parens patriae doctrine in New York

16 New York opinions name it 6 courts 1968–2025 4 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

Case	Followed	Cited
Prince v. Massachusettsgreen scotus · 1944 · cited in 4 New York opinions naming this issue, 1974–2008 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	4
Matter of Sayeh R.green ny · 1997 · cited in 2 New York opinions naming this issue, 2024–2024 2 sentences 2024There is no such superseding authority over civil marriage and to hold otherwise would be wholly inconsistent with the United States Constitution, the New York State Constitution, the Domestic Relations Law and this Court's obligation to protect the best interests of children under the doctrine of parens patriae ( see generally People ex rel Herzog v. Morgan , 287 NY 317, 320 [1942]; see also Matter of Sayeh R. , 91 NY2d 306 [1997]). 2024There is no such superseding authority over civil marriage and to hold otherwise would be wholly inconsistent with the United States Constitution, the New York State Constitution, the Domestic Relations Law and this Court's obligation to protect the best interests of children under the doctrine of parens patriae ( see generally People ex rel Herzog v. Morgan , 287 NY 317, 320 [1942]; see also Matter of Sayeh R. , 91 NY2d 306 [1997]).	2	2
People Ex Rel. Herzog v. Morgangreen ny · 1942 · cited in 2 New York opinions naming this issue, 2024–2024 2 sentences 2024There is no such superseding authority over civil marriage and to hold otherwise would be wholly inconsistent with the United States Constitution, the New York State Constitution, the Domestic Relations Law and this Court's obligation to protect the best interests of children under the doctrine of parens patriae ( see generally People ex rel Herzog v. Morgan , 287 NY 317, 320 [1942]; see also Matter of Sayeh R. , 91 NY2d 306 [1997]). 2024There is no such superseding authority over civil marriage and to hold otherwise would be wholly inconsistent with the United States Constitution, the New York State Constitution, the Domestic Relations Law and this Court's obligation to protect the best interests of children under the doctrine of parens patriae ( see generally People ex rel Herzog v. Morgan , 287 NY 317, 320 [1942]; see also Matter of Sayeh R. , 91 NY2d 306 [1997]).	2	2
People v. . Piersongreen · 1903 · cited in 2 New York opinions naming this issue, 1992–2008 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	2
Hawaii v. Standard Oil Co. of Cal.green scotus · 1972 · cited in 2 New York opinions naming this issue, 1983–2022 2 sentences 2022That court also interpreted the parens patriae doctrine, which originated in English common law, as requiring the court “to take care of the rights of animals, since they are unable to take care of themselves as against human beings” (id. at ¶ 26; see Hawaii v Standard Oil Co. of Cal., 405 US 251, 257 [1972] [describing the English constitutional system as the origin for the parens patriae doctrine, which referred to the King’s power “as guardian of persons under legal disabilities to act for themselves”]). 1983Under the parens patriae doctrine, the State may constitutionally act as the “ ‘general guardian of all infants’ ” (Hawaii v Standard Oil Co., 405 US 251, 257 ) and may direct medical treatment of a minor, in appropriate circumstances, over parental objection (see Prince v Massachusetts, 321 US 158, 166-167 ; Matter of Storar, 52 NY2d 363, 377 ; Matter of Bennett v Jeffreys, 40 NY2d 543, 546 ).	1	2
In re Female S.green nyfamct · 1981 · cited in 2 New York opinions naming this issue, 1998–2003 2 sentences 2003(Matter of Female S., 111 Misc 2d 313, 315 [1981].) Receiving child support in order to continue one’s education is a basis for such “protection” recognized in numerous decisions. 1998Although the Law Guardian contends that this court has inherent authority, under the doctrine of parens patriae, to set aside the previous judgment in the best interest of the subject child (see, e.g., Matter of Female S., 111 Misc 2d 313 [Fam Ct, NY County 1981]), this court’s powers are strictly defined and delimited by statute.	1	2
