“PUBLIC FRIEND”

Dominion, Volume 19, Issue 155, 27 March 1926, Page 10

“PUBLIC FRIEND”

NEW OFFICER OF THE COURT CHILD WELFARE HONORARY ASSOCIATES, SPECIAL S.M.’S, J.P.’S Besides “specialising’’ the occupant of the Bench (S.M. or J.P.) in the Children’s Courts, the new Child Welfare Act will create a number of honorary associates (male and female), who will have Court-membership without deciding power. On April 1 comes into operation the Child Welfare Act of last session, which strengthens the status and legal standing of New Zealand’s Children’s Court, and provides for the specialisation of certain Magistrates and Justices of the Peace in this class of work, besides enacting many other things calculated to transform the errant boy or girl from a presumptive criminal into a child needing human guidance. The principle that a Children’s Court shall be as little as possible like a Court is observed by the Act, which provides that “the premises in which any Children’s Court-room is situated shall, so far as is practicable, be separate from the premises in which any

other Court usually exercises jurisdiction.” The saving clause would cover cases in which there are structural limits to the available accommodation. “For ever,’ Children’s Court .established under this Act (says section 27), the Governor-General shall from time to time appoint one or more Stipendiary Magistrates or one or more Justices of the Peace.” By having special Magistrates and Justices of the Peace it is hoped that the lack of uniformity shown by Courts in the past in their dealings with children will disappear. The section adds: “No Stipendiary Magistrate or Justice shall exercise jurisdiction in a Children’s Court unless he is appointed to do so under this section." “Members of the Court.” But the Children’s Court S.M. or the Children’s Court J.P. is not the only innovation. Enters also the Court Associate. He (or she) is a member of the Court, though his (or her) .concurrence is not necessary to a decision of the Court. In the words of the Act, “the decision of the Court in any case shall not be dependent on the concurrence of any persons so associated with the Children’s Court, but in all other respects all persons so associated with a Children’s Court shall be deemed to be members of that Court.” lhe Court Associate may be man or woman; may be associated only for a particular case or class of case; or may be associated "generally in relation to all matters that tnav be dealt with.” A Court Associate shall be appointed on the ground of special knowledge or experience deemed to be of advantage to the Court in exercising its discretionary powers. Appointments will be made by the Gov-ernor-General, and a Gazette notice will be sufficient-evidence of authority. The Court Associate is a new feature as a legal entity. But informal functionary, te (she) is noUnew. The type is known in many city courts. Names of missionaries and Salvation Army officers have for years appeared regularly in police court reports in New Zealand. Some Magistrates sometimes appeal to them. So the type existed in the flesh long before it went into the Statute Book. Who will be the first Court Associates to be formally appointed in New Zealand? So far no names have been announced. Somewhere, however, a list may be in preparation. And who will be the special magistrates and justices of the p'bace?

Women Best Able to Deal With Children. Mr. J. Beck, Officer-in-Charge of Special Schools, was consulted by The Dominion on the subject of the new order of things, and stated that the Associates would probably consist of women to act as “the public friends of children and young girls,’’ and men to act similarly with regard to boys over 13 years of age. The Associates would be honorary. He could say nothing as to pe-.H>nnel. But as regards the paid service, the new “Child Welfare Branch” (c.‘ the Education Department) created by the Act would be staffed, with the personnel of the present Special Schools Branch of the same Department. The reporter gathered generally from Mr. Beck that the Child Welfare Branch (not to be confused with the similarly named branch of the Health Department) would be built up from existing personnel, just as the new Children’s Courts would be built up from existing personnel and buildings. Mr. Beck attaches particular importance to employing wfimen officers to deal with children and girls, and carry on welfare work generally. He was sent by the Government to the United States and Canada to study welfare work there, and he affirms that the Child Welfare Act brings New Zealand into line with other advanced countries, where the child is treated not as a criminal, and where the Children’s Courts are de-criminalised, a protective mantle being thrown round the child, and publicity being carefully restricted. Oath-taking 'and criminal court forms were absent. So were the public look-ers-on. Names were not published. The Child Welfare Branch will be under a superintendent, subject to the Minister of Education and the Director

of Education. There will be also a deputy-superintendent. The' Registrar of Births and Deaths must notify a Child Welfare Officer of anv illegitimate birth, and such officer shall inquire and report to the superintendent as to whether the circumstances require that the child be cared for under the Act, but strict secrecy shall otherwise be maintained, under penalty of dismissal without notice.