Page:United States Statutes at Large Volume 52.djvu/642

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 309-JUNE 1, 1938 "SEC. 16. APPOINTMENT OF GUARDIAN.-Whenever in the course of a proceeding instituted under this Act it shall appear to the court that the welfare of a child will be promoted by the appointment of a relative or other suitable individual as guardian of its person, when such child is not committed to an institution or to the custody of an incorporated society, the court shall have jurisdiction to make such appointment either upon the application of the child or some relative or next 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 or custodian of said child in such manner and for such time prior to the hearing as the court may deem reasonable. In a case arising under this Act the court may also determine as between parents whether the father or the mother shall have the custody and control of said child. "SEC. 17. SELECTION OF CUSTODIAL AGENCY. -In placing a child under any guardianship or custody other than that of its parent, the court shall, when practicable, select a person, or an institution or agency governed by persons of like religious faith as that of the parents of such child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or if the religious faith of the child is not ascertained, then of either of the parents. "SEC. 18. PROCEDURE IN ADULT CASES. -All provisions of this Act relative to procedure in cases of children so far as practicable shall be construed as applying also to cases against adults arising under section 6 of this Act with the consent of the defendant or when not inconsistent with other provisions of law relating to the conduct of adult cases. Proceedings may be instituted upon complaint of an interested party or upon the court's own motion, and a reasonable opportunity to appear shall be afforded the respondent. The court may issue a summons, a warrant of arrest, or other process in order to secure or to compel the attendance of any necessary person. Any person who by act or omission willfully causes, encourages, or con- tributes to any condition which would bring a child within the pro- visions of this Act, or who by such act or omission tends to cause such a condition, shall be guilty of a misdemeanor and punished by a fine not exceeding $200 or imprisoned not exceeding twelve months, or by both fine and imprisonment. Upon the trial of such cases the court shall have power to impose such sentence as the law provides, or may suspend sentence and place on probation, and by order impose upon such adult such duty as shall be deemed to be for the best interests of the child or other persons concerned. If an adult is charged with an offense for which he is entitled to a trial by jury, he shall be so tried unless he shall expressly waive his right to such a trial. "SEC. 19. APPOINTMENT AND QUALIFICATIONS OF JUDGE. -The judge of the court shall be appointed by the President of the United States, by and with the consent of the Senate, for a term of six years, or until his successor is appointed and confirmed. To be eligible for appoint- ment as judge a person must be a member of the bar, preferably of the District of Columbia, and have a knowledge of social problems and procedure and an understanding of child psychology. The judge shall, before entering upon the duties of his office, take the oath pre- scribed for judges of courts of the United States. The salary of the judge shall be fixed in accordance with the Classification Act of 1923, as amended. "SEC. 20. FILLING VACANCY IN JUDGESHIP IN CASES OF SICKNESS, AND so FORTI. -In cases of sickness, absence, disability, or death of the judge of the juvenile court, the chief justice or acting chief justice of Appointment of guardian. Selection of custo- dial agency. Procedure in adult cases. Ante, p. 597. Penalty. Jury trials. Judge, appoint- ment and qualifica- tions. Oath. Salary. 5U.S.C.§§661-674; Supp. III, §§ 673, 673c. Filling vacancy in case of sickness, etc. 601

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