People of the State of N.Y. v. . Ingersollgreen · 1874 · cited in 1 New York opinions naming this issue, 2025–2025 2 sentences 2025The private parties who feel aggrieved in such cases have ample remedies to redress their wrongs by proceedings in their own names "] [emphasis added]; People v Ingersoll , 58 NY 1, 30 [1874] [the Attorney General had no authority, under the doctrine of parens patriae, to sue to recover money for a municipal corporation because "a corporation with full power to acquire and hold property, create debts . . . and sue and be sued, with a competent board of governors, is not within th(e) class of incompetents in need of the exercise of this nursing quality of the State government"]; People v Albany 2025The private parties who feel aggrieved in such cases have ample remedies to redress their wrongs by proceedings in their own names "] [emphasis added]; People v Ingersoll , 58 NY 1, 30 [1874] [the Attorney General had no authority, under the doctrine of parens patriae, to sue to recover money for a municipal corporation because "a corporation with full power to acquire and hold property, create debts . . . and sue and be sued, with a competent board of governors, is not within th(e) class of incompetents in need of the exercise of this nursing quality of the State government"]; People v Albany	1	1
People v. . Albany Susquehanna R.R. Co.green · 1874 · cited in 1 New York opinions naming this issue, 2025–2025 2 sentences 2025Co. , 57 NY 161, 167 [1874] ["The people of this State have no general power to invoke the action of the courts of justice, by suits in their name of sovereignty for the redress of civil wrongs, sustained by some citizens at the hands of others"]; accord Alfred L. 2025Co. , 57 NY 161, 167 [1874] ["The people of this State have no general power to invoke the action of the courts of justice, by suits in their name of sovereignty for the redress of civil wrongs, sustained by some citizens at the hands of others"]; accord Alfred L.	1	1
In re Christine M.green nycfamct · 1992 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an	1	1
Santosky v. Kramergreen scotus · 1982 · cited in 1 New York opinions naming this issue, 1992–1992 1 sentence 1992(Santosky v Kramer, 455 US 745, 766 [1982]; Prince v Massachusetts, supra, 321 US, at 166, 169 .) Moreover, the United States Supreme Court specifically has recognized that the enactment of statutes requiring immunization against communicable diseases, in the interest of both children and of the general public, is a valid exercise of a State’s police power.	1	1
Strunk Ex Rel. Burton v. Strunkgreen kyctapphigh · 1969 · cited in 1 New York opinions naming this issue, 1983–1983 1 sentence 1983Quite aside from any statutory authority (see Family Ct Act, § 1013; Matter of Sampson, 29 NY2d 900 ), a court of equity “has both the power and responsibility to care for and protect all those persons who, by virtue of some legal disability, are unable to protect themselves” (Custody of Minor, 375 Mass 733, 744; see, also, Strunk v Strunk, 445 SW2d 145, 147 [Ky]; Order for Medical Treatment of Child, Ann., 97 ALR3d 421; cf. Matter of Willoughby, 11 Paige Ch 257) and may, “upon its own initiative whenever it deems it necessary” appoint a guardian to do so (Matter of Kummer, 93 AD2d 135, 168 ).	1	1
Kent v. United Statesgreen scotus · 1966 · cited in 1 New York opinions naming this issue, 1976–1976	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (22)

Case	Cited	Years
Jehovah's Witnesses in State of Wash. v. King County Hospital Unit No. 1 green scotus · 1968 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
Wisconsin v. Yoder green scotus · 1972 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
Jehovah's Witnesses in State of Wash. v. King County Hosp. green wawd · 1967 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
Stanley v. Illinois green scotus · 1972 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
Jehovah's Witnesses of Washington v. King County Hospital Unit No. 1 green scotus · 1968 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
