16 Pennsylvania opinions name it 3 courts 1964–2021 1 in the last five years
The cases below were cited by Pennsylvania 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.
| Case | Followed | Cited |
|---|---|---|
In Re William L.green2 sentences2016"The-source of the state’s authority to intervene in family matters to protect minor children has been said to be the doctrine of parens patriae, the concept that the sovereign is the father of his country.” In re Williams L., 383 A.2d at 1235-36 . 2016See id. (“fundamental right of parents to the care and custody of their children when that care and custody serves the best interests of the children” (emphasis provided)). 3 “The source of the state’s authority to intervene in family matters to protect minor children has been said to be the doctrine of parens patriae, the concept that the sovereign is the father of his country.” In re Williams L., 383 A.2d at 1235-36 . | 2 | 3 |
Pruner Estategreen2 sentences2012The doctrine of “parens patriae ” refers to the “ancient powers of guardianship over persons under disability and of protectorship of the public interest which were originally held by the Crown of England as ‘father of the country,’ and which as part of the common law devolved upon the states and federal government.” In re Milton Hershey School Trust, 807 A.2d 324 , 326 n. 1 (Pa.Cmwlth.2002) (quoting In re Pruner’s Estate, 390 Pa. 529, 532 , 136 A.2d 107, 109 (1957)) (citations omitted). 2012The doctrine of “parens patriae ” refers to the “ancient powers of guardianship over persons under disability and of protectorship of the public interest which were originally held by the Crown of England as ‘father of the country,’ and which as part of the common law devolved upon the states and federal government.” In re Milton Hershey School Trust, 807 A.2d 324 , 326 n. 1 (Pa.Cmwlth.2002) (quoting In re Pruner’s Estate, 390 Pa. 529, 532 , 136 A.2d 107, 109 (1957)) (citations omitted). | 2 | 2 |
Kraisinger v. Kraisingergreen1 sentence2016This authority would not apply to a typical custody arrangement, but it supports the strong public policy of Pennsylvania to promote custody arrangements that are in a child’s best interests. -5- J-E03001-15 Cf. Kraisinger v. Kraisinger, 928 A.2d 333, 345 (Pa.Super.2007) (contract provision invalid where it “penalizes mother for, and therefore would act to discourage her from, seeking a court’s review of the parties’ agreement as to child support”); see also Ferguson v. McKiernan, 940 A.2d 1236 , 1245 n.16 (Pa.2007) (a contract is against public policy where the policy “is so obviously for or | 1 | 1 |
Ferguson v. McKiernangreen1 sentence2016This authority would not apply to a typical custody arrangement, but it supports the strong public policy of Pennsylvania to promote custody arrangements that are in a child’s best interests. -5- J-E03001-15 Cf. Kraisinger v. Kraisinger, 928 A.2d 333, 345 (Pa.Super.2007) (contract provision invalid where it “penalizes mother for, and therefore would act to discourage her from, seeking a court’s review of the parties’ agreement as to child support”); see also Ferguson v. McKiernan, 940 A.2d 1236 , 1245 n.16 (Pa.2007) (a contract is against public policy where the policy “is so obviously for or | 1 | 1 |
In re S.H.green1 sentence2016See id. (“fundamental right of parents to the care and custody of their children when that care and custody serves the best interests of the children” (emphasis provided)). 3 “The source of the state’s authority to intervene in family matters to protect minor children has been said to be the doctrine of parens patriae, the concept that the sovereign is the father of his country.” In re Williams L., 383 A.2d at 1235-36 . | 1 | 1 |
State Ex Rel. J. R. v. MacQueengreen2 sentences1988The command of these cases is that the constitutional rights of the juvenile can no longer be ignored but that he must be afforded constitutional due process and fair treatment. 259 S.E.2d at 422 (holding that juveniles in parole revocation hearings are entitled to the same protections afforded adults by Morrissey). 1988The command of these cases is that the constitutional rights of the juvenile can no longer be ignored but that he must be afforded constitutional due process and fair treatment. 259 S.E.2d at 422 (holding that juveniles in parole revocation hearings are entitled to the same protections afforded adults by Morrissey ). | 1 | 1 |
In Re Adoption of R. I.green2 sentences1978See, e.g., Adoption of R.I., 468 Pa. at 294 , 361 A.2d at 297 . 1978See, e.g., Adoption of R.I., 468 Pa. at 294 , 361 A.2d at 297 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re GAULT
green
2 sentences1981Even criticism of the doctrine in In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) 2 did not anticipate a state would attribute finality to a present mental condition and use that “judicial prognosis” as the ground for involuntary termination of parental rights. 1981Even criticism of the doctrine in In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) 2 did not anticipate a state would attribute finality to a present mental condition and use that “judicial prognosis” as the ground for involuntary termination of parental rights. | 3 | 1969–1981 |
In Re Milton Hershey School Trust
green
