Ward (law)

Family law
Marriage and similar status
Marriage Types of marriages Prenuptial agreement Cohabitation Civil union Domestic partnership
Dissolution of marriage
Divorce Annulment Alimony Void and Voidable marriage Separation Parenting plan Residence (ENG) Parental rights Parenting coordinator (USA)
Parent legal
Paternity Legitimacy Child custody Legal guardian Adoption Child support Contact & Visitation Grandparent visitation
Child legal
U.N. Rights of the Child Children's rights Emancipation Foster care Ward Parental child abduction
Conflict of laws
Conflict of laws Divorce Marriage Nullity International child abduction Hague Convention (child abduction)
Related areas
Family Adultery Paternity fraud Bigamy CAFCASS (ENG) CPS (USA) Child abuse Domestic violence Incest Child-selling

In law, a ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state.

In the United States, Australia and New Zealand, 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 Crown ward.

When children enter into the custody of Children and Youth Services, also known as foster care, they become wards of various government entities depending on the country.

In the U.S. they become wards of the respective states in which they reside. The state via the family court stands in loco parentis to the child. Generally this entails assuming all lawful authority to make medical and legal decisions on the child's behalf.

United States

In the United States, the Supreme Court case Cherokee Nation vs Georgia 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 U.S. government because of their status as a domestic foreign nation.Wilkinson, C (1998). "American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy". Yale University Press. </ref>

The Indian Appropriations Act was passed on March 3, 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.

Canada

In Canada, to this day, people of Native American status 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.^{[citation needed]}

See also

• Charge (youth)
• Godchild
• Court of Wards and Liveries
• Government involvement in the Terri Schiavo case
• History of the English fiscal system