necessary employees for such home in the same manner as probation officers are appointed under this act, their salaries to be fixed and paid in the same manner as the salaries of probation officers. The necessary expenses incurred in maintaining such detention home shall be paid by the county.

In case the county judge shall arrange for the boarding of children temporarily detained in private homes a reasonable sum for the board of such children while temporarily detained in such homes shall be paid by the county.

In case the county judge shall arrange with any incorporated institution, society or association for the use of a detention home maintained by such institution, society or association, he shall enter an order which shall be effectual for that purpose, and a reasonable sum shall be appropriated by the board of supervisors for the compensation of such institution, society or association for the care of such children.

§ 11. Appointment of probation officers. The county judge shall appoint a chief probation officer who shall be paid such compensation as the board of supervisors shall determine, and may appoint, in his discretion, other probation officers who may receive such salaries as may be authorized by the board of supervisors or who may serve as volunteer probation officers. Such probation officers shall perform the duties of county probation officers in accordance with the provisions of section eleven-a of the code of criminal procedure. The chief probation officer shall have supervision, under the direction of the court, of the work of all other probation officers, and may, in the discretion of the court, act as clerk of the children's court and keep the records thereof. The county judge may remove for cause any probation officer after due notice and an opportunity to be heard.

§ 12. Co-operation. It is hereby made the duty of every county, town or municipal official or department in such county to render such assistance and co-operation within his or its jurisdictional power to further the objects of this act. All institutions or other agencies to which any child coming within the provisions of this act may be sent are hereby required to give such information concerning such child to the court, or to any officer appointed by it as said court or officer may require for the purposes of this act. The court is authorized to seek the co-operation of all societies or organizations, public or private, having for their object the protection or aid of children, to the end that the court may be assisted in every reasonable way to give each child within its jurisdiction

such care, protection and assistance as will best conserve its welfare.

§ 13. Probation; commitments over sixteen. All provisions of law applicable to probation of children brought before any court or magistrate are made applicable to cases coming within the provisions of this act, except that in the case of a child remaining on probation at its sixteenth birthday the probation may be extended by the court for any period within the minority of such child. If it becomes necessary to commit any such child over sixteen years of age, the order of commitment, nunc pro tunc, may be entered as of the date of judgment, and any institution to which commitment originally could have been made is authorized to receive such child and have payment therefor as if under sixteen.

14. Modification of judgment; return of child to parents. Any order or judgment made by the court in the case of any child shall be subject to such modification from time to time as the 'court may consider to be for the welfare of such child.

Any parent or guardian, or if there be no parent or guardian the next friend of any child who has been or shall hereafter be committed by the court to the custody of any institution, association, society, or person, may at any time file in the court a petition verified by affidavit setting forth under what conditions such child is living, and that application for the release of the child has been made to and denied by the institution, association, society or person having the custody of the child, or that such institution, association, society or person has failed to act upon such application within a reasonable time. A copy of such petition. shall at once be served by the court upon the institution, association, society or person having the custody of the child, whose duty it shall be to file a reply to the same within five days. If, upon examination of the petition and reply, the court is of the opinion that an investigation should be had, it may, upon due notice to all concerned, proceed to hear the facts and determine the question at issue, and may return such child to the custody of its parents or guardian or direct the institution, association, society or person having the custody of the child to make such other arrangements for the child's care and welfare as the circumstances of the case may require.

Any child while under the jurisdiction of the court shall be subject to the visitation of the probation officer or other agent of the court authorized to visit such child.

8 15. Appointment of referees. The county judge may appoint a lawyer or other suitable person to act as referee, and to receive no compensation therefor, to hear the case of any child coming within the provisions of this act and to make report thereon together with his conclusions and recommendations. Such referee in the hearing of any case referred to him shall comply with all the requirements and conform to the procedure provided for the hearing of such cases by the county court so far as such requirements and procedure are applicable. Such conclusions and recommendations shall be submitted in writing to the county court and in case no hearing by the county court is requested as provided for hereafter, the conclusions and recommendations of such referee, if confirmed by an order of the county court, shall become the judgment of the court. A hearing by the county court shall be allowed to any child or to the parent, guardian, custodian or next friend of any child whose case has been heard by such referee upon filing a request for such hearing with the county judge within five days after notice of the conclusions and recommendations of such referee.

