xt7zgm81p49t https://exploreuk.uky.edu/dips/xt7zgm81p49t/data/mets.xml North Dakota United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- 1936 p. 3201-3262, 1 leaf (folded); 27 cm UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:35/N 81d books English Washington: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. North Dakota Works Progress Administration Publications Public welfare -- Law and legislation -- North Dakota Charity laws and legislation -- North Dakota Digest of Public Welfare Provisions Under the Laws of the State of North Dakota text Digest of Public Welfare Provisions Under the Laws of the State of North Dakota 1936 1936 2019 true xt7zgm81p49t section xt7zgm81p49t IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ‘
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WORKS PRO'GRESS ADMINISTRATION
HARRY L. HOPKINS, ADMINISTRATOR
' CORRINGTON GILL HOWARD B. MYERS, DIRECTOR
ASSISTANT ADMINISTRATOR SoCIAI. RESEARCH DIVISION
0 .
I DIGEST OF PUBLIC WELFARE PROVISIONS
‘ UNDER THE LAWS OF THE STATE OF
NORTH DAKOTA
‘ . i JUN - i 1940 l V, “messengers:-
JANUARY 1,, 1936 ' {351:2 :QQEENTUCI"
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PREPARED BY ROBERT C. LOWE AND STAFF
LEGAL RESEARCH UNIT ‘ ‘
“*7“ SUPERVISION or ‘
HENRY B. Nun, ASSISTANT D'fnecroa
DIVISION or SOCIAL RESEARCH
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Preface
This bulletin is one of a series intended to present in
abstract form the public welfare provisions of the laws of each of
the States.
The purpose of these bulletins is to give a brief review
of the provisions for public assistance under the laws of the several
jurisdictions, and of the administrative agencies set up by law with
reference thereto. A chart showing the organizational relationships
4, of the administrative agencies is included.
.;' The possibility of error in attempting with a limited staff
/g and in a limited time to assemble and digest the formidable mass of
. 7: material incident to such a study is frankly recognized. The coopera-
.2 tion of those who have occasion to use these digests in reporting any
- if errors of omission or commission noted, or in suggesting improvement
; in form or content, is invited and will be greatly appreciated.
é?) Meanwhile it is hoped that those interested in considering
5: the reorganization or strengthening of public welfare services in the
1 several States may find the digests of practical value.
{In
_;
i: /);61-:_/
\ The Court may allow the child to remain in its
own home, subject to the friendly visitation of a Juvenile Offi-
‘ cer, or may appoint a reputable citizen guardian of the child. 4/
Feeble—minded dependents and delinquents are
committed to Grafton State School. p/
(d) Qualifications imposed
If the parents or persons liable in law for the
support of the child are able to contribute to the support, the
court may order such persons to pay a reasonable sum to the
guardian or institution for such support. E/
____________.________....__u______.___________________..____.___.
1. Definitions: For definitions of "Dependent child", "neglected
child", and "delinguent child" see abstract of provisions re-
garding Juvenile Court. Laws of North Dakota (1929), Ch. 115,
Sec. 1-
2. Laws of North Dakota (1929), Ch. 115, Sec. 5.
5. Compiled Laws (1915), Sac. 11409.
4. Ibid, Sec. 11409, 11411.
5. Laws (1931), Ch. 125.
. 6. Compiled Laws (1915), Sec. 11424.

