Guardianship of Children by ALICE SCOTTHYATT *

In this country the principle is jirmly established that every ceptions? contains only brief genera1 child needs to have someone legally responsible for him. All references to the subject. In legal the States have made provision in law for the appointment of literature, a summary of important legal guardians for children. In the following article, based on case rulings and State laws is pre- a longer report.1 the Children’s Bureau reports on a study of sented in the article, “Guardian and guardianship policies in selected areas in six States and oglers Wards,” in 39 Corpus Juris Secundum. recommendations designed to serve the States as a basis for set- The recently published (1946) Model ting standards, revising legislation, and improving their service Probate Code, prepared by the re- to children in guardianship. search staff of the University of I&ich- igan Law School in cooperation with a HE Children’s Bureau undertook children are becoming eligible for committee of the American Bar Asso- the study of guardianship with financial benefits under social security ciation, contains a section on guard- T three major objectives in mind. and veterans’ legislation; to ensure ianship. The first was to discover the circum- that payments are used for the chil- stances under which guardianship is dren’s benefit, safeguards are increas- Nature of Guardianship necessary and desirable for children; ingly necessary-especially when the The idea of guardianship is to sup- the second, to ascertain the proce- children are not living in their paren- ply continuous, responsible manage- dures by which guardianship can be tal homes. Of the hundreds of thou- ment for the child who needs it “by provided most effectively for children sands of children now receiving reason of minority.” The statutory who need it; and the third, to deter- monthly benefits from these pro- definition of this phrase is practically mine what judicial and social services grams, an estimated tenth do not the same in all States. It embraces are needed to protect children ade- have a or legal guardian to re- all children below the age of 21 who quately while under guardianship. ceive the payments for them. In have not married or otherwise been lawfully emancipated. most instances the payments are Need For Guardianship made to the persons who happen to In all States the responsibility of be caring for them. And finally, guardianship belongs to in the The idea of the study goes back to public welfare agencies of the States first instance. In all but a few States the pioneering researches done by and of local communities are taking the father and the mother are consid- Sophonisba P. Breckinridge and her more responsibility for children: to ered joint and equal guardians of the students at the University of Chicago clarify public responsibility, greater child born in wedlock and the mother School of Social Service Administra- attention must be given the legal is considered the sole guardian of the tion. Through these earlier studies status of children. child born out of wedlock. and through reports and questions Parental guardianship is called nat- coming direct from States and local These matters-the care of children ural guardianship. Yet it is not an communities, the Children’s Bureau outside parental homes, the protec- absolute right of the parents but a has long been aware of the need for tion of their funds, the assumption trust which must be exercised at all special attention to problems related of public responsibility for them-all times for the child’s benefit. It must to the guardianship of children. frequently involve questions of guard- yield to the child’s interests and wel- ianship. This fact was borne out in fare. And it must confine itself to Problems that have long existed informal discussions with other Fed- have been joined by others growing matters pertaining to his person. eral agencies, particularly those han- If the child acquires , if he out of recent developments. As a re- dling social security and veterans’ sult of war casualties and postwar loses his parents, or if his parents can- benefits, and in exploratory visits to not discharge the functions of guard- disturbances of family life, for exam- several States during the preliminary ple, great numbers of children have stages of the study. 2 Mary Stanton, The Administration Of been separated from their parents, the Law of Guardian and With Spe- The experience of the agencies in cial Reference to Minors. (Doctor’s with consequent increased need for Washington and in the States visited their care and supervision away from thesis, unpublished, Universtty of C?& indicated that the handling of ques- cage.) home. Then, too, more and more tions of guardianship is much handi- Hasseltine Byrd Taylor, Lau, of Guard- capped by lack of first-hand informa- ian and Ward. Chicago: University of *Chief, Special Services Branch, Social Chicago Press, 1935. Service Division, Children’s Bureau. tion concerning guardianship proced- Sophonisba P. Breckinridge, The Family 1 Guardianship: A Way of Fulfilling ures and practices. Though guard- and the State, select documents. Chi- Public Respons(bility to Children, by Ir- ianship is an old subject, it seems that cago: University of Chicago Press, 1934, vine Weissman in association with Laura its study has been generally neglected pp. 282343. Storzenberg, Harry S. Moore, Jr., and Grace Abbott, The Child and the State, Robbie W. Patterson. Children’s Bureau both by social workers and by lawyers. select documents. Chicago: University Publication No. 330, 1949. 203 pp. Social work literature, with few ex- of Chicago Press, 1933. Vol. II.

