Various claims have been put forth from time to time as to the State
which was the first to inaugurate the Juvenile Court idea.
The Juvenile Court Law went into effect July 1, 1899, and immediately
the Juvenile Court was established. The Judges of the Circuit Court
assigned one of their members to preside in the Juvenile Court.
The law gave the court jurisdiction of all dependent and delinquent
children who are under seventeen and eighteen years of age, and
defines dependents and delinquents. The word "dependent" shall mean
any child who for any reason is destitute or homeless or abandoned,
or dependent upon the public for support, or has not proper parental
care or guardianship, or who habitually begs or receives alms, or
who is found living in any house of ill-fame or with any vicious or
disreputable persons, or whose home, by reason of neglect, cruelty or
depravity on the part of its parents, guardian or other persons whose
care it may be, is an unfit place for said child, and any child under
the age of ten years who is found begging, peddling or selling any
article, or singing or playing any musical instrument upon the street,
or giving any public entertainment, or who accompanies or is used in
aid of any person so doing.
The word "delinquent" shall mean any boy under seventeen or any girl
under eighteen years of age who violates any law of this State or any
city or village ordinance, or who is incorrigible, or who knowingly
associates with thieves, vicious or immoral persons, or who is growing
up in idleness or crime, or who knowingly frequents a house of
ill-fame, or who knowingly patronizes any policy shop or place where
any gaming device is or shall be operated.
A boy of seventeen is at a period of life where he is neither a boy
nor a man. In many cases he has the mind of the boy and the impulses
of the savage; his ideals are force, and his ambitions that of the
wild, erratic western rover. Why the wise head and steady hand of the
court and probation officer should be withdrawn at this period is not
explainable on any reasonable theory.
It may be contended that a boy of seventeen years is too advanced in
the knowledge of crime, but it can also be contended that the boy of
fifteen years is too old in crime. Just what standard can be used to
find the responsibility of a boy when measured by his age and physical
proportions I am unable to discover. The only just standard is mental
capacity. The Judge and probation officers, who are familiar with the
boy, know his parents or guardians and his environments, should be
allowed to exercise their judgment as to the moral responsibility of
the boy, for there are many boys at fifteen who are more responsible
for their acts than others at eighteen.
In many cases where children were committed to an institution the
parents were placed under the care of a probation officer and the
number of failures to reform the parent are few.
In cases where the parents are responsible for the dependency of
existence those parents mean well, but they are unfitted for the
duties they have assumed. The father thinks he has fulfilled his whole
duty to his family when he provides food, shelter and clothing; the
mother thinks she has fulfilled her whole duty when she does her house
work and attends to the mending and washing. The children are masters
of both parents before the parents take cognizance of the actual
mental state of the child.
What should be done when the boy's home is the case of his delinquency
is to provide for him a place where every home impulse would be
developed and where industry and economy would be practiced. He should
live in this home under the jurisdiction of the court until he has
reached his eighteenth year.
What is said of the boys is equally true of the girls, and, in many
cases, more important. Where the father is directly responsible for
the downfall of the girl, the girl should not be allowed to return to
her parental home.