The doctrine of parens patriae is a concept of standing utilized to protect . . .

quasi-sovereign interests, such as health, comfort, and welfare of the people, when such interests are threatened and state government intervention may be needed. Gibbs v. Titelman, 369 F. Supp. 38, 54 (E.D. Pa. 1973), revd on other grounds, 502 F.2d 1107 (3d Cir. 1974). The parens patriae doctrine differs from the in loco parentis doctrine, the later involving care that is temporary in character and not to be likened to *the permanent situation of+ adoption. Griego v. Hogan, 377 P.2d 953, 955-56 (N.M. 1963). The in loco parentis doctrine can be applied to both governmental and non-governmental entities, and is implicated when a person *or legal entity] undertakes the care and control of another [person of legal incapacity] in the absence of such supervision by the latters natural parents and in the absence of formal legal approval. Id. One of the more common situations where there may be threatened interests requiring state intervention involves the interests of minors and others of legal incapacity. Blackstone noted that under early English common law, the English sovereign was 'general guardian of all infants, lunatics, idiots. Fontain v. Ravenel, 58 U.S. 369 392-93 (1854) (Taney, J. concurring)(citing 3 W. Blackstone, Commentaries on the Laws of England 48 (1769)). English royalty originally enjoyed virtually unlimited power over the minors of their subjects. Over time, however, the Crowns power became circumscribed by the rule of law, through the Magna Carta, the Writ of Habeas Corpus, and the continual evolution of the common law. The United States Constitutional system of Ordered Liberty included additional safeguards. Article I, Section 9, guaranteed access to the Writ of Habeas Corpus. The Tenth Amendment created a vertical system of checks and balances, thereby distributing some powers to federal government, some to state government, and the remainder to the People. Parens patriae power of standing was reserved to the state governments, and could not properly be exercised by the federal government. See Fontain, 58 U.S. at 379, 384, 393; Mormon Church v. United States, 136 U.S. 1, 57-58 (1890)(parens patriae authority of Crown devolved upon the state legislatures); American Loan & Trust Co. v. Grand Rivers Co., 159 F. 775, 782 (W.D. Ky. 1908). The First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Amendments afforded affirmative protections of individual liberty, which further constrained the practical reach of parens patriae.
Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, requiring state intervention.

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.