10 Social Security ianship in accordance with the stand- local jurisdictions in each of six Guardianship of the Person ards of and protection de- States. Many children grow up in a kind manded by society, it becomes the The States selected were Califor- of second-class status because their duty of the State as parens patriae to nia, Connecticut, Florida, Louisiana, parents are dead or incompetent and protect the child by supplying him Michigan, and Missouri. Their selec- no one else is legally authorized to act with a supplementary or substitute tion was influenced by considerations as their personal guardians. form of guardianship. of geographical location, statutory We do not know how many children Every State has recognized this re- provisions for guardianship, the court are growing up under these circum- sponsibility toward its children by having jurisdiction, the area served stances, nor can their numbers be making provisions in law for the ap- by the court, and other factors. estimated. No community has avail- pointment of legal guardians for chil- Local communities within the able any accurate information on the dren. Three plans of legal guardian- States include two probate districts of extent of orphanhood and other con- ship are generally provided by State Connecticut-Hartford and Green- ditions that deprive children of the laws. One extends to the person of wich; two judicial districts of Louisi- natural guardianship of their parents. the child, another to his estate, and a ana-East Baton Rouge and Caddo: And no court has available any com- third to his person and his estate. and two county jurisdictions in each plete statistics on the number of chil- The provision of legal guardian- of four States-Los Angeles and Sac- dren currently under legal guardian- ship is recognized by law to involve ramento in California, Alachua and ship of the person. various types of services to be fur- Duval in Florida, Kent and Muskegon Statistics compiled from court rec- nished by the State to children. The in Michigan, and Cole and Jackson in cords for the year 1945 show that 1,450 State first should determine and des- Missouri. children were supplied p e r s o n a 1 ignate who shall have guardianship Five methods were used in gather- guardians that year by the 12 courts over a particular child; second, it ing information: (1) review of the in the study. These courts serve pop- should make a proper public record laws relating to the guardianship of ulations including nearly 1,350,OOO of the appointment of the guardian minors in each State of the study; (2) children under 21 years of age. Of and maintain that record to show interviews with judges and other court this number, about 142,000 are esti- what happens to the child and his people concerning court organization, mated to live away from home, and property under guardianship; third, policies, and procedures and with law- they possibly need attention with it should oversee and help the guard- yers, public officials, and social work- reference to personal guardianship. ian serve the ward’s ers concerning their contacts with the The appointments, therefore, can and welfare; and fourth, it should court in relation to guardianship scarcely be assumed to be meeting in discharge the guardian, by removal cases; (3) observation of the courts at full measure the local needs for per- if necessary, when his services are no work; (4) reading of court records sonal guardians. longer needed or desirable. and statistical study of cases before That they do not do so is indicated Though some of these services are the court for appointment and dis- by the fact that all courts were found administrative in character and charge of guardians during the entire to concern themselves. with the Per- others judicial, practically all States year 1945; and (5) case studies of a sonal guardianship of children only assign to courts the entire job of ren- small number of children under guar- when petitioned to do so. Instances of dering them. There are a number of dianship, by home visits and by read- the courts acting on their own motion reasons for this. Questions about the ing of case records on those children were extremely rare, despite the fact rights and relationships of persons who were known to social agencies. that some of the children for whom are the traditional concern of courts The field work was carried on during the courts were asked to appoint in this country. We hold it incom- the fiscal year ended June 30,1947. guardians of estate were identified as patible with democratic principles Some 4,000 schedules on individual full orphans who had no one legally for one person to exercise power and children were prepared from court responsible for their persons. authority over another’s person or records. Case studies of 6’7 children Another indication that the needs property without the sanction of the under guardianship were made by of children for personal guardianship courts. We have long relied on due home visits and by interviews with are not being met is the fact that, in process of law to secure our individual guardians, wards, and other