§ 16. Support of child committed to custodial agency. Whenever any child is found to be in such condition or surroundings or under such improper or insufficient guardianship as to lead the court to commit the child to the custody of an institution, association, society or person other than its parent or guardian, compensation for the care of such child, when approved by order of the court, shall be a charge upon the county or the appropriate subdivision thereof. But the court may, after issuance and service of an order to show cause upon the parent or other person having the duty under the law to support such child adjudge that such parent or other person shall pay in such manner as the court may direct such sum as will cover in whole or in part the support of such child and wilful failure to pay such sum may be punished as a contempt of court and the order of the court for the payment of said money may be also enforced as money judgments of courts of record are enforced.

§ 17. Selection of custodial agency. In committing any child to any institution or other custodial agency, unless such institution or agency is supported and controlled by the state or any subdivision thereof, or in placing the child under any guardianship other than that of its natural guardians, the court shall, as far as practicable, select as the custodial agency some individual holding the same religious belief as the parents of such child, or some

.

institution, society or association governed by persons of like religious faith.

§ 18. Appointment of guardians. Whenever in the course of a proceeding instituted under this act it shall appear to the court that the welfare of any child within the jurisdiction of the court will be promoted by the appointment of an individual as general guardian of its person, when such child is not committed to an institution or to an incorporated society or association, or by the appointment of an individual or corporation as general guardian of its property, the court shall have jurisdiction to make such appointment, either upon the application of the child or of some relative or friend, or upon the court's own motion, and in that event an order to show cause may be made by the court to be served upon the parent or parents of such child in such manner and for such time, prior to the hearing, as the court may deem reasonable. In any case arising under this act the court may determine as between parents or others whether the father or mother or what persons shall have the custody and direction of said child, subject to the provisions of the preceding section.

§ 19. Examination and treatment of children found to be mentally defective or in need of medical care. The court, in its discretion, either before or after a hearing may cause any child within its jurisdiction to be examined by one or more duly licensed physicians who shall submit a written report thereon to the court. If it shall appear to the court or the judge thereof that any child within the jurisdiction of the court is mentally defective he may cause the child to be examined by two physicians one of whom shall have had at least five years' experience in the treatment of mental diseases, and on the written statement of the two examining physicians that it is their opinion that the child is mentally defective, feeble-minded, or epileptic, the court may commit such child to a public institution authorized by law to receive and care for mentally defective, feeble-minded, or epileptic children, as the case may be. No child shall be committed to such institution unless the parent or parents or the guardian or custodian of such child, if such there be, are given an opportunity for a hearing.

Whenever a child within the jurisdiction of the court and under the provisions of this act appears to the court to be in need of medical or surgical care a suitable order may be made for the treatment of such child in a hospital or otherwise, and the expense thereof, when approved by the court, shall be a charge upon

1

the county or the appropriate subdivision thereof; but the court may adjudge that the person or persons having the duty under the law to support such child shall pay a part or all of the expenses of such treatment as provided in section sixteen.

§ 20. Jurisdiction over adults. Jurisdiction is hereby conferred upon the county court of Chautauqua county to hear, try and determine all cases arising in said county under article fortyfour of the penal law, not otherwise provided for in this act or already included within the jurisdiction of the court. The powers of the court and the procedure in such cases, less than the grade of felony, shall be as now provided by law for the trial of such cases in courts of special sessions and police courts.

The county judge shall have the same jurisdiction and authority as is now conferred upon justices of the peace and police justices to deal with any parent or other person responsible for the maintenance of a child, as a disorderly person, if, in the discretion of the county judge, in view of the facts and circumstances developing in the investigation or hearing of a child's case, the protection and welfare of such child require that the parent be so dealt with. The powers of the county judge and the procedure in such cases shall be as now provided by law for such cases when brought before justices of the peace and police justices.

§ 21. Power of other courts. Nothing in this act shall be held to deprive courts of special sessions, police courts and magistrates from holding the same or concurrent jurisdiction to hear and dispose of cases embraced within section twenty of this act not pending in the county court, but such cases may be transferred to the county court for hearing and determination therein. Nothing herein contained shall be construed as abridging the general chancery power and jurisdiction exercised by the supreme court over the persons and estates of minors, nor as abridging the authority of the surrogate to appoint guardians as now provided by law.

8 22. Rules; substitute judge. The court shall have power to devise and publish rules to regulate the procedure in cases coming within the provisions of this act and for the conduct of all probation and other officers of the court in such cases.

The court may devise and cause to be printed for public use such forms for records and for the various petitions, orders, processes, and other papers in the cases coming within this act as shall meet the requirements thereof; and all expenses incurred in complying with the provisions of this act shall be a county charge.