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

CPS family court corruption: Sign the petition

 CPS family court corruption
 http://www.petition2congress.com/3499/cps-family-court-corruption/?m=4135005

Recruit your family and friends to take action: Sign the petition

Tell a Friend

Families are being abused by State CPS and Family Courts through out the United States of America, this is a major issue that needs to be addressed, Families that have had their civil rights violated through family court proceedings and the fact that all due process and constitutional rights are violated and manipulated by family court judges, District Attorneys, and Commissioners of /social services departments as well as CPS workers, and court appointed attorneys that are not working for the clients but have helped incriminate parents. Also of extreme interest, is obtaining names/phone/location of CPS workers who are falsifying or have falsified documents in court and who have lied in a court setting. The people of New York State and the People of the United States of America demand a full investigation of all departments, and the termination of department until further the people also wish to sue for government entrapment as well as a suit brought against the case workers, family court judges, and district lawyers. The People through discovery have found:
1. The imbalance of funding is creating corruption
2. Corruption has filtered through all manner of government and related agencies
3. Judicial decisions violate the public trust
4. Laws are created and passed that give parens patriae unlimited power not provided by the Constitution
5. The pendulum has swung to create a monopoly strategy of funding extracted from dwindling Social Services that have been set up to help families in need is devastating families across America
6. Children's lives are at stake while in the care of government funded agencies, such as rape, sexual abuse, physical abuse and neglect, mental abuse, and statistics show our children are being killed while in government placements out side of the parental home/or close relatives
7. That the states are not following guidelines placing children with relatives but are screening them out using different criteria with foster families, or falsifying documents to entrap parents and not keeping the children in the home with parents but removing the children without due process or any true purpose other then to incriminate parents/family members and to insure family is unfit
8. That pockets of tyranny are going unchecked without recourse
9. Congress local government/ civil and family courts is not responsive to The People
10. That The People have been turned away from civil courts, and from family courts higher court of appeals, only to remain battered and bruised by the tyranny of these local government funded courts as the judges, case workers/commissioners and district attorneys mock the outraged parents and children of which they so willingly strip of their civil rights and liberties
The People are declaring a public health crisis and human rights violation as well as their Civil rights are being stripped and taken from them and their families, as a result of these above atrocities and also In addition, The People find the Parens Patriae to be more than a doctrine but a specialized position created by the government for the government that violates Article 1 Sec 9, 10: No title of nobility or honors shall be granted by the United States. The title extends to the courts, Childrens Administration and public education violating Amendment 14 depriving persons of life, liberty and property without due process. The position applies as a collective.
The People are ordering an investigation of the departments as well as Family courts through out the United States of America and most important in New York State the people of the United States ask that all family court files,case files, court tapes, and videos be put into the investigation, as well as there be a federal lockdown on all CPS and family courts so that no tampering of documents can be done by such agencies, the fact is family court documents will show the fact that they are mishandled and manipulated by these agencies to insure incriminating charges are inevitable and due process is not being carried out, civil rights are violated, all human rights are violated and the United States Constitution is not on the agenda of these agencies. And the people of the United States of America are being abused by these powers.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

Falsely Invoked Parens Patriae Power

For a state to have standing to sue under the doctrine, it must be more than a nominal party without a real interest of its own and must articulate an interest apart from the interests of particular private parties.

In other words...

...the state social workers, et al, must state "in the interest of the child" to protect the service workers (particular private parties) and their own paychecks (interest of its own). The benefits from the kidnapping of a child.

State governments may not properly override parental decisions or terminate custody, unless 1) parents delegate their authority to the state voluntarily and knowingly, or 2) the state demonstrates through appropriate due process that there is clear and convincing evidence that the parents have triggered state parens patriae interests by placing their children in clear and present danger.

Lies, trickery and deceit. Those kids were in our custody with power of attorney. We did NOT delegate our authority to the state knowingly. Why in the hell would we do that? They kidnapped those kids and stomped on our constitutional rights. For their OWN interests.

The clear and present danger was their (OCS) false allegations of sexual abuse, dirty house and medical needs not met. If the doctors were not paid service workers, you could ask for the records to PROVE the kids were all up to date on EVERYTHING. They had a clean bill of health. Dirty house? How many social workers do not even have running water in this state? We do. Let me refer to the Alaska State Trooper reports on the false allegations. Ask the initial lab (another service worker) about the "false/positive" results they conjured up. They kidnapped these kids for personal profit... period. They were easy targets. 

Parens patriae power was invoked without cause and with deceit. An order was placed for our grand kids, our rights were KNOWINGLY violated and after proof of no clear and present danger, they still stole these kids and sent them to the ordering party for personal profit. I can PROVE the party wanted those kids. We are purposely kept from contacting the grand kids. We can't talk to them or send them anything. I have no doubt the kids are acting out because they are confused, mad and they want to come home. Instead, they will be drugged (if not already) and abused with punishment.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

Parens Patriae

Parens Patriae (paa-wrens pat-tree-eye) n. Latin for "father of his country," the term for the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only "entrusted" to their parents.
(http://legal-dictionary.thefreedictionary.com/Parens+Patriae)

States may also invoke parens patriae to protect interests such as the health, comfort, and welfare of the people, interstate Water Rights, and the general economy of the state. For a state to have standing to sue under the doctrine, it must be more than a nominal party without a real interest of its own and must articulate an interest apart from the interests of particular private parties.
(http://legal-dictionary.thefreedictionary.com/Parens+Patriae)

State governments may not properly override parental decisions or terminate custody, unless 1) parents delegate their authority to the state voluntarily and knowingly, or 2) the state demonstrates through appropriate due process that there is clear and convincing evidence that the parents have triggered state parens patriae interests by placing their children in clear and present danger. C.f. Croft v. Westmoreland County Children & Youth Servs., 103 F.3d 1123 (3d. Cir. 1997).
(http://www.quaqua.org/parenspatriae.htm)

State government exercises of parens patriae power are also subject to the United States Constitutional system of Ordered Liberty. See Meyer v. Nebraska, 262 U.S. 390, 290 (1923)("Determination by the Legislature of what constitutes proper exercise of police power is not final or conclusive but is subject to supervision by the courts."). Particularly after the enactment of the Thirteenth and Fourteenth Amendments, the Supreme Court applied due process principles and strict scrutiny analysis to limit state invocations of its parens patriae power. Liberty in “matters relating to marriage, procreation, . . . family relationships, and child rearing and education” are “’fundamental’” and “'implicit in the concept of ordered liberty’ as described in Palko v. Connecticut, 302 U.S. 319 (1937).” Paul v. Davis, 424 U.S. 693, 713 (1976). “In these areas . . . there are limits on the state’s power to substantively regulate conduct.” Id.
(http://www.quaqua.org/parenspatriae.htm)





The Parens Patriae power has been recognized and exercised from time immemorial as being under the rule of a tyrant.
(http://www.barefootsworld.net/parensp.html)


*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207