3205, North Dakota - Abstract of Public Welfare Provisions -
3. DEPEIDENT AND NEGLECTED CHILDREI (INSTITUTIONAL) (Cont'd) .
(e) Incidence of financial respgnsibility ~
The State supports the State Training School,
.Grafton State School and certain private institutions receiving
dependent children, i.e. St. John’s Orphanage Z/ and makes an
appropriation to the Child Welfare Division of the Board of Ad-
ministration for physically handicapped children 8/, but the
parents of the child must pay for its support, if so ordered by
the‘court,.and, in case they are unable, the court may order the
county to contribute. é/ Dependent children not committed to
institutions are cared for by the county. 2/
(f) Taxes
General fund. 12/
(8) Administrative agencies '
Child Welfare Division, Board of Administration _1_1_/,
Juvenile Court_1§/ County welfare Boards. 13/
(h) Supgrvisory controls
v If State or Federal funds made available, the
State Board of Public Welfare supervises administration. 14/ .
_______.____.__1_________.__________.________.______________________
7. Laws (1935), Ch. 47, 50, 62.
- 8. Ibid, Ch. 8.
9. 1913-1925 Supp., Sec. 5109, 5110.
10. Ibid, Ch. 8, 47, 50, 62.
11. 1913-1925 Supp., Sec. 283b—6.
12. Definitions: For definitions of ”dependent child", "neglected ,
child", and "delinguent child" see abstract of provisions re-
garding Juvenile Court. Laws of North Dakota (1929), Ch. 113,
Sec. lo
13. Laws (1935), Ch. 123.
14. Ibid, Ch. 221.

NORTH DAKOTA 3207.
. ABSTiAQQQF PUBLIC WEIJARI PROHSIONS
’ 4. OLD AGE ASSISTANCE
(a) pescrintion of class

Any person of 68 years and over, regardless of age,
who is without adequate means of support. A/

(b) Procedure to determine eligibility

Claim.delivered by applicant to county welfare
boards; subsequent investigation made and hearing had by boards.
Claim sent to State Public Welfare Board for approval or rejection.§/

Must be citizen of United States; resided in State
20 years immediately preceding application (absence not exceeding 1
year or temporary absence in service of State or United States not
deemed to interrupt continuous residence, if new domicile not ac-

. quired). g -

Must not have habitually failed to work according
to his ability, opportunity, or need, for the maintenance of himself
or those legally dependent upon him; must not have been a professional
tramp, beggar or vagrant; nnst have no children of sufficient ability
and who are liable and responsible, under the law, for his support;
must not have deprived himself of property for the purpose of qualify-
ing; must not be an inmate of any municipal, State or national institu—
tion. 5/

Annual income from all sources including pension
must not exceed $150.00 per year. §/

(Income of non-revenue producing property computed
at 5%) é/ .

The county boards may require an assignment of
property bearing 3% interest as a condition to granting aid. 2/

l. Lawa (1933), Ch. 254, Sec. 2
2. Ibid, Sec. 5, 6, as amended by Laws (1935), Ch. 221, 123
3. LaWs (1933), Ch. 254, Sec. 3
4. Ibid, Ch. 254, Sec. 2
5. Ibid, Sec. 3
. 6. Ibid, Sec. 4
7. Ibid, Sec. 18

5208. North Dakota - Abstract of Public Welfare Provisions
4—. OLD AGE ASSISTANCE (Cont'd) .
(6) Incidence of financial responsibility
State (obligation mandatory). §/ 1
(1‘) Salas
‘ State annual tax of 1/10 mill on all property.
Receipts covered into the Old Age Pension Fund. _8j '
(g) Administrative agencies
County Welfare Boards. 2/
(h) Supervisorz controls
State Department of Public Welfare. l9]
—_——.————___—__—_______________.________
8. laws (1933), Ch. 254, Sec. 1
9. Laws (1935), Ch. 123, Sec. 1
10. Ibid, Ch. 221, Sec. 6
O
» O

NORTH DAKOTA 5209.
. ABSTRACT OF PUBLIC WELFARE PROVISIONS
5. SOLDIERS' AND SAILORS' RELIEF
(a) Description of class

Baseline

Member of militia wounded or disabled while in
State service, or widow or minor children of such militia member. 1/

Soldiers’ Home;

Honorably discharged, disabled soldiers, sailors
or marines, who served in United States army or navy and their
wives and widows. 2/

Burial:

Honorably discharged United States soldiers,
sailors or marines who served in army, navy or marine corps
during war of the Rebellion. 5/

(b) Procedure for determining eligibility
. Pens ions:

' Adjutant General prescribes regulations for grant-
ing of pension (increases, decreases, or withdraws pension wdth
Governor's approval). 3/

Soldiers' Home:

No statutory provision.

