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determination of a cause pending before the supreme court or the surrogate's court, such court shall not be deprived of jurisdiction to determine such question but may, in its discretion, refer such question to the county court for hearing and determination. When once jurisdiction has been obtained in the case of any child, it shall, unless a court order shall be issued to the contrary, continue for the purposes of this act during the minority of the child. The duty shall be constant upon the court to give to each child subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of such child and to the best interests of the state.

§ 2. Separate part; general provisions. The jurisdiction herein conferred upon the county court of Chautauqua county shall be exercised by a separate part of the court designated as the children's part. Whenever the word "court" is used without modification in this act it shall refer to the children's part of the county court of Chautauqua county.

This act shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth. It is the intention of this act that in all proceedings under its provisions the court shall proceed upon the theory that a child under its jurisdiction is the ward of the state and is subject to the discipline and entitled to the protection which the court should give such child under the circumstances disclosed in the case.

No adjudication under the provisions of this act shall operate as a disqualification of any child for any public office, and no child shall be denominated a criminal by reason of any such adjudication, nor shall such adjudication be denominated a conviction.

Sessions of the court shall be held at such places throughout the county as the judge thereof shall from time to time determine. The court shall have power to hear any case in chambers or in such other place as the board of supervisors may provide, or as the judge, without the action of the supervisors and without expense to the county, may secure, admitting thereto only such persons as have a direct interest in the case. Such cases shall not be heard in conjunction with any other business of the county court.

The records of all cases may be withheld from indiscriminate public inspection in the discretion of the court; but such records shall be open to inspection by the parents, guardians or other authorized representatives of such child.

§ 3. Petition. Any person having knowledge or information that a child is within the provisions of the preceding section may file with the court a petition verified by affidavit, stating the alleged facts that bring such child within said provisions. The title of the proceedings shall be "county court, children's part, county of Chautauqua, in the matter of (inserting name), a child under sixteen years of age." The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, or the name and residence of the person having the guardianship, custody, or supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown if that be the fact.

84. Issuance of summons; traveling expenses. Upon the filing of the petition the court or the judge thereof may forthwith, or after an investigation by a probation officer or other person, cause to be issued a summons signed by the judge or the clerk of the court, requiring the child together with the parents or the person having the guardianship, custody or supervision of the child or the person with whom the child may be, to appear with the child at the place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this act.

The county judge may, in his discretion, authorize the payment of necessary traveling expenses incurred by any witness or person summoned to appear at the hearing of any case coming within the provisions of this act. Such expenses when approved by the county judge shall be a county charge.

5. Custody of the child; release. If it appears from the petition that the child is embraced within subdivision a of section one of this act, or is in such condition or surroundings that the welfare of the child requires that its custody be immediately assumed, the court may endorse or cause to be endorsed upon the summons a direction that the officer serving the same shall at once take such child into his custody. In the case of any child who has been taken into custody and is being held for the adjudication of the court, the chief probation officer or any other official duly authorized so to do by the court may release the child in the custody of the probation officer or other person, to appear before the court at the time designated. Any child embraced in this act may be admitted to bail as provided by law. When not released as herein provided such child, pending the hearing of the case, shall be detained in such place of detention as hereinafter provided for.

§ 6. Service of summons. Service of summons within the county of Chautauqua shall be made personally by delivering to and leaving with the person summoned a true copy thereof. If the court is satisfied that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court or the judge thereof at any stage of the proceedings may make an order providing for substituted service of the summons or of a supplemental summons in the manner provided for substituted service in civil process in courts of record, and if it shall appear to the satisfaction of the court that any of the parties, other than the child named in said summons are without said county, service may be made by registered mail, by publication or personally without the county in such manner and at such time before the hearing as may be directed in said order. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested by the child or parent or such other person as is mentioned in section four of this act, shall not proceed with the hearing earlier than the third day after the day of the service. Proof of service shall be made substantially as in courts of record. Failure to serve a summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases arising under subdivision a of section one of this act; provided, that for good cause shown, the court shall have made an order dispensing with such service. The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt.

