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§ 86. Guardianship of indigent children by incorporated orphan asylums. The guardianship of the person and the custody of an indigent child may be committed to an incorporated orphan asylum or other institution incorporated for the care of orphan, friendless or destitute children, by an instrument in writing signed:
1. By the parents of such child, if both such parents shall then be living, or by the surviving parent, if either parent of such child be dead;
2. If either one of such parents shall have for a period of six months then next preceding abandoned such child, by the other of such parents;
3. If the father of such child shall have neglected to provide for his family during the six months next preceding, or if such child is a bastard, by the mother of such child;
4. If both parents of such child are dead, by the guardian of the person of such child lawfully appointed, with the approval of the court or officer which appointed such guardian to be entered of record;
5. If both parents of such child are dead, and no legal guardian of the person of such child has been appointed, and no such guardian has been appointed by will or by deed by either parent thereof, or if the parents have abandoned such child for the period of six months, then next preceding, by the mayor of the city or by the county judge of the county in which such asylum or such other institution is located.
Such instrument shall be upon such terms, for such time and subject to such conditions as may be agreed upon by the parties thereto. It may also provide for the absolute surrender of such child to such corporation. But no such corporation shall draw or receive money from public funds for the support of any such
child committed under the provisions of this section, unless it shall have been determined by a court of competent jurisdiction that such child has no relative, parent or guardian living, or that such relative, parent or guardian, if living, is destitute and actually unable to provide for the support of such child.
CHARITABLE CORPORATION-NOT LIABLE FOR INJURY TO INMATE.-"A corporation incorporated under chapter 319 of the Laws of 1848, as amended by chapter 446 of the Laws of 1883, 'to maintain and support an industrial school and asylum for the sustenance and education of male orphan children,' which is conducted by the Christian Brothers without compensation and which is largely supported by charity, although it receives from the various counties of the State a certain weekly sum for the support of the boys committed to it by the magistrates and other correctional officers of the county pursuant to section 713 of the Penal Code, and also a small sum for the sale of surplus farm products and manufactured articles, is a charitable and benevolent corporation and is not liable to a boy committed to it by a police magistrate for injuries sustained by him while operating a machine in the laundry of the institution in consequence of the negligence of the foreman of the laundry in failing to instruct him concerning the operation of the machine and to warn him of the dangers incident thereto. The rule of respondeat superior does not apply to the case.
"Semble, that, as to such an inmate, the institution acts as one of the governmental agencies of the State, and is, therefore, not liable for negligence." In re action by James Corbett, minor, by Michael J. Corbett, guardian, to recover damages from St. Vincent's Industrial School, Utica, for injuries sustained by plaintiff while assisting in operating a mangle. Supreme Court, January, 1902, Corbett v. St. Vincent's Industrial School of Utica (79 App. Div. 334), reversing judgment of Supreme Court in favor of plaintiff.
Homes for children not compelled to receive children committed to them.— Support, a charge against locality liable, and may be enforced by legal procedure. (See Attorney-General's opinion, page 395.)
§ 87. Record of children to be kept by orphan asylums. All institutions, public or private, incorporated or not incorporated, for the reception of minors, whether as orphans, or as pauper, indigent, destitute, vagrant, disorderly or delinquent persons, are hereby required to provide and keep a record, in which shall be entered the date of reception, and the names and places of birth and residence, as nearly as the same can reasonably be ascertained, of all children admitted in such institutions, and how and by whom and for what cause such children shall be placed therein, and the names, residence, birthplace and religious denomination of the parents of such children so admitted, as nearly as the same can be reasonably ascertained; and whenever any such
child shall leave such institution, the proper entry shall be made in such record, showing in what manner such child shall have been disposed of, and if apprenticed to or adopted by any person or family, or otherwise placed out at service or on trial, the name and place of residence of the person or head of the family to or with whom such child shall have been so apprenticed, adopted or otherwise placed out. The supreme court may, upon application by a parent, relative or legal guardian of such child, after due notice to the institution and hearing had thereon, by order direct the officers of such institution to furnish such parent, relative or legal guardian with such extracts from such record relating to such child as such court may deem proper. Nothing in this section shall be construed to prevent visitation by relatives and friends in accordance with the established rules of such institutions.
§ 88. Care and custody of poor children in institutions. The parent of a poor child, committed to an asylum or other institution by a county superintendent, overseer of the poor, board of charities or other officer, shall not be entitled to the custody thereof, except in pursuance of a judgment or order of a court or judicial officer of competent jurisdiction, adjudging or determining that the interests of such child will be promoted thereby and that such parent is fit, competent and able to duly maintain, support and educate such child. The name of such child shall not be changed while in such asylum or institution.
The Adoption of Children.
Section 110. Definitions; effect of article.
112. Requisites of voluntary adoption.
114. Effect of adoption.
115. Adoption from charitable institutions.
116. Abrogation of voluntary adoption.