Section 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- (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)