Flournoy v. Wiener green scotus · 1944 2 sentences 2008(Matter of Christine M., 157 Misc 2d 4, 11 [Fam Ct, Kings County 1992], citing Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses in State of Wash. v King County Hospital Unit No. 1, 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Governmental interference with the right of parents to raise their children is premised upon the State’s general police power to protect and promote public welfare an 1992(Prince v Massachusetts, 321 US 158 [1944], reh denied 321 US 804 [1944]; Wisconsin v Yoder, 406 US 205 [1972]; Stanley v Illinois, 405 US 645 [1972]; Jehovah’s Witnesses v King County Hosp., 390 US 598 [1968], reh denied 391 US 961 [1968], affg 278 F Supp 488 [WD Wash 1967]; People v Pierson, 176 NY 201, 210-211 [1903].) Government interference with the right of parents to nurture and to manage their children has been grounded both upon the State’s general police power to protect and promote public welfare, and upon the doctrine of parens patriae.	2	1992–2008
In Re GAULT green scotus · 1967 2 sentences 1978However, since Mr. Justice Fortas’ landmark decision, Matter of Gault ( 387 US 1 ), where the Supreme Court of the United States recognized that, in the name of parens patriae, and the best interests of the child, the rights of children were being trod upon, there has been "stimulated an interest in the rights of children which has extended the legal benefits to minors far beyond those granted in the decision itself * * * [and] in juvenile courts [cf. Matter of Winship, 397 US 358 ], schools [cf. Goss v Lopez, 419 US 565 ], and mental hospitals [cf. Kidd v Schmidt, 399 F Supp 301 ], adults hav 1976It has not succeeded significantly in rehabilitating delinquent youth, in reducing or even stemming the tide of juvenile criminality, or in bringing justice and compassion to the juvenile offender.” The Supreme Court was compelled to speak out again in defense of the constitu tional rights of children in an historic opinion, Matter of Gault ( 387 US 1, 14-17 ), when it declared that the states’ parens patriae claims in relation to children in trouble had become a sham.	2	1976–1978
Bourquin v. Cuomo green ny · 1995 1 sentence 2007In short, the authority to bring suit in what the Attorney General perceives to be the interest of the state cannot trump contrary determinations about the public interest made by the Legislature (Bourquin v Cuomo, 85 NY2d at 784 ).	1	2007–2007
In re Anthony S. green nycfamct · 1998 1 sentence 1998(See, e.g., Matter of Anthony S., 178 Misc 2d 1 [Fam Ct, Kings County].) Nothing in the Family Court Act or the Social Services Law authorizes the court to vacate a judgment committing custody and guardianship to a petitioning agency, once the judgment is entered.	1	1998–1998
Roe v. Wade red scotus · 1973 1 sentence 1990The State’s authority to protect the viable fetus has its origins in Roe v Wade ( 410 US 113, 163 ) where the Supreme Court acknowledged that the State has an "important and legitimate interest in potential life”.	1	1990–1990
In re the Estate of Kummer green nyappdiv · 1983 1 sentence 1983Quite aside from any statutory authority (see Family Ct Act, § 1013; Matter of Sampson, 29 NY2d 900 ), a court of equity “has both the power and responsibility to care for and protect all those persons who, by virtue of some legal disability, are unable to protect themselves” (Custody of Minor, 375 Mass 733, 744; see, also, Strunk v Strunk, 445 SW2d 145, 147 [Ky]; Order for Medical Treatment of Child, Ann., 97 ALR3d 421; cf. Matter of Willoughby, 11 Paige Ch 257) and may, “upon its own initiative whenever it deems it necessary” appoint a guardian to do so (Matter of Kummer, 93 AD2d 135, 168 ).	1	1983–1983
In re Certification of Coates green ny · 1961 1 sentence 1983Mindful of the presumption that the Legislature intended to enact a constitutional statute (People v Epton, 19 NY2d 496, 505 ; People v Finkel stein, 9 NY2d 342, 344 ) and of our obligation to construe a statute in a fashion that not only upholds its constitutionality “ ‘but also * * * avoid[s] any grave doubts upon that score’ ” when it is feasible to do so (Matter of Coates, 9 NY2d 242, 253 , app dsmd sub nom.	1	1983–1983
People v. Finkelstein green ny · 1961 1 sentence 1983Mindful of the presumption that the Legislature intended to enact a constitutional statute (People v Epton, 19 NY2d 496, 505 ; People v Finkel stein, 9 NY2d 342, 344 ) and of our obligation to construe a statute in a fashion that not only upholds its constitutionality “ ‘but also * * * avoid[s] any grave doubts upon that score’ ” when it is feasible to do so (Matter of Coates, 9 NY2d 242, 253 , app dsmd sub nom.	1	1983–1983
