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 FOR USE ONLY IN 
 
 THE NORTH CAROLINA COLLECTION 
 

 
JUVENILE COURTS 
 
 IN 
 
 NORTH CAROLINA 
 
 SPECIAL BULLETIN, No. 2 
 
 ISSUED BY THE 
 
 N. C. STATE BOARD OF CHARITIES AND PUBLIC WELFARE 
 Mbs. Kate Burk Johnson, Commissioner 
 Raleigh, N. C. 
 
RALEIGH 
 
 Capital Printing Company 
 State Printers 
 1923 
 
f> / a.AIS~ 
 
 JUVENILE COURTS IN NORTH CAROLINA 
 
 Q. What is a Juvenile Court? 
 
 A. It is a special division of the Superior Court for hearing 
 children’s cases apart from those of adults. 
 
 Q. Why is a Juvenile Court necessary? 
 
 A. Not only to protect children from the stigma of a trial in a 
 criminal court and, perhaps, from association with hardened 
 criminals, but also to study the needs of the child with a view to 
 intelligent treatment. 
 
 Q. What is the nature of a Juvenile Court hearing? 
 
 A. The Juvenile Court is not a child’s edition of a criminal 
 court. It is an informal yet dignified proceeding to determine 
 what steps should be taken to prevent a child who has exhibited 
 delinquent tendencies from becoming a criminal, and to save a 
 child who is living in destitute or demoralizing conditions from 
 the consequences of neglect. 
 
 Q. What is the chief distinction between a criminal court and a 
 Juvenile Court? 
 
 A. A criminal court is concerned chiefly with determining the 
 guilt of an offender through prosecution and trial, and, if guilt is 
 established, meting out punishment to suit the crime. In the 
 Juvenile Court the question of guilt or innocence as to a particular 
 act or acts is wholly subordinate both to an examination of the 
 character and condition of the child, and to an investigation of 
 the social factors responsible for the child’s being brought to 
 court to determine, if possible, what should be done to save the 
 child. 
 
 Q. What is the underlying assumption of the Juvenile Court? 
 
 A. That the child is the ward of the State, and is entitled to 
 the protection of the State, when its welfare and happiness be¬ 
 come endangered. The court’s function is parental. The court 
 should proceed as does a wise parent, and should have before it 
 all the information that can be secured before any decision is 
 reached. 
 
 3 
 
Q. On what basis is the Juvenile Court system in North Caro¬ 
 lina organized? 
 
 A. With the county as a unit. Every county in the State has a 
 Juvenile Court, which is a part of the Superior Court of the 
 district. 
 
 Q. Are there other Juvenile Courts in the State? 
 
 A. Yes. A city of 10,000 population is required to have a city 
 Juvenile Court, while towns of 5,000 population, if they are not 
 county seats, and if they have recorders’ courts, may have sepa¬ 
 rate Juvenile Courts. Under certain conditions a city Juvenile 
 Court and a county Juvenile Court may be combined. 
 
 Q. Who are the Juvenile Court judges? 
 
 A. In every county the Clerk of the Superior Court is the 
 Judge of the County Juvenile Court, while in City Juvenile Courts 
 the recorder acts as judge, or a special judge may be appointed 
 for the purpose by the governing body of the city. 
 
 Q. How are Juvenile Court judges paid? 
 
 A. The compensation of the County Juvenile Court judge is 
 fixed by the Board of County Commissioners and paid from gen¬ 
 eral county funds; the compensation of the City Juvenile Court 
 judge is fixed by the governing body of the city and paid from 
 funds of the city. 
 
 Q. Who are the probation officers? 
 
 A. The County Superintendent of Public Welfare is the Chief 
 Probation Officer in each county. City Juvenile Courts may have 
 specially appointed probation officers. 
 
 Q. What children come under the jurisdiction of the Juvenile 
 Court? 
 
 A. Delinquent, neglected and dependent children under sixteen 
 years of age. 
 
 Q. Are there any exceptions to this? 
 
 A. In case of a child between the ages of fourteen and sixteen 
 years who is charged with a felony for which the punishment in 
 the case of an adult would be ten years imprisonment, or greater, 
 the Juvenile Court does not have jurisdiction. If a child between 
 fourteen and sixteen years of age is charged with a felony for 
 which the punishment as fixed by law for an adult is less than 
 
 4 
 
ten years in prison, the case must be investigated by the proba¬ 
 tion officer and the Juvenile Court judge. The judge of the 
 Juvenile Court may in his discretion dispose of the case or hold 
 the child in custody or bind him to the next term of the Superior 
 Court. 
 
