Throughout the course of history, millions of children have been sold into slavery in order for their family to survive, repay debts or for crimes. Although the term “child slavery” has a horrible connotation and stigma attached, the placement of a child into a slave camp or manual labor position may have actually given the child a better life that what they previously experienced with their family.

This statement is of course broad, for in the majority of instances, child slavery is one of the most condemned, despicable, inhumane and deadliest actions undertaken.

In the majority of slavery institutions throughout the world, those children who were slaves became real property of their underlying master. This was the case with, for instance, the American slave; all children born to slaves or taken as slaves would become imminent property of their slave owner; in this relationship, the owner possesses complete control over the slave. As a result of this basic relationship, child slavery, much like generic slavery, stripped an individual of their basic human rights. 

In most slave states, the status of the mother determined if a child was a slave; that being said, some nations, due to the differentiating slave laws used the father’s status to determine placement of the child. Furthermore, in many cultures (it is important to observe that child slavery laws were different in a legal and cultural sense), slaves could earn their freedom through hard work or buying their own freedom. 

With the abolition of slavery (throughout the majority of the world), child slavery has greatly reduced; however, the phenomenon is still present, especially in Third World countries. Although there is no longer any country or state which legally recognizes child slavery, the abolition of slavery does not mean child slavery ceases to exist.

Currently, according to the Anti-Slavery Society, there are millions of people throughout the world—mostly children—who live in conditions of virtual slavery and forms of servitude, which are in many respects similar to slavery. 

Statistics on child slavery are somewhat ambiguous because the term is loaded. For example, over the past decade, trafficking of children—including the recruitment, obtainment and transportation of children by force of fraud for the purpose of subjecting them to involuntary acts—is regarded as a form of child slavery to some professionals and simply a separate subject to others. 

 

 

 

How a guardianship arrangement is declared, according to Indiana guardianship laws.

 

 

IN guardianship law allows for a capable adult to act as a caretaker for any individual that is disabled or substantially unable to care for themselves, including children.  These people that are eligible are collectively known as a “protected person,” though the distinction as a protected person can be challenged under IN guardianship law.  Indiana guardianship laws note that the arrangement in question is not absolute and the potential beneficiary can assert their ability to control certain aspects of their life.  This enables them to ensure that they have some control over their lifestyle, under Indiana guardianship laws.  All decision-making is left to the guardian, unless otherwise noted with the IN guardianship law relationship is determined.

 

 

Can an able-bodied person be subject to guardianship under Indiana guardianship laws?

 

 

Yes, those that are of unsound mind can be assigned a guardian under IN guardianship law.  This includes those that cannot manage their money to support themselves, though there is another arrangement that deals specifically with only the financial needs of the protected person.  The financial obligations and management can be assigned to the guardian under Indiana guardianship laws, but it is also likely a conservator can be assigned to handle the finances while the guardian deals with daily life.

 

 

What is considered in assigning guardianship under Indiana guardianship laws?

 

 

There are some factors in play when determining if an individual is disabled and therefore unable to take care of themselves substantially.  The court notes age, mental illness, the effects of an accident and developmental disabilities from birth as factors that contribute to the need for an IN guardianship law relationship.  The protected person must be able to behave and control their life as a rational adult in order to ensure that they can avoid a relationship under IN guardianship law.

 

 

Can control of an estate be granted under Indiana guardianship laws?

 

 

Though it is not common, control of an estate and its management might be assigned under IN guardianship law.  It is more likely however, that a conservator will manage the estate and finances, possibly with the advice and consent of the guardian under IN guardianship law.

 

 

What powers are granted to the guardian under IN guardianship law?

 

 

Though each guardianship arrangement under IN guardianship law will differ with provisions assigned by the court, the general arrangement for guardianship will include control over medical treatment and decisions to provide a certain level of care.  The guardian might be assigned the power to accrue debt and borrow on behalf of the protected person, with limitations and scrutiny from the court, under IN guardianship law.  The responsibility granted will depend heavily on the prior relationship with the protected person, meaning that siblings, parents and children have more rights and responsible than friends and attorneys appointed under Indiana guardianship law.

