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Parens Patriae

Definition

A common-law doctrine under which the state acts as an ultimate guardian of persons who cannot fully protect their own legal interests, most often minors, giving courts and welfare bodies authority to intervene in a child's life without ordinary consent.

Related terms

Child Abandonment
The act of a parent or guardian permanently leaving a child without arranging for their care, treated in most jurisdictions as grounds...
Child in Need of Care and Protection
A child who has committed no offence but is abandoned, missing, abused, exploited, trafficked, or otherwise without a fit and willing caregiver,...
Child Trafficking
The recruitment, transport, transfer, harbouring, or receipt of a child for exploitation, including labour, sexual exploitation, or forced marriage, which does not...
Due Process
The constitutional or legal requirement that a person facing loss of liberty receive fair procedure, including notice, a hearing, and the chance...
In Re Gault
The 1967 United States Supreme Court decision holding that due process protections reach juvenile proceedings that can end in confinement, usually credited...
Justice Model
The view that a young person facing possible confinement is owed the same due process safeguards as an adult defendant, with disposition...
Protective Custody
The temporary removal and placement of a child in state or state-approved care, ordered to secure the child's immediate safety while their...
Restorative Model
A third strand that centres the victim and community, asking what harm was done and what would repair it, usually layered on...
Vulnerability Factors
Individual, family, or community characteristics statistically associated with a higher probability of harm to, or offending by, a child; cumulative and probabilistic...
Welfare Model
The view that a child who offends is a child in need of care, with disposition scaled to the child's needs rather...
Hybrid Model
A system that combines welfare-oriented rehabilitation goals with justice-model procedural safeguards, the pattern most contemporary juvenile justice systems actually follow.

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