Delaware General Assembly

CHAPTER 156

THE ELIZABETH W. MURPHY SCHOOL, INC.

AN ACT in relation to Poor and Dependent Children. Whereas, The Elizabeth W. Murphy School, Inc., a corporation of the State of Delaware, located at Dover, Delaware, is organized for the purpose of establishing and maintaining in or near the Town of Dover, a home and school for the education and training of poor and dependent white children of Kent County and State of Delaware, who are, when received, between the ages of two (2) and ten (10) years. And Whereas, the said The Elizabeth W. Murphy School, Inc., is adequately endowed and financially able to care for such children entrusted to its care; Now Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. The father or the mother, or if there be no father nor mother, the Guardian, or if there be also no Guardian, then any trustee of the poor of Kent County, is hereby authorized to place any poor and dependent white child, resident in Kent County, between the ages of two and ten years in and under the charge and control of the said The Elizabeth W. Murphy School, Inc., and to surrender and deliver such child to the said The Elizabeth W. Murphy School, Inc., provided the said School is willing to receive such child; and when such child shall be surrendered, delivered to and accepted by the said school, it shall be subject to all the rules, regulations and discipline thereof as the same may have been or may hereafter be established by the Directors of the said School.

Section 2. The said The Elizabeth W. Murphy School, Inc., in which any such child shall be placed, and to which it shall be surrendered and delivered, shall have the exclusive custody and control, and all rights of a parent, in, to and over such child and its services during the term for which such child shall be surrendered and delivered, not exceeding the minority of such child, and the said school shall assume all the duties, liabilities and responsibilities of a parent; Provided However, that the said school shall have the right and authority to discharge any such child at any time, if for any reason the directors of the said school shall deem such discharge for the interest of the said school, or for the interest of such child or for the interest of the other children under the charge of the said school. If at any time, after a child is placed under the charge and control of said school, the Father, Mother, Brother, Sister or other near relative of the said child shall make written application to the said school for the discharge of such child, stating the reasons therefor, and such application be refused, the applicant shall have a right to appeal to the Chancellor or the Judge of the Superior Court residing in Kent County, and if the Chancellor or Resident Judge, after hearing the facts, shall be of the opinion that there is good and sufficient cause for the release applied for and that it would be for the best interest of the child, an order shall be made accordingly. Upon any discharge being made, immediate notice thereof shall be given, in writing, to the Father, Mother, Brother, Sister or other near relative of the child and thereafter the said school shall have no further rights to, in or over such child and shall be under no further obligations in respect to such child.

Section 3. The surrender of any such child shall be by an instrument in writing, signed and sealed by the parties thereto and duly acknowledged and the age of such child shall therein be stated as correctly as can be ascertained. Any such written instrument, when duly executed and acknowledged, shall be presented within thirty (30) days to the Chancellor of the State, or the Judge of the Superior Court residing in Kent County, for approval, and if approved by the Chancellor or such resident Judge, it shall be admitted as evidence in all Courts of law or equity in this State.

Section 4. No written instrument for the surrender of any such child made under the provisions of this Act shall be subject to assignment or transfer.

Section 5. Nothing in this Act shall be so taken or construed so as to change, alter, amend or repeal any of the pro- visions of Chapter Ninety (90) of the Revised Code of Delaware, of 1915 or any of the acts amendatory thereafter or supplemental thereto in so far as they relate to any organization, institution, individual or corporation of this State, other than the said The Elizabeth W. Murphy School, Inc.

Approved April 7, A. D. 1925.