interested addition to those children who ordi- rights, fix our individual responsibili- persons. narily did not come to the attention ties, and enforce the obligations we of the courts until they chanced to owe one another and society as a Findings acquire estates subject to legal guard- whole. Through the five methods used in ianship, there were other children Plan of Study this study, it was found that legal who did not come to the court’s atten- Because legal guardianship is guardianship procedure is used in- tion until they got into situations in created by court process, it was de- frequently for the protection of chil- which they needed legal consent for cided to focus on courts having the dren. The law does not require that such plans as , medical treat- power of appointing guardians of it be used, and no adequate machinery ment, entry into military service, or children. Practical considerations has been provided for using it effec- . In more than half the ap- dictated limiting the study. to two tively. pointments of personal guardians an

Bulletin, January-February 1950 11 estate guardian was appointed at the Those appointed to give legal consent responsibility for the person of the same time. Of the appointments of ordinarily limited their attention t0 child to accept such estates for the use guardians of the person only, slightly the matter requiring consent, al- of the child without the necessity of a more than three-fourths definitely though in many cases the letters of court appointment as guardian of involved children who needed some guardianship set no limit to their estate. When a child has no one kind of consent from a legal guardian. powers and were not revoked after legally responsible for his person to A basic reason why more children the consent had been given. whom such a small estate can be en- are not supplied personal guardians Relatives were named guardians in trusted, a proceeding for the appoint- by the courts is that no State requires the great majority of cases. Among ment of a guardian of the person the appointment of legal guardians nonrelatives found receiving appoint- rather than of a guardian of the for children who lose the natural ments as personal guardians of chil- estate should be instituted. guardianship of parents through dren were public estate administra- The parent or legal guardian of the death or legal action. As a matter of tors, bank trust ofllcers, attorneys, person who accepts a child’s small fact, existing legislation offers alter- foster parents, and persons whose estate should have full discretion in native methods for transferring re- petitions for adoption of the child the use of the estate in behalf of the sponsibility for children. One per- were before the court. In some in- child, whether it consists of a lump mits parents to relinquish their rights stances social agencies were named sum of money or monthly payments voluntarily through such informal guardians, but generally this action from public assistance, old-age and means as passing the children on to was taken only for the purpose of survivors insurance, or veterans’ ben- others who thereupon become the planning and arranging adoption. eats. If, however, questions arise at guardians in fact by virtue of standing Guardianship of the Estate any time about the competency of in the place of the parents. A more the personal guardian to handle the formal procedure provided by the laws For many children the appoint- estate for the benefit of the child, the of some States involves the signing of ment of a guardian of estate is a matter should be brought into the surrender papers or the designation meaningless, wasteful, and expensive court with jurisdiction over guardi- of a guardian in a deed or a last will procedure that adds nothing to the anship of the person, for such action and testament. These instruments protection he already enjoys. as the court may deem advisable. may not require court approval. Stat- In a great majority of cases, the In fact, the law should give the utes also authorize juvenile courts to appointment adds up to the child’s court of jurisdiction discretion to de- terminate parental rights and assume paying a myriad of legal and court termine the kind of protection that wardship over the children directly charges for the privilege of having would be desirable and suitable for or to transfer the responsibility to his own parent handle his money. Of each estate that is reported. It some agency, institution, or individual the estate guardians appointed dur- should thus be possible for the court by commitment process. ing 1945 by the courts studied, 70 to release to the parent or personal Another reason why more children percent were the parents of the chil- guardian an estate needed for the are not placed under personal guard- dren concerned. current support, maintenance, and ianship is the lack of effective proce- Most estates of children contain no education of a child. If the estate is dure for finding and routinely report- real property or investments requiring too small for other investment and ing children needing personal guard- active