Ch. 737                            MARVIN MANDEL, Governor                                 1545

facility for the detention of adults, unless in a room or ward entirely separated
from adults. After January 1, 1975, no child alleged to be in need of supervision
shall ever be detained in a jail or other facility for the detention of adults or in a
facility to which children alleged or adjudicated delinquent have been detained or
committed.]

[(e)] (D) A child alleged to be neglected or dependent OR IN NEED OF
SUPERVISION shall never be placed in detention, but only in shelter care
facilities maintained by the Department of Social Services or any agency licensed
by the Department of Social Services OR ANY HOME OR FACILITY
MAINTAINED BY THE DEPARTMENT OF JUVENILE SERVICES FOR
THE CHILD IN NEED OF SUPERVISION.

[(f)] (E) A child alleged to be mentally handicapped shall never be placed in
detention, but only in shelter care facilities maintained by the Department of
Mental Hygiene or any agency licensed by the Department of Mental Hygiene.

70-19.

(a) If a child is found to be neglected, delinquent, in need of supervision,
mentally handicapped, or dependent, the court may make disposition as most
suited to the physical, mental, and moral welfare of the child; but no child (except
a delinquent child) may be confined in an institution or other facility designed or
operated for the benefit of delinquent children [[[]], provided that this prohibition
shall not apply to facilities designated by the State Department of Juvenile
Services of the Department of Health and Mental Hygiene[[]]].

[(b) If an adequate facility required by this section has not been established, the
court may approve a facility under the supervision and control of the State
departments of juvenile services, social services, mental hygiene and other
appropriate child-care agencies, for temporary use as such facility; but the use of a
facility which does not meet the requirement of this section may not continue
beyond January 1, 1975.]

(B) IF A CHILD IS FOUND TO BE NEGLECTED, IN NEED OF
SUPERVISION, MENTALLY HANDICAPPED, OR DEPENDENT, THE
COURT MAY NOT CONFINE THE CHILD IN A JUVENILE TRAINING
SCHOOL OR ANY SIMILAR INSTITUTION.

76.

(b) The judge shall have power to place any child found to be delinquent,
dependent or neglected or a child who is in need of supervision in the custody of
such person or persons, juvenile institution or juvenile agency, or to appoint a
guardian of the person therefor, for such period of time as may be deemed for the
best interest and welfare of said child, if it shall appear that the present custodian
or parent is not a fit person to have the custody of such child or that it would be
conducive to the best interest of such child to have a change of custodian or to be
placed under guardianship HOWEVER, ANY CHILD ALLEGED TO BE OR
FOUND TO BE NEGLECTED, DEPENDENT, MENTALLY
HANDICAPPED, OR IN NEED OF SUPERVISION MAY NOT BE
CONFINED IN A JUVENILE TRAINING SCHOOL OR ANY SIMILAR
INSTITUTION. A guardian appointed hereunder shall have no control over the
property of his ward, unless and until he shall apply for and receive such authority
under other applicable provisions of this Code.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect [[July 1, 1973]] JANUARY 1, 1974.