(a) General. “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 34 C.F.R. § 300.30 or 6 CAR § 130-246.