parens patriae


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parens patriae

(păr′ĕnz pă′trē-ē, pah′rĕns pah′trē-ī) [L. “father of (his) country, ” a term of art in U.S. and U.K. law]
The power of the courts to protect the interests of people who cannot protect themselves. In health care, this power is sometimes invoked on behalf of children (and other dependent or incompetent individuals) in order to provide them with medical care that has been refused by their family.
References in periodicals archive ?
Without acknowledging the sensitive issues of federalism and state sovereignty that this question could have involved, the Court's opinion was straightforward: as a matter of statutory interpretation, a parens patriae action is not a mass action and is not removable to federal court under CAFA.
Justice Saunders rejected AB's parens patriae argument for four reasons.
81) Forced medication under a state's parens patriae interest is justified only by a finding that the person is incompetent to make his or her own treatment decisions.
In such cases the court may exercise its parens patriae jurisdiction to interfere with a treatment decision or to order treatment.
unsound parens patriae theory, Virginia has relied on sovereign-interest
23) Because of this focus on rehabilitation, the original juvenile court system adopted the principle of parens patriae.
His experience extends to bench and jury trials in federal and state courts, complex federal multidistrict actions, Federal Trade Commission and Department of Justice investigations, parens patriae cases brought by state attorneys general, qui tam litigation, and various regulatory proceedings in the United States and abroad.
juveniles as informants by reliance on the doctrine of parens patriae.
doctrine known as parens patriae, or literally "parent of his or