institutions or schools for the feeble- minded are subject to the same regulations as rest homes. Quoted below are the regulations prepared by the Division of the Alienist for licensing sanitariums and rest homes. License and Supervision of Institutions Treating Mental and Nervous Conditions Private institutions to care for patients with mental or nervous illness shall be divided into two groups; 1. Sanitariums and 2. Rest Homes. Sanitariums (a) Definition. For the care and treatment of persons suffering from any form of mental illness as defined in Section 1 of the Illinois Mental Health Act. (b) Conditions for Licensure. In considering an application for license attenttion will be paid to the adequacy of the following; (I) Physical Plant: (i) Buildings—floor space; furnishings; state of repair. (ii) Heating and ventilation. (iii) Relation to surrounding property—zoning ordinances, etc. (iv) Fire prevention. (v) Protection of patients from injury—windows, radiators, etc. (vi) Bathing and toilet facilities. (vii) Food preparation and distribution. (viii) Accommodation for personnel. 93 (2) Medical Equipment: (i) Hydrotherapy equipment — continuous tubs: pack equip- ment; stimulating equipment. (ii) Clinical laboratory facilities. (hi) Emergency hospital facilities. (iv) Occupational and recreational facilities. (3) Personnel: (i) A duly licensed physician who shall reside on the premises. (ii) A graduate registered nurse, who has had psychiatric ex- perience, in charge of the nursing service. (iii) A sufficient number of nurses and attendants. (iv) An adequate nonmedical personnel. (4) Operation: (i) Adequate medical records shall be kept. For sanitariums these should include: 1. Medical history and results of examinations; mental, physical and laboratory. 2. Progress in the sanitarium. 3. Report of therapy used. 4. Reports of consultants. 5. Restraint orders as provided by Statute, previously quoted. (ii) Accidents shall be reported to the Department within three days of their occurrence. (iii) Mechanical restraint shall not be applied to a patient except on the written order of a physician. This written order shall not be valid for a period longer than twenty-four hours. Rest Homes (a) Definition. For the custodial care of patients with chronic mental illness who are not in need of active medical treatment. (b) Conditions for Licensure. In granting a license attention will be paid to the adequacy of: (I) Physical Plant: (i) Buildings—floor space; furnishings; state of repair. (ii) Relation to surrounding property—zoning ordinances, etc. (iii) Heating and ventilation. (iv) Fire prevention. (v) Protection of patients from injury—windows, radiators, etc. (vi) Bathing and toilet facilities. (vii) Food preparation and distribution. (viii) Accommodation for personnel. (ix) Occupational and recreational facilities. (2) Personnel: (i) A physician available for call, who makes visits at regular intervals when he shall see all patients who are not under the care of an attending physician. (ii) A trained nurse in charge of the nursing personnel. (iii) A sufficient number of nurses and attendants. (iv) A sufficient nonmedical personnel. (3) Operation: (i) Adequate records shall be kept. For Rest Homes these shall include; 1. Adequate identifying information. 2. Physicians’ diagnoses and recommendations. 3. Records of physicians’ visits and observations of patients. (ii) Accidents shall be reported to the Department within three days of their occurrence. (iii) No mechanical restraint shall be used. Patients needing me- chanical restraint shall not be kept in Rest Homes. (iv) The name of a Rest Home shall not include the word "Sanitarium.” 94 SOCIALLY OR EMOTIONALLY MALADJUSTED CHILDREN The Illinois statutes contain many other provisions which are not among those listed below but which relate, to a certain degree, to juvenile delinquency. Included here are those enactments providing for services or facilities for delinquent and pre-delinquent children. Other provisions, which are concerned with adults in their relations to juvenile delinquency, are omitted. The Institute for Juvenile Research has been in operation since March, 1909, and was established as a division of the Department of Public Wel- fare by the Sixty-second General Assembly. It was the first child guidance clinic and had been officially a unit within the Division of the Criminologist. The Institute carries on an extensive teaching and re- search program in addition to diagnosis and treatment of juvenile delin- quents and other types of children with behavior problems. It is used by many public and private agencies for the psychological and psychiatric diag- nosis of children who are delinquent, mentally ill, mentally defective, or socially maladjusted. The appropriation to the Institute for the 1943-45 biennium was $526,786. Institute for Juvenile Research AN ACT in relation to the establishment in the Department of Public Welfare of a Division to be known as the Institute for Juvenile Research and to define its powers and duties. Approved July 16, 1941. 220e. Institute for Juvenile Research created as Division of Department of Public Welfare.] § 1. There is established under the authority and supervision of the De- partment of Public Welfare a Division to be known as the Institute for Juvenile Research. Upon the taking effect of this Act, the Director of the Department of Public Welfare shall appoint a qualified person as Superintendent of said Division, and such other employees and assistants as may be necessary to provide a proper administration of this Act. 220f. Duties of Institute of Juvenile Research.] § 2. The division herein created shall conduct scientific studies, diagnose and promote the treatment of children who are delinquent, mentally ill, mentally defective or socially maladjusted, or who are in danger of becoming so, to the end that delinquency, crime, mental disorders and other forms of human maladjustment may be prevented. In the administration of this Act, the Division shall make personal examination and social studies of such children and shall make its services and treatment available to children in the custody or under the control of the Department of Public Welfare, or of any court, school, public or private social agency or parent or guardian. (III. Rev. Stat. 1943; Chap. 23, Sec. 220e-220f.) The State Training School for Girls at Geneva offers academic training at the elementary and high school levels, and vocational training in beauty culture as well as music, recreational, and gardening activities. Parolees from the school are supervised by the Division of Rehabilitation of Women and Girls of the Department of Public Welfare. On December 31, 1943, the popula- tion of the school was 293. State Training School for Girls AN ACT to provide for a State Home for Juvenile Female Offenders. Approved June 22, 1893. 254, Establishment—Object.] § 3. The Department of Public Welfare may establish and maintain a "State Home for Juvenile Female Offenders,’’ whose object shall be the maintenance, discipline and reformation of girls committed thereto. As amended by act approved June 3, 1943. 252—253. §§ 1, 2. Repealed by act filed July 13, 1939. 95 225—266. §§ 4—15. Repealed by act filed July 13, 1939- 267. Commitment.] § 16 Any girl between the ages of ten and eighteen years may be sentenced and committed, under "An Act to revise the law in relation to the fixing of the punishment and the sentence and commitment of persons convicted of crime or offences, and providing for a system of parole”, approved June 25, 1917, as the same has been or may be amended, to the "State Training School for Girls” the same being the "State Home for Juvenile Female Offenders,” for any and all crimes or offenses instead of the penitentiary, county jail, or house of correction, in the discretion of the court, subject to all the terms of said Act. As amended by act approved July 16, 1943. 268. Who subject to commitment.] § 17. Whenever any girl between the ages of ten and eighteen years is charged with or found guilty of the violation of any statute, law or city ordinance before any justice of the peace, police magistrate, exam- ining magistrate or court, if any credible person, a resident of the county, shall file a petition in any court of record in such county, setting forth the offense charged and that such girl is a vagrant or without a proper home or means of subsistence, or lives with or frequents the company of reputed thieves or other vicious persons, or is or has been in a house of ill-fame, prison or poor house, or setting forth and showing any other facts of a similar nature, showing that it will be for the interest of such girl and the public that she should be sent to said State Home for Juvenile Female Offenders, the court may, if in the opinion of the judge, said State Home for Juvenile Female Of- fenders, is a proper place for such girl, cause such girl to be brought before it and cause a jury of six competent persons to be impaneled for the trial of the case, and if the jury shall return their verdict that the facts set forth in the petition are proved, the court may commit such girl to said State Home for Juvenile Female Offenders for a term not less than one year nor beyond the age of twenty-one years. For purposes of convenience the said reformatory may, in all legal proceedings, contracts and papers of every kind, be designated as a "State Training School for Girls,” and such desig- nation shall be taken and held to have the same legal effect as if the name "State Home for Juvenile Female Offenders” were used therein. As amended by act approved May 10, 1901. (§18. Repealed.) 269. Fees.] § 19- In all cases under this Act the fees chargeable shall be the same as in like service in other cases, and shall be chargeable to and paid by the proper county; and the fees for conveying a juvenile offender to the State Home for Juvenile Female Offenders shall be the same, and paid in the same manner, as the fees paid for conveying juvenile offenders to the State Reform School at Pontiac, in this State. 270. No imbecile or idiot to be admitted.] § 20. No imbecile, or idiotic girl, shall be committed or received into the State Home for Juvenile Female Offenders. 271. Discharge.] §21. Any girl committed under the provisions of this Act may be discharged from custody at any time by the Governor or by the Department of Public Welfare, when in his or its judgment the good of the girl or the home will be promoted thereby. As amended by act approved June 3, 1943. 272. Time for good behavior.] § 22. Any girl so committed shall, by good be- havior, earn and be credited with time as follows, to-wit: each month in the first year, five days; each month in the second year, six days; each month in the third year, seven days; each month in the fourth year, eight days; each month thereafter nine days. A girl, for misconduct or violation of the rules of the home, shall be liable to forfeit five days of the good time placed to her credit. The Department of Public Welfare shall release a girl from the home as many days before the expiration of her sentence as she has balance of good days to her credit. As amended by act approved June 3, 1943. (§23. Repealed.) 273. § 24. Repealed by act approved June 3, 1943. 