Ward (law): Difference between revisions
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{{Short description|Person under protection of a legal guardian}} |
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{{Family law}} |
{{Family law}} |
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In [[law]], a '''ward''' is |
In [[law]], a '''ward''' is a [[minor (law)|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". |
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==Overview== |
==Overview== |
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The wardship jurisdiction is an ancient jurisdiction derived from the Crown's duty as ''parens patriae'' to protect his or her |
The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as ''[[parens patriae]]'' ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves.<ref>{{cite journal|last1=Seymour|first1=John|title=Parens Patriae and Wardship Powers: Their Nature and Origins|journal=Oxford Journal of Legal Studies|date=1994|volume=14|issue=2|pages=159–188|jstor=764616|doi=10.1093/ojls/14.2.159}}</ref> In the [[United Kingdom]] and other [[Commonwealth realms]], 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.<ref>Re Y (Minors) [1984] HKLR 204 at 207</ref> However, the [[House of Lords]], in the case of ''Re F (Mental Patient: Sterilisation)'', held that the monarch has no ''parens patriae'' jurisdiction with regard to mentally disabled adults.<ref>{{cite journal|last1=Tomossy|first1=George|last2=Weisstub|first2=David|title=The reform of adult guardianship laws: The case of non-therapeutic experimentation|journal=International Journal of Law and Psychiatry|date=1997|volume=20|issue=1|pages=113–139|doi=10.1016/S0160-2527(96)00026-X|pmid=9130018}}</ref> A [[court]] 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'''. |
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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'''.<ref>{{cite web |author=Judicial Office |url=http://www.judiciary.gov.uk/glossary.htm |title=Judiciary.Gov.UK |publisher=Judiciary.Gov.UK |date |
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'''.<ref>{{cite web |author=Judicial Office |url=http://www.judiciary.gov.uk/glossary.htm |title=Judiciary.Gov.UK |publisher=Judiciary.Gov.UK |access-date=2014-05-06 |url-status=dead |archive-url=https://web.archive.org/web/20140507030336/http://www.judiciary.gov.uk/glossary.htm |archive-date=2014-05-07 }}</ref> In Canada, the legal term is [[Foster care in Canada|permanent ward]], except in Ontario, which uses the term [[Crown ward]].<ref>[http://osap.gov.on.ca/eng/not_secure/0607/define0607.htm Ontario.Gov] {{webarchive |url=https://web.archive.org/web/20090701123224/http://osap.gov.on.ca/eng/not_secure/0607/define0607.htm |date=July 1, 2009 }}</ref> |
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==Foster care== |
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Children who are in the custody of government departments, also known as [[foster care]], become wards of the respective government entity, and in the US wards of the states in which they reside. The government or state is ''[[in loco parentis]]'' to the child, which generally entails assuming all |
Children who are in the custody of government departments, also known as [[foster care]], 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]]'' 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.<ref>{{cite web|last1=Hannon|first1=Celia|last2=Wood|first2=Claudia|last3=Bazalgette|first3=Louise|title=In loco parentis|url=http://dera.ioe.ac.uk/23208/|website=Institute of Education|publisher=Digital Education Resource Archive|access-date=20 December 2017|date=23 June 2015}}</ref><ref>[http://www.fafsa.ed.gov/fotw1011/help/ffdef14.htm FAFSA] {{webarchive |url=https://web.archive.org/web/20100110001103/http://www.fafsa.ed.gov/fotw1011/help/ffdef14.htm |date=January 10, 2010 }}</ref> |
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==Canada== |
==Canada== |
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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.<ref>{{cite web|url=http://indigenousfoundations.arts.ubc.ca/?id=1058 |title=Indian Status |publisher=Indigenousfoundations.arts.ubc.ca |date=2011-11-01 |access-date=2014-05-06}}</ref> |
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==France== |
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<!-- "Ward of the State (France)" redirects here. "Pupille de l'État" redirects here. --> |
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{{hatnote|This section is about the status of a minor child under the care of the French state. For the special French civil status for those whose parents were lost or maimed in war, see [[Ward of the Nation]].}} |
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In France, a ward of the State ('''{{lang|fr|pupille de l'État}}''') is a [[minor child|minor]] who is under the responsibility of the State. |
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These wards could be the result of any of: [[anonymous birth]] ("{{lang|fr|né sous X}}"), found abandoned, unregistered children, children assigned by a court to the care of the {{ill|Child Social Welfare Service|fr|Aide sociale à l'enfance|v=sup}} (ASE), or minor orphans who suddenly find themselves without parents for whatever reason. |
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Children recognized as wards of the state are eligible for adoption, and continue to be wards until they are.<ref>{{cite web |language=fr |title=Placement d'un enfant pupille de l'État |trans-title=Placement of a ward of the state |url=https://www.service-public.fr/particuliers/vosdroits/F2065 |website=service-public.fr |date=2017-06-28 |access-date=2021-02-22}}</ref> Legal status of wards of the state in France are covered by law 224-4 of the {{ill|Social Action and Family Code|fr|Code de l'action sociale et des familles|v=sup}}.<ref>{{cite web |language=fr |title=Article L. 224-4 du Code de l'action sociale et des familles sur Légifrance |trans-title=Article L. 224-4 of the Social and Family Code |url=https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032207612/2021-02-22 |access-date=2021-02-22}}</ref> |
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==United States== |
==United States== |
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In the Supreme Court case ''[[Cherokee Nation v. 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 US government because of their status as a dependent nation.<ref>{{cite book |last=Wilkinson |first=C |title=American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy |publisher=Yale University Press |year=1998}}</ref> |
In the 1831 Supreme Court case ''[[Cherokee Nation v. 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 US government because of their status as a dependent nation.<ref>{{cite book |last=Wilkinson |first=C |title=American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy |publisher=Yale University Press |year=1998}}</ref> |