administration. Approxi- withdrawals are not necessary for the ianship. Two of the six States in the mately 80 percent of those studied current expenses of the child, it should study were found to place a duty for consisted of cash in the bank, monthly be possible, as suggested by the Model reporting upon certain individuals, in- benefit payments, and similar assets Probate Code, for the court to order cluding in one instance public officials applicable to the current expenses of the estate’s conversion into govern- and in the other relatives of the child. the child. Over 40 percent were ment bonds or a supervised bank ac- But even in these States, practically valued at less than $500, despite the count, without having to appoint a all the petitions were initiated by the fact that most of the States studied guardian of estate. The appointment person who wanted the child. let parents handle small amounts procedure should be reserved for Still another reason is the lack of without being appointed estate estates where management functions provision for finding suitable guard- guardians. Cumulatively, nearly 60 must be discharged. ians and for paying guardians of chil- percent were worth less than $1,000, dren who have no estates that can be nearly 80 percent less than $2,500, The courts Administering drawn upon for the purpose. and nearly 90 percent less than Guardianship Many appointments of guardians $5,000. of person were found to be appoint- The establishment of formal guard- Only certain courts may act for the ments in name only. The guardians ianship over small estates is a costly State in guardianship matters. Al- assumed little actual responsibility. and dubious form of protection for the though variously designated in the Those appointed to care for both the child. Small estates do not lend different States, the most common person and the estate of the child themselves to effective administration name being probate courts, they are- often confined their activities to the through the regular procedures gov- everywhere-those courts or divisions child’s estate, leaving his personal erning guardianship of estates. The to which is also entrusted the admin- welfare to those with whom he lived. law should permit whoever has legal istration of estates of deceased per-

12 Social Security sons. The setting, therefore, is one in Because legal guardianship over a For the court handling guardian- which emphasis is upon property con- child’s person constitutes a substitute ship of estate, recommendations sim- siderations. In most States the court for the parent and child relationship, ilar to those for the court handling organization does not make for the guardian of the person of a child guardianship of person are applicable prompt, ei?icient, and effective guard- should be appointed in a court pro- with respect to physical facilities and ianship service to children, ceeding in which the recognized prin- equipment, observance of safeguards The judges handling child guard- ciples of child protection and family for notice, hearing, and recording, and ianship cases are not required to have welfare are controlling. Jurisdiction provision for a single petition. A a special background for work with should be vested in a local court of proper inventory of the estate should children. Nor are they required to broad jurisdiction. It would be desir- be required before the guardian is ap- specialize in children’s cases, Some able in the more populous areas to pointed. Appraisal of inventoried States do not require them to be law- have a special division of the court property should be optional with the yers. In States where guardianship established, or a specialist judge as- court. jurisdiction rests in a separate pro- signed, to handle all matters affecting bate court, the judge of probate often children, including their legal rights, Appointment and Supervision has less desirable tenure and salary status, and relationship. of Guardians than the judges of other courts hear- Whatever the court structure, it is ing cases in the first instance. essential that there be special compe- Whether appointing guardians of Most courts handling child guard- tence on the part of the judge for the person or guardians of the estate, ianship cases are cluttered with a handling children’s cases. To ensure many courts do not see the child or variety of diverse responsibilities. that such competence is attracted to the guardian. The arrangements are Some serve populations too small to the judgeship, the tenure of office frequently made through attorneys. Provide the necessary volume of busi- should be long enough to warrant spe- The courts as a rule accept the peti- ness to support the court adequately cial preparation, and the salary should tion of the first person who Ales one. and to enable the judge to acquire be large enough to compare favorably Few courts use social agency service sufficient experience and skill in chil- with those of judges in other assign- to inform themselves about the child’s dren’s cases. Others have too large ments. situation and the fitness as personal a volume of business