Wards of the State
Wards of the State
Wards of the state are minors whose legal guardian is the state or another agency, institution, or entity. Wards of the state may be participants in research under very specific conditions:
- The research must be related to their status as wards; or
- The research is conducted in schools, camps, hospitals, institutions, or other similar settings in which the majority of children who are research subjects are not wards of the state (i.e., wards of the state are only incidentally included in research)
Consent
Obtaining consent for wards of the state to participate in research is more involved than for other minors. For wards of the state, an advocate must be appointed to further protect the child, in addition to the legal guardian.
An advocate must:
- Have the background and experience to act in, and agree to act in, the child's best interest during the course of the study; and
- not be affiliated with the research, the investigators, or the guardian organization.
An advocate can serve for more than one child in a study. Advocates must be present during all consent discussions and must have time to confer with the child about participating in the study. Advocates should also sign the consent form, in addition to the legal guardian. It is the responsibility of the investigator to do their due diligence in making sure that the individual who signs the consent form as a legal guardian really is the child's legal guardian.
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