In re Turner

Citations

• 94 Kan. 115
• 145 P. 871
• 1915 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>L. Habeas Corpus — Delinquent and Incorrigible Girl — Committed to Industrial School for Girls — Proceeding of Juvenile Court — Regular and Valid. A girl fifteen years old found by the probate judge, sitting as the juvenile court, to be de-. linquent and incorrigible, to associate knowingly with immoral persons, to be growing up in idleness and crime and violating the city ordinances by remaining out until late hours at night, was ordered committed to the Industrial School for Girls at Beloit. Her parents appeared without service of process on them, but the child was taken into custody by the probation officer upon a warrant based upon a complaint verified on information and belief. A hearing followed, and the testimony abundantly supported the findings of the court. Held, that such child is not entitled to a writ of habeas corpus because of failure to verify the complaint positively.</p> <p>2. Same — Purpose of the Juvenile Court. The juvenile court act (Gen. Stat. 1909, §§ 5099-5113) has for its object not the punishment of juvenile offenders for misconduct, criminal or otherwise, but their removal from the path of temptation and their direction into the paths of rectitude by preventive and corrective means.</p> <p>3. Same. The act is an assertion of the state’s power as parens patriae and its right to exercise proper parental control over those of its minor citizens who are disposed to go wrong.</p> <p>4. Same — No Constitutional Rights Invaded. In the charge, apprehension, investigation and order involved herein, the child was not denied any of her constitutional rights.</p> <p>5. Same — No Stigma Attaches by Commitment to the Industrial School for Girls. By express declaration of the statute in question, and by the settled decisions applicable to similar enactments, all such proceedings, orders and judgments are deemed to have been taken and done in the exercise of the state’s parental power, and neither the stigma nor the penal