Parens patriae is a legal concept where the state acts as a parent to citizens, often in cases of child neglect or mental incompetence. The state can make decisions on behalf of its ward and sue on their behalf. A social worker is appointed to assist in decision making, and new care situations are evaluated for safety.
Parens patriae is a concept in law which is invoked by the state when it has to act in the role of parent of a citizen. Translated, the term means “parent of the nation” and has its roots in English common law. The idea behind parens patriae is that sometimes citizens need someone who can act as a parent to make decisions and take other actions, and sometimes the state is best qualified to assume this role, usually on a temporary basis.
This commonly occurs in cases where children are removed from their parents or guardians in response to concerns about neglect and abuse. People who legally have parental rights have these rights temporarily suspended in the interests of the child, and the state becomes the guardian while a solution is reached. Historically, such children have been fostered and adopted, although some governments have adopted a more rehabilitation-oriented stance on such situations, reuniting children with their parents whenever possible.
Children are not the only people on whose behalf the state can intervene. Persons judged to be mentally incompetent may also be subject to parens patriae, even if they are adults. This includes people with certain mental illnesses, intellectual disabilities, and developmental disabilities. Seniors with dementia and other conditions that could impair their ability to make decisions can also be protected by the state.
Under the parens patriae, the state can make medical decisions on behalf of its ward and can also do things like sue on behalf of people who have been abused or neglected. For example, if the government determines that there has been abuse in a long-term care facility for people with disabilities, it may file a lawsuit on behalf of the residents who are deemed incompetent and therefore unable to bring a lawsuit so that it can be made justice.
When the state invokes the parens patriae and assumes the role of guardian for those in need of assistance and protection, it must make decisions in the best interests of the department. A social worker is commonly appointed to advocate for the person being cared for under the parens patriae and to assist in decision making. In situations where people have to be placed in the care of someone other than their parents, the new care situation is carefully evaluated to confirm that it is safe and healthy.
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