Necessity of consent to giving out child for adoption Prohibition of Penalty Inapplicability to hospitals Ill-treating, neglecting, etc. used for any of the purposes referred to in the four preceding 23. No child under six years of age, whether an inmate of such house, or born therein, or brought thereto, or otherwise, shall be given out for adoption, except by and with the consent of the Superintendent, under such rules and regulations in that behalf as may be approved by the Lieutenant Governor in Council. [1920, c. 12, s. 2.] 24. No proprietor of such maternity house or home for the nursing and maintenance of infants shall advertise that he will adopt a child or children, or hold out inducements to parents to part with their offspring; and when such child is transferred by his parents or given out for adoption to other persons such transfer shall be made with the knowledge and consent of the Superintendent. [1920, c. 12, s. 2.] 25. Any person who contravenes any of the provisions of sections 18 to 24 both inclusive of this Act shall be guilty of an offence under this Act, and liable on summary conviction to a fine of not less than ten dollars and not more than one hundred dollars and costs, and in default of payment of such fine and costs, or in addition thereto, to imprisonment for a term not exceeding six months. [1920, c. 12, s. 2.] 26. Nothing in this Act shall be deemed to apply to a hospital receiving public aid from the Government of the Province of Alberta under The Hospitals Act, nor to any hospital created under the provisions of The Municipal Hospitals Act, 1919. [1920, c. 12, s. 2.] Penalty for Ill-Treatment. 27. Any person who, having the care, custody, control or charge of a boy under the age of fourteen years, or a girl under the age of sixteen years, ill-treats, neglects, abandons or exposes such child, or causes or procures such child to be ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or serious injury to its health, shall be guilty of an offence under this Act, and upon conviction shall be liable to a fine not exceeding one hundred dollars, and in default of payment of such fine, or in addition thereto, to imprisonment for a term not exceeding one year. [1909, c. 12, .s. 17.] Causing Children to be Neglected. 28. (1) Any person who Penalty for certain offences (a) causes or procures a child to be in any public place Begging or selling (b) causes or procures a child to be in any public place Performing (c) causes or procures a child to be employed between places in circus (d) subject to the provisions of subsection (2) of this Performing (e) is wilfully guilty of an act or omission contributing Causing child shall be guilty of an offence under this Act, and on conviction shall be liable to a fine not exceeding one hundred dollars, and in default of payment of such fine, or in addition thereto, to imprisonment for a term not exceeding one year. to be neglected for child to public (2) In the case of any entertainment or series of enter- Permission tainments to take place in premises used for public enter- perform in tainment, or in any circus or other place of public amusement where it is shown that proper provision has been made to secure the health and kind treatment of a child proposed to be employed thereat, the mayor of any city or town or chairman of any village council may grant a licence for such time and during such hours of the day, between ten p.m. of one day and six a.m. of the following day, for the employment for a period not exceeding seven hours in any day of twenty-four hours, subject to such restrictions and conditions as he may think fit, of any child over ten years of age of whose fitness to take part in such entertainment or series of entertainments without injury he is satisfied; and such licence may at any time be varied, added to or revoked by him. children (3) The municipal council shall assign to some person Supervision the duty of seeing that the restrictions and conditions of where any licence granted under authority of this section are duly are employed complied with, and such person shall have power to enter, inspect and examine any place at which the employment of a child is for the time being licensed, which duty shall be Search for neglected child Order for apprehension Right of entry by officer Particular description unnecessary Interfering with wards of children's aid society discharged by the chief constable of the municipality until some other person is appointed. [1909, c. 12, s. 18; 1910(2), c. 2, s. 28(8).] Power of Search. 29. (1) If it appears to a police magistrate, or to a justice of the peace, on information laid before him on oath by any person who in the opinion of the magistrate or justice is bona fide acting in the interest of the child, that there is reasonable cause to suspect that a child has been or is being ill-treated or neglected in any place within the jurisdiction of such magistrate or justice in a manner likely to cause the child unnecessary suffering or to be injurious to its health or morals, such magistrate or justice may issue a warrant authorizing any person named therein to search for such child and if it is found to have been or to be illtreated or neglected to take it to and detain it in a place of safety until it can be brought before a judge, and the judge before whom the child is brought may cause it to be dealt with in the manner provided by section 35 or section 36 hereof. (2) The magistrate or justice may by the same warrant cause any person accused of an offence in respect of the child to be apprehended and brought before a judge to be dealt with according to law. (3) Any person authorized by warrant under this section to search for a child and to take it to and detain it in a place of safety may enter, by force if necessary, any house, building or other place specified in the warrant, and may remove the child therefrom. (4) It shall not be necessary in any information or warrant laid or issued under the provisions of this section to describe a child by name. [1909, c. 12, s. 19.] Interfering With Wards. 