274. Supervision.] § 25. The Department of Public Welfare in the interests of unfortunate girls in this State, may appoint one or more suitable persons to serve without compensation in each county to have a supervising care over all girls in their respective counties who come within this Act, and to aid the Department in providing suitable homes for girls committed to the State Home. As amended by act approved June 3, 1943. 96 275. Exclusive control of inmates.] § 26. The Department of Public Welfare shall receive into said home all girls committed thereto under this Act, and shall have the exclusive custody, care and guardianship of such girls. It shall provide for their support and comfort, instruct them in such branches of useful knowledge as are suited to their years and capacities, and shall teach them domestic vocations, such as sewing, knitting and housekeeping in all its departments. For the purpose of their education and training, and that they may assist in their own support, they shall be required to pursue such tasks suitable to their years as are prescribed by the Depart- ment and, avoiding sectarianism, suitable provisions shall be made for their moral and religious instruction. As amended by act approved June 3, 1943. 276. When girls may be placed in homes—Adoption.] § 27. The Department of Public Welfare may place any girl committed under this Act in the home of any good citizen upon such terms and for such purpose as may be agreed upon, or she may be given to any suitable person of good character who will adopt her. Any dis- position made of any girl under this section shall not bind her beyond her minority. The Department shall have a supervision care of such girl to see that she is properly treated and cared for; and, in case such girl is cruelly treated, or is neglected, or the terms upon which she was committed to the care and protection of any person are not observed, or in case such care and protection shall for any reason cease, the Department shall receive such girl again into the custody, care and protection of the home. As amended by act approved June 3, 1943. 277. Discharge.] § 28. Upon the discharge of any girl from the State home the Department of Public Welfare shall provide her with suitable clothing and five dollars in money, and procure transportation to her home, if she has one in this State, or to the county from which she was sent, at her option. As amended by act approved June 3, 1943. 278. Commitment from U. S. court.] § 28a. Any girl under the age of eighteen (18) years who is a resident of this State and who is under sentence of imprisonment as a result of being convicted of an offense against the United States in any court of the United States sitting in this State, may be committed to and confined in the State Training School for Girls until such sentence is executed, or until duly discharged by the United States, but no person who would be more than twenty-one (21) years of age upon the completion of the sentence of imprisonment imposed upon her shall be committed to the State Training School for Girls. The expense of supporting and caring for any person so committed to the State Training School for Girls shall be borne by the United States. Any person so committed shall be cared for, educated and disciplined in the same manner as other inmates in the State Training School for Girls are cared for, educated and disciplined. The provisions of Sections 21, 22, 27 and 28 of this Act shall not apply to any person committed under the provisions of this section. Added by act approved June 11, 1919. § 29. Repealed.] The Illinois State Training School for Boys, formerly the St. Charles School for Boys, is under the supervision of the Division of Charities of the Department of Public Welfare. The population of the school on December 31, 1943, was 571, of whom 47 were classified as felons and 524 as juvenile de- linquents. {111. Rev. Stat. 1943, Chap. 23, Sec. 252-278.) Home for Delinquent Boys In 1939 the General Assembly provided for the acquisition of a site for and the construction of an addition to the school. This branch, located at Sheridan, was opened in the autumn of 1942 to admit boys who do not benefit from the program offered at the St. Charles Branch. All commit- ments by the courts continue to be made directly to the training school, and transfer to the Sheridan branch is made only after careful observation and study of the individual case. AN ACT in relation to a home for dependent, neglected and delinquent boys. Approved May 10, 1901. Title as amended by act approved July 22, 1939. 221, 222. §§ 1, 2. Repealed by act filed July 13, 1939. 97 223. Name.] § 3. The name of said home shall be the Illinois State Training School for Boys. As amended by act approved July 22, 1939. (This section was also repealed at the same session of the General Assembly by act filed July 13, 1939.) 224—229. §§ 4—9. Repealed by act filed July 13, 1939. 230. Appointment and removal of Superintendent.] § 10. The Department of Public Welfare shall appoint a general Superintendent, and may remove him for cause stated, first having given such officer a copy of the charges against him and reasonable notice of the time and place when the charges will be heard, and an opportunity to defend himself. As amended by act approved June 3, 1943. 232. Examination of Teachers.] § 12. No person shall be employed as teacher who has not passed such examinations as are required for like teaching in the public schools, and who has not a valid certificate of such examination. As amended by act approved June 3, 1943. 233. § 13. Repealed by act filed July 13, 1939. 234. Gifts, donations, etc.] § 14. The Department of Public Welfare may, from time to time, accept, hold and use, for the benefit of the home or inmates thereof, any gift, donation, bequest or devise of money or real or personal property, and may agree to and perform all conditions of the gift, donation, bequest or devise, not contrary to law. As amended by act approved June 3, 1943. 235. Commitment of dependent boy, etc.] § 15. Any court acting under and in pursuance of an act entitled "An Act relating to children who are now or may here- after become dependent, neglected or delinquent, to define these terms, and to provide for the treatment, control, maintenance, adoption and guardianship of the persons of such children", approved April 21, 1899, or any amendment thereto, may commit any boy coming within the terms of said act, to the said home upon the terms contained in said Act. As amended by act approved July 22, 1939. 235a. History of case—Transmission to Department—Segregation.] § 15a. Such courts shall transmit to the Department of Public Welfare, with each commitment, a complete history of the case and a positive verification of age of the boy so com- mitted. The Department of Public Welfare may classify and segregate boys so com- mitted in accordance with such case history and age. Added by act approved July 22, 1939. 236. Rules and regulations.] § 16. The Department of Public Welfare shall establish rules and regulations for the management of the home and the management, education and employment of the inmates thereof, it being intended that they shall, as far as possible, be given a common school education and be learned and practiced in such trades and employments, including agriculture and horticulture, as shall fit them for the ordinary employments of life, and suited as far as may be, to their capacities and disposition. As amended by act approved June 3, 1943. 237. Placing out or returning home.] § 17. The Department of Public Wel- fare shall also make regulations for the placing in homes and placing in employment, or returning to his own home, if suitable, of such inmates of such home as may safely and consistently with the public good and the good of the boy be so placed out, or returned to his own home; it being the intention of this Act that no dependent, neglected or delinquent boy should be kept in such home who can properly be placed out, or re- turned home, longer than may be reasonably necessary to prepare him for such placing out. Any boy placed out may, for good reasons, be returned to said home. As amended by act approved July 21, 1941. 238. Who may be committed—Eligibility for release.] § 1?V2- Any male person between the ages of ten and nineteen years may be sentenced and committed under "An Act to revise the law in relation to the fixing of the punishment and the sentence and commitment of persons convicted of crime or offenses, and providing for a system of parole,” approved June 25, 1917, as the same has been or may be amended, to the "Illinois State Training School for Boys,” for any and all crimes or offenses instead of the penitentiary or county jail, in the discretion of the court, subject to all the terms of said Act. Any person so committed to the "Illinois State Training School for Boys” under the Act hereinabove cited shall be eligible for the institutional release of inmates provided for in the preceding Section 17 of this Act. As amended by act approved July 16, 1943. 98 239. § 17a. Repealed by act approved July 22, 1939. 240. Type of building—Size.] § 18. All buildings to be occupied by officers and boys shall be upon the cottage plan, and in plain, inexpensive style. No building for the occupation of boys shall contain more than forty (40) boys, with such manager or teacher and his family as shall be in charge of the same, and such cottages shall be erected only so fast as they may be required for the accommodation of the boys com- mitted to such home. Suitable dining hall or rooms, chapel, and other necessary buildings may be provided. If an administration building is erected, it shall be of the same general character as the cottages. As amended by act approved June 3, 1943. 241—246. §§ 19—24. Repealed by act filed July 13, 1939. {III. Rev. Slat. 1943; Chap. 23, Sec. 221—246.) The Cook County Home for Dependent and Delinquent Children and the Peoria County Detention Home are two detention homes established in Illinois under the provisions of the following act. County Detention Homes AN ACT to authorize county authorities to establish and maintain a detention home for the temporary care and custody of dependent, delinquent or truant children, and to levy and collect a tax to pay the cost of its establishment and maintenance. Approved May 13, 1907. 304. Establishment and maintenance of detention home.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That the board of county commissioners, or the board of supervisors, as the case may be, in any county in this State, shall have the power and authority to locate, purchase, erect, lease, or otherwise provide and establish and also to support and maintain a detention home for the temporary care and custody of dependent, delinquent or truant children, and to levy and collect a tax to pay the cost of its establishment and maintenance in accordance with the terms and provisions of this Act: Provided, this Act be adopted by the legal voters of such county, as hereinafter provided. 