law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court".

Overview

The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as ''

parens patriae ''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to ...

'' ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves. In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

and other

Commonwealth realms A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonweal ...

, the Monarch as ''parens patriae'' is parent for all the children in their realms, who, if a judge so determines, can become wards of court. However, the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

, in the case of ''Re F (Mental Patient: Sterilisation)'', held that the Queen has no ''parens patriae'' jurisdiction with regard to mentally disabled adults. A

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

may take responsibility for the legal protection of an incapacitated person as well a minor, and the ward is known as a ward of the court or a ward of the state. In Australia, New Zealand, and the United States, the child is termed a ward of the court. In Ireland and the United Kingdom "the" is not used; the ward is thus termed a ward of court. In Canada the legal term is permanent ward, except in Ontario, which uses the term Crown ward.

Foster care

Children who are in the custody of government departments, also known as

foster care Foster care is a system in which a minor has been placed into a ward, group home ( residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family ...

, become wards of the respective government entity, and in the US they are wards of the states in which they reside. The government or state is ''

in loco parentis The term ''in loco parentis'', Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, ...

'' to the child, which generally entails supporting the child and assuming all legal authority to make medical and legal decisions on the child's behalf.

Canada

The indigenous peoples in Canada remain wards of the Crown as a result of Indian Act legislation. Some scholars and political organizations, such as the Assembly of First Nations, have argued that this represents an apartheid-like system of governance.

France

In France, a ward of the State () is a minor who is under the responsibility of the State. These wards could be the result of any of: anonymous birth (""), found abandoned, unregistered children, children assigned by a court to the care of the (ASE), or minor orphans who suddenly find themselves without parents for whatever reason. Children recognized as wards of the state are eligible for adoption, and continue to be wards until they are. Legal status of wards of the state in France are covered by law 224-4 of the .

United States

In the Supreme Court case ''

Cherokee Nation v. Georgia ''Cherokee Nation v. Georgia'', 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but ...

'', the native peoples were legally made to be wards of the state. One consequence of this was that they were not permitted to sue the US government because of their status as a dependent nation. The

Indian Appropriations Act The Indian Appropriations Act is the name of several acts passed by the United States Congress. A considerable number of acts were passed under the same name throughout the 19th and early 20th centuries, but the most notable landmark acts cons ...

was passed on 3 March 1871, with an amendment ending tribal recognition and the treaty system. All Indians were made wards of the state; thus the U.S. government no longer needed tribal consent in dealing with the tribes. In

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

, a

juvenile offender A young offender is a young person who has been convicted or cautioned for a criminal offense. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term "young offender" ...

may be ordered to be a ward of a

if such juvenile violated any state law, curfew, or from excessive truancies since the juvenile

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

system in California is geared toward rehabilitation instead of punishment.

References