Chapter 53. Woods Haven School For Girls
TITLE 31
Welfare
Training Schools for Delinquent Children
CHAPTER 53. WOODS HAVEN SCHOOL FOR GIRLS
§ 5301. Definitions.
As used in this chapter:
(1) "Board" means the Board of Managers of the Woods Haven School for Girls.
(2) "School" means the Woods Haven School for Girls.
31 Del. C. 1953, § 5301; 70 Del. Laws, c. 186, § 1.;
§ 5302. Incorporation; powers and duties.
(a) The Woods Haven School for Girls is continued as a corporation and a body politic and corporate by law, and by that name shall have perpetual succession.
(b) The School may:
(1) Have, use or change a common seal;
(2) Receive, hold or convey any estate, real or personal, that may be committed to it;
(3) Act as guardian or custodian of any girl under the age of 18 years who shall be committed to its custody, charge or guardianship, according to law, for the physical, mental and moral training of such girl, and, during such time as any girl is in the custody, charge or guardianship of the School, the guardianship, custody or control of parents, guardians or any other person whatsoever shall be thereby superseded;
(4) Make such bylaws, rules and regulations and appoint such officers, agents and committees as it deems necessary and proper to carry out the purposes of the School; and
(5) Notwithstanding prior enactments accepting the Woods Haven School for Girls as a state-operated facility, nothing contained therein or in any other law was intended by the General Assembly to constitute a waiver of sovereign immunity for the Woods Haven School for Girls.
19 Del. Laws, c. 637, § 1; 22 Del. Laws, c. 363, § 1; 27 Del. Laws, c. 126, § 1; 27 Del. Laws, c. 127; Code 1915, § 2203; Code 1935, § 2514; 44 Del. Laws, c. 140, §§ 1, 2; 31 Del. C. 1953, § 5302; 69 Del. Laws, c. 133, §§ 3, 4; 70 Del. Laws, c. 186, § 1.;
§ 5303. Exercise of powers and duties.
The authority and duties conferred or imposed by this chapter upon the School may be exercised and discharged by the School or by such of its officers, committees or agents provided for in this chapter or provided for in any bylaws, rules or regulations adopted by it, as shall be severally charged therewith.
19 Del. Laws, c. 637; 22 Del. Laws, c. 363, § 5; Code 1915, § 2207; Code 1935, § 2518; 31 Del. C. 1953, § 5303.;
§ 5304. Board of Managers; composition and appointment.
(a) The School shall be managed by a Board of Managers which shall consist, in addition to those elected in accordance with the School's charter, of 3 persons to be appointed by the Governor, 1 from each county, to serve for terms of 3 years each. The Governor shall annually appoint a suitable person to be a member of the Board to succeed the manager whose term has expired. Such person shall be a resident of the same county as the manager to be succeeded. Vacancies occurring for any reason other than expiration of term shall be filled only for the unexpired term.
(b) The Governor, the State Treasurer, the Auditor of Accounts and the Judges of the Family Court shall be ex officio members of the Board of Managers of the School.
19 Del. Laws, c. 637; 27 Del. Laws, c. 126, § 4; Code 1915, § 2208; Code 1935, § 2519; 44 Del. Laws, c. 140, § 1; 45 Del. Laws, c. 241, § 4.;
§ 5305. Audit of accounts.
The accounts of the School shall be audited by such accountant or agency of the State as is authorized to audit the accounts of any board, commission or department of the State. The treasurer of the School shall submit for inspection by the auditing agency all the books of account, vouchers and papers as will be necessary for the audits.
19 Del. Laws, c. 637; 27 Del. Laws, c. 126, § 3; Code 1915, § 2209; Code 1935, § 2520; 44 Del. Laws, c. 140, § 1; 31 Del. C. 1953, § 5305.;
§ 5306. Preparation and submission of a budget.
Before any appropriation is made to the School from the State, the Board shall prepare a budget showing its needs and requirements and submit the same to the person or board charged with the preparation of the Budget Appropriation Bill and shall make a request of the General Assembly for such amount of money as in its judgment is necessary for the operation of the School during the next biennium.
32 Del. Laws, c. 26, § 16; 37 Del. Laws, c. 81, § 2; Code 1935, § 2521, 31 Del. C. 1953, § 5306.;
§ 5307. Instruction of inmates.
The School shall cause the girls under its charge to be instructed in the branches of useful knowledge adapted to their age and capacity and in household employment, needlework and such other forms of industry as may be suited to their sex, age, strength and disposition and as may be best adapted to secure their improvement and future welfare. The School shall have regard to the character of those to whom the girls are entrusted, either in private homes or elsewhere, that they may secure to them the benefits of good example, wholesome instruction, improvement in virtue and knowledge and the opportunity to become intelligent, moral and useful members of society.