to permit the The court should be provided a suit- guardian of the person desiring ap- judge to individualize cases and give able and dignified courtroom with pointment. Nor is the competence of proper attention to social as well as adequate facilities and equipment to estate guardians formally investi- legal considerations. carry on the court work. The clerical gated. Notice is not always given to Administrative court services are staff should be adequate both in num- persons legitimately interested in the generally inadequate. The clerk’s of- bers and in qualifications. appointment. Ordinarily, in most fice is seriously understaffed at many The guardianship proceeding should States, there is no hearing on the ap- courts. Specialist personnel-such as be available without cost to the child pointment unless a conflict arises. financial investigators, accountants, or the petitioner. It should be possi- The petition is often disposed of the and auditors-are lacking at all but ble, if it is desired, to file a single same day that it is filed. the larger courts. petition in behalf of all the children Practically no follow-up of the child Many courts lack adequate physical of common parents who may need under personal guardianship is made facilities. Some are severely cramped guardianship. The court should han- by the courts unless a petitiqn for the for oflice space and lack suitable and dle guardianship cases in the simple removal of the guardian is presented. dignified courtrooms. Record and fll- and informal tradition of the chil- Except for the requirement of a nom- ing systems are antiquated at most dren’s court. Judicial safeguards of inal bond in three States, the guar- courts. Satisfactory index systems to notice, hearing, and proper recording dian of the person is completely out- identify children’s guardianship cases should surround the consideration of side the superintending control of the are not available. Confidential infor- each petition. court appointing him. He is under no mation in the records is often inade- Jurisdiction over petitions for requirement to submit an accounting quately protected. As a rule, the guardianship of the estate should also of his stewardship at any time. Nor courts do not systematically inform be vested in a local court of broad is he required to submit a formal dis- the public concerning their work. jurisdiction. In the more populous charge procedure. The courts gen- None publishes adequate statistics areas it would be desirable to have a erally maintain no with him that relate to child guardianship special division of the court estab- and, to all practical intents and pur- cases. lished, or a specialist judge assigned, Poses, permit personal guardianship The courts are not accustomed to to handle all estate matters. to be exercised and to lapse at the taking a social approach in handling The court handling guardianship of guardian’s pleasure. guardianship matters. Estate matters estate should be a court of record. It The guardian of estate, on the other usually absorb their time and atten- should be financed by tax funds rather hand, is subject to a number of legal tion. This is often a Anancial neces- than by fees, and the judge and other controls by the court. He must file sity for the courts that depend upon staff should be paid on a salary rather bond, inventory, and periodic ac- fees to meet their pay rolls and other than fee basis. Fee charges should be counts. He must submit for court ap- expenses. kept to a minimum. proval his plans to invest, sell, or dis-

Bulletin, January-February 1950 13 burse the assets of the child’s estate. fare agency. The State welfare de- considerations for establishing service His settlements with the child must partment should give leadership in relations with children. be sanctioned by the court. He must stimulating the development of such Many troublesome guardianship submit to formal court termination of services. problems are encountered by agencies his guardianship. Social service should be adequate in connection with , place- In actual practice, however, the to meet the court’s need for initial ments, the licensing of foster homes, courts are extremely lax in enforcing and follow-up studies and investiga- and the handling of benefit funds these legal requirements. Generally, tion, for finding suitable guardians, made available for children under the smaller the estate, the less the at- for placing the child in temporary agency care. tention from the courts. Since most care until a guardian is appointed, The root of many of these problems children’s estates are small, few re- and for counseling and helping guard- is the lack of an approach to children ceive active supervision from the ians to meet the immediate problems in law and in practice that would in- courts. This is borne out by the rec- presented by the child and to plan tegrate legal and social considerations ords, which disclose many instances in for the future. and provide protection for the chil- which inventories and periodic ac- It would be desirable to require dren’s rights and status at the same counts have not been