 Q. Who is a delinquent child? 
 
 A. One who violates any municipal or State law or ordinance, 
 or who is truant, unruly, wayward or misdirected, or who is dis¬ 
 obedient to parents, or beyond their control, or who is in danger 
 of becoming so. 
 
 Q. Who is a neglected child? 
 
 A. One who engages in any occupation, calling or exhibition, 
 or is found in any place where a child is forbidden by law to be, 
 and for permitting which adults may be punished by law, or who 
 is in such condition or surroundings, or is under such improper 
 or insufficient guardianship or control as to endanger the morals, 
 health or general welfare of the child. 
 
 Q. Who is a dependent child? 
 
 A. One who is destitute, homeless, or abandoned, or dependent 
 upon the public for support. 
 
 Q. Who should be present at a Juvenile Court hearing besides 
 the judge and chief probation officer? 
 
 A. Only those directly concerned in the case—the child and its 
 parents or guardian, the complainant, and necessary witnesses. 
 The curious spectators not concerned in the case should be ex¬ 
 cluded from the room where the hearing is held. 
 
 Q. What is the process of bringing a child into the Juvenile 
 Court ? 
 
 A. First, a petition is filed by any one having knowledge that a 
 child is within the jurisdiction of the Juvenile Court law. Then a 
 summons is issued to the parent or guardian, instructing him to 
 bring the child into court on a certain day. Such summons may 
 be mailed to the parent or it may be served by the sheriff or some 
 other officer designated by the Juvenile Court judge. If such 
 summons is not obeyed, or if the court has reason to believe that 
 a summons will not be sufficient, he may issue a warrant, direct¬ 
 ing the sheriff, or other officer designated, to take the child into 
 custody. While the hearing is pending the child may be released 
 in the custody of the parent or some other person, or placed 
 
 5 
 
under the supervision of the probation officer, or he may be held 
 under bail. As a condition to retaining the custody of his child, 
 the parent may be required to give bond for his appearance. 
 
 Q. Should a child be confined in a jail or lock-up while await¬ 
 ing the Juvenile Court hearing? 
 
 A. It is unlawful for a child to be confined in any penal institu¬ 
 tion where he may come in contact with persons convicted or 
 charged with crime. Usually the child may remain in its own 
 home until the case is heard. It may be placed in a detention 
 home or a boarding home. 
 
 Q. What is a detention home? 
 
 A. A detention home is a home provided by the county and 
 supervised by a matron or superintendent. It is conducted as an 
 agency of the court for the temporary detention of dependent, 
 neglected and delinquent children. 
 
 Q. What is a boarding home for children? 
 
 A. A boarding home is a suitable private home where a child 
 may be kept pending a Juvenile Court hearing, or commitment to 
 an institution, and for whose care a reasonable amount of board 
 may be paid by the child’s parents or guardian, or from county 
 funds if authorized by the judge of the Juvenile Court. 
 
 Q. What are the essential facts a Juvenile Court judge should 
 have before he can proceed intelligently in any given case? 
 
 A. A detailed knowledge of the child himself, including a 
 physical and mental examination and study of his behavior, de¬ 
 velopmental history, school career, and religious background; 
 knowledge of his environment, including his family and home 
 conditions, and an estimate of the essential causal factors respon¬ 
 sible for his behavior. 
 
 Q. Who supplies the Juvenile Court judge with these facts? 
 
 A. The probation officer upon a thorough investigation before 
 the hearing. 
 
 Q. Why are these facts necessary? 
 
 A. In order that the judge, together with the probation officer, 
 may decide upon a course of treatment which will remove the 
 cause of delinquency or neglect, and best help and protect the 
 child and society. 
 
 6 
 
Q. How should a Juvenile Court hearing be conducted? 
 
 A. The hearing should be private, with only those present who 
 are directly concerned in the case. Witnesses should not be al¬ 
 lowed in the court room except when testifying. No child should 
 be required to take the formal court oath. One or both parents 
 or the legal guardian of the child should be required to be present. 
 The hearing should be conducted with as little formality as possi¬ 
 ble, the purpose being to prevent the child being tried and 
 treated as a criminal. In every case the court should explain to 
 the child and parents the nature of the proceedings and the dispo¬ 
 sition made of the case. 
 
