Inlaw, award is aminor or incapacitated adult placed under the protection of alegal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court".
The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty asparens patriae ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves.[1] In theUnited Kingdom and otherCommonwealth realms, the monarch asparens patriae is parent for all the children in their realms, who, if a judge so determines, can become wards of court.[2] However, theHouse of Lords, in the case ofRe F (Mental Patient: Sterilisation), held that the monarch has noparens patriae jurisdiction with regard to mentally disabled adults.[3] Acourt may take responsibility for the legal protection of an incapacitated person as well a minor, and the ward is known as award of the court or award of the state.
In Australia, New Zealand, and the United States, the child is termed award of the court. In Ireland and the United Kingdom, "the" is not used; the ward is thus termed award of court.[4] In Canada, the legal term ispermanent ward, except in Ontario, which uses the termCrown ward.[5]
Children who are in the custody of government departments, also known asfoster 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 isin 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]
Theindigenous peoples in Canada remain wards of the Crown as a result ofIndian 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]
In France, a ward of the State (pupille de l'État) is aminor 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 theChild 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 theSocial Action and Family Code [fr].[10]
In the 1831 Supreme Court caseCherokee 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]
TheIndian 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]
InCalifornia, ajuvenile offender may be ordered to be a ward of acourt if such juvenile violated any state law,[13] curfew, or from excessive truancies[14] since thejuvenilecriminal justice system in California is geared towardrehabilitation instead ofpunishment.[15]