NCJ Number
123744
Journal
Canadian Journal of Women and the Law Volume: 3 Issue: 2 Dated: (1989-1990) Pages: 510-530
Date Published
1990
Length
31 pages
Annotation
The 1893 child welfare laws and 1908 delinquency laws are compared to current Ontario child welfare laws, a "rights" framework in comparison to the earlier "parens patriae" concept, although real care of the delinquent still remains with women in private families to supervise and promote the best interests of young people.
Abstract
Even with the dramatic change in laws, the state of child welfare and juvenile delinquency prevention laws in Ontario remain a matter of control rather than actual care. The historical development of parens patriae and rights laws are examined and critiqued, and the role of social control within the private economy and the private family is defined. Three outcomes are predicted: (1) an imbalanced division of responsibilities between state and family, (2) the control of care within parens patriae framework, while control of content is within the rights framework, and (3) the perpetual, unsuccessful struggle to prevent delinquency together with inadequate services for those already considered delinquent. 114 notes, 1 figure. (Author abstract modified)