Our Grand Children are victims of;

"Protect the "system" at all costs. The "system" is the only ultimate sacred cow - not any particular law or constitution, but only "the system." Because, ultimately, it is the system which makes certain that the individuals functioning within it - from judges to lawyers, to prosecutors, to politicians, to businessmen - have their places and positions, and opportunities and pecking order, and future."

In 1696, England first used the legal principle of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery." This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families' child rearing practices.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
— Preamble of the original "organic" Constitution

"We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
— Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776


Friday, September 13, 2013

PURPOSE VS. POWER: PARENS PATRIAE AND AGENCY SELF-INTEREST

Purpose vs. Power: Parens Patriae and Agency Self-Interest



Daniel L. Hatcher


University of Baltimore - School of Law
2012

New Mexico Law Review, Vol. 42, No. 1, p. 159, 2012

Abstract:     


The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now come to view their child beneficiaries as a source of revenue. As the agencies continue to face bleak budget outlooks, anti-tax sentiment, and the desire to cut state spending, revenue maximization strategies have led to conflicts between the obligation to serve the interests of children and the fiscal interests of agency self-preservation and growth. Considering just one of the agency practices of treating children as a revenue source, foster care agencies across the country are taking over a quarter of a billion dollars each year from foster children in their care. Part I of the article describes the conflict between parens patriae purpose and power in its historical, theoretical, and practical context. Part II exposes the details of self-interested fiscal pursuits of human services agencies. Part III explains the additional layers of interrelationships between the agencies and the federal government, the poverty industry, and their parent states that both heighten and further complicate the conflict. The article concludes with recommendations to restore purity to parens patriae, both in theory and in agency application.

Number of Pages in PDF File: 44

It can be downloaded from HERE.

It can also be read from "My library of publications". It is labeled: "Purpose vs. Power..." on the book shelf in the right hand column of this page.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207
Posted by at
Labels: , , , , ,

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)