Part III. Nursing homes for infant children ..secs. 47-57 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. 2. : SHORT TITLE. This Act may be cited as "The Children's Act." Short title. PART I.-CHILD IMMIGRATION. INTERPRETATION. tion. In this part, unless the context otherwise requires Interpreta(a) the expression "child" means a person under sixteen "child.” years of age; (b) the expression "society" means any individual or "Society." association of individuals, whether incorporated or unincorporated, or any refuge or home, undertaking the care, training, reformation or education of orphan, neglected or dependent children, or the bringing of such children into the Province, or the placing out of such children in foster homes or the apprenticing of such children to any trade or industry, or other work of a similar character, and shall include a branch or agency of any society; (c) the expression "agent" includes the superintendent "Agent." or other officers of any society, and also any person who undertakes for a reward or otherwise to bring such children into the Province, or to place children in foster homes or as apprentices to any trade or calling or to procure them to be so placed; (d) the expression "inspector" means the inspecter of "Inspector." public institutions or any officer specially appointed by the Lieutenant-Governor-in-Council to inspect societies and agents. R.S.M. c. 21, s. 2. Lieutenant Council for bringing IMMIGRATION OF CHILDREN. Authority of 3. The Lieutenant-Governor-in-Council may authorize Governor-in- any society or agent to carry on the work of bringing into this Province indigent, neglected or dependent children, for the purpose of providing for such children in this Province by placing them out in foster homes, or binding them as apprentices, or otherwise. R.S.M. c. 21, s. 3. children into Manitoba. Societies and subject to inspection. 4. Every such society or agent, after such authority has agents to be been given, shall, as to operations in Manitoba, be subject to the inspection and supervision of the inspector, who shall, at least four times in every year, or oftener if required to do so by the Minister in charge, inspect the work of every such society or agent, and shall report thereon to the Lieutenant-Governor-in-Council. R.S.M. c. 21, s. 4. Record of operations of society. Duties of agents as to children brought into Manitoba, 5. Every society or agent authorized to carry on work in Manitoba as aforesaid shall keep a record in writing showing: (a) the full name of every child brought, or procured to be brought, into this Province by the society or agent; (b) the name and address of the parents or guardians, or other persons from whom the society or agent received such child; (c) the date on which such child was brought into this Province; (d) the age and date of birth of the child; (e) the name and place of residence of every person from time to time having the custody of the child; (f) such other particulars as the inspector may, with the approval of the Minister in charge, from time to time require to be kept on record. R.S.M. c. 21, s. 5. CARE OF IMMIGRANT CHILDREN. 6. Every society or agent shall maintain careful supersocieties and vision over every child brought, or caused or procured to be brought, into the Province, by such society or agent, until such child shall attain the age of sixteen years; and it shall be the duty of such society or agent to cause a personal visit, by an agent specially appointed for that purpose, to be made to each such child at least once in every year, until the child shall have attained the said age; and for the purposes of this part, and for the protection of the person and earnings of the child, the society or agent, until the child attains the age of sixteen years, shall have all the powers and shall perform all the duties by law provided in the case of the guardian of an infant. R.S.M. c. 21, s. 6. shelters to be 7. Every such society or agent shall provide a perman- Homes or ent home or shelter to which any child brought, or caused provided. or procured to be brought, into the Province as aforesaid, by such society or agent, may be returned after having been placed out in a foster home or apprenticed as aforesaid, if the person with whom the child has been placed is unable or unwilling to retain the custody or control of the child, and the address of such shelter shall be specified in every agreement made with persons receiving children into foster homes or as apprentices. R.S.M. c. 21, s. 7. Persons with 8. Every person receiving from any society or agent any whom child, brought into the Province of Manitoba as aforesaid, children shall, whenever required by the society or agent so to do, give furnish to the society or agent full particulars as to the to society. health, conduct, progress and welfare of the child. R.S.M. c. 21, s. 8. REGULATIONS AND PENALTIES. information child to home er is un Penalty for of child. 9. If any person who has received from a society or Return of agent a child brought into the Province of Manitoba as afore- when employsaid is unable or unwilling to carry out the agreement en- willing to tered into by him with the society or agent, he shall, at retain child. his own expense, return the child safely to the home or shelter provided by the society or agent; and any such person who abandons a child so received, or refuses to maintain the child, and neglects or refuses to return him to the home abandonment or shelter of the society or agent as aforesaid, shall, on summary conviction thereof, before a police magistrate or two or more justices of the peace, be liable to a fine of not more than one hundred dollars, nor less than ten dollars, or to imprisonment for any term not exceeding three months. (2) Whenever a child has been so returned to the custody Society or of a society or agent, after having been placed out or appren- state cause ticed, the society or agent shall ascertain, as far as possible, child to the true cause of such return, and before the child is again subsequent placed or apprenticed to any person, the society or agent shall state to such person the true cause of such return, as so ascertained, under penalty of forfeiture of the license held by such society or agent, and of the sum of one hundred dollars to be recovered in any court of competent jurisdiction at the suit of the Crown or of the person aggrieved. R.S.M. c. 21, s. 9. agent to of return of applicant. Society or agent to be child leaves master or guardian. 