Parens Patriae Research Paper

A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.

Often in these child rights movements tend to have children representative but are ran but “Despite good intentions and a deep commitment to children’s agency and authority, adults and children in this movement continue to replicate deeply structured patterns of behavior that give adults greater power (Taft, 2014, p. 460). There continues to be an unequal distribution of power between adults and children and it results in the child’s needs to be neglected. Focusing only on protection and provision does not allow us to grip an understanding of what children value as we speak on their behalf versus of listening to their wishes and present them with action opportunities

They had the right to counsel, the right to receive notify of charges, protection against double jeopardy between juvenile court and adult court, and proof must be established beyond a reasonable doubt, and they do not have a Constitutional right of trial by jury. But, formal hearings were required in situations where youth faced transfer to adult court or a period of long-term institutional confinement. In 1984, the Supreme Court ruled that because of Parens Patriae, which was established in the England court system and cared over to the United States court system, juvenile could be held in detention until their court date or hearing (Center on Juvenile and Criminal Justice, 2017). Finally, the current period is the Crime Control Period from 1980 to present. In the 1980’s, the public view was that the juvenile court system was too lenient and juvenile crime were on the rise, but in the 1990’s many States passed the punitive law which included mandatory sentencing and transferring juveniles to adult court for certain crimes. Due to the increase in crime rate and the tremendously number of juveniles committing crimes, policies are focusing more on crime control

The law also provides Federal Grants to agencies that fall under its guidelines. Many agencies could not exist or be of any benefit to the community without this funding. This law protects children with disabilities, by means that housing that is unique to them be defined with specialized training and equipped to do so. Abandoned infants are a unique situation that is not as easy as one would expect to solve. Even though the “client” is unable to speak for themselves, they still need protection. When dealing with near homeless or homeless families, a human service worker may find they are unsure when to become involved more, which is something that this law will help guide them through. Finally, to protect children all around, it is now apparent that certain jobs that work with children must make their employees subject to background checks.

Does parens patriae truly still exist under the current U.S. juvenile justice system? Explain why you feel the way you do. Give examples to support your claims.

While looking at the dangers and environment in a child’s home, advocates such as employees of the Department of Family and Protective Services of the State of Texas, have the moral obligation to take into consideration safety of children shelters and foster homes. Morally, advocates for the children should also take into consideration the psychological trauma that the child may or may not experience through being taken away from family and being placed, possibly multiple times, at new places away from everything they know.

But back in 1891, a bill was introduced in the Illinois General Assembly proposing a children’s court. The person most instrumental in introducing this bill was Timothy D. Hurley, president of the Catholic-controlled Chicago Visitation and Aid Society. The bill would give county courts the power to commit dependent children to any nonprofit child welfare organization incorporated under Illinois law (Tannenhaus, 2002). In addition, the bill proposed that county courts be empowered to commit to private child-saving organizations any child “being trained or allowed to be trained in vice and crime” (Platt, 2009, p. 123 – 124). Lucy Flower supported this bill because it would give judges more discretion in handling dependent cases (Tannenhaus, 2002).

When making welfare decisions, the courts are obligated to take into consideration the Child’s wishes and feelings.

The intended consequence of the Child Abuse Prevention and Treatment Act (CAPTA) is to provide federal financial assistance to all states. The funding is for the establishment of effective programs that support the prevention, assessment, investigation, prosecution and treatment proceedings (Jeff, 2012). In other words, it is for the well-being and safeguarding of all children. However, there are unintended consequence too. For example, some children who suffer the effects of child abuse and neglect will still fall within the cracks of the system. According to the Institute of Medicine and National Research Council, (2014, p. 351) policy-affiliated research continues to be severely underdeveloped such as, mandatory reporting, child abuse record keeping, issues relating to constitutional rights and the use of family foster care as an alternative to traditional foster care. Due to these cracks thousands of children are affected annually.

Parens patriae relates to American social services today by taking parents right and taking the children to “ a better and safe home”. For example, In The Case of Marie and Her Sons, The state wants to take the role and rights away from Marie as a mother. (Bergner, 2006, p.1) Clearly, the state of Connecticut has already found adoptive parents for the children since they aren’t able to decide for their own self. Apart from Marie’s story, we see how kids are taken away and the state takes over and makes decisions for the

Reggio Emilia is a child driven methodology where children are enriched within their environment as well as communication from their peers. Reggio Emilia schooling is an innovative approach for preschoolers and kindergarteners. Teachers are considered co learners with the children. The classroom environment is considered a “third teacher” while the children are seen as obtaining a “hundred languages”. Reggio Emilia schooling can be viewed as an out of the box and unorganized approach to learning due to excluding a written curriculum. Reggio Emilia has been viewed as highly unstructured with a high chance of bullying to develop. Reggio Emilia is an unconventional way of providing students with a manipulative environment including co-learners

Saint Bonaventure was born in Umbria, Italy to parents Giovanni di Fidanza who was a physician and Maria Ritella, he was an Italian medieval Franciscan, scholastic theologian and philosopher, and there is not a lot of information about his childhood. He fell ill while he was young and was saved from death by the intercession of St. Francis of Assisi. He was born as Giovanni di Fidanza just like his father but later on be canonized by Pope Sixtus IV. He would be also later on declared a Doctor of the church in 1588 by Pope Sixtus V.

The rising viewpoint of the child savers was that of parens patriae which said that the state had an assenting duty to get involved and care for the less fortunate kids. In 1899, the first court devoted to hearing cases with juvenile delinquents was developed by the Illinois Legislature. The procedures in the juvenile court were much different from those of the criminal courts. The child would be accused of a crime they committed, but they were offered help, treatment, and direction (Myers, 2008). Juvenile hearings were held in private and the juvenile’s records were kept sealed to avoid the disgrace of a criminal conviction. Since the juvenile courts rejected punishment, they were allowed to have jurisdiction on things adult courts did not consider crimes. These offenses could be anything including truancy, disobedience, bad language, immorality, and vagrancy. Under parens patriae, the juvenile court was allowed to use wide range discretion to resolve the troubles of juvenile offenders and rejected the official procedures of the adult

For the most part, parents have the best interest of their children at heart. However, there are unfortunately many cases throughout the United States where parents are unable to, for one reason or another, take care of their children. Sometimes, this can be seen as a health issue of the parents. Sometimes, parents are unable to raise their children well due to physical, financial, and/or emotional issues. Other times, parents do not have the best interests of their children in mind and can be neglectful or abusive to them. In these circumstances, the state may become involved and step into

It tried to explain the view that children were fully responsible for their conduct and were able to be rehabilitated. Parens patraie remains the base of the juvenile justice system across the country. Then, like now, juvenile court was designed more to protect the child than to punish bad behavior.