(a) A special branch (later renamed a Division) of the Department of Education to be known as the "Child Welfare Branch" was established. The Branch or Division consisted of the Superintendent of Child Welfare, who, under the control of the Minister and the Director of Education, was charged with the administration of the Act; a Deputy Superintendent; and such Welfare Officers, managers, etc., as might be required.
(b) Power was taken for the creation of Children's Courts.
(2) The Children's Court
The idea of treating children who misbehaved as "delinquents" rather than as offenders against the law arose in Illinois in 1899. This experiment in social welfare was followed in other States of America, and the principle was introduced into New Zealand in 1925.
There has been, and still is, much misunderstanding concerning the procedure in these Children's Courts and the duties of Welfare Officers. As some recommendations about to be made by this Committee could not be properly appreciated without a knowledge of the procedure of that Court, and the way in which Welfare Officers perform their duties, it is desirable to make the following brief explanation:
Under the Act of 1925 it is the parent and not the child, who is summoned to appear before the Children's Court. Section 13 (1) of the Act reads:
On the complaint of any constable or of any Child Welfare Officer that any child is a neglected, indigent, or delinquent child, or is not under proper control, or is living in an environment detrimental to its physical or moral well-being, any Justice may issue his summons addressed to any person having the custody of the child requiring him to appear before a Children's Court at a time to be named in the summons, either with or without the child, in order that the child may be dealt with in accordance with the provisions of this Act.
This new feature in our law did not displace the jurisdiction of Magistrates to deal with offences charged against young persons. Any doubt regarding the continuance of their powers was removed by the passing of the Child Welfare Amendment Act of 1927. All offences by children (except murder and manslaughter) are therefore still dealt with by a Magistrate, but in the Children's Court. In other words, it is not at present mandatory upon a parent to attend the Children's Court when a child is charged.
In practice it is frequently found that the parent comes to Court with a child who is charged with a breach of the law. This may be due to a family interest; it may be due to a direction by a Magistrate in some district that he will not deal with a child in the absence of the parent; it may be due to a misunderstanding of the law that, because a parent is summoned for having a delinquent child and may be required to bring the child with him, therefore when the child is summoned the parent must also attend.
This distinction between summoning the parent of a delinquent child to the Children's Court and bringing an offending child up on an offence can best be illustrated by what happened in the cases of carnal knowledge and indecent assault which were brought prominently to the notice of the public recently.