Ex Parte Label

• Decision Date: 02 December 1941
• Docket Number: No. 26029.,26029.
• Citation: 156 S.W.2d 37
• Parties: Ex parte LABEL.
• Court: Missouri Court of Appeals

156 S.W.2d 37

Ex parte LABEL.

No. 26029.

St. Louis Court of Appeals. Missouri.

December 2, 1941.

"Not to be reported in State Reports."

Original habeas corpus proceeding by Charles Label for the custody of Charles Robert Label, a child now in the custody of his maternal grandparents.

Child remanded to the care and custody of his maternal grandparents.

Maurice L. Mushlin and Martin Rossen, both of St. Louis, for petitioner.

Gilbert Weiss, of St. Louis, for respondents.

HUGHES, Presiding Judge.

This is a habeas corpus proceeding instituted by Charles Label the putative father of Charles Robert Label, an illegitimate child now in the custody of his maternal grandparents, Patrick and Johanna Sullivan.

Charles Robert Label, who is now five years of age, lived with his putative father Charles Label and his two sisters prior to August 10, 1939. Shortly before that date Charles Label and his sisters, not desiring the further custody of the infant, made inquiry with a view of finding a home for him and as a result of this inquiry proceedings were instituted in the juvenile division of the circuit court. The petition in the juvenile court was sworn to and filed on June 9, 1939, by Frank X. Reller, Probation Officer, in which it is alleged that Charles Robert Label is a made, aged three years, residing in the City of St. Louis, is a neglected child within the meaning of the statutes in such case made and provided in this to-wit: That he is neglected by his parents who have failed to provide properly for him, and praying that the court inquire into the condition of said child and make such order in the premises as may appear to be just and proper for the best interest of the child. Thereafter, on August 10, 1939, a hearing was had in the juvenile court, and the following judgment was rendered to-wit:

"Now at this day this cause coming on for hearing, come the defendant in his own proper person, and this cause is submitted to the Court upon the petition, evidence and proof adduced, and the Court having heard and duly considered the same, and being fully advised in the premises, doth find that the defendant is under the age of seventeen (17) years and is a neglected child within the meaning of the statute, in this, to-wit:

"He is neglected by his parents who have failed to provide properly for him.

"Wherefore, it is considered, and adjudged and decreed by the Court that the defendant be and he is hereby committed to the Catholic Charities of St. Louis, there to remain until the further order of this Court or until discharged by due process of law; and that the defendant pay the costs of this prosecution for which let execution issue."

In accordance with the judgment the custody of the child was committed to the Catholic Charities of St. Louis, and by a subsequent order the custody was given to the maternal grandparents.

The gist of petitioner's complaint is that neither the information filed by the probation officer nor the judgment of the juvenile court are sufficient to show jurisdiction in the juvenile court.

First, was the information sufficient to vest jurisdiction in the juvenile court? The juvenile court statute (Art. 9, Chap. 56, R.S. 1939) by its terms is to be liberally construed to the end that its purposes may be carried out, and while its provisions cannot be held to sanction a construction enlarging the jurisdiction beyond what the legislature intended and expressly stated, yet the same strictness of procedure should not be and is not required as in an information under the criminal laws. The information is not required to be filed by one learned in the law, as is necessary in a criminal information, but it may be filed by any reputable person having either knowledge or information of a child who appears to be neglected. Sec. 9675, R.S. 1939.

The information in this case charged that the infant was "neglected within the meaning of the statute in such case made and provided in this to-wit: That he is neglected by his parents who have failed...