305. Conduct of home—Qualification of employes.] § 2. Such detention home shall be so arranged, furnished and conducted, that, as near as practicable for their safe custody, the inmates thereof shall be cared for as in a family home and public school. To this end the employees provided for and selected to control and manage such home shall consist of a discreet woman of good moral character or a man and woman of good moral character, who shall be respectively designated as "superintend- ent” and "matron” of the detention home, and shall reside therein, and at least one of whom shall be competent to teach and instruct children in branches of education similar to those embraced in the curriculum of the public schools of the county up to and including the eighth grade, and such help or assistance as in the opinion of the county commissioners, or board of supervisors, as the case may be, shall deem necessary to the proper care and maintenance of such home. Such home shall be supplied with all necessary and convenient facilities for the care of the inmates as herein provided. 306. Superintendent and matron—Employes.] § 3. The superintendent and ma- tron shall be designated and appointed by the county judge, to serve during his pleasure, and shall receive such salary, payable in monthly installments, as the board of super- visors, or board of commissioners, as the case may [be] shall provide and fix; such appointments to be approved by a majority vote of the county board of [or] county commissioners, as the case may be, at the next meeting after such appointment, and if such appointment be not confirmed, the appointees shall receive no compensation from the county for services rendered after his or her appointment is disapproved. All other necessary employes for the conduct, care and maintenance of said home shall be selected, named, appointed and confirmed in like manner, upon such salaries as shall be fixed and approved by the county commissioners, or board of supervisors of the county, as the case may be. The supplies or repairs necessary to maintain, operate and conduct said home, shall be furnished upon the requisition of its superintendent to the chair- man of such committee as may be designated by the county commissioners, or board of supervisors, of the county, as the case may be, and the bills therefor shall be audited, passed upon and paid as other bills for supplies furnished for county institutions. 307. Duty of superintendent and matron—Record—Report.] § 4. It shall be the duty of the superintendent or matron to receive and detain temporarily all children 99 who are committed to the home by the court, until further order of the court of said home, to keep a complete record of all children committed thereto, which record shall contain the name, residence, address, and age of each child, and the cause or reason of its detention, the length of time detained, the offense alleged to have been com- mitted by such child, if any, and other useful data or information that may be directed to be kept by the county judge of such county. A record shall also be kept by such superintendent of all expenditures made by the county for the care and maintenance of such home. An annual report to the county commissioners or board of supervisors, as the case may be, shall be made to December 1st in each year by the superintendent, and he shall file a copy thereof with the county clerk of the county, which shall contain an itemized statement of all such expenses necessary to maintain such home, together with the number of inmates therein during each month. The county commissioners or board of supervisors, as the case may be, or the county judge of said county may at any time, demand, in which case it shall be the duty of the superintendent to furnish, such information as said county commissioners, or board of supervisors, as [or] county judge may require concerning the conduct, maintenance or inmates of the home. 308. Tax levy by county board—Referendum.] § 5. The board of county com- missioners or the board of supervisors, as the case may be, of any county, shall have the power and authority, in addition to taxes levied and collected for other county purposes, and in addition to the twenty-five (25) cents per $100.00 valuation limit of taxation, now provided for county purposes, to annually levy and collect a tax not exceeding one-third (Yz) of one mill on the dollar valuation upon all property within the county for the purpose of purchasing, erecting, leasing or otherwise provid- ing, establishing, supporting and maintaining such detention home: Provided, this Act shall be adopted and the levy and collection of such tax authorized by the legal voters of the county in the manner provided by Section 6 of this Act. As amended by act approved July 7, 1927. 309. Proceedings for adopting act.] § 6. The electors of any county may adopt this Act in the following manner: Whenever the legal voters of such county to the number of 25 per cent of the votes cast at the last general election shall petition the county judge of such county not less than 30 days before any general election in such county to submit the proposition whether or not the electors shall adopt this Act, it shall be the duty of the county judge to submit such proposition at the next general election. The proposition so to be voted for shall be on a separate ballot in plain promi- nent type, and be prepared and provided for that purpose in the same manner as other ballots. For adoption of the Act to authorize county authorities to establish and maintain a detention home for dependent, de- linquent or truant children, and to levy and collect a tax of YES not exceeding one-third (Y) of one mill on the dollar valuation to pay the cost of its establishment and mainte- NO nance. If the majority of the votes cast for and against such proposition shall be for such proposition the Act shall be adopted, and the county judge shall enter of record an order declaring this Act in force in such county, and the tax provided for in the Act shall thereafter be annually levied and collected in such county for the purposes speci- fied in this Act, until such time as the legal voters of the county shall abandon this Act in manner provided in Section 7 of this Act. As amended by act approved July 7, 1927. 310. Proceedings to abandon act.] § 7. The electors of any county which shall have adopted this Act as provided by Section 6 thereof, may abandon and repeal this Act in the following manner: Whenever the legal voters of such county, to the number of twenty-five per cent of the votes cast at the last general election in such county, shall petition the county judge not less than 30 days before any general election to submit the proposition whether or not the electors of such county shall abandon this Act, it shall be the duty of the county judge to submit such proposition at the next general elec- tion. The proposition so to be voted for shall be on a separate ballot in plain prom- inent type, and be prepared and provided for that purpose in the same manner as other ballots. 100 To abandon an act to authorize county authorities to establish and maintain a detention home for dependent, delinquent or truant children; and to discontinue the levy and collection YES of a tax of not exceeding one-third () of one mill on the dollar valuation to pay the cost of establishment and maintenance. NO If a majority of the votes cast for and against such proposition shall be for such proposition to abandon this Act, the Act shall be deemed abandoned and the county judge shall enter of record an order declaring this Act abandoned in such county. As amended by act approved July 7, 1927. 311. Jurisdiction to commit to home.] § 8. Any court acting under and in pur- suance of an Act entitled "An Act to regulate the treatment and control of dependent, neglected and delinquent children,’’ approved April 21, 1899, or any amendments thereto, may commit any child coming within the terms of said Act to said home tem- porarily. {111. Rev. Stat. 1943; Chap. 23, Sec. 304-311.) In addition to defining dependent, neglected, and delinquent children, the following laws provide for the court’s jurisdiction over them, for the supervision of associations rendering them service, and for other protective measures. AN ACT relating to children who are now or may hereafter become dependent, neglected or delinquent, to define these terms, and to provide for the treatment, control, maintenance, adoption and guardianship of the persons of such children. Approved April 21, 1899. Title as amended by act approved June 4, 1907. Neglected and Delinquent Children 190. Persons under 21 wards of state—Definitions—Disposition of child as evidence —Subsequent application for probation.] § 1. (1) All persons under the age of twenty-one (21) years, shall, for the purpose of this Act only, be considered wards of this State and their persons shall be subject to the care, guardianship and control of the court as hereinafter provided. For the purpose of this Act, the words, "dependent child” and "neglected child” shall mean any male child who while under the age of seventeen years or any female child who while under the age of eighteen years, for any reason, is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity, on the part of its parents, guardian or any other person in whose care it may be, is an unfit place for such a child; and any child who while under the age of ten (10) years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing. The words "delinquent child” shall mean any male child who while under the age of seventeen years or any female child who while under the age of eighteen years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause and without the consent of its par- ents, guardian or custodian absents itself from its home or place of abode, or is grow- ing up in idleness or crime; or knowingly frequents a house of ill-repute; or know- ingly frequents any policy shop or place where any gaming device is operated; or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes or visits any public pool room or bucket shop; or wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards or tracks or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority; or uses vile, ob- scene, vulgar, profane or indecent language in any public place or about any school house; or is guilty of indecent or lascivious conduct; any child committing any of these acts herein mentioned shall be deemed a delinquent child and shall be cared for as such in the manner hereinafter provided. A disposition of any child under this Act or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful 101 or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this Act. Provided, however, that wherever a child who has been found to be delinquent by the decree of such court, shall subsequently be convicted of a felony in any court of record, State or Federal, and upon such conviction shall file or cause to be filed a motion for release on probation, the court before which such conviction has been entered may, in passing upon the application for probation so filed, examine the records of disposition or evidence which were made in the Juvenile Court, upon the written request by the court to such Juvenile Court. The word "child” or "children” may be held to mean one or more children, and the word parent or parents may be held to mean one or both parents, when consistent with the intent of this Act. The word "association” shall include any association, institution or corpora- tion which include in their purposes the care or disposition of children coming within the meaning of this Act. As amended by act approved July 1, 1941. 