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 ?
The parens patriae power derives from English law at the time of the settling of the American colonies, when the King had the authority to act as "the general guardian" (17) for all "persons who had lost their intellects and became.
PRESIDENT DUTERTE, amid criticisms of his latest no-holds-barred statements before other heads of state and journalists, simply explained that he did not run for president to be a highfalutin statesman but to be a dedicated president, a parens patriae and savior of an internally troubled Third World country plagued by massive poverty and ignorance, drug abuse, trafficking of all kinds, and lawlessness, as well as by unbridled corruption in government and the private sector.
The power under which Child Protective Services must act to protect a child is the parens patriae power--a legal term of art empowering the 'State' to ensure the care of all children within its borders when their parents aren't able to care for them.
State of New Hampshire (February 19, 2016), the International Association of Defense Counsel filed a brief in support of petitioner ExxonMobil Corporation that parens patriae should incorporate the same procedural and substantive safeguards as private class actions.
Additionally, sometimes it is legitimate or even essential for states to act under their parens patriae power to protect people who cannot protect themselves against foreseeable dangers, for instance, when states require school children to be vaccinated against certain infectious diseases.
As the Indiana Supreme Court recently cautioned, "[n]ot every endangered child is a child in need of services, permitting the State's parens patriae intrusion into the ordinarily private sphere of the family.
Continued perceptions of the link between mental illness and violence, coupled with the strict interpretation of commitment statutes based on states' parens patriae authority, have resulted in commitment standards that effectively commit people only when they are dangerous, which is often far past the point that they are in need of help.
power to expressly delegate portions of their parens patriae powers to
18) The Court remanded the case to the trial court for a determination of whether parens patriae jurisdiction is appropriate.
The court was grounded on the British doctrine of parens patriae (the State as parent).
State's parens patriae power since an AOT order requires several
States possess this power through the doctrine of parens patriae: literally "parent of the country," parens patriae permits a state to bring an action as a single party on behalf of a number of its injured citizens.