The sheriff of said county shall serve or cause to be served all papers as directed by the court, but all papers may be served by any person delegated by the court for that purpose. The expense incurred in making substitute service or services by publication or personally shall be a county charge.

87. Hearing; judgment. Upon the return of the summons or at the time set for the hearing, the court shall proceed to hear and determine the case in a summary manner. The court may conduct the examination of witnesses and inquire into the habits, surroundings, conditions and tendencies of the child, so as to enable the court to render such order or judgment as shall best conserve the welfare of the child and carry out the objects of this act.

At any stage of the case the court may, in its discretion, appoint an attorney or other suitable person to be the guardian ad litem of the child for the purposes of the proceeding, and the court may call upon the district attorney of the county to appear in any proceeding under this act. In all cases the nature of the proceeding shall be explained to the child, and if they appear, to the parents, guardian or custodian of the child.

The court if satisfied that the child is in need of the care, protection or discipline of the state may so adjudicate and may in addition find the child to be delinquent, neglected, destitute, or in need of more suitable guardianship. Thereupon the court may

(a) Place the child on probation and may allow the child to remain in its home subject to the visitation and control of the probation officer, to be returned to the court for further or other proceedings whenever such action may appear to be necessary, or

(b) Commit the child to the custody of a relative or other fit person of good moral character, subject, in the discretion of the court, to the supervision of a probation officer and the further order of the court, or

(c) Commit the child to the custody of the superintendent of the poor of the said county, who shall provide for such child as in the case of a destitute child, or

(d) Commit the child to a suitable institution maintained by the state or any subdivision thereof, or to any suitable private institution, society or association incorporated under the laws of the state and approved by the state board of charities, authorized to care for children or to place them in suitable family homes, or

(e) Render such further judgment or make such further order or commitment, as any court or magistrate is now or may hereafter be authorized by law to render or make in any case coming within the provisions of this act.

§ 8. Arrest; transfer from other courts. Nothing in this act shall be construed as forbidding the taking into custody with or without a warrant of any child as now or hereafter may be provided by law or as forbidding the issuing of warrants by magistrates as provided by law. Whenever a child less than sixteen years of age is brought before a magistrate in Chautauqua county, such magistrate shall transfer the case to the children's part of the county court by an order directing that the child be

taken forthwith to the place of detention designated by the judge of the court; such magistrate may, however, by order admit such child to bail or release said child in the custody of some suitable person as provided by law, to appear before the court at a time designated in the said order. All papers and processes relating to the case in the hands of such magistrate shall be forthwith transmitted to the court and shall become part of its records. The court shall thereupon proceed to hear and dispose of such case in the same manner as if the proceeding had been instituted in the court upon petition as hereinabove provided. Between the time of the arrest of such child and its appearance before the court, such child shall, if not released, be detained subject to the order of the court.

§ 9. Appeals. An appeal may be taken from any final order or judgment of the court to the appellate division of the supreme court within sixty days after the entry of said order, and if any such appeal is taken by the guardian ad litem appointed for a child by the court, the court may in its discretion grant an order auditing and allowing the actual disbursements of said guardian ad litem in printing his papers on appeal; whereupon said disbursement shall become a claim against the county of Chautauqua to be paid as a county charge.

§ 10. Place of detention. In no case arising under this act shall any child, under sixteen years of age, be placed in any jail, lock-up, or other place where such child can come into contact at any time or in any manner with any adult convicted or under Provision shall be made for the temporary detention of such children in a detention home to be conducted as an agency of the court for the purposes of this act, or the county judge may arrange for the boarding of such children temporarily in a private home or homes, in the custody of some fit person or persons, subject to the supervision of the court, or the county judge may arrange with any incorporated institution, society or association maintaining a suitable place of detention for children in said county for the use thereof as a temporary detention home for such children.

In case a detention home is established as an agency of the court it shall be furnished and carried on, so far as possible, as a family home in charge of a superintendent or matron who shall reside therein. The board of supervisors may authorize the county judge to appoint a matron or a superintendent and matron and other

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