191. Jurisdiction of courts.] § 2. The circuit and county courts of the several counties in this State, shall have original jurisdiction in all cases coming within the terms of this Act. In all trials under this Act any person interested therein may demand a jury of six or the judge of his own motion may order a jury of the same number to try the case. 192. Designation of juvenile court.] § 3. In counties having over 500,000 pop- ulation the judges of the circuit court shall, at such times as they shall determine, designate one or more of their number whose duty it shall be to hear all cases coming under this Act. 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 a book or books to be kept for that purpose, and known as the "Juvenile Record,” and the court may for convenience be called the "Juvenile Court.” 193. Petition.] §4. Any reputable person, being a resident of the county, may file with the clerk of the court having jurisdiction of the matter, a petition in writing, setting forth that a certain child, naming it, within his county, not now or hereafter an inmate of a State institution incorporated under the laws of this State, except as pro- vided in section (s) 12 and 18 hereof, is either dependent, neglected or delinquent as defined in Section 1 hereof: and that it is for the interest of the child and this State that (the) child be taken from its parent, parents, custodian or guardian and placed under the guardianship of some suitable person to be appointed by the court; and that the parent, parents, custodian or guardian of such child, are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, control or discipline such child, or that the parent, parents, guardian or custodian consent that such child be taken from them. The petition shall also set forth, either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parent of a legitimate child or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any of such child; (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner, then of a near relative, or that none such is known to petitioner. The petition shall also state the residences of such parties so far as the same are known to such petitioner. All persons as named in such petition shall be made defendants by name and shall be notified of such proceedings by summons if residents of this State in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this State except only as herein otherwise provided. All persons, if any who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of "all whom it may concern.” The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all per- sons made parties by the designation of "all whom it may concern,” by such description, and notice given by publication as is required in this Act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names. As amended by act approved June 4, 1907. 194. Summons.] § 5. The summons shall require the person alleged to have the custody of such child to appear with the child at that time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the sheriff or by any duly appointed probation officer, even though such officer be the 102 petitioner. The return of such summons with endorsement of service by the sheriff or by such probation officer in accordance herewith shall be sufficient proof thereof. Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or hath (has) gone out of the State, or on due inquiry cannot be found, or is concealed within this State or that his place of resi- dence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of "all whom it may concern” the clerk shall cause publication to be made once in some newspaper of general circulation published in his country (county), and if there be none published in his country (county), then in a newspaper published in the nearest place to his country (county) in this State, which shall be substantially as follows: A, B, C, D, etc. (Here giving the names of such named defendants, if any) and to "all whom it may concern” (if there be any defendant under such designation) Take notice that on the day of A. D. 19. ... a petition was filed by in the court of county to have a certain child, named declared a (dependent or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption.) Now, unless you appear within twenty days after the date of this notice and show cause against such application, the petition shall be taken for confessed and a decree entered. B. F., Clerk. and he shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition and who shall not have been served with summons. Notice given by pub- lication as is required by this Act shall be the only publication notice required either in the case of residents, non-residents or otherwise. The certificate of the clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendent who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on the return day of the summons or if such sum- mons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein spec- ified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed. If a person having the custody or control of the child shall fail without reason- able cause to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall be returned not served upon the person having the custody or control of such child or such person fails to obey the same and in any case when it shall be made to appear to the court by affidavit, which may be on information and belief that such summons will be ineffectual, to secure the pres- ence of the child, a warrant may issue on the order of the court either against the parents or either of them, or guardian or the person having the custody or control of the child or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written con- sent to the proceedings of the other defendants thereto or as soon thereafter as may be, the court shall proceed to hear evidence. The court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after' the filing of the petition, and pending the final dis- position of the case, the court may continue the hearing from time to time and may allow such child to remain in the possession of such custodian, or in its own home sub- ject to the friendly visitation of a probation officer or it may order such child to be placed in the custody of a probation officer of the court, or of any other suitable person appointed by the court, or to be kept in some suitable place provided by the city or county authorities. As amended by act approved June 4, 1907. Dated (the date of publication). 195. Probation officers.] § 6. The court shall have authority to appoint or desig- nate one or more discreet persons of good character to serve as probation officers dur- ing the pleasure of the court. 103 If more than one probation officer is appointed one shall be designated a chief probation officer. The person appointed chief probation officer shall have had expe- rience in social welfare work equivalent to one year spent in active practical welfare work. The probation officers so appointed shall be paid out of the county treasury, monthly, upon proper certification by the court such compensation as may be fixed by the county board. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer in advance when any child is to be brought before the court; it shall be the duty of said probation officer to make such investigations as may be required by the court; to be present in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the judge may require; and to take such charge of any child before and after the trial as may be directed by the court. Nothing herein contained, however, shall be held to limit or abridge the power of the judge or judges so designated under Section 3 of this Act to hear cases coming under this Act, to appoint persons or probation officers, when said judge or judges may see fit and who shall serve without pay for such services as probation officers. As amended by act approved June 13, 1939. 196. Dependent and neglected children.] § 7. If the court shall find any male child under the age of seventeen years or any female child under the age of eighteen years to be dependent or neglected within the meaning of this Act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, and if the parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate or discipline such child, and that it is for the interest of such child and the people of this State that such child be taken from the custody of its parents, cus- todian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character and order such guardian to place such child in some suitable family home or other suitable place, which such guardian may provide for such child or the court may enter an order committing such child to some suitable State institution, organized for the care of dependent or neglected children, or to some training school or industrial school or to some association em- bracing in its objects the purpose of caring for or obtaining homes for neglected or dependnt children, which association shall have been accredited as hereinafter provided. Whenever a child is committed under the terms of this Act to an association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been duly accredited as provided by law; the court may enter an order upon the county to pay to such association in ac- cordance with the terms of the decree of commitment, such amount of money as may be necessary for the tuition, maintenance and care of such child, and upon the accred- ited officer of such association rendering proper account therefor, quarterly, the county board shall allow and order the same paid out of the county treasury; provided, that none of the moneys so paid to such association shall be used for any purpose other than the tuition, maintenance and care of such child. Provided, that no charge shall be made against the county on account of any dependent child in the care thereof who has been by such association put out to a trade or employment; provided, how- ever, that no county shall be chargeable as provided in this section for the support of a dependent or neglected child unless such child is a resident of the county, except where the parent, parents or guardian of such child are unknown or where the child’s place of residence cannot be learned: And provided further, that before the entry of an order upon the county to pay for the support of such dependent or neglected child, the court shall find that the president or chairman of the county board has had due notice of the pendency of said cause." If the parent or parents of such dependent or neglected child are poor and unable to properly care for the said child, but are otherwise proper guardians and it is for the welfare of such child to remain at home, the court may enter an order finding such facts and fixing the amount of money necessary to enable the parent or parents to properly care for such child, and thereupon it shall be the duty of the County Board, through its County Agent or otherwise, to pay to such parent or parents, at such times as said order may designate the amount so specified for the care of such dependent or neglected child until the further order of the court. As amended by act approved June 21, 1923. 