30.-(1) No person shall (a) induce any child to leave the building or premises or custody or control of any children's aid society, or of any boys' or girls' home or orphans' home or asylum or children's or infants' home to which such child has been committed or intrusted by competent authority; or (b) induce or attempt to induce a child under the age of eighteen years to leave any service or apprenticeship or any place where the child has been lawfully placed for the purposes of being nursed, supported, educated or adopted; or (c) induce or attempt to induce any child under the or (d) detain or harbour such child after demand made (2) Any person who violates the provisions of this section Penalty shall be guilty of an offence against this Act, and shall be liable to a fine not exceeding twenty dollars and costs, and in default of payment of such fine and costs to imprisonment for any period not exceeding thirty days. [1909, c. 12, s. 20.] Juvenile Offenders. custody of offenders 31. (1) No child charged with an offence against the Separate laws of Canada or of the Province of Alberta or who is juvenile brought before a judge under any of the provisions of this Act shall before trial or examination be confined in a lock-up or a police cell used for persons charged with crime, nor save as hereinafter mentioned shall such child be tried or have its case disposed of in the police court room ordinarily used. custody (2) The council of every municipality shall make provi- Separate sion for the separate custody and detention of such child prior to its trial or examination, by arrangement with a police officer or some person or society willing to undertake the responsibility of such temporary custody or detention on such terms as may be agreed upon, or by providing suitable premises entirely distinct and separated from the ordinary lock-up or police cells. courts (3) The judge shall try such child or examine into its Children's case and dispose thereof, where practicable, in premises other than the ordinary police court premises, or where this is not practicable in the private office of the judge, if he has one, or in some other room in the municipal buildings, or if this be not practicable then in the ordinary police court room, but in such last mentioned case not until two hours have elapsed after the other trials or examinations for the day have been disposed of. take place in (4) Where a children's aid society possesses premises Inquiry may affording the necessary facilities and accommodation a premises of child may, after apprehension under the provisions of this society Act, be temporarily taken charge of by the society until its case is disposed of; and the judge shall hold the examination into the case of such child in the premises of the society. public Exclusion of (5) Where a child or a parent charged with an offence in respect of a child under this Act is being tried, the judge shall exclude from the room or place where such person is being tried or examined all persons other than the counsel and witnesses in the case, officers of the law or of any children's aid society and the immediate friends or relatives of the child or parent. Notice to society of complaint against child Inquiry by society's officer Adjudication by judge Handing over child to home or industrial school Interference by parent Contact with adults [1909, c. 12, s. 21; 1910(2), c. 2, s. 23(9).] 32.—(1) When a complaint is made or pending against a child before a judge he shall at once cause notice in writing to be given to the executive officer of the children's aid society, or to the Superintendent, who shall be given the opportunity of investigating the charge. (2) Upon receiving such notice the officer may proceed to inquire into and make full examination as to the parentage and surroundings of the child, and all the circumstances of the case and report the same to the judge. (3) Where it appears to the judge that the public interest and the interest of the child will be best served thereby, an order may be made for the return of the child to its parents, or friends, or the judge may authorize the said officer to take such child and bind it out to some suitable person until it attains the age of eighteen years, or for any less time, or may impose a fine, or suspend sentence for a definite or indefinite period, or may cause the child, if a boy, to be sent to the industrial school, in which case the report of the officer of the society shall be attached to the warrant of commitment. [1909, c. 12, s. 22.] 33. (1) The judge instead of committing a child to prison may order it to be removed to any place in Alberta, or may hand over the child to the charge of a home for destitute and neglected children, or if a boy, to The Alberta Reformatory for Boys, or children's aid society, and the managers of such home, reformatory or society may permit its adoption by a suitable person, or may apprentice it for the purpose of a suitable trade, calling or service, and the transfer shall be as valid as if the managers were the parents of such child. (2) The parents of such child shall not remove or interfere with the child so adopted, or apprenticed, except by permission in writing of the home, school, or society. [1909, c. 12, s. 23; 1910(2), c. 2, s. 23(10).] 34. No child held for trial or under sentence in any gaol or other place of confinement shall be placed or allowed to remain in the same cell or room in company with adult prisoners, and the officer in charge of such place of confinement shall secure the exclusion of such child from the society of adult prisoners during its confinement. [1909, c. 12, s. 24.] |