Saving the Children: The Promise and Practice of Parens Patriae,1838-98

Abstract

Although the doctrine of parens patriae has served as the legal and moral foundation of the American juvenile justice system for the last 142 years, it has been the subject of but a few empirical or historical inquiries. This study addresses the problem by contrasting the theory and practice of parens patriae as it was applied in juvenile re formatories from the landmark decision incorporating the doctrine into the American legal structure in 1838—Ex parte Crouse—until it was extended and applied as the underlying rationale for the founding of the juvenile court in 1899. A review of Ex parte Crouse and ensuing legal decisions reveals that nineteenth century judges invoked parens patriae and committed minors to reformatories for noncriminal acts on the premise that juvenile institutions would have a benevolent ef fect upon their charges. In theory, reformatories were "schools" which provided parental discipline, meaningful labor, religious in struction, education, and a beneficial apprenticeship to their charges. The assumptions underlying parens patriae are assessed by con trasting the internal operation and effects of a number of juvenile reformatories with the stated expectations of the courts. An examina tion of the records of reformatories—including annual reports, daily journals of superintendents and matrons, minutes of indenture com mittees, case histories, as well as a number of investigations—suggests that there was a significant disparity between the care promised to minors by committing judges and the implementation of parens patri ae in nineteenth century institutions.