filed; the bond the court to request that investiga- time that provision is made for their has not been maintained in an tions be made and written reports welfare. amount adequate to cover possible submitted on all petitions for the ap- Agency intake practices do not al- losses resulting from maladministra- pointment of guardians of the per- ways allow for sufllcient inquiry into tion; and investments and expendi- son. If this is not feasible, however, the child’s legal status and the legality tures have been made without advance legislation should be permissive. of guardianship exercised over Ns authorization from the court or sub- The court should be required to personal and property relations to sequent formal approval. Further- request a financial investigation of provide a clear and definite base on more, final settlements b e t w e e n the individual seeking appointment which to rest the agency’s services and guardians and wards often are made as guardian of estate. If the court the child’s adjustments. The resu!t- outside the court and the guardian is does not have a suilicient volume of ant uncertainty as to who has legal discharged without an accounting to business to warrant the employment responsibility for the child often ham- the court. of a special financial investigator, it pers agency planning for the child. Despite the considerable evidence of should be possible to arrange for such Existing legislation defining the the records that guardians had not service from other public agencies or status and legal relations of children complied with the legal requirements from commercial agencies. Selection further makes for confusion in agency governing estate guardianship, there of the guardian of estate should not practice. Special sources of confusion were only a few instances in which the be narrowed to any prescribed order are the absence of definite legal courts removed guardians or otherwise of preference but should be based on requirement that all minors have invoked the penalties provided by law the special competence needed for guardians and the lack of clear dis- for noncompliance. the management of a particular es- tinctions between guardianship and Since guardianship of the person is tate. If, however, the guardian of custody and between juvenile court intended to encompass so many of the the person of a child meets the test wardship and probate guardianship. attributes of the parental relationship, of financial competence, he should Further complications result from the proceeding for the appointment of have preference for appointment as the lack of clarity of juvenile court the guardian should be surrounded by guardian of the child’s estate. orders oommitting children to agen- the social safeguards and services de- Procedures should be prescribed for cies. The commitment orders fre- veloped for the protection of the child maintaining the adequacy of bond, for quently do not state whether parental in other types of substitute parental ensuring the solvency of and rights have been terminated, nor do relationships. the prompt Aling of inventories and they specify what rights are trans- The judge’s discretion in the selec- periodic accounts, and for controlling ferred by the court to the agency re- tion of the guardian should not be investments and disbursements. An- ceiving the children. circumscribed, as it is in some States, nual plans for investment and annual Children voluntarily given up by by any prescribed order of prefer- budgets of expenditures should be their parents to agencies for adoption ence ; rather, the facts adduced in adopted as supervisory devices. A present special problems with respect each case, by social investigation or final accounting and settlement to their guardianship status. The court hearing, should be controlling. should be required as a basis for for- agencies’ right to act for these chil- Provision should be made for periodic mal termination of the guardianship. dren has been challenged in some follow-up of the guardianship to as- places by the courts granting the certain how the child is faring. Social Agencies and Legal adoptions and by various health agen- Local social services should be ex- Problems of Guardianship cies that had been called upon for panded to provide assistance to the Increasingly, the experience of SO- medical services to the children while court with guardianship as well as cial agencies tends to focus attention the adoption was in process. These with other children’s cases. These upon guardianship as a child welfare courts and health agencies have con- services may be established in the problem and to thrust legal questions tended that the voluntary relinquish- court itself or in a local public wel- of guardianship to the forefront of ment agreement does not constitute a