104 197. Guardian to be appointed.] § 8. Whenever a dependent, neglected or de- liquent child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of the institution or association, guardian over the person of the child and shall order the guardian to place the child in the institution or with the association, whereof he is such officer and to hold the child, care for, train and educate it subject to the rules and laws that are in force gov- erning the institution or association. As amended by act approved July 9, 1943. 198. Delinquent children, custody of.] § 9. If the court finds that any male child under the age of seventeen years or any female child under the age of eighteen years is delinquent within the meaning of this Act, it may allow such child to remain at its own home subject to the friendly visitation of a probation officer. The child shall report to the probation officer as often as required. If the parents, parent, guardian or custodian consent thereto, or if the court further finds either that the parent, parents, guardian or custodian are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate or discipline the child and that it is for the interest of the child and of the State that the child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of the child and permit it to remain at its home, or order the guardian to cause the child to be placed, or boarded out, in some suitable family home, if provision is made by voluntary con- tribution or otherwise for the payment of the board; or the court may commit the child, if a male, to some training school for boys, or if a female, to an industrial school for girls, or to any institution incorporated under the laws of this State to care for delinquent children, or to any institution provided by the State, county, city, town or village suitable for the care of delinquent children, including the Illinois State Training School for Boys and the State Training School for Girls, or to a duly accredited association which embraces in its objects the care of neglected, dependent or delinquent children and which will receive the child. In every case where a child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of the institution or association, guardian over the person of the child and shall order the guardian to hold the child, care for, train and edu- cate it subject to the rules and laws governing such institution or association. As amended by act approved June 3, 1943. 199. Prosecution against delinquent child.] § 9a. The court may in its discretion in any case of a delinquent child permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violations of city, village, or town ordinance. In such case the petition filed under this Act shall be dismissed. Added by act approved June 4, 1907. 200. Treatment In hospital.] § 9b. The court may, when the health or condition of any child found to be dependent, neglected or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purposes, without charge to the public authorities. Added by act approved June 4, 1907. 201. Order of court to be authority.] § 9c. Any child found to be dependent, neglected or delinquent as defined in this Act, and awarded by the court to a guardian, institution or association, shall be held by such guardian, institution or association, as the case may be by virtue of the order entered of record in such case, and the clerk of the court shall issue and cause to be delivered to such guardian, institution or association a certified copy of such order of the court, which certified copy of such order shall be proof of the authority of such guardian, institution or association in behalf of such child, and no other process need issue to war- rant the keeping of such child. The guardianship under this Act shall continue until the court shall by further order otherwise direct but not after such child shall have reached the age of twenty-one (21) years. Such child or any person interested in such child may from time to time upon a proper showing apply to the court for the appointment of a new guardian or the restoration of such child to the custody of its parents or for the discharge of the guardian so appointed. Added by act ap- proved June 4, 1907. 202. Release on probation.] § 9d. Whenever it shall appear to the court be- fore or after the appointment of a guardian under this Act that the home of the 105 child or of his parents, former guardian or custodian is a suitable place for such child and that such child could be permitted to remain or ordered to be returned to said home consistent with the public good and the good of such child, the court may enter an order to that effect returning such child to his home under probation, parole or otherwise; it being the intention of this Act that no child shall be taken away or kept out of his home or away from his parents and guardian any longer than is reasonably necessary to preserve the welfare of such child and the interest of this State: Provided, however, That no such order shall be entered without first giving ten days’ notice to the guardian, institution or association to whose care such child has been committed, unless such guardian, institution or association consents to such order. Added by act approved June 4, 1907. 203. Report—Citation.] § 9e. The court may, from time to time, cite into court the guardian, institution or association to whose care any dependent, neglected or delinquent child has been awarded, and to require him or it to make a full, true and perfect report as to his or its doings in behalf of such child; and it shall be the duty of such guardian, institution or association, within ten days after such cita- tion, to make such report either in writing verified by affidavit, or verbally under oath in open court, or otherwise as the court shall direct; and upon the hearing of such report, with or without further evidence, the court may, if it see fit, remove such guardian and appoint another in his stead, or take such child away from such institution or association and place it in another, or restore such child to the custody of its parents or former guardian or custodian. Added by act approved June 4, 1907. 203a. Payments by county tor care and support.] § 9f. Whenever a child de- clared dependent or delinquent, is placed under the guardianship of a child placing agency or in an approved family home by order of the court, the court may enter an order upon the county to pay such amount of money as may be necessary for the care and support of the child, not to exceed the sum of $30.00 per month, payable monthly, to such agency or to the persons in whose family home the child has been placed. No county shall be so charged with any such care and support unless the child is a resident of the county, except where the parent, parents or guardian of the child are unknown or the child’s place of residence is unknown nor unless the chairman of the county board has had reasonable notice of the pendency of the proceeding. Every county board shall provide in the annual appropriation bill for payments for the care and support of dependent, neglected and delinquent children placed under the guardianship of a child placing agency or in an approved family home during the year in an amount as in the judgment of the court having jurisdiction under the Act hereinbefore described, may be needed for such purpose. The county treasurer shall file before the twentieth day of each month with the Auditor of Public Accounts an itemized statement of the amount of money paid by the county during the last preceding month under the provisions of this section, certified by the committing courts. Upon receipt of such statement, so certified, the Auditor of Public Accounts shall draw his warrant in favor of each county for one-half of the amount so cer- tified, it being the purpose of this section to provide that the State shall reimburse counties to the extent of one-half the sums contributed by them under this section. Before the fifteenth day of each month, the clerk of the court shall itemize all payments received by him under section 22 and shall pay the amounts thereof to the county treasurer. The county treasurer shall transmit one-half of all such sums received by him from the clerks of such courts, to the Auditor of Public Accounts. Added by act approved July 9, 1943. 204, Cases before justice and police magistrate.] § 10. When in any county where a court is held as provided in section 3 of this Act, a male child under the age of seventeen years or a female child under the age of eighteen years is arrested with or without warrant such child may, instead of being taken before a justice of the peace or police magistrate, be taken directly before such court; or if the child is taken before a justice of the peace or police magistrate, it shall be the duty of such justice of the peace or police magistrate to transfer the case to such court, and the officer having the child in charge to take the child before such court, and, in any case the court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court upon petition as herein provided. In any case, the court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose. As amended by act approved May 16, 1905. 106 205. Children under twelve years not to be placed in jail.] §11. No court or magistrate shall commit a child under twelve (12) years of age to a jail or police station, but if such child is unable to give bail, it may be committed to the care of the sheriff, police officer or probation officer, who shall keep such child in some suitable place provided by the City or County outside of the inclosure of any jail or police station. When any child shall be sentenced to confinement in any institu- tion to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which such adult convicts may be present. 206. Supervision over paroled children.] § 12. The Department of Public Wel- fare with respect to any institution under its control or jurisdiction to which juvenile delinquents are committed by the courts, shall examine the homes of children paroled from the institution, for the purpose of ascertaining and reporting to the court whether they are suitable homes. The Department shall assist children paroled or discharged from such institution in finding suitable employment, and maintain a friendly super- vision over paroled inmates during the continuance of their parole. As amended by act approved June 3, 1943. 207. Associations subject to supervision.] § 13- All associations receiving chil- dren under this Act shall be subject to the same visitation, inspection and super- vision by the Department of Public Welfare as are the public charitable institutions of this State. The Department shall pass annually upon the fitness of every such association as may receive, or desire to receive, children under the provisions of this Act, and every such association shall annually, at, such time as the Department directs, make report thereto, showing its condition, management and competency to adequately care for such children as are, or may be, committed to it, and such other facts as the Department requires. If the Department is satisfied that such association is com- petent and has adequate facilities to care for such children, it shall issue a certificate to that effect which shall continue in force for one (1) year, unless sooner revoked by the Department. No child shall be committed to an association which has not received such a certificate within fifteen (15) months next preceding the commitment. The court may, at any time, require from any association, receiving or desiring to receive, children under this Act, such reports, information and statements as the judge deems necessary for his action, and the court shall in no case be required to commit a child to any association whose standing, conduct or care of children, or ability to care for them is not satisfactory to the court. As amended by act approved June 3, 1943. 