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Posted: July 9th, 2022
Parens Patriae
Parens Patriae
Parens Patriae
Parens Patriae is a legal principle that refers to the power of the State to act for people who are not able to act for themselves. The most common vulnerable groups covered by the laws are children and individuals with disability. For instance, the doctrine empowers a judge to reassign the custody of a minor contrary to the wishes of the parent. In practice, the theory might apply to a single child but in theory, it is a measure to safeguard the interests of the entire population. The historical context of the law is from the feudal times when the King had a royal prerogative as the father of the nation. Therefore, the leader could act on behalf of the people. Parens Patriae today is mostly associated with the power of the courts to protect the children and disabled individuals.
In the state of Virginia, the courts use the principle to assert the best interests of the child are its main concern. The states rely on Parens Patriae to invoke laws such as the ban on physical punishment (Howard, 2017). For instance in proceeding involving marriage disputes, the children are not parties to the case. The court strives to take into consideration the interests of the children when it is making a ruling.
Further, parental liability refers to the obligation of the caregivers to pay for the damages caused by intentional, negligent or criminal acts of their children. In the state, the liability ends when the child reaches 10 years (Jaros, 2018). I think the liability of the parent should only cover civil wrongs. Since the child may not have the means to pay for damages, the parent should cover for the cost. However, in criminal proceedings the parents should not suffer the consequences. The Parens Patriae principle assumes the states have a responsibility to protect the child against any form of harm. Therefore, the state can also take responsibility for the crimes they commit.
References
Howard, D. M. (2017). State Parens Patriae Standing to Challenge the Federal Government: Overruling the Mellon Bar. NYUJL & Liberty, 11, 1089.
Jaros, M. C. (2018). The Double-Edged Sword of Parens Patriae: Status Offenders and the Punitive Reach of the Juvenile Justice System. Notre Dame L. Rev., 94, 2189.
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