Vulnerable groups require protection. These groups include the disabled and children whose parents are abusive. In the United States, various legal provisions for the protection of these groups exist. Thanks to these provisions, the government may assume the responsibility of attending to the needs of these groups. Parens Patriae is one of the legal principles that empowers the government to serve as parent to the vulnerable groups (Alarid, Cromwell & Del Carmen, 2007). The government may invoke this principle as it seeks to safeguard the interests of the vulnerable groups. Parents Patriae has a long history and it is applied widely in the juvenile justice system.
In general, Parens Patriae is the concept that allows the government to intervene in matters that are otherwise private. This concept primarily applies in situations where a parent or legal guardian perpetrates abuse against a child (McGillivray, 2004). Essentially, Parents Patriae equips the government with the power and the mandate to function as the parent of the abused child. This principle strips the parents of the obligation and privilege of bringing up the child. It is important to note that Parents Patriae extends beyond abusive parenting. This concept also covers any individual who requires protection from the government (Blokhuis, 2009). Such other individuals as adults who have suffered incapacitation are among those that the concept of Parens Patriae applies to. Overall, this concept seeks to protect vulnerable communities and ensure that their rights and interests are honored at all times.
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It has observed that the principle of Parens Patriae has a long history. This doctrine can be traced back to the 16 th century where it was applied in England (Blokhuis, 2009). The king invoked the doctrine in his effort to assert his authority and right to serve as the parent of adults of unsound mind. During this time, this concept was not a legal concept per se. Instead, it was a tool that the king used to obtain loyalty. Over time, the concept of Parents Patriae became associated with the protection of children. Through Parens Patriae, the state is able to assume custody of children who require protection. This doctrine gradually ascended to become part of established common law. This began in England and made its way to North America in the 19 th century (Blokhuis, 2009). Today, Parens Patriae is routinely invoked in cases that impact the rights and welfare of children. Through this concept, the state is able to make decisions on behalf of children in its custody.
As already noted in the discussion above, the doctrine of Parens Patriae is applied in the justice system. One of the applications of this doctrine regards custody proceedings (McGillivray, 2004). The case of a child who has suffered abuse in the hands of the parents may be considered. When examining the case, the court may transfer custody from the parents to the government. This court would be relying on the concept of Parens Patriae as it makes this decision. This concept advises courts to make decisions that serve the best interest of the child. The concept may also be applied in divorce cases (McGillivray, 2004). While these cases are not necessarily within the jurisdiction of juvenile courts, they present implications for children and the purposes of these courts. In these cases, the courts usually consider the options that best preserve the interests of the child. The parent who promises to take better care of the child is awarded custody. The concept of Parens Patriae may be applied to numerous other juvenile cases such as the commitment of a child to a mental asylum.
In conclusion, the American government has demonstrated its commitment to protecting vulnerable groups. Children are among the groups that the government focuses its efforts on. The concept of Parens Patriae is among the tools that the government relies on to secure the rights of children. This concept allows the state to assume custody of children who are in unstable homes. The concept is particularly invoked in the juvenile justice system. This concept should be strengthened further so that it is better able to protect children and other vulnerable groups.
References
Alarid, L., Cromwell, P. & Del Carmen, R. (2007). Community-Based Corrections. Boston:
Cengage Learning.
Blokhuis, J. C. (2009). Parens Patriae: A Comparative Legal Study of Sovereign Authority and
Public Education Policy in the Province of Ontario and the State of New York. Retrieved
7 th July 2017 from https://urresearch.rochester.edu/fileDownloadForInstitutionalItem.action?itemId=7285&itemFileId=16949
McGillivray, A. (2004). Childhood in the Shadow of Parens Patriae. In Goelman, H.,
Ross, S. & Marshall, S. Multiple Lens, Multiple Images: Perspectives on the Child
Across Time, Space and Disciplines. Toronto, ON: University of Toronto Press.
