Neglected child

Parent

Place of safety

Pubiic piace

Superintendent

Jurisdiction of judges and magistrates

(h) "Neglected child" shall mean a child who is
found begging, receiving alms, thieving in a public
place, sleeping at night in the open air, wandering
about at late hours, or associating or dwelling with
a thief, drunkard, or vagrant; or who is incorrigible
or cannot be controlled by its parents; or who is
employed anywhere between the hours of ten
o'clock p.m. of one day and six o'clock a.m. of the
following day; or who, by reason of the neglect,
drunkenness or other vice of its parents, is grow-
ing up without salutary parental control or
education, or in circumstances exposing it to an
idle and dissolute life; or who is found in a house
of ill-fame, or known to associate with or to be in
the company of a reputed prostitute; or who is
a habitual vagrant; or who is an orphan and
destitute; or who is deserted by its parents; or
whose only parent is undergoing imprisonment for
crime; or who by reason of ill-treatment, continual
personal injury, grave misconduct or the habitual
intemperance of its parents or either of them is in
peril of loss of life, health or morality; or in respect
to whom its parents or only parent have or has
been convicted of an offence against this Act, or
under The Criminal Code; or whose home by reason
of neglect, cruelty or depravity, is an unfit place
for such child;

[1910(2), c. 2, s. 23(2); 1911-12, c. 5, s. 19;
1921, c. 5, s. 19.]

(i) "Parent" shall include a guardian and every
person who is by law liable to maintain a child;
(j) "Place of safety" shall include an industrial
school or house of industry for boys and girls,
or a shelter or temporary home established by a
children's aid society, but not a gaol, prison,
police station, lockup or guardroom;

(k) "Public place" shall mean a street, highway or
lane, whether a thoroughfare or not, and any
place of public resort, or to which the public have
or are permitted to have access;

(1) "Superintendent" shall mean the Superintendent
of Neglected and Dependent Children.

[1909, c. 12, s. 2; 1910(2), c. 2, s. 23(1)(2); 1911-12, c. 4,
s. 34(1); 1913(1), c. 9, s. 23; 1916, c. 3, s. 17(1); 1917, c. 3,
s. 4; 1921, c. 5, s. 19.]

Jurisdiction of Judges and Magistrates.

3.-(1) A judge or a retired judge of the Supreme Court or of a District Court shall have jurisdiction under this Act in any part of Alberta.

(2) A police magistrate, or a justice of the peace appointed as a commissioner under this Act or requested by the Attorney General to act as aforesaid, or two justices shall have jurisdiction in the locality for which they respectively hold office. [1909, c. 12, s. 3.]

Superintendent of Neglected Children.

of Neglected

ent Children

4. (1) The Lieutenant Governor in Council may appoint Superintendent an officer to be known as the Superintendent of Neglected and Dependand Dependent Children, whose salary shall be paid out of such moneys as may be appropriated for that purpose by the Legislature; and it shall be his duty

(a) to encourage and assist in the establishment of Duties
children's aid societies;

(b) to advise such societies and instruct them as to the
manner in which their duties are to be performed;
(c) to see that a record is kept by such societies of
all committals and of all children placed in foster
homes under this Act and of such other particulars
as may be deemed desirable;

(d) to direct and supervise the visiting of any place,
where a child is placed pursuant to the provisions
of this Act;

(e) to prepare and submit an annual report to the
Minister:

(f) to perform such other duties as may be prescribed
by the Lieutenant Governor in Council.

Super

(2) The Superintendent shall have and may exercise Powers of all the powers conferred upon a children's aid society, and intendent shall have power to appoint such person or persons or committee as he may see fit to act for him as occasion may require. [1909, c. 12, s. 4.]

Children's Shelters.

shelters

5.-(1) For the better protection of neglected children Children's the corporation of every city or town having a population of five thousand or over shall provide and maintain one or more places of refuge for such children only, to be known as temporary homes or shelters. [1916, c. 3, s. 17(2).]

(2) Such homes shall be entirely distinct and separate from any penal or pauper institution, and no pauper or convict shall be permitted to live or work therein, and they shall not be used as a permanent residence for any child, but merely for its temporary protection for so long a time. only as shall be absolutely necessary for placing the child in a foster home, not exceeding three months, unless authorized by the Superintendent.

(3) No neglected child shall be refused admittance to a shelter when accompanied by the order of the president of a local children's aid society or of the Superintendent.

[1910(2), c. 2, s. 23(3); 1916, c. 3, s. 17.]

Use of orphan and children's

homes

Supervision

by children's aid society

Dissolution of society

Appointment of officers

to enforce Act

Powers and duties of officers

Appointment
and payment
by children's
aid society
or Super-
intendent in
default of
city or town

Rules by Superintendent

(4) An orphan asylum or children's home may, with the consent of the trustees or governing body thereof, be used as a temporary home or shelter under this section; and when desirable for economical reasons, not inconsistent with the welfare of the children to be provided for, such temporary home or shelter may be established in a private family; but in no case shall such home or shelter be under the same care and management as a penal or pauper institution.

(5) When a children's aid society has been established it shall, during the pleasure of the council of the municipality, but not otherwise, have the supervision and management of children in the temporary home or shelter provided by or at the expense of the municipality; but this provision shall not apply to an orphan asylum or other children's home mentioned in subsection (4) of this section without the consent of the trustees or governing body thereof. [1920, c. 12, s. 1.]

(6) If a society established under this Act ceases to exist or does not hold a meeting for a period of six months, the secretary or other officer shall deliver to the Superintendent all books, documents, records and financial statements, and pay over to him all trust funds on hand, and the society or committee shall thereupon be dissolved and its property shall be vested in the Minister, and the Superintendent shall then reorganize the work, or make such arrangements for carrying it on as the Minister may approve.

