Parens patriae is Latin for "parent of the nation" (lit., "parent of one's country").[1][2] In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention.[3]
In U.S. litigation, parens patriae can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (15 USC 15c), through Section 4C of the Clayton Act, permits state attorneys general to bring parens patriae suits on behalf of those injured by violations of the Sherman Antitrust Act.
- ^ "Protecting Subject Children in Family Court and beyond: The Necessity to Utilize Identical Confidentiality Measures between Necessity to Utilize Identical Confidentiality Measures between Article 6 Lincoln Hearings and Article 10 Lincoln Hearings Article 6 Lincoln Hearings and Article 10 Lincoln Hearings".
- ^ DeBellis, Claudio; Soja, Marta (Spring 1993). "Gregory K.: Child Standing in Parental Termination Proceedings and the Implications of the Foster Parent-Foster Child and the Implications of the Foster Parent-Foster Child Relationship on the Best Interests Standard Relationship on the Best Interests Standard". DePaul Law Review DeP. 8 (2): 501.
- ^ "parens patriae". LII / Legal Information Institute. Retrieved 2021-05-10.