parens patriae

     

Parens patriae is Latin for "father of the people". In law, it refers to the public policy power of the state to usurp the rights of the natural parent, legal guarian or informal carer, and to act as the parent of any child or individual who is in need of protection, such as a child whose parents are unable or unwilling to take care of him or her, or an incapacitated and dependent individual. In U.S. litigation, parens patriae can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (15 USC 15(c)), through Section 4C of the Clayton Act, permits state attorneys general to bring parens patriae suits on behalf of those injured by violations of the Sherman Antitrust Act.

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