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The [[Indian Appropriations Act]] 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.<ref>{{cite web |title= Key Events in the Presidency of Ulysses S. Grant |url= http://millercenter.org/president/keyevents/grant |publisher= University of Virginia | |
The [[Indian Appropriations Act]] 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.<ref>{{cite web |title= Key Events in the Presidency of Ulysses S. Grant |url= http://millercenter.org/president/keyevents/grant |publisher= University of Virginia |access-date= 2012-06-17 |url-status= dead |archive-url= https://web.archive.org/web/20120508083336/http://millercenter.org/president/keyevents/grant |archive-date= 2012-05-08 }}</ref> |
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In [[California]], a [[juvenile offender]] may be ordered to be a ward of a [[Superior Court of California|court]] if such juvenile |
In [[California]], a [[juvenile offender]] may be ordered to be a ward of a [[Superior Court of California|court]] if such juvenile violated any state law,<ref>{{Cite web|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=602&lawCode=WIC|title=Law section|website=leginfo.legislature.ca.gov|access-date=2020-02-10}}</ref> curfew, or from excessive truancies<ref>{{Cite web|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=601&lawCode=WIC|title=Law section|website=leginfo.legislature.ca.gov|access-date=2020-02-10}}</ref> since the [[Juvenile delinquency|juvenile]] [[criminal justice]] system in California is geared toward [[Rehabilitation (penology)|rehabilitation]] instead of [[Criminal punishment|punishment]].<ref>{{cite web |title= California Welfare and Institutions Code Section 202 |url= http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=202. |publisher= [[California Office of Legislative Counsel]] |access-date= 2018-09-30 }}</ref> |
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==See also== |
==See also== |
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==References== |
==References== |
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{{Reflist}} |
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{{Authority control}} |
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{{DEFAULTSORT:Ward (Law)}} |
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[[Category:Family law]] |
[[Category:Family law]] |
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[[Category:Common law legal terminology]] |
[[Category:Common law legal terminology]] |
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[[sv:Myndling]] |
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Latest revision as of 06:47, 23 April 2024
| Family law |
|---|
| Family |
In law, 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
[edit]The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as parens patriae ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves.[1] In the United Kingdom and other Commonwealth realms, 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.[2] However, the House of Lords, in the case of Re F (Mental Patient: Sterilisation), held that the monarch has no parens patriae jurisdiction with regard to mentally disabled adults.[3] A court 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.[4] In Canada, the legal term is permanent ward, except in Ontario, which uses the term Crown ward.[5]
Foster care
[edit]Children who are in the custody of government departments, also known as foster care, 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 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.[6][7]
Canada
[edit]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.[8]
France
[edit]In France, a ward of the State (pupille de l'État) is a minor who is under the responsibility of the State.
These wards could be the result of any of: anonymous birth ("né sous X"), found abandoned, unregistered children, children assigned by a court to the care of the Child Social Welfare Service [fr] (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.[9] Legal status of wards of the state in France are covered by law 224-4 of the Social Action and Family Code [fr].[10]
United States
[edit]In the 1831 Supreme Court case Cherokee Nation v. 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 US government because of their status as a dependent nation.[11]
The Indian Appropriations Act 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.[12]
In California, a juvenile offender may be ordered to be a ward of a court if such juvenile violated any state law,[13] curfew, or from excessive truancies[14] since the juvenile criminal justice system in California is geared toward rehabilitation instead of punishment.[15]
See also
[edit]- Charge (youth)
- Godchild
- Court of Wards and Liveries
- Government involvement in the Terri Schiavo case
- History of the English fiscal system
- Proof of age inquisition
- Tenant-in-chief - relating to medieval feudal wardships
References
[edit]- ^ Seymour, John (1994). "Parens Patriae and Wardship Powers: Their Nature and Origins". Oxford Journal of Legal Studies. 14 (2): 159–188. doi:10.1093/ojls/14.2.159. JSTOR 764616.
- ^ Re Y (Minors) [1984] HKLR 204 at 207
- ^ Tomossy, George; Weisstub, David (1997). "The reform of adult guardianship laws: The case of non-therapeutic experimentation". International Journal of Law and Psychiatry. 20 (1): 113–139. doi:10.1016/S0160-2527(96)00026-X. PMID 9130018.
- ^ Judicial Office. "Judiciary.Gov.UK". Judiciary.Gov.UK. Archived from the original on 2014-05-07. Retrieved 2014-05-06.
- ^ Ontario.Gov Archived July 1, 2009, at the Wayback Machine
- ^ Hannon, Celia; Wood, Claudia; Bazalgette, Louise (23 June 2015). "In loco parentis". Institute of Education. Digital Education Resource Archive. Retrieved 20 December 2017.
- ^ FAFSA Archived January 10, 2010, at the Wayback Machine
- ^ "Indian Status". Indigenousfoundations.arts.ubc.ca. 2011-11-01. Retrieved 2014-05-06.
- ^ "Placement d'un enfant pupille de l'État" [Placement of a ward of the state]. service-public.fr (in French). 2017-06-28. Retrieved 2021-02-22.
- ^ "Article L. 224-4 du Code de l'action sociale et des familles sur Légifrance" [Article L. 224-4 of the Social and Family Code] (in French). Retrieved 2021-02-22.
- ^ Wilkinson, C (1998). American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy. Yale University Press.
- ^ "Key Events in the Presidency of Ulysses S. Grant". University of Virginia. Archived from the original on 2012-05-08. Retrieved 2012-06-17.
- ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2020-02-10.
- ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2020-02-10.
- ^ "California Welfare and Institutions Code Section 202". California Office of Legislative Counsel. Retrieved 2018-09-30.
