Encyclopedia of Psychology and Law

viewed as being in the best interests of the child.

However, in 1966, in Kent v. United States, there was a

recognition that juveniles had the same rights as adults

with regard to due process, and the entire juvenile jus-

tice system came under scrutiny. In many ways, chal-

lenges to the state’s ability to intercede in juvenile

matters paralleled the challenges raised with regard to

incarceration of the mentally ill: the lack of due process,

the lack of consistency in defining which juvenile

behaviors required intervention, and the absence of

clear indicators that the state’s intercession resulted in

appropriate rehabilitative efforts. Ultimately, it became

clear that juveniles, as with the mentally ill, were

receiving worse treatment under the parens patriae

doctrine than would be afforded to them as adults in

criminal settings. Reforms resulted in the state having

less discretion than had previously been afforded

under parens patriae as formal procedures were subse-

quently implemented in juvenile hearings.

Child Abuse and Neglect

Another arena in which the doctrine of parens patriae

is fundamental has been in the state’s intercession on

behalf of abused and neglected children. This is an

area fraught with conflict between the care and pro-

tection of children, on the one hand, and constitutional

freedoms related to family privacy and parental lib-

erty, on the other. This conflict is particularly evident

in cases involving religious tenets of the parents clash-

ing with recommended medical treatment for their

children. In general, courts have concluded that reli-

gious freedom does not allow parents to risk impaired

health or death for their children. In these cases, the

state has relied on the parens patriae doctrine to jus-

tify intervention on behalf of the children. As with the

previously described arenas in which parens patriae is

a fundamental legal concept, the concept has been

exercised with considerable latitude historically and

then limited by reforms more recently. Difficulties in

operationally defining abuse and neglect, as well as

the state’s inability to prove that its interventions

result in a superior outcome for children, have compli-

cated the delicate balance between protecting children

and respecting family privacy. This issue has been

particularly relevant with regard to the removal of

children from the family for placement in the foster

care system given the documented flaws in that sys-

tem. Other areas that have been raised under parens

patriae with regard to child abuse and neglect issues

have revolved around child labor and school atten-

dance, with clearer justification for the state’s interest

in intervening.

Parens patriae has been an important doctrine in

delineating a protective role by the government toward

vulnerable members of society. Although a setting

forth of state’s obligations toward citizens who are

incapable of protecting their own interests is an impor-

tant aspect of governmental functioning, this doctrine

also has the potential to justify incursions into funda-

mental liberties. In each arena in which this doctrine

has been prominent, historically there has been a trend

toward limiting the broad powers of the state to inter-

vene in favor of achieving an appropriate balance

between the exercise of the state’s obligations to its

vulnerable citizens and the retention of fundamental

freedoms.

Marsha Anne Hedrick

See also Child Maltreatment; Civil Commitment; Juvenile

Offenders; Mental Health Law

Further Readings

Kent v. United States, 383 U.S. 541 (1966).

Koocher, G. P., & Keith-Spiegel, P. C. (1990). Children,

ethics, and the law.Lincoln: University of Nebraska

Press.

Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C.

(1987). Psychological evaluations for the courts.

New York: Guilford Press.

PARENT-CHILDRELATIONSHIP

INVENTORY(PCRI)

The Parent-Child Relationship Inventory (PCRI) is a

78-item self-report instrument designed to measure

mothers’ and fathers’ perceptions of their relationship

with an individual child and their attitudes about

being parents. Responses are made on a 4-point Likert

scale, with high scores indicating parenting behaviors

that could advantageously contribute to this relation-

ship and low scores suggesting difficulties. Five scales

assess interpersonal dimensions of the individual

parent-child dyad. These include Satisfaction with

Parenting (SAT), Involvement (INV), Communication

(COM), Limit Setting (LIM), and Autonomy (AUT).

536 ———Parent-Child Relationship Inventory (PCRI)

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