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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 subject, and particularly those unable to look after themselves.<ref>{{cite journal|last1=Seymour|first1=John|title=Journal Article 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 Queen as ''parens patriae'' is mother for all the children in her realms.<ref>Re Y (Minors) [1984] HKLR 204 at 207</ref> 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'''. However, the House of Lords in the case of ''Re F (Mental Patient: Sterilisation)'' held that the Queen has no ''parens patriae'' jurisdiction with regard to mentally handicapped 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}}</ref> |
The wardship jurisdiction is an ancient jurisdiction derived from the Crown's duty as ''parens patriae'' to protect his or her subject, and particularly those unable to look after themselves.<ref>{{cite journal|last1=Seymour|first1=John|title=Journal Article 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 Queen as ''parens patriae'' is mother for all the children in her realms.<ref>Re Y (Minors) [1984] HKLR 204 at 207</ref> 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'''. However, the House of Lords in the case of ''Re F (Mental Patient: Sterilisation)'' held that the Queen has no ''parens patriae'' jurisdiction with regard to mentally handicapped 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}}</ref> |
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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 |
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 |accessdate=2014-05-06 |url-status=dead |archiveurl=https://web.archive.org/web/20140507030336/http://www.judiciary.gov.uk/glossary.htm |archivedate=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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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 lawful 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|accessdate=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> |
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 lawful 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|accessdate=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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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 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 |accessdate= 2012-06-17 | |
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 |accessdate= 2012-06-17 |url-status= dead |archiveurl= https://web.archive.org/web/20120508083336/http://millercenter.org/president/keyevents/grant |archivedate= 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 [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=602&lawCode=WIC violated any state law], [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=601&lawCode=WIC curfew, or from excessive truancies] 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]] |accessdate= 2018-09-30 | |
In [[California]], a [[juvenile offender]] may be ordered to be a ward of a [[Superior Court of California|court]] if such juvenile [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=602&lawCode=WIC violated any state law], [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=601&lawCode=WIC curfew, or from excessive truancies] 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]] |accessdate= 2018-09-30 |url-status= live }}</ref> |
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==See also== |
==See also== |
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Revision as of 04:24, 19 September 2019
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In law, a ward is someone placed under the protection of a legal guardian.[1]
Overview
The wardship jurisdiction is an ancient jurisdiction derived from the Crown's duty as parens patriae to protect his or her subject, and particularly those unable to look after themselves.[2] In the United Kingdom and other Commonwealth realms, the Queen as parens patriae is mother for all the children in her realms.[3] 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. However, the House of Lords in the case of Re F (Mental Patient: Sterilisation) held that the Queen has no parens patriae jurisdiction with regard to mentally handicapped adults.[4]
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.[5] In Canada the legal term is permanent ward, except in Ontario, which uses the term Crown ward.[6]
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 lawful authority to make medical and legal decisions on the child's behalf.[7][8]
Canada
In Canada 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.[9]
United States
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.[10]
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.[11]
In California, a juvenile offender may be ordered to be a ward of a court if such juvenile violated any state law, curfew, or from excessive truancies since the juvenile criminal justice system in California is geared toward rehabilitation instead of punishment.[12]
See also
- 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
- ^ Larson, Aaron (21 August 2016). "What is a Guardianship". ExpertLaw.com. Retrieved 20 December 2017.
- ^ Seymour, John (1994). "Journal Article 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.
- ^ 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.
- ^ 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.
- ^ "California Welfare and Institutions Code Section 202". California Office of Legislative Counsel. Retrieved 2018-09-30.
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