208. Associations for care of children.] § 14. No association whose objects may embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated unless the proposed articles of incorporation shall first be submitted to the examination of the Department of Public Welfare, and the Secretary of State shall not issue a certificate of incorporation unless there shall first be filed in his office the certificate of the Department that the Department has examined the articles of incorporation and that, in its judgment, the incorporators are reputable and re- sponsible persons, the proposed work is needed, and the incorporation of such asso- ciation is desirable and for the public good. Amendments proposed to the articles of incorporation shall be submitted in like manner to the Department of Public Wel- fare, and the Secretary of State shall not record such amendment or issue his certif- icate therefor unless there is first filed in his office the certificate of the Depart- ment that it has examined the amendments, that' the association in question is, in its judgment, performing in good faith the work undertaken by it, and that the amendments are in the Department’s judgment, ptoper and for the public good. As amended by act approved June 3, 1943. 209. Petition for adoption of child.] § 15. Whenever the petition filed as is provided in section 3 hereof, or a supplemental petition filed at any time after the appointment of the guardian shall pray that the guardian to be appointed shall be authorized to consent to the legal adoption of the child, and the court upon the hearing shall find that it is to the best interest of such child that the guardian be given such authority, the court may, in its order appointing such guardian, empower him to appear in court where any proceedings for the adoption of such child may be pending, and to consent to such adoption; and such consent shall be sufficient to authorize the court where the adoption proceedings are pending to enter a proper- order or decree of adoption without further notice to, or consent by the parents or 107 relatives of such child: Provided, however, That before entering such order the court shall find from the evidence that (1) the parents or surviving parent of a legitimate child or the mother of an illegitimate child, or if the child has no parents living the guardian of the child, if any, or if there is no parent living and the child has no guardian or the guardian is not known to petitioner, then a near relative of the child, if any there be, consents to such order; or, (2) that one parent con- sents and the other is unfit for any of the reasons hereinafter specified to have the child or that both parents are or that the surviving parent or the mother of an ille- gitimate child is so unfit for any of such reasons—the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunken- ness for the space of one year prior to the filing of the petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child or (f) desertion of the child for more than six (6) months next preceding the filing of the petition. As amended by act approved June 4, 1907. [Apparently the reference made to "Section 3” is a mistake, and should read "Section 4.”] 210. Foreign corporations—Penalty.] § 16. No association which is incorporated under the laws of any other State than the State of Illinois, shall place any child in any family home within the boundaries of the State of Illinois either with or with- out indenture, or for adoption, unless the said association shall have furnished the board of State commissioners of public charities with such guarantee, as they may require that no child shall be brought into the State of Illinois by such society or its agents, having any contagious or incurable disease, or having any deformity, or being of feeble mind, or of vicious character, and that said association will promptly receive and remove from the State any child brought into the State of Illinois by its agent, which shall become a public charge within the period of five (5) years after being brought into this State. Any person who shall receive to be placed in a home, or shall place in a home, any child in behalf of any association, incorporated in any other State than the State of Illinois, which shall not have complied with the requirements of this Act shall be imprisoned in the county jail not more than thirty days, or fined not less than $5.00, or more than one hundred ($100.00) dol- lars, or both in the discretion of the court. 211. Religious belief of parent.] § 17. The Court in committing children shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of said child, or with some association which is controlled by persons of like religious faith of the parents of the said child. 212. County board of visitation.] § 18. Each county judge may appoint a board of visitation of six reputable inhabitants to serve without compensation. The board shall visit as often as once a year, all institutions, societies and associations receiving children under this Act. Visits shall be made by not Jess than two of the members of the board who shall go together or make a joint report. The board of visitors shall report to the court, from time to time, the condition of children received by, or in the charge of such associations and institutions, and shall make an annual report to the Department of Public Welfare, in such form as the Department prescribes. The county board may make appropriations for the payment of the actual and neces- sary expenses incurred by the visitors in the discharge of their official duties. As amended by act approved June 3, 1943. 213. Powers and duties of juvenile court.] § 19. The powers and duties herein provided to be exercised by the county court or the judges thereof, may, in counties having over 500,000 population, be exercised by the circuit courts and their judges as hereinbefore provided for. 214. Industrial and training schools not affected.] § 20. Nothing in this Act shall be construed to repeal any portion of the act to aid industrial schools for girls, the act to provide for an* aid training school for boys, the act to establish the Illinois State Reformatory, or the act to provide for a State Home for Juvenile Female Of- fenders, and in all commitments to said institutions, the acts in reference to said in- stitutions may govern the same, except that in commitments to the State Home for Juvenile Female Offenders at Geneva, Illinois, either this Act or the acts in reference to said institutions shall govern the same and in all proceedings and papers, said institution may be designated as a "State Training School for Girls,” and such * So in L. 1905. Laws 1899 reads "and. 108 designation shall be taken and held to have the same legal effect as if the name "State Home for Juvenile Female Offenders” were used therein. As amended by act approved May 16, 1905. 215. Construction of act.] § 21. This Act shall be liberally construed to the end that its purpose may be carried out, to-wit: That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done, the child be placed in an improved family home and become a member of the family by legal adoption or otherwise. 216. Support of child by parent, etc.] § 22. If it shall appear, upon the hearing of the cause that the parent, parents, or any person or persons named in such peti- tion who are in law liable for the support of such child, are able to contribute to the support of such child, the court shall enter an order requiring such parent, parents or other persons to pay to the guardian so appointed or to the institution to which such child may be committed, a reasonable sum from time to time for the support, maintenance or education of such child and the court may order such parent, parents or other persons to give reasonable security for the payment of such sum or sums and upon failure to pay, the court may enforce obedience to such order by a pro- ceeding as for contempt of court. The court may, on application and on such notice as the court may direct from time to time, make such alterations in the allowance as shall appear reasonable and proper. As amended by act approved June 4, 1907. 217. Compelling assignment of wages, etc.] §23. If the person so ordered to pay for the support, maintenance or education of a dependent, neglected or delinquent child shall be employed for wages, salary or commission, the court may also order that the sum to be paid by him shall be paid to the guardian or institution out of his wages, salary or commission and that he shall execute an assignment thereof pro tanto. The court may also order the parent or the person so ordered to pay the sum of money for the support, maintenance or education of a child, from time to time make discovery to the court as to his place of employment and amount earned by him. Upon his failure to obey the orders of court he may be punished as for con- tempt of court. Added by act approved June 4, 1907. 218. Act not to give to guardian child's estate or change age of minority.] § 24. Nothing in this Act shall be construed to give the guardian appointed under this Act the guardianship of the estate of the child or to change the age of minority for any other purpose except the custody of the child. Added by act approved June 4, 1907. 219. Partial invalidity.] § 25. The invalidity of any portion of this act shall not effect [affect} the validity of any other portion thereof which can be given effect without such invalid part. Added by act approved June 4, 1907. 220. Review.] § 26. Cases under this Act may be reviewed by writ of error. Added by act approved June 4, 1907. (III. Rev. Stat. 1943; Chap. 23, Sec. 190-220.) The Division of Child Welfare, Department of Public Welfare, admin- isters the licensing and supervision of child welfare agencies, family homes, and day nurseries provided for in the following statutes. Placement of Children in Homes AN ACT to provide for the licensing and supervision of child weifare agencies and family homes, to regulate the visitation, place- ment, importation, and transfer of children, and to repeal certain acts therein named. Approved July 10, 1933- 299a. Terms defined.] § 1. For the purposes of this Act: "Child welfare agency” means any person or any institution, whether public or private, incorporated or unincorporated, receiving with or without transfer of custody, one or more neglected, delinquent or dependent children not related by blood or marriage, unattended by parent or guardian, for the purpose of providing such children with care and maintenance, part time or all the time, or of placing them in foster homes, whether for gain or otherwise. This term shall include day 109 nurseries, training schools for boys and industrial schools for girls, but shall not apply to any boarding school in which graded educational instruction is given. "Family home” means the place of residence of any person who receives therein for gain or otherwise one or more children, sixteen years of age or under for control, care and maintenance, with or without transfer of custody, who are not related to such person and whose parents or guardian are hot resident in the same house except not more than two children upon commitment by a court of com- petent jurisdiction. "Department” means the Department of Public Welfare. 