SEC. ARTICLE 13.-BOARD OF CHILDREN'S GUARDIANS. 3661. Buildings and expenses, duty of board. [Acts 1919, p. 488. In force May 15, 1919.] 3661. Buildings and expenses, duty of board.-5. The board of county commissioners may provide and maintain a house of suitable size and convenience for the accommodation of the children placed under the custody and control of such board; said house to be approved by said board of children's guardians; shall pay such agents and assistants as may be deemed necessary by said board of children's guardians and the circuit court of such county, and appointed by said board of children's guardians, with the approval of the circuit court of such county, and shall pay all other expenses of said board and all expenses incident to the maintenance of said home except those for food and clothing, which shall be paid by said board from an allowance which shall be made for it by the board of county commissioners, to the amount of not more than the legal per diem for each child under the care of such board of children's guardians, kept in said house or maintained outside of said house. And said board shall have authority, when it deems it best for any child or children, to keep them outside of such house, so long as the best interests of such child or children shall require, and said board shall have full power to contract for such outside care. In all cases where the said board deems it advisable and for the best interest of such child or children, it may provide that such child or children may be placed under the care of their mother and that she shall be allowed such compensation therefor as the board may fix, not exceeding the legal per diem for each child allowed for the care of the wards of such board. The county council shall appropriate and the county commissioners shall allow the funds. necessary to carry into effect the provisions and purposes of this act. This section amends section 3661 Revision of 1914. SEC. ARTICLE 14A.-MATERNITY HOSPITAL. 3678d. Boarding home for children, 3678d. definition. SEC. 3678g. Rules and regulations, revocation of license, appeal. [Acts 1921, p. 372. In force May 31, 1921.] Boarding home for children, definition.-4. The term boarding home for children, as used in this act, shall be held to mean any children's home, orphanage or other institutions, associations, organizations or individual, engaged in receiving, caring for or finding homes for orphans, dependents or neglected children. This section amends section 3678d Revision of 1914. [Acts 1919, p. 758. Law without the signature of the Governor.] 3678g. Rules and regulations, revocation of license, appeal.-7. It shall be the duty of the Board of State Charities to provide such general regulations and rules for the conduct of all maternity hospitals and boarding houses for infants and for the business of placing infants as shall seem advisable to said board and not inconsistent with any of the provisions of this act. The Board of State Charities may revoke such license when in its discretion any provision of this act is violated; or in any case where, in the opinion of said board, such maternity hospital or such boarding house for infants is maintained without due regard to the health, comfort and morality of the inmates, or without due regard to the common rules of hygiene, or when any of such infants have been placed in homes, given in adoption or otherwise disposed of without proper provision or regard for the health, comfort, maintenance and moral welfare of the infants. The Board of State Charities shall note such revocation upon the face of the record thereof and shall give notice, in writing, of such revocation to the licensee by delivering the notice to him in person, or leaving it on the licensed premises, and shall forthwith notify the board of health of such city and county in which such premises are situated. Any person, firm, corporation or association whose license has been revoked may appeal from the action of the Board of State Charities to the circuit or superior court of the county in which such licensee resides and shall give a good and satisfactory bond in an amount to be fixed by the court conditioned to pay all costs of such appeal should the appeal be determined against him. This section amends section 3678g Revision of 1914. 3691. Admission of patients to hospital, record. The record of the proceedings had before a justice of the peace adjudging a person insane preparatory to his admission to a hospital, is not competent evidence in an action on a policy of insurance on the life of the insane person when there is no controversy of the fact that such person had been adjudged insane at a particular time. Modern Woodmen v. Miles, 178 Ind. 105, 97 N. E. 1009. In an action for malicious prosecution based upon a proceeding to determine the sanity of the plaintiff, an instruction which purports to enumerate the facts which would authorize the jury to return a verdict for plaintiff, was held defective because it made the honest belief of the plaintiff's insanity, based on the defendant's conversations, and his personal knowledge of the plaintiff's acts alone sufficient to show probable cause. Treloar v. Harris, App. 117 N. E. 975. A proceeding to determine the sanity of a person is not a special proceeding extrajudicial in character, but is a civil action, which may be the basis of an action for malicious prosecution. Treloar v. Harris, App. 117 N. E. 975. A complaint for malicious prosecution based upon a proceeding to determine the sanity of the plaintiff was held to state a cause of acton. Treloar v. Harris, 117 N. E. 975. - App. —, [Acts 1917, p. 142. In force October 1, 1917.] 3691a. Admission of insane, feeble-minded and epileptics to hospitals.-1. That insane, feeble-minded and epileptic persons having legal settlement in the State of Indiana shall be entitled to care in a hospital for insane maintained by the state, the Indiana School for Feeble-Minded Youth or the Indiana Village for Epileptics when committed thereto in the manner provided by law; and any person having legal settlement in any county in the State of Indiana who is poor and in need of relief shall be entitled to care in an asylum for the poor maintained by such county when committed thereto in the manner provided by law; and legal settlement shall be acquired by such insane, feeble-minded, epileptic or poor person in the same manner as is provided for the relief and support of poor persons under section 5, Chapter 147, of the acts of 1901: Provided, that the board of state charities may authorize nonresidents to be received into the institutions named in this section in cases where legal settlement can not be ascertained or where the peculiar circumstances of the case constitute in the judgment of such said board a sufficient reason for the suspension of this rule. See section 9745 Revised Statutes of 1914. 