 Q. What disposition may be made of a case of delinquency? 
 
 A. Dispositions vary with individual cases, according to cir¬ 
 cumstances, but as a general rule the following types of disposi¬ 
 tions may be made: 
 
 1. The child may be discharged with reprimand. 
 
 2. The child may be placed on probation. 
 
 3. The child may be required to make reparation for damage 
 done to property. 
 
 4. The child may be removed from parents or guardian and 
 placed with relatives, or in a private family'. 
 
 5. The child may be sent to an institution. 
 
 Q. What is the most frequent disposition and, generally, the 
 most desirable? 
 
 A. To place the child on probation. 
 
 Q. What is meant by placing the child on probation? 
 
 A. Probation, as it relates to children, may be defined as a sys¬ 
 tem of treatment for the delinquent child by means of which the 
 child remains in his ordinary environment and, to a great extent, 
 at liberty, but, throughout a probation period, subject to the 
 watchful care and personal influence of an agent of the court 
 known as the probation officer. It is a process of educational 
 guidance through friendly supervision. 
 
 Q. What is the chief function of probation? 
 
 A. Every person’s habits and conduct are largely influenced 
 by the social agencies of the community in which he lives, which 
 include, among others, the home, the church, the school, indus¬ 
 try, recreation, etc. To a considerable extent delinquency is due 
 to a failure on the part of one or more social agencies to con¬ 
 tribute their part toward the wholesome development of the 
 
 ( 
 
individual. The function of probation, therefore, is to secure the 
 sympathetic support of all the social agencies of the community 
 in the treatment of the delinquent child, and to surround him 
 with a network of favorable influences which will enable him to 
 maintain normal habits of life. 
 
 Q. Is it desirable to have both men and women probation 
 officers? 
 
 A. Yes. As a usual thing, women should be in charge of girls 
 and men in charge of boys, though pre-adolescent children can 
 frequently be successfully handled by probation officers of either 
 sex. 
 
 Q. What are some of the social agencies in the community that 
 the probation officer will find helpful in his work? 
 
 A. Rotary, Kiwanis, Lions, and Civitan Clubs; the Boy Scouts, 
 the Girl Scouts; the school, church organizations, especially for 
 young people; social service departments of women’s clubs, and 
 others. 
 
 Q. How does the probation officer keep in touch with a child on 
 probation? 
 
 A. By frequent visits to the child in his own home, in which 
 the child is questioned and the parents consulted as to the child’s 
 behavior. Teachers should also be seen occasionally about the 
 conduct of the child in the school and on the playground. Every 
 effort should be made by the probation officer to get the confidence 
 of the child on probation, to secure the child’s interest and co¬ 
 operation in his own treatment, and to build up a feeling of 
 comradeship between them, such as a Boy Scout feels toward his 
 scoutmaster. 
 
 Q. How long should a child be kept on probation? 
 
 A. It varies with the individual case. In some cases a few 
 months will be sufficient. Others may require several years. 
 
 Q. Is probation in juvenile delinquency cases a success? 
 
 A. No figures are available for North Carolina, but in New. 
 York, in 1919, eighty per cent of the cases were regarded as suc¬ 
 cessful, while in 1918, in the Chicago Juvenile Court, the percent¬ 
 age of successful cases reached above ninety. In the Juvenile 
 Court of Richmond, Va., about sixty per cent of the probation 
 cases make good. What criminal court can show such a record 
 for sentenced prisoners? 
 
 8 
 
Q. Can probation be made a success in North Carolina? 
 
 A. The success of probation depends to a large extent upon the 
 personality, the enthusiasm, and the faith of the Juvenile Court 
 judge and the probation officer. Judges who believe that proba¬ 
 tion is “letting a youthful criminal go free,” and probation officers 
 who feel that a delinquent child should be hustled off to some 
 institution, need not expect much results from probation. The 
 proper plaW'for training a child is in his own home and in his own 
 community, and if all the social agencies and individuals together 
 in a community cannot supply wholesome interests and activities 
 for the adventuresome spirit of youth, and inspire in the child 
 respect for the law and loyalty to the customs of the community, 
 we may well call democracy a failure. 
 
 Q. When should a child be sent to an institution? 
 
 A. Institutional care should be utilized only when careful study 
 that includes a knowledge of the needs and possibilities of the 
 individual clearly indicates the necessity for it, or when repeated 
 attempts to adjust the child to home life in the community have 
 failed. 
 
