Parens Patriae

Parens patriae refers to the act of the state intervening on parental responsibilities for any child or individual vulnerable to abusive and negligent parents, guardians or caretakers when they need protection.

This necessitates the state to provide parental guidance and protection to ensure that the child receives adequate care and protection like his or her colleagues. Through this legal act, parents who cannot protect their children because of negligence or internal conflicts within their households are assisted by the state. Nevertheless, this procedure is very specific in that it demands only the individuals who certify the state’s terms and conditions regarding such an offer. For the state, Parens patrie defines its legal responsibility towards the provision of protection to children whose security is not guaranteed under their parents care. In this regard, the state has to identify the victims of such incidences and consolidate them for the protection. In the event that parents have some misunderstandings, a child’s interests will be considered with regard to the conflict between the warring parties.

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Under the court proceedings, the parents’ disputes will be resolved amicably while taking into consideration whether the parents have the capacity to take care of the child. If the court establishes that the parents have some form of weakness or negligence regarding parental responsibility, it will recommend for the child’s transfer to the state. Additionally, when a child’s parents are disabled or they die in accidents, the state will offer its assistance in raising the children. The use of this legal policy is very critical in ensuring that all children’s needs are catered for and disparity among them is eliminated. In this regard, children will receive adequate attention during their early childhood, which would mould them into responsible individuals in the society.

The state will be able to cater for the needs of all its citizens especially the children at infancy stages before they realise their capabilities and contribution towards the country.