Page:American Journal of Sociology Volume 3.djvu/794

 780 THE AMERICAN JOURNAL OF SOCIOLOGY

judge may remove any child from a home where its welfare is " seriously endangered " and provide for it as he may sec fit. 1 In Illinois the court is authorized to remove children from the almshouse and find family homes for them, when such can be done without incurring any expense. 2 Texas and Nevada have state orphans' homes for indigent orphans and half-orphans. 3 Iowa has a state institution for soldiers' and sailors' orphans at Davenport, to which other destitute children may be admitted when there is sufficient room. 4 Then, too, in some states the authority of the court or of the county commissioners in caring for dependents is so general that special provision for minors might in some cases be made.

New Jersey, North Carolina, and California have made spe- cial provision for dependent children, but they have not excluded minors from the almshouse. In New Jersey counties having populations of more than 20,000 may establish children's homes. The court of common pleas of counties having populations of less than 20,000 may commit children to non-sectarian children's homes at county expense, such expense not to exceed $1.50 per week. Children may be supported in these institutions until

1 Act of 1894.

2 Efforts to secure some positive legislation in child-saving in Illinois have been almost fruitless. The law referred to above (43, ch. 107) reads: "That the county judges of the several counties of this state be, and they hereby are, authorized to make such orders as shall be necessary to release from the custody of the keepers of the poor- farms in their respective counties all children confined therein under the age of four- teen (14) years, who have no parents or legal guardians living, whenever the said judge can, without expense to the county, through the agency of any person or chari- table society in this state, secure a good home for said child ; and the said judge is hereby authorized, and it is made his duty, to enter into a contract on behalf of such child or children with the person who agrees to take such child, which contract shall provide that said child shall be clothed, maintained, and schooled in the common schools of the state until he, if a male child, is twenty-one years old, and if a female, until she is eighteen years of age." The law (2-6, ch. 9) also authorizes the court to remove children from their parents when they, because of drunkenness, incapacity, or immorality, are unfit to care for them. Upon this point the court has held (55 111., 280) that the father is the natural guardian of the child, and that his rights can be abridged by the state only upon necessity arising from his gross unfitness to have custody of the child.

3I-II, art. 120; 1463-1480. * 2701-2708.