 Q. What institutions are there for delinquent white boys in 
 North Carolina? 
 
 A. Jackson Training School, located at Concord, N. C. The 
 General Assembly of 1923 authorized a school (second) to be 
 located somewhere in the eastern part of the State. 
 
 Q. What is the institution for delinquent white girls in North 
 Carolina? 
 
 A. Samarcand Manor, at Samarcand, N. C. 
 
 Q. Is there an institution for delinquent Negro boys? 
 
 A. Such an institution was authorized by the General Assem¬ 
 bly of 1921 and an appropriation made, but so far little has been 
 done. A site has not yet been selected. 
 
 Q. Is there an institution for delinquent Negro girls? 
 
 A. No. However, the State Federation of Colored Women’s 
 Clubs has bought some property for this purpose and is working 
 to establish an institution for training delinquent colored girls. 
 
 Q. What institution takes neglected and dependent white chil¬ 
 dren in North Carolina, and places them out for adoption in pri¬ 
 vate homes? 
 
 A. The North Carolina Children’s Home Society, at Greens¬ 
 boro, N. C. 
 
 9 
 
Q. Has the judge of the Juvenile Court any authority to order 
 a child flogged, either by its parents or by a court officer? 
 
 A. No. The parents of a child have the right to administer 
 reasonable discipline in their own home, but a Juvenile Court 
 judge cannot order that a child should be whipped even by its 
 parents. 
 
 Q. When should fines be imposed? 
 
 A. Never in children’s cases. Restitution or reparation should 
 be required in cases where they seem to have disciplinary value 
 or to instill respect for property rights. 
 
 Q. What records should be kept by the Juvenile Court? 
 
 A. A brief record of each case should be entered in the regular 
 Juvenile Court record. A full record of the investigation and 
 disposition of the case, together with all petitions, summonses, 
 orders, etc., issued by the court, should be kept in files of the 
 Superintendent of Public Welfare. 
 
 Q. Are Juvenile Court records open to inspection by the public? 
 
 A. All records may be withheld from indiscriminate public 
 inspection in the discretion of the judge of the court. 
 
 Q. When should a case be settled out of court? 
 
 A. Since the aim of the Juvenile Court is to prevent the child 
 from becoming a confirmed delinquent, the probation officer 
 should strive to forestall the necessity of bringing the child into 
 court. He will, therefore, settle many minor cases out of court. 
 
 Q. What should be the relation of the policeman to the Juvenile 
 Court? 
 
 A. The duty of the policeman should be to aid in the prevention 
 of juvenile delinquency on his beat. Except in case of serious 
 acts of delinquency by older children, the policeman should not 
 make arrests, but should report delinquents to the probation 
 officer. In all cases he should report immediately to the proba¬ 
 tion officer or the Juvenile Court. The placing of a child in the 
 city jail or lock-up with adult offenders is itself a violation of law. 
 
 Q. What are the chief qualifications for a good probation 
 officer? 
 
 A. The probation officer must have the spirit of the artist 
 working with human clay. He must be human; he must work 
 
 10 
 
with his heart as well as with his head. He must be religious in 
 its broadest and best sense. He must have faith in humanity, 
 especially in boys and girls. He must be an expert in child life 
 and child nature. He must be able to grasp facts quickly, and 
 must have a great deal of tact and diplomacy, unusual memory, 
 ability to get around quickly and to “get in.” Above all, he 
 must be actuated by genuine sympathy and spirit of service. 
 
 Q. What are the chief qualifications of a good Juvenile Court 
 judge? 
 
 A. Legal training, acquaintance with social problems, a sym¬ 
 pathetic understanding of child psychology, and, above all, faith 
 in probation as a constructive, regenerative force in the lives of 
 boys and girls who have gone astray. 
 
 Q. What was done with delinquent children before we had a 
 Juvenile Court system? 
 
 A. Usually nothing was done until the child became a serious 
 offender. Then, if he was without relatives or friends with money 
 or influence, he was not infrequently sent to jail to await trial and 
 occasionally was sent to the roads. 
 
 Q. Can we say that North Carolina’s Juvenile Court system is 
 successful? 
 
 A. Compared with our former method of handling children, the 
 Juvenile Court is a success. Measured by any standard, it is a 
 success wherever we have a good County Superintendent of Pub¬ 
 lic Welfare and a sympathetic Juvenile Court judge. Wherever 
 the system is failing to work with reasonable success, it is due to 
 the inefficiency of officials, or a lack of proper facilities for hand¬ 
 ling difficult cases. 
 
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