34 CFR § 300.45 - Ward of the State.

---
identifier: "/us/cfr/t34/s300.45"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 300.45 - Ward of the State."
title_number: 34
title_name: "Education"
section_number: "300.45"
section_name: "Ward of the State."
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "300"
part_name: "ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted."
regulatory_source: "71 FR 46753, Aug. 14, 2006, unless otherwise noted."
cfr_part: "300"
---


# 300.45 Ward of the State.

(a) *General.* Subject to paragraph (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 § 300.30.

(Authority: 20 U.S.C. 1401(36))