 

 

Where is the IN guardianship law located?

 

 

You will find the Indiana guardianship laws pertaining to these arrangements in Indiana Code 29 Article 3.

 

 

 

 

What is Washington Guardianship?

 

 

Washington guardianship refers to the greatest protection for the affairs and estates of incapacitated persons in the state of Washington. To achieve this status, you must apply to the Certified Professional Guardian Board; this board adopts and implements regulations concerning minimum standards of practice, certification, discipline of professional Washington guardianship and training. 

 

 

What are the Duties of Washington Guardianship?

 

 

A Washington guardianship is appointed by the state Superior Court to act for an individual whom the superior court finds to be incapacitated. The specific court may appoint a Washington guardian of the individual, a guardian of the estate or a Washington guardianship of the individual and the estate, depending on the capabilities and needs of the incapacitated individual. In most cases, a Washington guardianship is held responsible for the incapacitated individual’s “custody, care and control” while considering the particular preferences of the subject. A WA guardianship of the estate and/or the incapacitated person is limited in any manner that the state court believes to be just and appropriate. In these instances, the powers of the Washington guardianship is limited to those specified in the court order and the limitations are made tangible through the Letters of the WA Guardianship issued by the Clerk of the Court. 

 

 

What are the Steps to Become a Washington Guardianship?

 

 

1. The first step to applying for WA guardianships is paying your application fee. To have your application for Washington guardianship be considered for certification you must pay $110 to the Washington courts. Electronic payment is always preferred. When you complete the online application, you will be taken to the payment page. If you opt to pay by mail, you must make the checks payable to the Administrative Office of the Washington Courts and mail your check to: 

 

 

Certified Professional Guardian Program

 

Administrative Office of the Courts

 

P.O. Box 41172

 

Olympia, WA 98504-1172

 

 

2. All applicants for Washington Guardianships must have their background checked. After submitting your application, a fingerprint card will be sent to you from the Administrative Office of the Courts. After receiving the card, fill-it out carefully. Provide all necessary information and take the card to your local sheriff’s department (or police department) and get fingerprinted. After getting fingerprinted, mail the card to the following address:

 

 

Administrative Office of the Courts

 

ATTN: Certified Professional Guardian Board 

 

1206 S. Quince

 

P.O. Box 41170 

 

Olympia, WA 98504-1170

 

 

3. Complete Mandatory Initial Certification Training: All individuals of agencies who seek to be certified as a Washington guardianship must complete the University of Washington Extension Office Guardianship Certificate Program as a mandatory training program. This program is a nine-month training session which consists of three subjects/courses: 56 classroom sessions offered in a four two-day setting at the UW Education Outreach Bellevue facility and 44 hours of online distance learning. 

 

 

4. Complete the Washington Guardianship Application: (Click here)

 

 

To qualify for a Washington Guardianship, an application must meet the following requirements:

 

 

• WA Guardianship Law: Be at least 18 years of age

 

• WA Guardianship Law: Be of sound mind

 

• WA Guardianship Law: Have a clean criminal record (no misdemeanor or felony convictions)

 

• WA Guardianship Law: Possess an associate’s degree from an accredited academic institution and at least four years’ experience working in a field pertinent to the provision of guardianship caretaking. A baccalaureate degree from an institution and at least two years’ experience working in a similar discipline is also sufficient for a WA guardianship. The experiences—according to WA guardianship law–must portray decision-making experiences or the use of independent judgment on the behalf of others in the area of financial, social services, healthcare or legal disciplines pertinent to the guardianship role

 

 

 

The Basics of Maryland Guardianship

 

 

What is Guardianship Law? And why is it necessary to have a guardianship process and application?

 

 

It’s a fact that some individuals are not capable of making their own decisions in society. And without a doubt a guardianship process and application are necessary. Here are a few examples:

 

 

1. Children

 

2. Mentally Disabled

 

3. Elderly

 

 

Essentially anyone who isn’t ‘mentally’ capable. By Guardianship law, such individuals are called wards.