3691b. Information required.-2. Whenever application shall be made for the admission of any person to one of the institutions named in section 1 of this act, it shall be the duty of the superintendent thereof to require answers to be made and duly certified to the following questions: 1. Where was the person born? 4. When did he become a resident of...... County? 5. When did he become a resident of... ...Township? 6. If the person is without legal settlement in the state, county or township, on what ground is the application based? 3691c. Nonresident.-3. If the applicant for care is found to be without legal settlement in the State of Indiana, or if the question of his legal settlement is in doubt, it shall be the duty of the superintendent at once to notify the board of state charities, and if he recommends that such applicant be granted care, notwithstanding that he has not gained legal settlement within the state, it shall be his duty to give the reasons for such recommendation. 3691d. Investigation.-4. It shall be the duty of the board of state charities or such agent as it may designate to investigate the question of the applicant's legal settlement and the board or its agent shall have authority to send for persons and papers and to administer oaths and affirmations in conducting such investigations. 3691e. Deportation.-5. If upon such investigation it is ascertained that the applicant does not have legal settlement within the State of Indiana but has a legal residence in some other state or country, the board of state charities or its agent may return such applicant or cause him to be returned to the state or country where he has a legal residence, or to the state or country from which he came to the state of Indiana. 3691f. Nonresident inmates.-6. Whenever the superintendent of an institution named in section 1 of this act or a member of any board having a supervisory or administrative connection with such institution shall find therein any inmate who is believed to have no legal settlement within the State of Indiana, it shall be his duty at once to notify the board of state charities and it shall be the duty of the board of state charities or its agent to investigate the question of such person's legal settlement and to return him or cause his return to the state or country where he has legal residence. But if for any reason the said board of state charities or its agent shall deem it impracticable to return such inmate to his legal residence, it shall certify that fact in writing and such inmate shall thereafter be a charge upon that county in the State of Indiana in which he resides longest during the year next preceding. 3691g. Agreement with other states.-7. The board of state charities is hereby authorized and empowered to enter into agreements with authorities of other states which shall enact legislation consistent with this act for the arbitration of disputed questions between such state and the State of Indiana respecting the residence of insane, feeble-minded or epileptic persons and other dependents, and for the return of such persons to their proper residence. 3691h. Return from other states.-8. The board of state charities is hereby authorized to consent to the return of insane, feeble-minded or epileptic persons, and other dependents to the State of Indiana who have a legal settlement within the State of Indiana. The clerk of the circuit court of the proper county shall receive insane or epileptic persons returned to Indiana under the provisions of this act and care for them or cause them to be cared for until they can be received into the proper institution. The township overseer of the poor shall receive feeble-minded persons, and other dependents returned to Indiana under the provisions of this act and care for them in the manner provided by law. 36911. Legal settlement when in dispute.-9. Whenever any poor person shall have been sent from one county to another in the State of Indiana and a question is raised between the counties as to the person's legal settlement, it shall be the duty of the authorities of the county in which the person is found to make temporary provision for the said person pending the settlement of the question of his legal settlement and to lay a statement of the case before the board of state charities. It shall be the duty of the board of state charities or its agent to make due inquiry, and when it shall have determined the question of the person's legal settlement, it shall certify its finding and the said person shall thereupon become a charge upon that county in which he is found to have a legal settlement; and the actual necessary expense of such investigation and the necessary cost incurred in the care of such person pending such investigation and the expense of transferring him to the place of his legal settlement shall be paid by the county in which the said person is found to have a legal settlement on certificate of the secretary of the said board of state charities; Provided, That the decision of the board of state charities as authorized shall be subject to appeal to the circuit court in and for the county in which the said person shall be found at the time when such appeal is taken; said appeal to be made within ten days after the filing of the decision of the said board of state charities. 3691j. Expenses, how paid.-10. The actual necessary expense incurred in sending any person outside the State of Indiana under the provisions of this act shall be paid from the state treasury upon a duly verified bill sworn to by the secretary or the agent of the board of state charities. The actual necessary expense incurred in sending any person from one county to another within the State of Indiana under the provisions of this act shall be paid by the county in which the person is found. |