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Parens Patriae Article Review

Parens Patriae Four alleged juvenile delinquents in the Marion County Juvenile Court were tested for competency under the adult competency statute, were found to be incompetent and were ultimately ordered to the mental health division of Indiana. The mental health division unsuccessfully moved to vacate that order, and then appealed to the Indiana Court of Appeals. The Indiana Court of Appeals upheld the lower court's order. However, the Indiana Supreme Court reversed the order and remanded the case(s) for further proceedings. The two lower courts did not affectively apply Parens Patriae but the Supreme Court effectively applied the Doctrine.

Summary of In Re K.G.

was a 12?year-old boy accused of sexual battery, D.G. was a 10?year-old boy accused of child molesting, D.C.B. was an 11?year-old boy accused of arson and J.J.S. was a 13?year-old girl accused of burglary and theft. All four alleged juvenile delinquents: were in the Marion County Juvenile...

Through the mental health division of the Family and Social Services Administration, the State unsuccessfully moved to vacate the orders of commitment, though the Juvenile Court acknowledged the division of mental health "[did] not currently have available appropriate facilities or programs" for the alleged juvenile delinquents (Sirkin, 2005). The State then appealed to the Indiana Court of Appeals.
The trial court's order/judgment was affirmed by the Indiana Court of Appeals but reversed by the Indiana Supreme Court. The Indiana Court of…

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Use of Parens Patriae

The Doctrine of Parens Patriae (Latin: "parent of the country") acknowledges the inherent power/authority of the state to protect individuals legally incapable of acting on their own behalf (Fairlex, Inc., 2013). Though the doctrine was developed in English Common Law, American jurisprudence usually applies Parens Patriae to the state's ability to protect the best interests of children, the mentally ill and other persons who are somehow legally incompetent to manage their own affairs (Fairlex, Inc., 2013). The first two categories are self-explanatory and the third category might include a senile or comatose person, for example.

Before discussing whether the courts appropriately applied Parens Patriae, it must be
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