2 sentences2012The doctrine of “parens patriae ” refers to the “ancient powers of guardianship over persons under disability and of protectorship of the public interest which were originally held by the Crown of England as ‘father of the country,’ and which as part of the common law devolved upon the states and federal government.” In re Milton Hershey School Trust, 807 A.2d 324 , 326 n. 1 (Pa.Cmwlth.2002) (quoting In re Pruner’s Estate, 390 Pa. 529, 532 , 136 A.2d 107, 109 (1957)) (citations omitted). 2005The doctrine of “parens patriae” refers to the “ancient powers of guardianship over persons under disability and of protectorship of the public interest which were originally held by the Crown of England as ‘father of the country,’ and which as part of the common law devolved upon the states and federal government.” In re Milton Hershey School Trust, 807 A.2d 324 , 326 n. 1 (Pa.Cmwlth.2002) (quoting In re Primer’s Estate, 390 Pa. 529, 532 , 136 A.2d 107, 109 (1957)) (citations omitted). | 2 | 2005–2012 |
Alfred L. Snapp & Son, Inc. v. Puerto Rico Ex Rel. Barez
green
2 sentences2010In considering the respondents’ preliminary objections in TAP II, this Court relied upon the parens patriae analysis of Snapp v. Puerto Rico, 458 U.S. 592 , 102 S.Ct. 3260 , 73 L.Ed.2d 995 (1982), the leading case on the scope of a state’s parens patriae authority. 2010In considering the respondents’ preliminary objections in TAP II, this Court relied upon the parens patriae analysis of Snapp v. Puerto Rico, 458 U.S. 592 , 102 S.Ct. 3260 , 73 L.Ed.2d 995 (1982), the leading case on the scope of a state’s parens patriae authority. | 2 | 2010–2011 |
Holmes' Appeal
green
2 sentences1980In re William L., 477 Pa. 322, 338 , 383 A.2d 1228, 1236 (1978); Holmes Appeal, 379 Pa. 599, 603 , 109 A.2d 523 (1954); Janet D. v. Carros, supra, 240 Pa.Super. at 316 , 362 A.2d at 1072 . 6 We conclude that, pursuant to the doctrine of parens patriae, the juvenile court in this case stood in loco parentis to the mentally ill deprived child, Jerry G. 1980In re William L., 477 Pa. 322, 338 , 383 A.2d 1228, 1236 (1978); Holmes Appeal, 379 Pa. 599, 603 , 109 A.2d 523 (1954); Janet D. v. Carros, supra, 240 Pa.Super. at 316 , 362 A.2d at 1072 . 6 We conclude that, pursuant to the doctrine of parens patriae, the juvenile court in this case stood in loco parentis to the mentally ill deprived child, Jerry G. | 2 | 1969–1980 |
State of New Mexico v. General Electric
green
1 sentence2021Co., 467 F.3d 1223 , 1243 n.30 (10th Cir. 2006) (noting that the parens patriae doctrine provides “a state with standing to sue for damages to a broader range of natural resources because it does not require state ownership of such resources”). | 1 | 2021–2021 |
Commonwealth v. Nixon
green
2 sentences2018The trial *916 court then discussed Commonwealth v. Nixon , 563 Pa. 425 , 761 A.2d 1151 (2000), and stated that where parents cannot or will not fulfill their duties, it is the obligation of the Commonwealth to take on that role under the doctrine of parens patriae . 10 Id. at 6. 2018The trial *916 court then discussed Commonwealth v. Nixon , 563 Pa. 425 , 761 A.2d 1151 (2000), and stated that where parents cannot or will not fulfill their duties, it is the obligation of the Commonwealth to take on that role under the doctrine of parens patriae . 10 Id. at 6. | 1 | 2018–2018 |
Pennsylvania Department of Banking v. NCAS of Delaware, LLC
green
1 sentence2011This does not mean that the Commonwealth has undertaken "trade or commerce" in the creation of its state park system. [7] See also Pennsylvania Department of Banking v. NCAS of Delaware LLC, 995 A.2d 422 (Pa.Cmwlth.2010) (Leavitt, J., concurring). [8] The origin of the parens patriae doctrine can be traced to medieval England. | 1 | 2011–2011 |
Exparte Crouse
green
2 sentences2006This Court propounded the parens patriae doctrine as the rationale by which the Commonwealth could accomplish child behavioral “reformation, by training [children] to industry; by imbuing their minds with principles of morality and religion; by furnishing them with means to earn a living; and, above all, by separating them from the corrupting influence of improper associates.” Crouse, 4 Whart. 9 , 1839 WL 3700 at *2. 2006This Court propounded the parens patriae doctrine as the rationale by which the Commonwealth could accomplish child behavioral "reformation, by training [children] to industry; by imbuing their minds with principles of morality and religion; by furnishing them with means to earn a living; and, above all, by separating them from the corrupting influence of improper associates." Crouse, 4 Whart. 9 , 1839 WL 3700 at *2. | 1 | 2006–2006 |
Janet D. v. Carros
green
2 sentences1980In re William L., 477 Pa. 322, 338 , 383 A.2d 1228, 1236 (1978); Holmes Appeal, 379 Pa. 599, 603 , 109 A.2d 523 (1954); Janet D. v. Carros, supra, 240 Pa.Super. at 316 , 362 A.2d at 1072 . 6 We conclude that, pursuant to the doctrine of parens patriae, the juvenile court in this case stood in loco parentis to the mentally ill deprived child, Jerry G. 1980In re William L., 477 Pa. 322, 338 , 383 A.2d 1228, 1236 (1978); Holmes Appeal, 379 Pa. 599, 603 , 109 A.2d 523 (1954); Janet D. v. Carros, supra, 240 Pa.Super. at 316 , 362 A.2d at 1072 . 6 We conclude that, pursuant to the doctrine of parens patriae, the juvenile court in this case stood in loco parentis to the mentally ill deprived child, Jerry G. | 1 | 1980–1980 |
Ciammaichella Appeal
green
2 sentences1964Perhaps we are motivated by the doctrine of parens patriae but “The Commonwealth is vitally concerned with infants within its boundaries and an interested party in all matters affecting them.” Ciammaichella Appeal, 369 Pa. 278, 287 , 85 A. 2d 406 (1952). 1964Perhaps we are motivated by the doctrine of parens patriae but “The Commonwealth is vitally concerned with infants within its boundaries and an interested party in all matters affecting them.” Ciammaichella Appeal, 369 Pa. 278, 287 , 85 A. 2d 406 (1952). | 1 | 1964–1964 |
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.
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.