_Nature of Official and Institutional Guardianship._--The legal basis
of official guardianship is the right and the duty of the State to
act as the supreme guardian of all minors. Its characteristics are
as follows: Over a specified group of children--children put out
to nurse, foundlings, or illegitimate children, a particular person
(he may be a private individual or one in an official position),
in virtue of the authority of the law (that is, without specific
appointment in each case, and without the option of refusing in
particular cases to exercise his powers), exercises the powers of a
guardian. In certain cases, official guardianship involves powers
superseding those of ordinary parental authority (this applies to
the case of illegitimate children, destitute children, and children
put out to nurse). There can be no reasonable objection to this,
for in such cases the parents’ own authority exists _de jure_ only,
and not _de facto_. But the parental authority is not irrevocably
invested in the official guardian, and the latter exercises only such
rights and duties as properly belong to a guardian. For example,
the right of usufruct in a child’s property cannot be assigned to
the official guardian. Institutional guardianship consists in the
exercise of guardianship by a State educational institution, or other
State institution for the care of children, over children in that
institution, the actual powers of guardianship being invested in the
director or some other official of the institution.
_Advantages of Official and Institutional Guardianship._--(_a_) The
local authorities entrusted with the general care of a particular
group of children--destitute children, for instance--can readily, and
with little additional trouble, assume the duties of guardianship.
Experience shows that this combination of duties gives extremely
satisfactory results, without imposing on the Boards in question
any serious increase in their duties. The administrative Boards
controlling reformatory schools must, if their duties are to be
properly performed, possess unlimited authority in respect of all
matters bearing on the upbringing of those under their care. In
Europe, the official guardianship of morally uncontrollable children
is likely to bring into being a system of children’s courts, with
probation officers, or to develop that system further where it
already exists.
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