individual guardian to secure good foster-parents. The legal duties
of the official guardian, such as the provision of maintenance for
the child, are merely routine official duties. It is much easier to
secure the requisite ten confidential assistants than to secure a
hundred private guardians.
_The Tendency of Evolution._--(_a_) The property of a ward is usually
inherited, and as time goes on such property becomes of less and less
importance. The guardianship we are considering here has very little
to do with such questions of property, and the guardian’s activities
are practically limited to securing the personal well-being of the
child. (_b_) Official guardianship is a typical example, on the one
hand, of the manner in which a matter appertaining to civil law
tends to become an affair of local administrative activity, and in
which duties originally honorary and benevolent tend to pass into
the hands of a salaried public official; and, on the other hand, of
the fact that in this sphere also the principle of the division of
labour comes to be ever more strictly applied, so that functions
formerly exercised non-professionally by private individuals are now
discharged professionally by public servants.
The importance of official guardianship has steadily increased. The
idea that the guardianship of children supported by the community
might be exercised by the poor-law authorities was first put into
practice in France towards the end of the eighteenth century.
In other countries the same idea has been applied with greater
or less modification. In Germany, official and institutional
guardianship were permitted by the Civil Code of 1900. Official
guardianship exists at present only in the larger towns; but the
institution continues to spread. In France, a law enacted in the
year 1889 permits the voluntary transference of parental authority
to the _Assistance Publique_, in which case the Prefect or his
representative, the Departmental Inspector _des enfants assistés_,
acts as guardian. By the law passed in the year 1904, the same
inspector acts as guardian of the _enfants assistés_. But the
inspector has no concern with the enforcement of the rights of
illegitimate children as against their father, since any inquiry
into paternity is forbidden by the French Civil Code. Official
guardianship exists in many of the cantons of Switzerland.
Public-domain text, read in full here on John Shaqi.
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