Parens patriae
Parens patriae is a legal doctrine that allows the government to act as a guardian for minors and legally incompetent adults when their families are unable or unwilling to provide proper care. The term, which translates to "parent of the country" from Latin, originated from the concept of rulers as protectors of their people. Its application has evolved from English chancery courts, where it was used to assist juveniles in legal matters, to its modern role in the United States, focusing on the welfare of dependent, neglected, and delinquent children. The principle gained prominence in the early 19th century as urban social issues emerged, prompting the establishment of facilities like the first house of refuge in New York in 1825 for the care of poor and delinquent youth. Landmark cases, such as Ex parte Crouse in 1838, solidified the government's role in overseeing child welfare through the parens patriae doctrine. This framework led to the creation of juvenile courts, starting with the first one in Chicago in 1899, aimed at providing appropriate intervention for youth in need of support. Overall, parens patriae highlights the legal system's responsibility to safeguard vulnerable populations when familial support is lacking.
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Parens patriae
SIGNIFICANCE: The principle of parens patriae provides the legal basis for courts to supervise and treat minors and legally incompetent adults whose families are not available or able to provide them with proper care and guidance.
The term parens patriae derives from the Latin for "parent of the country," and originally referred to a ruler's role as a protector and caregiver to their people before becoming part of the common law. It came to be used in English chancery courts to assist juveniles with their legal inheritances under the feudal land tenure system. It also provided legal protection for those deemed mentally incapable of caring for themselves. English common law formed the basis for the legal system of the United States, and there the concept was primarily applied to dependent, neglected, and delinquent children who were deemed in need of assistance.
During the early nineteenth century, increasing attention was given in urban areas to rapid population growth, social problems, and the placement of juvenile delinquents in the jail and prison system with adults. Concerns over these issues eventually led to the first house of refuge being opened in New York in 1825. This facility was established to house poor children and delinquents who were in need of care and guidance that was not being provided by their families. Additional houses of refuge soon opened in other major cities. In 1838 the Pennsylvania case of Ex parte Crouse established the doctrine of parens patriae as the legal basis for the government to supervise and treat children when their parents were either unable or unwilling to do so.
In Illinois, after the 1870 case of People v. Turner threatened the use of parens patriae by criminal courts, a child-saving movement in Chicago resulted in the establishment of the first juvenile court in 1899. Parens patriae has since been used as the legal doctrine allowing juvenile courts to adjudicate, supervise, and treat children and youth who are determined to be in need of governmental intervention.
Bibliography
Merlo, Alida, Peter Benekos, and Dean Champion. The Juvenile Justice System: Delinquency, Processing, and the Law, 8th ed. Pearson, 2015.
Cox, Steven M., John J. Conrad, and Jennifer M. Allen. Juvenile Justice: A Guide to Theory and Practice, 9th ed. SAGE, 2017.
Hess, Karen M., and Robert W. Drowns. Juvenile Justice. 4th ed. Belmont, Calif.: Wadsworth/Thomson Learning, 2004. Comprehensive overview of the juvenile justice system that connects theory and practice.
"Parens Patriae." Cornell Law School, May 2022, www.law.cornell.edu/wex/parens‗patriae. Accessed 8 July 2024.
Williams, Frank P., and Marilyn D. McShane, eds. Encyclopedia of Juvenile Justice. Thousand Oaks, Calif.: Sage, 2003.