10. Where a child who has been received by any person notified when as aforesaid deserts the home or employment of such person of his own accord, or is wrongfully taken from the custody of such person, with or without the consent of the child, before attaining the age of sixteen years, the person from whose custody the child has been taken or has escaped shall immediately notify the society or agent from whom the child was received, and shall give all reasonable assistance in recovering the child under penalty, in case of default, of not more than twenty dollars and not less than five dollars, with costs, to be recovered on summary conviction before a police magistrate or two or more justices of the peace. R.S.M. c. 21, s. 10. Penalty for bringing children into Province unlawfully. Penalty for bringing defective or criminal children into Manitoba. 11. Any person who, without the authority conferred by the Lieutenant-Governor-in-Council under section 3 of this Act, brings, or causes or procures to be brought, into this Province any indigent, neglected or dependent child, not being his own child or a child for whom he is acting as guardian or one towards whom he stands in loco parentis, shall, on summary conviction thereof before a police magistrate or two or more justices of the peace, be liable to a fine of not more than one hundred dollars nor less than ten dollars, and, in default of payment, to imprisonment for any period not exceeding three months. This shall not apply in the case of any person not acting as an agent or on behalf of any society, and who may be specially entrusted with the custody of the child by the parent or person standing in loco parentis to such child, for the purpose of bringing the child into the Province and delivering him to the custody of some person in the Province; provided that the person to whom the child is to be delivered is in the opinion of the inspector of public institutions a fit and proper person to be entrusted with the custody of the child. R.S.M. c. 21, s. 11. 12. Any person who knowingly brings, or causes or procures to be brought, into the Province of Manitoba any child who, from defective intellect, or disease, or physical infirmity, or any other defect, is unable to follow any trade or calling, or any child of known vicious tendencies, or any child who is known to be an habitual criminal, or who has been reared or has resided amongst habitual criminals, or any child whose parents have been habitual criminals, lunatics, or idiots, or weak minded or defective, or confirmed paupers, or diseased, shall, on summary conviction thereof before a police magistrate or two or more justices of the peace, be liable to a penalty of not more than one hundred dollars nor less than ten dollars, and, in default of payment, to imprisonment for any period not exceeding three months. time for comprosecutions. (2) No proceedings against any person under this sec-Limitation of tion shall be taken after the expiration of one year from the mencing date on which the child was brought into the Province as aforesaid. R.S.M. c. 21, s. 12. Province public charge. 13. If any child who has been so brought, or caused or where child procured to be brought, into the Province of Manitoba, by brought into any society or agent, shall, within three years thereafter, becomes a become a charge upon the funds of any municipality or upon the Province, or be dependent upon private charity, such society or agent shall, if so ordered by the inspector, pay to the municipality or the Province or to any person maintaining the child, as the case may be, the cost of maintenance of the child, and may be required to return the child to the place from which he came into this Province, if, in the opinion of the inspector, such a course is advisable. RS.M. c. 21, s. 13. agents to complaints as to ill-treatment of children 14. If any person resident in the Province gives notice Society or to a society or agent, that a child brought into the Province investigate by the society or agent, and placed out or apprenticed by the society or agent, is being ill-treated or overworked, or is not being properly educated, or is being otherwise neg- placed out. lected, such society or agent shall immediately cause the complaint to be investigated, and shall take all necessary steps to protect the child from further ill-treatment or neglect. R.S.M. c. 21, s. 14. ill-treating 15. Any person with whom a child has been placed out Penalty for or apprenticed, who ill-treats or overworks, or neglects to children. provide for the proper maintenance and education of, such child shall, upon such summary conviction thereof before two or more justices of the peace, be liable to a fine not exceeding fifty dollars, or to imprisonment, with or without hard labor, for any term not exceeding six months. R.S.M. c. 21, s. 15. notify ent of com 16. Whenever any child admitted to the Province under Sheriff to this part is committed to or detained in the common gaol of superintenda judicial district, it shall be the duty of the sheriff of the mittal or district to notify the inspector of public institutions of the child. name and age of the child, and the date and cause of such committal or detention. R.S.M. c. 21, s. 16. detention of investigate 17. The inspector may direct proceedings to be taken Inspector to against any person for violating the provisions of this part, complaints and he shall, for this purpose, inquire into all the complaints violations of made to him against any person, society or agent, and report made of the Act. |