19 Del. Laws, c. 637; 22 Del. Laws, c. 363, § 5; Code 1915, § 2207; Code 1935, § 2518; 31 Del. C. 1953, § 5307; 70 Del. Laws, c. 186, § 1.;
§ 5308. Payments by Levy Court and County Councils.
The Levy Court and the County Councils of the 3 counties of this State shall respectively pay monthly to the School for the maintenance and instruction of each girl committed to its custody from the respective counties, the moneys as provided in § 347 of Title 9.
In the same manner and to the same amount as the County Council of New Castle County pays the School for the maintenance and instruction of girls committed to its custody, the Levy Court of Kent County and the County Council of Sussex County shall appropriate and pay moneys for the maintenance and instruction of girls committed to its custody from those counties respectively.
20 Del. Laws, c. 39; 23 Del. Laws, c. 42; 24 Del. Laws, c. 136; Code 1915, § 2211; 29 Del. Laws, c. 171, § 1; Code 1935, § 2522; 46 Del. Laws, c. 253, § 1; 31 Del. C. 1953, § 5308; 70 Del. Laws, c. 186, § 1.;
§ 5309. Exemption from taxation.
The estate, real and personal, of the School, and for the purposes of its incorporation, shall be free from state, county and city taxes.
20 Del. Laws, c. 449; 21 Del. Laws, c. 239, § 2; Code 1915, § 2212; Code 1935, § 2523; 44 Del. Laws, c. 140, § 1; 31 Del. C. 1953, § 5309.;
§ 5310. Commitments to School.
The Board, in assenting thereto, may receive into its charge, custody or guardianship, any girl not over 18 nor under 11 years of age when committed thereto in any 1 of the following modes:
(1) The Family Court and the Superior Court may each commit to the custody of the Board any girl who is subject to the jurisdiction of such court and who is a delinquent child, as that term is defined in § 901 of Title 10.
(2) Whenever it appears to the Family Court that the best interests of a girl who is living in circumstances of manifest danger of falling into habits of vice or immorality will be served by temporary care and further study of her case, pending a final disposition thereof, the court may commit such girl to the custody of the Board for a temporary period not exceeding 3 months. At the end of the temporary period of commitment, the Court shall make final disposition of such case.
19 Del. Laws, c. 637, §§ 3-5; 22 Del. Laws, c. 363, § 2; 24 Del. Laws, c. 121, § 3; 26 Del. Laws, c. 262, § 10; 27 Del. Laws, c. 126, § 1; Code 1915, § 2204; 40 Del. Laws, c. 183, §§ 1, 2; Code 1935, § 2515; 48 Del. Laws, c. 302; 31 Del. C. 1953, § 5310; 70 Del. Laws, c. 186, § 1.;
§ 5311. Aiding or harboring escapees; penalty.
Whoever knowingly:
(1) Advises, promotes or aids in the escape or running away of any girl from the guardianship or custody of the managers of the Woods Haven School for Girls; or
(2) Harbors or conceals, or aids in harboring or concealing, any girl who has escaped from the guardianship or custody of the managers after such girl has been regularly committed thereto,
shall be fined not less than $10 nor more than $100.
20 Del. Laws, c. 191; Code 1915, § 2213; Code 1935, § 2524; 44 Del. Laws, c. 140, § 1; 31 Del. C. 1953, § 5311; 70 Del. Laws, c. 186, § 1.;
§ 5312. Confinement of delinquents.
(a) If any girl in the charge, custody or guardianship of the School shall be guilty of an attempt to set fire to any building, or to any combustible matter for that purpose, or of openly resisting the lawful authority of any officer or agent of the School, or of attempting to incite others to do so or shall by gross or habitual misconduct exert a dangerous and pernicious influence over the girls so in charge, custody or guardianship of the School, the School, when such case arises, may through its proper officers submit a written statement of the facts to the Superior Court in and for New Castle County and apply for an order authorizing a temporary confinement of such delinquent in the New Castle County Workhouse.
(b) The Court shall forthwith inquire into the facts, and if it appears that the allegations in the statement are substantially true, and that the ends desired to be accomplished by the School will be best promoted thereby the Court shall make an order authorizing the confinement of such delinquent in the Workhouse for a time to be limited and expressed in the order, and the Board of Trustees of the Workhouse shall receive such delinquent and detain her during the time expressed in such order.
(c) At the expiration of the time limited, or sooner if the Court shall so order upon a further application, the Board of Trustees of the Workhouse shall, with the assent of the School, return such delinquent to the charge, custody or guardianship of the School.
19 Del. Laws, c. 637; 22 Del. Laws, c. 363, § 4; Code 1915, § 2206; Code 1935, § 2517; 31 Del. C. 1953, § 5312; 70 Del. Laws, c. 186, § 1.;