Original Article: "Parens Patriae" http://legal-dictionary.thefreedictionary.com/Parens+Patriae
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A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.
The parens patriae doctrine has its roots in English Common Law.
In feudal times various obligations and powers, collectively referred to as the "royal prerogative," were reserved to the king. The king exercised these functions in his role of father of the country.
In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.
The state, acting as parens patriae, can make decisions regarding mental health treatment on behalf of one who is mentally incompetent to make the decision on his or her own behalf, but the extent of the state's intrusion is limited to reasonable and necessary treatment.
The doctrine of parens patriae has been expanded in the United States to permit the attorney general of a state to commence litigation for the benefit of state residents for federal antitrust violations (15 U.S.C.A. § 15c). This authority is intended to further the public trust, safeguard the general and economic welfare of a state's residents, protect residents from illegal practices, and assure that the benefits of federal law are not denied to the general population.
States may also invoke parens patriae to protect interests such as the health, comfort, and welfare of the people, interstate Water Rights, and the general economy of the state. For a state to have standing to sue under the doctrine, it must be more than a nominal party without a real interest of its own and must articulate an interest apart from the interests of particular private parties.
Cross-references
Antitrust Law; Child Abuse; Children's Rights; Infants.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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parens patriae (paa-wrens pat-tree-eye) n. Latin for "father of his country," the term for the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only "entrusted" to their parents. Under this doctrine, in a divorce action or a guardianship application the court retains jurisdiction until the child is 18 years old, and a judge may change custody, child support or other rulings affecting the child's well-being, no matter what the parents may have agreed or the court previously decided. (See: divorce, custody, child support, guardian, ward)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
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Original Article: "Parens Patriae- The Law of The Land"
http://hiddenvalue.hubpages.com/hub/Parens-Partriae-The-law-of-the-land
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The way it was
When the Parens Patriae doctrine was created it made juveniles have no legal rights or standing in any court. But it allowed for juveniles to have a chance and to be protected when the situation called for it. If a juvenile had committed a crime then his/her fate was in the hands of a chancellor, who was acting on behalf of the kings agents. The children became wards of the court and the court was vested with the responsibility of their well-being. The parents had no legal way to change the courts decisions, and ultimately forced to lose all there parental rights as well, leaving the kids and parents powerless. This would pose a problem in later cases in the United States.
Although the doctrine is old, it has stayed intact through the 17th and 18th centuries and is used quite often in cases involving juveniles today.
the rules today
The doctrine of Parens Patriae has been expanded in the United States to permit the attorney general of a state to commence litigation for the benefit of state residents for federal antitrust violations. This authority is intended to further the public's trust, safeguard the general and economic welfare of a state's residents, protect residents from illegal practices, and assure that the benefits of federal law are not denied to the general population. Although there is a very wide inconsistency from state to state when Parens Patriae is used, it's sole purpose is to protect the mentally and physically restricted of our nation.
In the United States, the Parens Patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents, or the lack of guardianship. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.
Today the Parens Patriae Doctrine has been altered to give juveniles a better chance to rehabilitate. Most cases are nominal or conditional, which means that most cases end in community service, verbal warning, or a fine. Confinement for juveniles today is used as a last resort, and most cases are tried at the juvenile level, rather than the criminal level. Juveniles today also have a chance to appeal a decision in most cases and our read their Miranda rights before being placed into custody. This change was due in large part to In Re Gault.