Burial:

Notice to county judge who appoints suitable per-
son to conduct burial. 5/

Like pension or reward that persons under similar
circumstances receive from United States l/g care in Soldiers'
Home 2/; burial expenses not to exceed $50 5/; (not to be made in
cemetery or plot used exclusively for burial of pauper dead §/).
1. Compiled Laws (1915), Sec. 2425.

2. Ibid, Sec. 1776,
5. Ibid, Sec. 5181.
. 4. Ibid, Sec. 2424.
5. Ibid, Sec. 5185
6. 1915—1925 Supp., Sec. 5182

3210. North Dakota _ Abstract of Public Welfare Provisions
5» s_o__LDI.ERS. 1 mm5\llomm1m (Comm) .
(d) Qggliiications imposed
Medical examination of pension claimant 2/; no
applicant admitted to Soldiers8 Home who has not been a State
resident at least 1 year next preceeding application date, un-
less he served in a Dakota regiment or was accredited to the
Dakota territory §/; relatives or friends unable or unwilling
to defray expenses of funeralo if
' (a) meningeal 21am“.lami-1.1‘116229iasipmilair
Pensions State m Mandatory. i%/
Home w State a Optionalo ll
Burial m State u Mandatorya 2/
( f ) Flees
State Treasuryo
(8) aisialﬁnaiusissa 11? is:
2021230301,,
Adjutant General and Governor. 12/
Board of Trustees of Soldiers“ Home. 15/ .
Burial by person designated by county judge. 14/
(h) Sppervisory contrgig
No provisiono
7. Compiled Laws (1913), Sec. 2425.
8. Ibid, Sec. 177?$
9. Ibid, Sec0 31810
100 Ibids Secs 24:25:;
11. Ibid, Seco 17839
12. Ibid, Sec. 2424a
13. Laws (1933), Ch. 200, Sec. 1.
l4. Compiled Laws (1913), See. 31830

NORTH DAKOTA - Abstract of 5211.
Administrative Agencies
. PUBLIC WELFARE BOARD OF NORTH DAKOTA ‘
(Statutory Body)
1. General Powers and Duties
The Board has the following powers and
duties:

(1) To act as the official agency of the state
in any social welfare activity initiated by the Federal Government
and to administer, allocate and distribute any State and Federal
funds that may be made available for the following purposes: 1/

(a) The relief of destitute or necessitous persons;
(b) Mother's aid;

(0) Old age assistance;

(d) Aid to dependent children;

(e) Maternal and child health;

(f) Care of crippled children;

(g) Aid to child welfare service; and

(h) Public health service. 1/

(2) To study the subjects of non—employment,
poverty, vagrancy, housing conditions, crime, juvenile delinquency,
public amusements, care and treatment of prisoners, divorce and wife

. desertion, child welfare, the social and kindred subjects and their
causes, treatment and prevention of any hurtful conditions. 1/

(3) To provide for the study and promote the
welfare of the dependent, delinquent, and neglected children, and to
provide for the placing and supervision of dependent, delinquent, and
defective children, subject to the control of any court having juris-
diction and control of any such child. 1/

(4) To recommend to the Legislature social legis—
lation and the creation of necessary institutions. 1/

(5) To cooperate with and advise and assist the
various county welfare boards in every way possible. 1/

(6) To issue printed bulletins and in other ways to
inform the public as to social conditions and the proper remedy of
social life. 1/

(7) To secure, hold and administer for the purpose
for which it is organized, any property and any funds donated to it. 1/

(8) To issue subpoenas and compel the attendance
of witnesses,etc. in connection with investigations. The Board can not
compel production of records of the institution, however, except upon

. order of the Judge of the district court. _1_/
1. Laws, (1935), Chap. 221, Sec. 6 '