299b. License required for child welfare agency or family home.] § 2. No person shall act as a child welfare agency or conduct a family home without a license. Ap- plications for such license shall be made to the department upon blanks furnished by it. Upon receipt of the application in proper form, the department shall ex- amine the agency or home making application, or in the case of a family home may designate a duly licensed child welfare agency or other suitable agency or person to make such examination. If the department upon such examination shall be satisfied as to the qualifications and standards of care of the applicant, it shall issue to the applicant a license to act as a child welfare agency or family home for one year. Such license shall be issued in the manner and form prescribed by the department. 299c. Examination of agency or home.] § 3. The Department shall annually examine every child welfare agency and family home in the State as herein defined, but in the case of a family home such examination may be made by a duly licensed child welfare agency or other suitable agency or person designated by the department as its agent for that purpose. If upon examination the department finds that an agency or home is maintaining adequate standards of care, it shall renew the license of such agency or home without requiring further proof of application of such agency or home; no license shall be renewed without such an examination by the department. No more than four children shall be placed in a family home unless all of such children are members of the same family. 299d. Unlicensed agency or home.] § 4. Whenever the department shall be ad- vised or shall have reason to believe that any person is acting as a child welfare agency or family home in this State without being licensed as provided in this Act, it shall cause an investigation to be made to ascertain the facts. If it finds such person is so acting without a license, it may cause a criminal prosecution to be instituted under the terms of this Act. 299e. Revocation or refusal to renew license.] § 5. The department may re- voke or refuse to renew any license of a child welfare agency or family home in case the licensee shall: (1) substantially and wilfully violate any provision of such license; (2) intentionally make any false statement or report to the department; or (3) be no longer qualified to receive or care for children under the terms of this Act. No license to a child welfare agency or family home shall be revoked nor renewal denied unless the licensee is given notice in writing of the grounds for such proposed revocation, a public hearing upon at least twenty days written notice, and an opportunity thereat to present testimony and confront witnesses. Such notice shall be given by personal service thereof on the licensee at the address in such license specified. Upon the hearing of such proceeding the director of public welfare and the assistant director of public welfare may administer oaths and the department may procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers. Any judge of the circuit court, either in term time or in vacation, upon appli- cation either of the accused or by the department, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the department in any hearing relating to the refusal or revocation of licenses. Upon refusal or neglect to obey the order of the court or judge, the court or judge may compel, by proceedings for contempt of court, obedience of its or his order. 299f. Reports by licensee.] § 6. Every holder of a license under this Act shall report to the department whenever called upon, on forms prescribed bv the 110 department giving the name, age and sex of each child received, the date received, the names and addresses of the parents, parent or legal guardian, the date of birth of the child, the date when the child left the child welfare agency and the names and addresses of the persons with whom such child shall be placed and such other facts relating to the standards herein prescribed and which the department may require. 299g. Visitation of children.] § 7. The department shall visit all children placed in family homes and shall prescribe all rules and regulations relating to such vis- itation. In lieu of visitation by the department, the department may permit the child to be visited by an agent of the child welfare agency which placed the child in the home, and may accept the report of such agent. Such visit shall be made in accordance with the rules of the department and reported on blanks provided by the department. No such permission shall be given unless the department shall have visited a sufficient number of the wards of such child welfare agency to enable it to ascertain the quality of the work done by such agency. After a child has been legally adopted in accordance with the laws of the State of Illinois, it shall no longer be subject to the visitation provided for in this Act. 299h. Commitment of children by court.] § 8. Any court of competent jurisdic- tion may at any time require from any child welfare agency which desires to re- ceive children under "An Act relating to children who are now or mav hereafter become dependent, neglected or delinquent, to define these terms, and to provide for the treatment, control, maintenance, adoption and guardianship of the persons of such children,’’ approved April 21, 1899, as amended, or any Act intended as a substitute therefor, or to which such court has already committed one or more children, whatever reports and information the court shall desire. It shall be the duty of such agency to return a full, true and complete report within ten days after such request, which shall be either in writing verified by affidavit, or under oath in open court or otherwise as the court shall direct. Upon hearing such evidence the court, if not satisfied as to the competence and qualifications of the agency, may refuse to commit children thereto in the future, or it may transfer from its custody to that of another agency, or to its parents or other guardian any child or children which the court had previously committed thereto. 299i. Approval of incorporation by Department of Public Welfare.] § 9. No child welfare agency shall be incorporated unless the proposed articles of in- corporation first are submitted to the examination of the Department of Public Welfare. The Secretary of State shall not issue a certificate of incorporation unless there first is filed in his office the certificate of said Department of Public Welfare certifying that the department has examined the said articles of incorporation and that, in its judgment, the incorporators are reputable and responsible persons, the proposed work is needed, and the incorporation of such agency is desirable and for the public good. Amendments proposed to the articles of incorporation or associa- tion having as an object the care and disposal of dependent, neglected or delin- quent children shall be submitted in like manner to the Department of Public Wel- fare, and the Secretary of State shall not record such amendment or issue his certificate therefor unless there first is filed in his office the certificate of the department certifying that the department has examined the said amendment, that the agency in question is, in its judgment, performing in good faith the work undertaken by it, and that the said amendment is a proper one and for the public good. 299j. Reports in case child brought Into State.] § 10. Any person bringing or sending a child into this State shall report to the department at least once each year and at such other times as the department may require on forms prepared and supplied by the department. Such reports shall be made until such child becomes legally adopted. The department shall have power and authority to make all necessary rules and regulations for the enforcement of this section, and all per- sons bringing or sending children into this State shall comply with all such rules and regulations. 299k. Penalties. § 11. Whoever 1. acts as a child welfare agency or family home without a license so to do; 2. makes materially false statements in order to obtain a license; 3. issues a license without authority; 4. fails to keep the records and make the reports provided for in Section 6 of this Act; 111 3. advertises any service not authorized by license held; or 6. violates any reasonable rule or regulation adopted by the department for the enforcement of the provisions of this Act; is guilty of a misdemeanor, and shall be fined not less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars, or be imprisoned in the county jail not longer than one year, or be both fined and imprisoned, and such term of imprisonment in case of an association or incorporation may be imposed upon its officers who participated in such violation. In a prosecution under this Act, a defendant who relies upon the relationship of any child to himself shall have the burden of proof as to such relationship. 2991 Partial invalidity.] § 12. If any of the provisions of this Act are unconsti- tutional, it is the intent of the General Assembly that so far as possible the re- maining provisions be given effect. 299m. Repeal.] § 13. {111. Rev. Stat. 1943; Chap. 23, Sec. 299a-299m.) AN ACT to revise the laws relating to charities. Approved June 11, 1912. Sections 2-29 omitted. See pages 74-79 of this publication. 30. Visitation of children—Supervision of associations.] § 30. The Department of Public Welfare shall have all the powers and perform all the duties in regard to the visitation of children placed in family homes and the incorporation, super- vision and licensing of associations whose objects may embrace the care of de- pendent, neglected or delinquent children, which were heretofore vested by law in the Board of Administration. The Department may in its discretion revoke any license it has granted. Any superintendent or responsible head of an institution, or any association mentioned in this section or in paragraph 9, of section 4 of this Act, conducting such association without such license shall be punished by a fine of not less than fifty ($50) dollars nor more than one thousand ($1,000) dollars As amended by act approved June 29, 1943. Sections 31-34 omitted. {III. Rev. Stat. 1943; Chap. 23, Sec. 30.) 