About Wards of the State

Ward of the state is a term that usually refers to children who are under age 18 and retain a legal guardian from the court. In certain situations, adults, or those over age 19, can become wards of the state if they are mentally unable to care for themselves and do not have any family members or other guardians who could care for them.

Function

Because not all biological parents are equipped, capable or motivated to care for children who cannot take care of themselves, the government must step in to pick up the slack where these parents cannot. This occurs for a variety of reasons. Some parents are mentally incapable of caring for children themselves, while some children have problems that require more care and attention than a parent thinks she can give to them. Abuse, neglect and otherwise failing to meet the basic needs of a child may also cause the state to step in and take legal guardianship of a child.

Time Frame

A child is only a ward of the state until his 18th birthday, when he becomes a legal adult. This does not apply, however, to those who are mentally incapable of taking care of themselves, as they may spend their whole lives in state-run facilities.

Considerations

Some states consider wards of the state and wards of the court to refer to the same thing. Some do not, however. In a few states, a ward of the state is a juvenile who is incarcerated, and a ward of the court is a child who resides in a state facility.

Misconceptions

A child who has a foster parent does not qualify as a ward of the state, regardless of whether that parent is biologically related to the child or not. A foster child whose permanent residence is a state facility and who retains no foster parent would be considered a ward of the state, however.

Benefits

Just because a state is granted guardianship of a child doesn't mean that child may never be adopted or retain foster parents. It is quite the opposite. The state welfare agency's hope and goal is to have that child adopted or fostered by a family who can care for her, provide for her and give her the individual attention that the system struggles to provide. Usually, a family decides to foster a ward of the state first, which allows the state to temporarily place the child with foster parents on a "test run." If the arrangement suits both parties, the foster parents will typically be allowed to request to adopt that child, though the adoption process can vary state to state and case by case.