---
kind: "section"
citation: "34 C.F.R. § 303.37"
title: "34"
number: "303.37"
heading: "Ward of the State."
url: "https://uscodex.org/cfr/34/303.37"
---

# §303.37. Ward of the State.

- (a) **General.** Subject to [paragraph (b)](#b) of this section, ward of the State means a child who, as determined by the State where the child resides, is—
  - (1) A foster child;
  - (2) A ward of the State; or
  - (3) **In the custody of a public child welfare agency.**
- (b) **Exception. Ward of the State—** does not include a foster child who has a foster parent who meets the definition of a parent in [§ 303.27](/cfr/34/303.27.md).

## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.