 

 

Guardianship Law talks about the process to make it possible for those, who aren’t capable, to be represented well both legally and practically. Then there’s the question: “who is eligible for guardianship and who is not?”

 

 

Who Can Be an Eligible Throughout the Guardianship Process and Application?

 

 

Who is eligible for guardianship and who is not anyway? There are priorities to figure out who is eligible for guardianship and who is not:

 

 

1. Ward Designation

 

2. Blood Relatives

 

3. Any Other Individual With a Particular Interest

 

 

It goes down that line, basically, when trying to figure out who is eligible for guardianship and who is not. Although in a court of law, when it comes to Maryland guardianship, sometimes an individual with a higher priority – such as a blood relative – might be passed over for another individual underneath – not a blood relative – if good cause is shown. That’s a major part of the guardianship process and application

 

 

An example of figuring out who is eligible for guardianship and who is not will be a blood relative being a danger to a child, mentally disabled person, or an elderly person. A lot of times Maryland guardianship deals with those issues.

 

 

The Process for Maryland Guardianship

 

 

The first step when it comes to Guardianship Law is a petition must be filed with the circuit court in Maryland. Part of the guardianship process and application is that the circuit court has to be located in the county which the alleged ‘disabled’ person or child resides.

 

 

A petition for Maryland guardianship will require these pieces of information:

 

 

1. The Petitioner’s Name

 

2. The Petitioner’s Address

 

3. The Petitioner’s Telephone Number

 

4. The Petitioner’s Date of Birth

 

5. The Petitioner’s Relationship to the Ward

 

 

Obviously, with Guardianship law, these pieces of information should also be included in a petition:

 

 

1. The Ward’s Name

 

2. The Ward’s Address

 

3. The Ward’s Gender

 

4. The Ward’s Age

 

 

Guardianship law requirements would also include verified certificates from two physicians when it involves a mentally disabled ward.

 

 

Also a list of potential heirs for the ward in the event that the ward dies for any reason would be provided, especially if there’s no Last Will and Testament written it up. The name and address of the attorney representing a ward as well would be provided in the petition.

 

 

After the Petition Is Filed….

 

 

Upon the filing of the petition, you’ll see the court signing an Order to respond in 20 days. The ward, the attorney (if available), and any other interested persons or agencies associated with the ward, will receive that Order.

 

 

Once the response has been filed, a court date will be set up to hear the details of the guardianship case. All interested individuals will be present in the court. Typically, the judge decides on the petition; however, thanks to the Maryland Rules of Procedure, a jury trial is provided as a right unless waived.

 

 

Legal Importance

 

 

Guardianship is important. All the correct steps need to be taken simply because it involves a person who isn’t able to make any of the decisions.

 

 

How else would that person survive? That’s the basis behind legal guardianship.

 

 

 

 

The Basics of Wisconsin Guardianship

 

 

It’s important to know what guardianship is, and why Guardianship Law is crucial to understanding it.

 

 

For starters, the concept of ‘guardianship’ is such that a person appointed by a court of law to have ‘custody’ of someone known as a “ward” of the court. That person is designated as a “guardian.” The guardian holds all the rights to the “ward” – physical custody, legal custody, everything.

 

 

In the state of Wisconsin, Guardianship Law is a serious issue separated into four different types:

 

 

1. Wisconsin Guardianship of Incompetent Person

 

2. Wisconsin Guardianship of Minor

 

3. Temporary Wisconsin Guardianship

 

4. Protective Placement

 

 

There’s the question of who is eligible for guardianship and who is not. Understanding all of these will help anyone determine which type of Wisconsin guardianship is best and who is eligible for guardianship and who is not.

 

 

Guardianship of Incompetent Person

 

 

Wisconsin guardianship of an incompetent person involves an individual over 18 who has a developmental disability either by recommendation of a doctor or by medical history. The guardianship process and application is such that all the correct documents and application must be provided.

 

 

Part of the guardianship process and application is that the prospective guardian may need to hire a qualified attorney to present the issue in court, and a Guardian ad Litem must be hired for the incompetent person, representing that person in a court of law.

