Parens Patriae Pros And Cons

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Special Issue – Juvenile Justice and Delinquency Parens Patriae (Lat. “parent of the country.”) In the United States, the “parens patriae” doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their own affairs. The state is the supreme guardian of all children within its jurisdiction and has the inherent power to intervene in order to protect children whose wellbeing is at risk by controversies between parents, therefore the state court can invoke parens patriae to protect the welfare and interest of a persons’ health and comfort. Due Process defined in the Fifth and Fourteenth Amendments to the Constitution, protects the American…show more content…
Supreme Court addressed the fundamental fairness of the juvenile court process in Kent v. United States. Morris Kent, Jr., a 14 year old was apprehended in 1959 and charged with several house burglaries, and attempted purse snatching and was later released into the custody of his mother and placed on probation. Two years later an intruder broke into a woman’s apartment, stole her wallet, and raped her. Fingerprints at the crime scene matched the ones on file for Morris Kent, Jr. 16 years old at the time -- was taken into custody, where he volunteered information regarding the burglary, robberies, and rape. While in custody, Kent’s mother retained counsel on his behalf, during which time psychological and psychiatric evaluations conducted on Kent had deemed him a “victim of psychopathology.” The court ruled that Kent appear before an adult court system -- where he was tried as an adult; charged with six counts of burglary and robbery; and sentenced to 5 – 15 year for each…show more content…
The most effective community-based interventions are the ones that stresses family communication and build the skills of juvenile parents or other caretaker • Functional Family Therapy (FFT) is aimed at 11 to 18 year olds who are experiencing problems with delinquency, substance abuse, or violence. An individual therapist works with a family in the home to improve problem solving, emotional connections, and strengthen parents’ abilities to provide structure, guidance, and limits for their children. • Multisystemic Therapy (MST) is a family-based program designed to help parents deal effectively with the behavioral problems of their children. MST provides 50 hours of counseling with master-level professionals and round-the-clock crisis intervention over a four-month period. The program reduces re-arrests and out of home placements for problem youth in the juvenile justice and social services systems • Intensive Protective Supervision (IPS) This program provides case managers who interact with the teen and his or her family by making frequent home visits, offering support for parents, developing individual service plans, and arranging for services as
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