112 INDEX Accidents, prevention of, 35-41 Admission to charitable institutions, 81 to Dixon State Hospital, 72, 73 to Illinois Eye and Ear Infirmary, 46 to Illinois Surgical Institute for Children, 44 to institution for feeble minded, 68 to institutions for mentally ill, 82-87 to tuberculosis sanitariums, 49, 54, 61-62 to venereal disease clinics or hospitals, 64 Adoption of delinquent girls, 97 of dependent, neglected, and delin- quent children, 107-108 Appropriations for Board of Education for Blind, Deaf, and Dumb, 24 for Commission for Handicapped Chil- dren, 27 for Division for Delinquency Preven- tion, 30 for Division of Services for Crippled Children, 42 for Division of Visitation of Adult Blind, 24 for Illinois Eye and Ear Infirmary, 45 for Institute for Juvenile Research, 95 for special classes and schools in local school districts, 14 for state institutions, 76 for state school for the blind, 25 for state school for the deaf, 25 for trachoma control, 64, 65 for vocational education, 15 for vocational rehabilitation, 16 for Youthful Offenders Commission, 29 Asylums, see Hospitals; Institutions; Sanitariums Auditor of Public Accounts, 8, 9, 10, 11, 12, 13, 16, 18, 25, 77 Big Brothers and Sisters Association, 30 Blind and visually defective classes and schools for, 7, 9-11, 14, 20, 21 education of adult, 24-25 education of, compulsory, 26-27 state school for, 25-26 Blindness, prevention of, 31-32, 64-65 Board of education, 7-13, 20-24 Board of Education for the Blind, Deaf and Dumb, 24-25 Board of Vocational Education, 15, 16, 17, 18 Boarding homes, see Family homes Bureau of Public Welfare, 26 Cardiac, 27 Charitable institutions, 25, 45, 46, 74-75, 78, 79, 80-81 Child guidance clinic, 95 Child study bureaus, 13 Child Welfare, Division of, see Division of Child Welfare Child welfare agency, 107-108 defined, 109 licensing of, 109, 110-111 Child welfare services, 29 Civil administrative code, 31, 43 Classes and schools, see Education Clinics crippled, 42-43 eye, ear, nose and throat, 45 trachoma, 64-65 venereal disease, 64 Commission for Handicapped Children, 27-29 Commission on Youthful Offenders, 29 Commitment to child welfare agency, 111 to classes and schools for truant, in- corrigible, or delinquent, 11 to county detention homes, 101 of dependent, neglected, and delinquent children, 104, 105, 107, 108 to Dixon State Hospital, 72 to institutions for feeble-minded, 65-68 to institutions for mentally ill, 84-85 to Lincoln State School and Colony, 74 to mental institutions, 79 to parental school, 22 to State Training School for Boys, 98, 105 to State Training School for Girls, 96, 97, 105 to Veterans Administration, 86-87 Communicable diseases, see Venereal disease Compulsory education, see Education, compulsory Continuation schools, 23 Cook County Home for Dependent and Delinquent Children, 99-101 County detention homes, 99-101 County superintendent of schools, 8, 11, 13, 23 County tuberculosis sanitariums, 46-52 Crippled, see also Physically handicapped classes for, 20, 21 hospital for, 42-43 services for, 44-45 Deadly weapons, 40-41 Deaf and hard of hearing classes and schools for, 7, 9-11, 14, 20, 21 education of, compulsory, 26-27 higher education, 24-25 113 Deaf and hard of hearing—(Continued) rehabilitation, 17 state school for, 25-26 Delinquency, prevention of, 30-31 Delinquent, see Truant, incorrigible, or delinquent Department of Labor, 18, 19 Department of Public Health, 31, 32, 33, 34, 35, 42, 43, 46, 50, 54, 64 Department of Public Safety, 88 Department of Public Welfare, 8, 10, 18-20, 24, 25, 29, 30, 31, 43-44, 45, 64, 67, 68, 69, 70, 71, 72, 73, 74-92, 93, 95-99, 107-112 Department of Registration and Educa- tion, 38-39 Dependent children, 29 defined, 101 detention homes for, 99-101 family homes for, 75 petition regarding, 102 when feeble-minded, 71 Detention homes, see County detention homes Director of Labor, 15, 28 Director of Public Health, 28 Director of Public Welfare, 9, 25, 28, 30 Director of Registration and Education, 15 Discharge from Dixon State Hospital, 73 from institution for feeble-minded, 69-yO, 71, 73 from institutions for mentally ill, 88-89 from parental school, 22 from State Training School for Boys, 98 from State Training School for Girls, 96, 97 Division of the Alienist, 93 Division of Child Welfare, 29, 109 Division for Delinquency Prevention, 30-31 Division of Services for Crippled Chil- dren, 8, 42-43 Division of Tuberculosis Control, 46 Division of Visitation of Adult Blind, 24 Division of Vocational Rehabilitation, 16, 24 Dixon State Hospital, 72-74, 76 Educable mentally handicapped classes and schools for, 7, 12-13 defined, 12, 27 Education compulsory, 23-24 in local school districts, 7-14 of blind, 9-11, 24-27 of deaf, 9-11, 24-27 of delinquents, 11-12 INDEX of mentally handicapped, 12-13 of physically handicapped, 7-9 vocational, 15-16 Emotionally maladjusted, see Truant, in- corrigible, or delinquent Epileptic institution for, 72-74 Examinations for mental illness, 83, 84-85 mental, 67 physical, 41-42 Excess educational costs appropriations for, 14 reimbursement of, 7, 8, 9, 10, 11, 12, 13 Eye and Ear Infirmary, see Illinois Eye and Ear Infirmary Family homes defined, 110 for delinquent boys, 98, 105 for delinquent girls, 97, 105 for dependent, neglected, or delinquent children, 75, 104, 108, 109, 111 for inmates of charitable institutions, 78-79 licensing of, 109, 110, 112 Federal Security Agency, 16 Federal Social Security Act, see Social Se- curity Act Feeble-minded, see also Mentally handi- capped care and detention of, 65-72 commitment, 68 defined, 65 institutions for, 68-72, 81 Firearms, see Deadly weapons Fireworks defined, 35 manufacture and storage, 36-40 regulation of sale and use, 35-36 Foster homes, see Family homes Guardian of dependent, neglected, or delinquent child,. 102, 104, 105, 106, 109 of feeble-minded, 67-68, 70, 71 of mentally ill, 88 Hard of hearing, see Deaf and hard of hearing Home for delinquent boys, see State Train- ing School for Boys Home for delinquent girls, see State Train- ing School for Girls Hospitals, see also Institutions; Sanitari- ums for mentally handicapped, 72-74 for mentally ill, 74-80, 81-91, 92-93 for venereal disease, 64 114 INDEX Hospitals— (Continued) Illinois Eye and Ear Infirmary, 45-46 Illinois Neuropsychiatric Institute, 45 Illinois Surgical Institute for Children, 42, 43, 44-45 Research and Educational, 43-44 Illinois Eye and Ear Infirmary, 45-46, 64, 76 Illinois Neuropsychiatric Institute, 45 Illinois School for the Blind, see State School for the Blind Illinois School for the Deaf, see State School for the Deaf Illinois Security Hospital, 87 Illinois Society for Prevention of Blind- ness, 31, 64 Illinois State Colony for Improvable Epi- leptics, see Dixon State Hospital Illinois State Training School for Boys, see State Training School for Boys Illinois State Training School for Girls, see State Training School for Girls Illinois Surgical Institute for Children, 42, 43, 44-45 Incorrigibles, see Truant, incorrigible, or delinquent Industrial schools, 105, 108 Insane, see Mentally ill Institute for Juvenile Research, 43, 95 Institutions, see also Hospitals; Sanitariums for delinquents, truants, and incorri- gibles, 95-99 for dependent, neglected, or delinquent children, 106 for epileptics, 72-74 for the feeble-minded, 65, 68, 74 for mentally handicapped, 74-81 for mentally ill, 81-94 for postencephalitics, 72-74 Juvenile court, 71, 102-106, 108-109 Juvenile Court Act, 101-109 Juvenile detention homes see County de- tention homes License of child welfare agencies, 107, 109 of family homes, 109 of institutions for mental diseases, 75 of institutions for mentally ill, 79, 89- 91, 93-94 Lincoln State School and Colony, 74, 76, 77 Maladjusted, socially, see Truant, incor- rigible, or delinquent Marriage law, 33-34 Maternity homes, 32 Medical care for crippled, 42-43, 44-45 for dependent, neglected, or delinquent child, 105 for eye, ear, nose, and throat, 45-46 for handicapped children, 28 for mentally ill, 79 for neurological and psychiatric, 45 for trachoma, 64-65 for tuberculosis, 46-63 for venereal disease, 64 Mental Health Act, 81-92 Mentally handicapped, see also Educable mentally handicapped care and detention of, 65-72 institutions for, 72-74 Mentally ill defined, 81 diagnosis and treatment, 95 hospitals for, 74-80, 81-91, 92-93 Municipal tuberculosis sanitariums, 60-63 Neurological cases medical and surgical care, 45 Neuropsychiatric Institute, see Illinois Neuropsychiatric Institute Ophthalmia neonatorum, 32 Parental schools, 21-23 Parole from Dixon State Hospital, 73 from hospitals for mentally ill, 79 from institutions for feeble-minded, 70 from parental schools, 22-23 Peoria County Detention Home, 99 Physically handicapped, see also Deaf and Blind classes and schools for, 7-9, 14 defined, 9, 27 medical care for, 42-65 vocational rehabilitation of, 16-20 Placement, vocational, 19, 28 Poliomyelitis, 42 Postencephalitics institution for, 72-74 Prevention of accidents, 35-41 of blindness, 31-32 of delinquency, 30-31 of venereal disease, 33-35 Probation, see also Parole of dependent, neglected or delinquent children, 105-106 Probation officer, 103-104, 105, 107 Psychiatric cases medical care for, 45 Psychiatric Institute, see Illinois Neuro- psychiatric Institute 115 INDEX of physically handicapped, 8 at State Training School for Boys, 98 of truant, incorrigible, or delinquent, 11 Trachoma clinics, 64-65. Training School for Boys, see State Train- ing School for Boys Training School for Girls, see State Train- ing School for Girls Transportation to charitable institutions, 25-26, 81 to institution for feeble-minded, 68-69, 81 for special education, 8, 10, 12, 13 Truant, incorrigible, or delinquent, see also State Training School for Boys; State Training School for Girls child welfare services for, 29 classes and schools for, 7, 11-12, 14, 20, 21-23 defined, 101 detention homes for, 99-101 family homes for, 75 prevention of, 30-31 when feeble-minded, 71 Truant officer, 23 Tuberculosis sanitariums, 46-63 Tuberculosis sanitarium districts, 52-60 Tuition for deaf and blind children, 10 for educable mentally handicapped, 12 fpr physically handicapped, 8 University of Illinois, 42, 43, 44 Venereal disease prevention of, 33-35 treatment of, 64 Veterans administration, 86-87 Visually defective, see Blind and visually defective Vocational education, 15-16, 21, 28, 95 Vocational Rehabilitation, 15, 16-20, 24 Vocational Rehabilitation Fund, 17, 18 Vocational school, 19, 21, 28 Reform school, see State Training School for Boys; State Training School for Girls Rehabilitation, vocational, see Vocational rehabilitation Research and Educational Hospitals, 43-45 Rest homes for mentally ill, 93, 94 St. Charles School for Boys, see State Training School for Boys Sanitariums for mentally ill, 93-94 for tuberculosis, 46-63 for venereal disease, 64 School attendance compulsory, 23-24 School directors, see Board of education School districts, see Board of education School health examinations, 41-42 School inspectors, see Board of education Sheridan, 97 Social Security Act, 16, 29, 42 Socially maladjusted, see also Truant, in- corrigible or delinquent diagnosis and treatment of, 95 Special classes and schools, see Education Speech correction, 43 State Home for Juvenile Female Offenders, see State Training School for Girls State Psychopathic Institute, see Illinois Neuropsychiatric Institute State School for the Blind, 25-26, 81 State School for the Deaf, 25-26,. 81 State Training School for Boys, 29, 78, 97-99 State Training School for Girls, 78, 95-97, 108-109 Superintendent of Public Instruction, 8, 9, 10, 11, 13, 15, 24, 25, 28, 42 Surgical Institute for Children see Illinois Surgical Institute for Children Syphilis, see Venereal disease Teachers of blind and visually defective, 10 of deaf and hard of hearing, 10, 20 of educable mentally handicapped, 12-13 116