Parens Patriae

Abstract

Children historically have been considered to be chattel, denied rights in society, and parents had unfettered right to “abuse” their children for any and every infraction. The doctrine of parens patriae meaning “father of the country” originated in the twelfth century, and it refers to the power of the state to make decisions for those who are unable to do so. The doctrine refers to the right of the king and the courts to intervene and act in loco parentis (in place of the parents) for all “infants,” “idiots,” and “lunatics.” Typically, parens patriae was applied to cases involving children, and allowed the courts, under its inherent common law jurisdiction, to prioritize the best interests of the child. This doctrine has evolved over the years, owing to the impact of legislation, Supreme Court decisions, prosecutorial discretion, and juvenile court practices. This entry includes the history of the doctrine, legislative, and other impacts on its application, and implications for juveniles and the juvenile justice system.