14 Social Security valid basis for agency exercise of such terms as guardianship, ward- guardianship. Emphasis upon such parental guardianship rights. ship, and custody; and to state clearly a preventive use of the proceeding Some agencies have resorted to the specific elements of authority and should have the effect of forestalling guardianship procedure to clarify responsibility inherent in guardian- the tragic consequences of neglect and their legal right to act for children. ship of the person that distinguishes maladjustment that often befall the In general, however, agency use of it from other forms of substitute for child for whom responsibility is trans- guardianship procedure has been in- the parent-and-child relationship. ferred casually. It should have the frequent. In instances, agencies have The legal concept of the child as further effect of reducing the cur- accepted court appointment as legal lacking for independent ac- rently prevalent deferment of guard- guardians of the person, estate, or tion and judgment carries with it a ianship action until a crisis arises in both, of children already in agency legal obligation to supply him a me- the life of the child that involves the care. There is some feeling, however, dium through which to assert his securing of legal consent from a par- among private agencies for children, interests and exercise his rights. ent or guardian, as in ,situations of that the assumption of the long-time In the absence of a concurrent de- medical care, military enlistment, and and general responsibilities of guard- velopment of judicial and administra- marriage. ianship is outside their service func- tive facilities, it would be impractical Still another provision should em- tion and their normal resources. In to require, by legislative mandate, phasize the peculiar responsibility some States, certain public agencies that a guardian be appointed for every falling on social agencies who deal and institutions are designated by child who is without a natural guardi- with children, including public assist- statute as the legal guardians of chil- an or adoptive parent. In their pres- ance, social insurance, and veterans dren committed to them by the juve- ent stage of development, court and agencies, to back up the public policy nile court. In most instances the social agency resources would be dis- with respect to the guardianship of guardianship lapses automatically astrously overtaxed by the vast exten- children by taking all expedient steps when the children leave agency care. sion of work that would follow from toward the appointment of legal Some agencies discharge children such a course. guardians of the person of the chil- from care entirely by administrative Nevertheless, there is need for posi- dren who are without parental protec- procedure, without returning the tive statement of policy in law declar- tion. These agencies should be children to the courts that had com- ing the State’s responsibility for secur- charged with the special duty of re- mitted them for a reassignment of ing the protection and legal repre- porting to the proper court, for such guardianship. sentation of the child who lacks action as it may deem advisable, any Instances of the use of guardianship parental guardianship and the child’s child discovered by them to be with- procedure to circumvent the require- right to definite legal status in relation out the guardianship of a parent or ments of the adoption and licensing to any persons or agency assuming legal substitute. Reporting should be laws are coming to the attention of custody of him. facilitated by clearance and referral agencies. Persons who have been de- Implementation of these points of procedures. In this connection it nied adoption of a child or refused a public policy should take the form of would be desirable to establish a sys- foster-home license because of their specific provisions that would assure tem of clearance and referral between unsuitability or the inadequacy of the availability and use of the guard- the various courts dealing with chil- their homes are obtaining a legal hold ianship proceeding in behalf of any dren in the community. on the children through guardian- child who may need the protection ship in order to prevent removal of the and security of a legal guardian. Recommendations children from their care. One such provision should require In the light of the findings of the The laws relating to the establish- to be assumed on a study, the Children’s Bureau makes ment and transfer of legal responsi- legally responsible basis and should the following recommendations with bility for the child should be corre- provide the guardianship proceeding, respect to sound legislation and its lated, and existing conflicts, inconsis- as far as feasible, in the interest of ef- greater utilization for the guardian- tencies, and ambiguities in language fecting secure and responsible rela- ship of the person and the property and provisions should be eliminated. tionships. In this connection, there of children. There is particular need to introduce is need for the establishment of some distinctive nomenclature for such re- method or basis for ensuring against Guardianship of the Person lationships as guardianship of the per- the irresponsible transfer or abandon- 1. A special court proceeding son and guardianship of the estate; ment of the custody of children. To should be established to consider a to distinguish the appointment of the the extent practicable, the duty child’s need for guardianship of the guardian of the person of a child from should be placed upon the custodian person separately from his need for other methods of safeguarding the of the child to establish the relation- guardianship of the estate. child, such as relinquishment and ship on a legal basis. 