Discuss the doctrine of parens patriae and its relevance to the juvenile court.

Question

Fill in the blank(s) with the appropriate word(s).

Answer 1

The juvenile court emerged in the late 1800s when the conception of children as miniature adults was fading. Over time, children were seen as persons with less than fully developed moral and cognitive capacities. This shift in thinking was reflected in the legal doctrine of parens patriae (state as parent) that provided a foundation for juvenile court intervention. No longer were parents considered to have sole and exclusive legal responsibility over their children. If the parents failed in their responsibility to raise the child properly, the state could intervene in order to protect the child’s welfare. In extreme circumstances parental rights over their children were terminated altogether. The doctrine of parens patriae explains why juvenile court matters fall into three categories—delinquency, status offenses, and child-victim (i.e., children who have been abused and neglected).