SEC. 3. Proceedings concerning a 'dependent' or 'neglected� child.�Any representative of the Secretary of the Department of Social Welfare who is assigned in the city, having knowledge of a child in the province or city who appears to be 'dependent' or 'neglected' child may file with the clerk of the court a written petition, setting forth the facts constituting the child 'dependent' or 'neglected'; which petition shall be verified by the affidavit of the petitioner. It shall be sufficient, if the affidavit shall be upon information and belief. Such petition shall set forth the name of the parent or parents of such child, if known, and their residence; and if such child has no parent living, then name and residence of the guardian of such child, if it has one.
Upon the filing of such petition, the judge of said court shall fix the day and time for the hearing of such petition. If it appears that one or both of such parents, or guardian, if there be no parents, reside in the province, the clerk of said court shall immediately issue summons, which shall include a copy of the petition, and which shall be served on such parent, parents, or guardian, if any, if either can be found in the province or city not less than two days before the time fixed for said hearing, requiring them to appear on said day and hour to show cause, if any, why such child should not be declared by said court to be a 'dependent' or 'neglected' child. If it appears from the petition that neither of said parents is living, or do not reside in the province or city and that said child has no guardian residing in said province, or in case one or both of said parents, or the guardian in case there be no parents, shall indorse on said petition a request that the child be declared a 'dependent' child, then the summons herein provided for shall not be issued; and the court may thereupon proceed to a hearing of the case. In case neither of the parents or guardian is found, then the court shall appoint some suitable person to represent said child in said case.
Upon such hearing of such case the child shall be brought before said court; whereupon, the court shall investigate the facts, and ascertain whether the child is a �dependent' child, its residence, and, as far as possible, the whereabouts of its parents or near adult relatives, when and how long the child has been maintained in whole or in part, by private or public charity, the occupation of the parents, if living, whether they are supported by the public or have abandoned the child, and to ascertain, as far possible, if the child is found dependent, the cause thereof. The court may compel the attendance of witnesses on such examination. The fiscal, when requested by the court, shall appear in any such examination in behalf of the petitioner. It shall be the duty of the fiscal upon the request of the court or any petitioner, to file a petition and to conduct any necessary proceedings in any case within the provisions of this article.
In the hearing of such case, the court shall not be bound to follow the technical rules of evidence. If the said child shall be found after such hearing to be a 'dependent' or 'neglected' child, as defined herein, it shall be adjudged a 'dependent' child, and an order may be entered making such disposition of the care and custody of said child as the court deems best for its moral and physical welfare. It may be turned over to the care and custody of any suitable person or any suitable institution in the city organized for the purpose of caring for 'dependent' children, and which is able and willing to care for same. If there be no such person or suitable institution, the child shall be referred to the Department of Social Welfare. And when such child is so turned over to the custody of such person or institution, such person or institution shall have the right to the custody of said child, and shall be at all times responsible for its education and maintenance, subject at all times to the order of the court.
In any case where the court shall award any 'dependent or 'neglected' child to the care of any individual or institution, the child, unless otherwise ordered, shall become a ward and be subject to the guardianship of the institution or individual to whose care it is committed. Any institution or individual receiving any such child under the order of the court shall be subject to visitation or inspection by any person appointed by the court for such purpose; and the court may, at any time, require any institution or person a report containing such information as the court shall deem proper or necessary to be fully advised as to the care, education, maintenance and moral and physical training of the child; as well as to the standing and ability of such institution or individual to care for such child. The court may change the guardianship of such child, if, at any time, it is made to appear to the court such change is to the best interests of the child. If, in the opinion of the court, the causes of the dependency of any child may be removed under such conditions or supervision for its care, protection and maintenance as may be imposed by the court, so long as it shall be for its best interests, the child may be permitted to remain in its own home and under the care and control of its own parent, parents or guardian, subject to the jurisdiction and direction of the court; and when it shall appear to the court that it is no longer to the best interests of such child to remain with such parents or guardian, the court may proceed to a final disposition of the case.
In case any child is adjudged to be 'dependent' or 'neglected' then such parents or guardian shall thereafter have no right over or to the custody or services of said child except upon such condition in the interests of such child as the court may impose, or where, upon proper proceedings, such child may lawfully be restored to the parents for guardian.