2. The special court proceeding for termination of parental rights, trans- Another provision should emphasize the appointment of the guardian of fer of legal custody, and the voluntary the desirability of using the guardian- the person should be available in be- acceptance of the child by individu- ship proceeding at the earliest dis- half of the child whose parents are als and agencies for care and custody; covery that a child is without the pro- to define precisely the meaning of tection and legal status of parental (Continued cm page 19)

Bulletin, January-February 1950 15 netted and which is due to short- If the estimate is confined to the to these services, they would have met term illness and the first 6 months of loss ($2.7 billion) of current income 15.1-16.3 percent of this bill. -more extended disability, amounted due to illness after the first 7 days, If the current income loss of $4.1 in 1948 to about $4.1 billion. It will the insurance indemnity payments billion is added to the $4.0 billion for be noted in the table that 6.0-6.7 ($245-275 million) equal about 9.1- physicians’ and hospital services, percent of this income loss was cov- 10.2 percent. 10.5-11.4 percent of this total of $8.1 ered by the estimated insurance in- Voluntary insurance, through bene- billion was indemnified by all forms demnity payments (about $245-275 fit payments of $605-650 million, met of voluntary insurance. .million in 19481.1’ If the estimate of 8.2-8.8 percent of the total consumers’ The combined total for income loss, .income loss included all disability (private) medical care bill of $7.4 with a l-week waiting period, and that was not work-connected, and billion in 1948. private medical expenditures that not merely the limited portion spec- The combined income-loss and pri- might be regarded as presently within ified, the insurance payments would vate medical care bill amounted to at the potential scope of voluntary insur- equal less than 1, 2, or 3 percent. least $11.5 billion in 1948. About 7.4- ance (physician, hospital, dental, and I1 This is probably an overstatement of 8.0 percent of this amount was in- nursing services, one-third of the the extent to which income loss is in- demnified through total beneAt pay- expenditures for medicines and appli- .demnified. The estimate of income loss ments ($850-925 million) from all ances, and the net costs of insurance) dealt only with non-work-connected dis- voluntary insurance companies and is $8.6 billion. Aggregate voluntary abilities that were total in severity and took no account of durations beyond 6 organizations. insurance payments amounted tc 9.9- months, whereas the insurance indemnity Physicians’ and hospital services 10.8 percent of this total. estimates included such payments as purchased privately cost consumers This analysis shows that in 1948 were made, under various policies, for about $4.0 billion in 1948. If all vol- voluntary insurance was meeting only work-connected disabilities, for partial disabilities, and for disabilities extending untary insurance benefit payments a small fraction of the costs of illness beyond 26 weeks. ($605-650 million) had related only in the United States.

GUARDIANSHIP should be entitled to act for the child isdiction for such action as it deems when the child’s whole estate is appropriate ; in the event that no (Continued from page 15) valued at $500 3 or less in lump sum problem of management of the estate dead or who is otherwise deprived of or consists of monthly money pay- is found present, the court should parental care and protection. ments of $50 3 or less. permit the guardian of the person of 3. The proceeding for the appoint- 2. When a child is entitled to re- the child to act for the child, without ment of the guardian of the person ceive assets valued at more than $500 a the necessity of appointing that indi- should be conducted in a court of in lump sum or more than $50 3 in vidual or agency as guardian of the general jurisdiction in children’s monthly payments, this fact should estate. cases. be reported to the local court of jur- 3. The power of appointing the 4. The court conducting the pro- ceeding for the appointment of the guardian of the estate should be vested in a court of general jurisdic- guardian of the person should have 3 This amount was selected arbitrarily, social services available to it. in line with the tendency noted in a tion in estate matters. number of State laws. It should be re- 4. The court appointing the guard- Guardianship of the Estate considered by individual States, however, in relation to the purchasing power of ian of the estate should have social 1. The guardian of the person the dollar at a particular date. services available to it.

Bulletin, January-February 1950 19