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The parens patriae doctrine grants the state inherent power and authority to protect individuals who are unable to act on their own behalf. This doctrine originated in English common law, where the king exercised certain powers and obligations to act as "father of the country." In the United States, the parens patriae doctrine has primarily been applied to protect children, mentally ill individuals, and others deemed legally incompetent. The state acts as the supreme guardian of children and can make decisions regarding involuntary mental health treatment. States may also invoke parens patriae to protect public interests such as health, the economy, and natural resources.
The parens patriae doctrine grants the state inherent power and authority to protect individuals who are unable to act on their own behalf. This doctrine originated in English common law, where the king exercised certain powers and obligations to act as "father of the country." In the United States, the parens patriae doctrine has primarily been applied to protect children, mentally ill individuals, and others deemed legally incompetent. The state acts as the supreme guardian of children and can make decisions regarding involuntary mental health treatment. States may also invoke parens patriae to protect public interests such as health, the economy, and natural resources.
The parens patriae doctrine grants the state inherent power and authority to protect individuals who are unable to act on their own behalf. This doctrine originated in English common law, where the king exercised certain powers and obligations to act as "father of the country." In the United States, the parens patriae doctrine has primarily been applied to protect children, mentally ill individuals, and others deemed legally incompetent. The state acts as the supreme guardian of children and can make decisions regarding involuntary mental health treatment. States may also invoke parens patriae to protect public interests such as health, the economy, and natural resources.
Parens Patriae [Latin, Parent of the country.] A doctrine that grants the inherent power and au thority of the state to protect persons who are legally unable to act on their o wn 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 prerogat ive," 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 applicati on in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guard ian 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 je opardized by controversies between parents. This inherent power is generally sup plemented by legislative acts that define the scope of child protection in a sta te. 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 h is or her own behalf, but the extent of the state's intrusion is limited to reas onable 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 th at 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, c omfort, and welfare of the people, interstate Water Rights, and the general econ omy of the state. For a state to have standing to sue under the doctrine, it mus t be more than a nominal party without a real interest of its own and must artic ulate 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, I nc. All rights reserved. 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 disa bility, especially children, whose care is only "entrusted" to their parents. Un der this doctrine, in a divorce action or a guardianship application the court r etains jurisdiction until the child is 18 years old, and a judge may change cust ody, 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.