(7) Every city or town of five thousand population or over shall appoint and pay one or more agents or officers for the enforcement of this Act and notice of such appointment shall be forthwith given to the children's aid society of the city or town and to the Superintendent.

[1910(2), c. 2, s. 23(3); 1916, c. 3, s. 17(2).]

(8) The agent or officer shall for the purposes of this Act have the powers of a peace officer and shall have authority to enter factories, workshops, stores, homes and all other places where children may be employed or congregated and shall perform such services as may be necessary for the enforcement of this Act. [1910(2), c. 2, s. 23(3).]

(9) If the city or town neglects to provide and pay such agent or officer before the first day of February in each year the children's aid society of the city or town or the Superintendent may appoint such agent or officer for the city or town at a salary to be approved by the Attorney General and such agent or officer shall be entitled to recover such salary from the said city or town. [1910(2), c. 2, s. 23(3).]

(10) The Superintendent may make rules not inconsistent with the provisions of this Act or the regulations made thereunder for the direction of the agent or officer and the enforcement of this Act. [1910(2), c. 2, s. 23(3).]

reports by

(11) Every agent or officer appointed under this Act shall Monthly report monthly to the local children's aid society and to officers the Superintendent according to the forms prescribed by the Superintendent. [1910(2), c. 2, s. 23(3).]

of officers

etc.

(12) The Superintendent may suspend any agent, officer Suspension or employee of a children's aid society, guilty of improper for negligence, conduct or negligence in the performance of his duties, pending investigation by the society, and notice of such suspension shall be served by registered letter on the president of such society, in the district, within five days. thereafter and such agent, officer or employee may be discharged by the municipality, society or person appointing him. [1910(2), c. 2, s. 23(3).]

[1909, c. 12, s. 5; 1910(2), c. 2, s. 23(3); 1916, c. 3, s. 17(2); 1920, c. 12, s. 1.]

Maintenance of Children.

payment by

6.—(1) A judge may, upon the application of any child- Order for ren's aid society to whose custody or control a child is municipality committed, make an order for the payment by the municipality to which the child belongs, of a reasonable sum, not being less than three dollars weekly, for the expense of supporting the child by the society, or in a temporary home, or in a foster home. [1910(2), c. 2, s. 23(4).]

residence

(2) For the purposes of this section a child shall be Presumptive deemed to belong to the municipality in which it has last of child resided for the period of one year; but in the absence of evidence to the contrary, residence for one year in the municipality in which the child was taken into custody shall be presumed.

from other

(3) A municipality which has made a payment under Recovery the provisions of this section for the maintenance of a child municipalities in respect to whom some other municipality is liable shall be entitled to recover the amount so paid from such other municipality and upon proof of payment to obtain from a judge an order for the payment of the same.

from parent

[1913(1), c. 9, s. 23.] (4) A municipality which has made a payment under the Recovery provisions of this section may recover the amount of the same from the parent of the child, and upon proof of payment shall be entitled to an order from a judge directing the parent to pay the amount. [1913(1), c. 9, s. 23.]

maintenance

(5) At any time after the committal of a child the muni- Additional cipality or the children's aid society may apply to the judge of the District Court of the district in which the parent resides for an order for payment of such maintenance or of such additional maintenance as to him may seem just, and a parent may also apply to the judge in like manner for an order reducing the amount payable under any such order, or revoking, varying or suspending the operation of such order.

Enforcing judge's order

Apprehension

of neglected child

Proceedings before judge

Witnesses

Appearance by parent

Delivery of child to society

Filing order

Committal of child to industrial school

Status and duty of

children's

aid society

regarding child

(6) An order made under this section may be enforced in the same manner as an order made by a judge of a District Court in a proceeding in the said Court, and may be enforced under The Extra-curial Orders Act.

[1909, c. 12, s. 6; 1910(2), c. 2, s. 23(4); 1913(1), c. 9, s. 23.]

Apprehension of Neglected Child.

7.-(1) The chief constable or a sergeant of police in any municipality, or any officer of the Alberta Provincial Police, or truant officer appointed under The School Attendance Act, or any officer of a children's aid society, duly authorized thereto by a District Court judge, or the Superintendent, may apprehend without warrant and bring before the judge a neglected child. [1910(2), c. 2, s. 23(5).]

(2) The child shall be brought before the judge for examination within one week after apprehension, and the judge shall investigate the facts of the case and ascertain whether the child is a neglected child and its age, and the name, residence and religion of its parents.

(3) The judge may compel the attendance of witnesses. (4) The parents or person having the actual custody of a child shall be notified of the investigation, and any person may appear on behalf of the child.

(5) If on such investigation the judge finds that the child is a neglected child, he may order that the child be delivered to the children's aid society, and the society may send the child to their temporary home or shelter to be kept until placed in a foster home.

(6) The order shall contain a statement of the facts so far as ascertained and shall be filed with the Superintendent, and the judge shall transmit a certified copy thereof to the children's aid society.

(7) If, in the opinion of the judge, the child has been leading an immoral or depraved life, or is not a fit subject to be dealt with under subsection (5) of this section, the judge may order the child to be committed to the reformatory (if a boy) or to a refuge for boys and girls, or other suitable institution, or to a charitable society willing to receive such child, to be kept, cared for and educated for a period not exceeding three years, and thereafter to be delivered to the children's aid society for the purpose of being placed in a foster home until the child arrives at the age of eighteen years.

[1909, c. 12, s. 7; 1910(2), c. 2, s. 23(5).]

Foster Homes.

8.-(1) The children's aid society to the care of which a child has been committed shall, subject to the provisions