 

 

Guardianship of Minor

 

 

Guardianship Law permits that all individuals under the age of 18 with no current guardianship – parents, relatives, etc. etc. – be able to acquire guardianship as long as someone suitable is provided – either by the court or by choice. That’s a major part of the guardianship process and application.

 

 

The same rules for the guardianship process and application apply here when it comes to Guardianship Law as they do with Guardianship of an incompetent person. A Guardian ad Litem also has to be hired for the purpose of representation in this part of the guardianship process and application.

 

 

Temporary Guardianship

 

 

There’s an easy answer to the question of who is eligible for guardianship and who is not when it involves temporary guardianship.

 

 

Guardianship Law also makes it possible for guardianship to be imposed immediately. This is usually utilized in conjunction with permanent guardianship in any fashion.

 

 

It’s temporary for that simple fact that it’s in process of the procedure to legitimize a guardian. As always, a Guardian ad Litem is hired, but only on a temporary basis. Typically, that temporary guardianship expires after 60 days unless an extension for another 60 days has been ordered.

 

 

Temporary guardianship can apply to any age, any demographic. Determining who is eligible for guardianship and who is not is relatively simple.

 

 

Protective Placement

 

 

This is a more severe form of guardianship in the sense that the “ward” not only waives rights to a guardian, but also must reside in certain facilities for the purposes of care and custody. Who is eligible for guardianship and who is not is never a question. Common examples would be a mental institution or a correctional facility.

 

 

Typically, this is a type of guardianship usually required by statute when concerning adults. Children usually don’t require protective placement.

 

 

The Process of Applying for Guardianship

 

 

The Probate Office in the county you reside in for Wisconsin would be the first step. Simply fill the correct application and deliver it to the office. You’ll get a response with a court hearing and date, which you’ll show up for to determine the case of guardianship accordingly.

 

 

 

 

Quick Guide to Georgia Guardianships

 

 

Georgia Guardianship Law

 

 

The majority of Georgia guardianship laws are provided under Title 29 Guardian and Ward of the GA Revised Code.  Section 29-2-1 provides that a Georgia guardianship can be defined as: 

 

 

1. a natural guardian 

 

 

2. a testamentary guardian (one without “custody” but with decisions on upbringing)

 

 

3. a temporary guardian 

 

 

4. a standby guardian (when legal parent is incapacitated and gives rights to another person)

 

 

5. permanent guardian

 

 

Georgia guardianships are granted by the local probate courts, and a permanent guardianship may be offered when the minor has no living parents or the legal rights of the parents have been removed by the court.  A temporary Georgia guardianship is granted when the legal guardian of the child needs a guardian for a particular reason.  When the child is a minor, the temporary guardian has the same rights of a natural guardian, and these rights include medical treatment and decisions in school.  

 

 

How to Qualify for Georgia Guardianship Rights

 

 

Georgia guardianships require initial qualifying factors and specific steps.  The state will normally give preference to relatives and caseworkers of the court before another guardian, but the state will never give preference to a person with a criminal background or a person with weak financial history.  

 

 

The steps listed below are general steps, and you should always consult with your local probate court and hire a family law attorney if you’re trying to qualify for Georgia guardianships: 

 

 

Step 1 File the Appropriate Forms

 

 

You need to submit a petition with the court before you take any other steps.  These petitions usually have you list why you should have Georgia guardianship rights, why your supervision is best for the child, financial information, and more.  

 

 

Pay the Fees and Undergo an Investigation

 

 

You will have to pay various filing fees and attorneys’ fees in most cases.  After you have submitted all of the necessary fees, the probate will conduct a criminal background check on the potential guardian.  These investigations are usually performed by caseworkers, social work professional, and personal care facility administrators and you will be asked a large amount of information.  

 

 

These investigations will examine your placement plan, your financial history, your ability to work with the ward, and whether this place is preferable to other Georgia guardianships.  

 

 

Undergo the Necessary Training

 

 

While or after the court is determining eligibility, probate courts in the state of GA will make all guardians view a training video and read a handbook prepared by the judges and administrations.  