5212. North Dakota - Abstract of '
Administrative Provisions —
Public Welfare Board
2. Composition and Appointment of Governing Body
The Public Welfare Board of North Dakota is
appointed by the Governor, Attorney General, and Commissioner of
Agriculture and Labor, and consists of 7 members, at least one of
whom must be a World War Veteran. The members serve rotating terms
of 6 years. 2/ '
The Board elects a president, vice-president,
secretary and such other officers as it may determine. It must hold
meetings at least quarterly and whenever called in session by the
president or a majority of the board. 5/
The Board members receive no compensation
other than actual expenses. 4/
5. Reports
The Board must report to the Governor and
the Legislature biennially. 5/
The Board makes reports on institutions for
child caring and placing, homes for the aged, maternity homes etc.
and requires annual reports from said institutions. p/
4. Executive .
The Board appoints an executive director who
must devote his entire time to his office and must be a person who has
professional qualifications, wide experience, education and training,
in the administration of public and/or private welfare institutions,
agencies or activities. The director must have been a resident of
North Dakota for 5 years preceding his appointment. He holds office
at the pleasure of the Board and must give bond in the sum of $10,000.2/
5. Staff ‘
The Board elects clerks, stenographers, and
other necessary employees and fixes their compensation. g/
2. Laws, (1955), Ch. 221, Sec. 1
5. Ibid, Sec. 2
4. Ibid, Sec. 5
5. Ibid, Sec. 7 ‘
6. Ibid, Sec. 6
7. Ibid, Sec. 5
8. Ibid, Sec. 2 and 5 .

North Dakota — Abstract of 3213.
Administrative Provisions -

Public Welfare Board

6. Financial Provisions

The Board is financed by appropriations from I
the general fund of the State. 9/

A11 moneys appropriated for the purposes of
the Board are paid into the State Treasury and credited to the State
Welfare Fund. Any funds received from Federal Agencies are deposited
and disbursed as provided by Congress or by the regulations of the
Federal Agencies from whom the funds were received. 19/

Amount of Appropriation:

There is appropriated out of the State
Treasury $25,000 or so much thereof as may be necessary to carry
out the purposes of the act establishing the Board of Public Wel-
fare. 11/

__________________._________.____________._____.__._________________
9. Laws, (1935), Ch. 221, Sec. 8
10. Ibid, Sec. 5
11. Ibid, Sec. 8
e ‘

3214. NORTH DAKOTA
BOARD OF ADMINISTRATION .
(Statutory Body)
1. General Powers and Duties

(l) The State Board of Administration has general
supervision and administration of all penal, charitable, and
educational institutions of the State. _1/

(2) The Board of Administration has all the powers
and duties of the State Board of Education, State Board of
Regents, and State Board of Control. 2/

(3) The Board of Administration has full power to
manage,control and govern:

(a) The State Hospital for the Insane.
(b) The State Penitentiary.
(c) The North Dakota Blind Asylum.
(d) The School for the Deaf and Dumb.
(e) The School for the Feeble-minded, (Grafton). .
' (f) The State Reform School (Training School).
(g) The North Dakota State Tuberculosis
Sanitarium and such other charitable and reformatory and penal
institutions as are established. 3/
~ (4) The Board of Administration has the power to
appoint a child welfare executive officer and such agents as are
necessary. 3/

(5) The Board has supervision of the administration
of educational aid to war orphans. 4/

(6) The Board must establish an educational Commis-

sion. 5/
________________________________________________________________
1. Laws (1931), Ch. 265.
2. Compiled Laws Ann. (1913—1925 Supp.), Sec. 283 b 5; Compiled
Laws Ann. (1913), Sec. 243.
3. Compiled Laws Ann. (1913—1925 Supp.), Sec. 283 b 7.
4. Laws (1933), Ch. 238.
5. Compiled Laws Ann. (1913-1925 Supp.), Sec. 283 b 12 I

North Dakota — Abstract of 5215.
Administrative Provisions —
Board of Administration
1. General Powers and Duties (Cont'd)

' (7) The Board has the following powers and duties
in relation to child welfare:

(a) to license, supervise, and regulate mater— ‘
nity hospitals, lying—in institutions, and all institutions
caring for or placing children; 6/

(b) to investigate homes in which children are
placed,to withdraw children from undesirable homes; 6/ ‘

(d) to investigate petitions for adoption as
such petitioners are referred by courts of competent jurisdiction
to the Board; 6/

(e) to cooperate with county commissioners and
county courts in administering the mothersy pension law, by
investigating applications for allowances and by supervision
after allowances have been granted; 6/

. (f) to cooperate with the juvenile court in
the investigation of all cases; 6/

- (g) to secure enforcement of laws relating to
the establishment of paternity of illegitimate children; and to
assist unmarried pregnant women and unmarried mothers; 6/

(h) to secure enforcement of child labor laws,
laws relating to sex offenses involving children, cruelty to
children, and laws relating to non-support of children; 6/

(i) to receive and provide for feeble—minded
persons committed to the Board by the Courts; 6/

(j) to cooperate with Boards of county commis—
sioners in selecting child welfare workers and boards; 6/

(k) to act as parole officer of juveniles
upon the request of courts or superintendents of institutions; 6/

(l) to secure the enforcement of all laws for
the protection of neglected, dependent, delinquent, illegitimate
and defective children; 6/

(m) to cooperate with the superintendent of
public instruction and county superintendent of schools in the

. enforcement of the compulsory education law. 6/
6. Laws (1915-1925 Supp.), Sec. 285 b 6 and 7.

5215, North Dakota — Abstract of
Administrative Provisions u
Board of Administration
2. Composition and Appointment of Governing Body

The Board of Administration consists of
three members appointed by the Governor, who hold office for
six year rotating terms. The members must give all their time
to their duties and receive a salary of $3000 per annum and
expenses. A Chairman is elected by the Board from its member—
ship. 2/

3. Reports

The Board must make an annual report to
the Governor. 8/

4. Executive

A Secretary, who receives a salary not
to exceed $3000 per annum, is employed by the Board. 2/

5. Staff

Such administrative officer and assistants,
agents, directors of vocational training, accountants, and employ—
ees as may be necessary are employed and their salaries fixed by
the Board of Administration. 9/ .

A state transportation officer to trans—
port to the penitentiary, the reform school and the asylum for .
the insane, persons committed thereto, is appointed by the Board. .
He acts under the direction of the Board and may be removed by
the Board for cause. He receives $2400 per annum and actual
expenses. 10/

The Educational Commission to consists of
the State Superintendent of Public Instruction (ex officio chair-
man) and four other members appointed by the Board for periods
of two years as follows: -

1 county superintendent, 1 city superin—
tendent, l representative of the normal schools and 1 represent—
ative of the university and agricultural college, alternating.

The said Commission has supervision of the certification of
teachers, standardization of schools, and such other Work as
the Board assigns. The commission meets quarterly and receives
a salary determined by the Board. 11/
______._.._..________________________________.___________________
7. Laws (1931), Ch. 265, and Compiled Laws Ann. (1913—1925 Suppa)
Sec. 283 b 2 and b 3. .
8. Compiled Laws Ann. (l913~l925 Supp.), Sec. 283 b 15.
9. _Ibid, Sec. 283 b 4
10. Laws (1931), Ch. 275.
11. Compiled Laws Ann. (1913-1925 Supp.), Sec. 283 b 12.

North Dakota - Abstract of . 3217.
Administrative Provisions —
Board of Administration
6. Financial Provisions
The Board is financed by appropriations
from the general fund of the State. lg/
Amount of Appropriation: .
The sum of $100,152.80 is appropriated to
the Board for the period from July 1, 1935 to June 30, 1937. 13/
' Limitation of Funds:
(1) For Administrative Purposes.
Salaries . . . . . . . . . . . . . . . $32,272.80
Postage . . . . . . . . . . . . . . . 1,000.00
Office Supplies . . . . . . . . . . . 700.00 '
Furniture and Fixtures . . . . . . . . 400.00
Printing . . . . . . . . . . . . . . . 1,500.00
Miscellaneous . . . . . . . . . . . . 2,000.00
Travel Expense . . u . . . . . . . . . 7,000.00
Emergency Fund for State institutions 40,000.00
Total . . . . . . . . . 84,872.80
. (2) For Administration of child welfare laws. 12/
Salaries . . . . . . . . . . . . . . . $ 6,480.00
Postage . . . . . . . . . . . . . . . 400.00
' Office 3113131188 . '0 o o o c u o o o a 300.00
Furniture and Fixtures . . . . . . . . 250.00
Printing . . . . . . . . . . . . . . . 200.00
Miscellaneous . . . . . . . . . . . . 650.00
Travel Expenses . . . . . . . . . . . 2,000.00
For physically handicapped children . 5 000.00
Total . . . . . . . . . $15,280.00
12. Laws (1935) Ch. 8; Ch. 15, Subdivision 22.

3218. NORTH DAKOTA
- SUPERDITENDENT OF STATE HOSPITAL FOR THE INSANE . .
(Constitutional Body) _1/
1. General Powers and Duties
(a) Superintendent:
(l) The Superintendent must discharge any patient who
is cured. 3/ ‘
(2) The superintendent must report to the Board of
examiners all feeblewminded, insane and epileptic, moral degenew
rates and sexual perverts potential to producing offspring, so
that such persons may be sterlized. g/
(5) The Superintendent is chief executive officer
and has entire control of the medical, moral, and dietetic treat-
ment of the patients. 5/ \ ‘
1. Constitution of North Dakota, Sec. 215. .
Commitments: A person of unsound mind may be placed in an asylum
for such persons upon the order'of the county court of the county
in which he resides when the court is satisfied by the oath of 2
reputable physicians that such person is of unsound mind and un- .
fit to be at large. After such order the husband or wife or
_relative to the 3rd degree of such alleged insane person may ap-
peal to the district court and demand therein an investigation
before a Jury. Compiled Laws Ann. (1913), See. 4474.
Upon the filing of an application for admiSsion to the hospital,
in the form of an information verified by affidavit, the County
Commissioners of Insanity must appoint a physician to examine
the alleged insane person and themselves investigate the grounds
of such information. If, as a result of these investigations, it
is found that the alleged insane person is insane, and a fit sub- ,
ject for treatment and custody in the hospital, they must issue
a warrant for his commitmentt Ibid, Sec. 2550, 2551, 2552, 2555. '
If there is no room in the said hospital for the person committed,
the Commissioners must require that patients be suitably provided
for otherwise, until such admission can be had, or until the oc-
casion therefor no longer exists. If suitable place cannot be
found, the Commissioners may require such persons to be taken to
the asylum of any State designated by the Governor, who is autho-
rized and empowered to make the best terms he can with the autho-
rities in any State for the admission of such patients. Ibid.
Sec. 2554.
2. Constitution of North Dakota, Sec. 1766.
5. Laws (1927), Ch. 263.
6:. Compiled Laws Ann. (1913). Sec. 175?. .

" ports 33mg — Abstract of 5219,,
Administrative Provisions —
State Hospital for Insane
1. General Powers_and Duties (Cont’d)
(b) Egard of_Administration

(1) The Board of Administration has general
management of the hospital; and must make all rules and regula—
tions necessary for the government of the hospital. 5/ '

(2) The Board of Administration must fix the
amount to be paid for board, care and treatment of the patients,
which must not exceed $30 per month for residents of the State
provided that all non—residents must pay the actual cost of care
and treatmento g]

(3) The Board of Administration has the power
to discharge patients and refuse additional applications when in
its judgment the interest of the patients demands such discharge '
and refusal. 2/ -

(4) The Board of Administration may, in the
name of the State, take and hold in trust for the hospital, any
property given, devised or bequeathed to said hospital but it
may not convey such property without the consent of the legisla—
ture. g/

. 2. Composition and Aonointment of Governing Body
. ' The Superintendent, who must be a physi-
cian of acknowledged skill and ability and a graduate of a reput—
able medical college, is appointed by the Board of Administration,
and his salary fixed, at a sum not to exceed $4000 per annum, by
the Board of Administration With the approval of the Governor. 9/
3. Reports
The Superintendent must make a bien