People v. Epton green ny · 1967 1 sentence 1983Mindful of the presumption that the Legislature intended to enact a constitutional statute (People v Epton, 19 NY2d 496, 505 ; People v Finkel stein, 9 NY2d 342, 344 ) and of our obligation to construe a statute in a fashion that not only upholds its constitutionality “ ‘but also * * * avoid[s] any grave doubts upon that score’ ” when it is feasible to do so (Matter of Coates, 9 NY2d 242, 253 , app dsmd sub nom.	1	1983–1983
In re Sampson green ny · 1972 1 sentence 1983Quite aside from any statutory authority (see Family Ct Act, § 1013; Matter of Sampson, 29 NY2d 900 ), a court of equity “has both the power and responsibility to care for and protect all those persons who, by virtue of some legal disability, are unable to protect themselves” (Custody of Minor, 375 Mass 733, 744; see, also, Strunk v Strunk, 445 SW2d 145, 147 [Ky]; Order for Medical Treatment of Child, Ann., 97 ALR3d 421; cf. Matter of Willoughby, 11 Paige Ch 257) and may, “upon its own initiative whenever it deems it necessary” appoint a guardian to do so (Matter of Kummer, 93 AD2d 135, 168 ).	1	1983–1983
Bennett v. Jeffreys green ny · 1976 1 sentence 1983Under the parens patriae doctrine, the State may constitutionally act as the “ ‘general guardian of all infants’ ” (Hawaii v Standard Oil Co., 405 US 251, 257 ) and may direct medical treatment of a minor, in appropriate circumstances, over parental objection (see Prince v Massachusetts, 321 US 158, 166-167 ; Matter of Storar, 52 NY2d 363, 377 ; Matter of Bennett v Jeffreys, 40 NY2d 543, 546 ).	1	1983–1983
Eichner v. Dillon green ny · 1981 1 sentence 1983Under the parens patriae doctrine, the State may constitutionally act as the “ ‘general guardian of all infants’ ” (Hawaii v Standard Oil Co., 405 US 251, 257 ) and may direct medical treatment of a minor, in appropriate circumstances, over parental objection (see Prince v Massachusetts, 321 US 158, 166-167 ; Matter of Storar, 52 NY2d 363, 377 ; Matter of Bennett v Jeffreys, 40 NY2d 543, 546 ).	1	1983–1983
Kidd v. Schmidt green wied · 1975	1	1978–1978
Goss v. Lopez green scotus · 1975 1 sentence 1978However, since Mr. Justice Fortas’ landmark decision, Matter of Gault ( 387 US 1 ), where the Supreme Court of the United States recognized that, in the name of parens patriae, and the best interests of the child, the rights of children were being trod upon, there has been "stimulated an interest in the rights of children which has extended the legal benefits to minors far beyond those granted in the decision itself * * * [and] in juvenile courts [cf. Matter of Winship, 397 US 358 ], schools [cf. Goss v Lopez, 419 US 565 ], and mental hospitals [cf. Kidd v Schmidt, 399 F Supp 301 ], adults hav	1	1978–1978
In Re WINSHIP green scotus · 1970 1 sentence 1978However, since Mr. Justice Fortas’ landmark decision, Matter of Gault ( 387 US 1 ), where the Supreme Court of the United States recognized that, in the name of parens patriae, and the best interests of the child, the rights of children were being trod upon, there has been "stimulated an interest in the rights of children which has extended the legal benefits to minors far beyond those granted in the decision itself * * * [and] in juvenile courts [cf. Matter of Winship, 397 US 358 ], schools [cf. Goss v Lopez, 419 US 565 ], and mental hospitals [cf. Kidd v Schmidt, 399 F Supp 301 ], adults hav	1	1978–1978
Jacobson v. Massachusetts green scotus · 1905	1	1974–1974
People ex rel. Grament v. Free Synagogue Child Adoption Committee green nysupct · 1949	1	1968–1968

Statutes the citing opinions construe

NY § N.Y. Domestic Relations Law § 236 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 34 (1953–2025) IL 26 (1978–2024) CA 23 (1964–2025) NY 16 (1968–2025) PA 16 (1964–2021) OH 13 (1988–2026) MD 13 (1984–2021) IN 10 (1979–2023) TX 9 (1946–2024) FL 8 (1977–2015) CO 8 (1970–2025) MT 7 (1962–2012) MN 7 (1987–2018) KS 7 (1977–2004) OK 7 (1963–2012) WV 6 (1963–2024) VT 6 (1983–2024) NE 6 (1968–2020) AK 5 (1976–2024) IA 4 (1985–2020) AZ 4 (1965–2022) MA 4 (1979–2014) WA 4 (2014–2015) SC 3 (1989–2017) LA 3 (1971–2008) TN 3 (1998–2014) CT 2 (1992–2000) GA 2 (1982–1995) MO 2 (1950–1988) VA 2 (1995–2003) NM 2 (1954–1990) DC 2 (1985–2018) WI 2 (1980–2006) AL 2 (1937–2008) MS 2 (1969–1982) NC 2 (1985–2000) VI 2 (1977–2014) MI 2 (1993–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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