 

 

If the court has determined the Georgia guardianship is in the best interests of the ward, a judge will assign specific responsibilities to the guardian.  If a minor turns 18, marries, or graduates from high school, the courts will usually terminate Georgia guardianships unless the guardianship is permanent.  

 

 

 

 

Quick Guide to North Carolina Guardianships

 

 

NC guardianship law

 

 

The majority of North Carolina guardianship laws are located under Chapter 35A of the NC Statutes.  The chapter provides procedures for the guardianship of incapacitated adults, minors, and for the estate.  You can complete listing of NC guardianship law at the following link. 

 

 

The North Carolina Guardianship Association is also a great resource for information associated with general guardianships.  Most of the information in this article can be found under the NCGA as well.  

 

 

Establishing North Carolina Guardianship

 

 

The state will normally give preference to relatives in any type of guardianship—especially concerning a minor.  The court will also give preference to friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  The permission from a parent may occur if the parent is older and the child requires special needs, but there are other situations where guardianship rights can be handed down. 

 

 

The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file in accordance with NC guardianship law, they must take a variety of steps.  Some general steps are provided in the next section.  

 

 

Filing for North Carolina Guardianship

 

 

The NCGA provides general steps which are supplemented by this article.  The first step any prospective guardian takes includes filing a petition with the local court and jurisdiction in which the ward resides.  If you need help locating a court, you can visit the official website of the North Carolina Court System and select your county below the image on the homepage.  

 

 

According to NC guardianship law, the clerk of the court will receive the completed petition and decide if the person is incapacitated enough to receive a guardianship.  If the clerk decides North Carolina guardianship is necessary, they may help a guardian litem to help the ward through the proceedings.  

 

 

During the hearing process, the clerk and guardian will usually consult with a social worker and other witnesses to establish the ward’s condition and needs.  After the court has decided upon the guardian, they will make sure the party understands the entirety of NC guardianship law and responsibilities.  Once the hearing is over, the North Carolina guardianship will begin.  

 

 

Responsibilities under NC guardianship law

 

 

The guardian is responsible for all living arrangements of a ward, as well as helping with training, education, employment, or other services the ward may need.  Additionally, the guardian can normally give consent for medical, legal, or psychological services, and they are responsible for the ward’s property.  

 

 

If the legal guardian dies during the North Carolina guardianship, the court will again help to appoint another qualified person.  If there are family members that can still qualify as a valid guardian, the court will usually select a family member.  

 

 

 

 

Quick Guide to Arkansas Guardianships 

 

 

Arkansas Guardianship

 

 

Most laws concerning Arkansas guardianship are located under Title 9 Family Law of the state’s revised code.  For a complete listing of all Arkansas guardianship laws, visit the searchable code under the general assembly.   

 

 

If you are thinking about becoming certified for Arkansas guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Arkansas Guardianships

 

 

Any U.S. citizen in the state of Arkansas can qualify as a guardian except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of state, but a court will consider electing a nonresident if the decision meets the best interests of the court.    

 

 

If the Arkansas guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given to another qualified guardian.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What is the Arkansas Subsidized Guardianship Act?

 

 

Arkansas guardianships under the Subsidized Guardianship Act receive funding—just as in foster care—from the Department of Human Services (DHS).  There are a large number of qualifying factors for these types of Arkansas guardianships, and section 9-8-204 of the state code lists qualifying factors: 

 

 

1. the child has been removed from the custody of their parents because continued care would decrease the welfare of the child

 

 

2. the department is responsible for the placement and care of the child

 

 

3. being returned home or being adopted is not an option for the child

 

 

4. permanent placement within an Arkansas guardianship meets the best interests of the child

 

 

5. the child demonstrates a strong attachment to the guardian and the guardians shows strong commitment to the child

 

 

6. if the child is 14, the child has been consulted regarding Arkansas guardianships

 

 

7. the guardian is qualified to a means-based test

 

 

8. if required, a certain degree or relationship exists between the child and the guardian

 

 

9. the child has special needs

 

 

How do I file for Arkansas Guardianships?

 

 

In order to file for an Arkansas guardianship, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Arkansas guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  The state has a large amount of contact information for local courts at the following link: