10.3. History of the Juvenile Justice System 
ALISON S. BURKE 
The juvenile court was created in Cook County Illinois in 1899, but the concept dates back to seventeenth 
century Europe. The term pparens patriae
arens patriae originated in the 12th century with the King of England and literally 
means “the father of the country.” Applied to juvenile matters, parens patriae means the king is responsible for 
and in charge of everything involving youth. 
1 Parens patriae was often used by royalty in England from their 
homes in the name of the king. Children were often seen as property and were thus subject to the wishes of 
the king or his agents. 
2 This was especially relevant when they violated the law. 
Within the scope of early English common law, parents had the primary responsibility of raising their 
children in any manner they deemed fit. However, when children reached 7 years of age or committed a 
criminal act, chancellors, acting in the name of the king, adjudicated matters concerning the youth. The 
youth has no legal rights and were essentially wards of the court. As such, the courts were tasked with 
safeguarding their welfare. While parents were merely responsible for childbearing, the state had the primary 
and legitimate interest in the upbringing of the children. 
3 
The concept of parens patriae had a substantial influence on events in the United States, such as the child-
saving movement, houses of refuge, and reform schools. The persistent doctrine of parens patraie can be seen 
evolving from “king as a father” to a more general ideology, that of the state “acting in the best interest of 
the child.” Subsequent matters involving youth revolve around this notion of acting in the best interest of 
the child, whether children were taken away from wayward parents, sent to reform schools for vagrancy, 
or even held in institutions until they read the age of majority, or 18 years old. The idea is that the state is 
acting in their best interest, protecting the youth from growing up to be ill-prepared members of society. 
Thus, the courts are intervening for the youth’s own good. 
In the nineteenth century, children were gradually seen as vulnerable and in need of special care and 
supervision. One illustration of this concept was the establishment of a house of refuge in New York City 
in 1825. These were urban establishment used to corral youth who were roaming the street unsupervised or 
who had been referred by the courts. 
4 
These houses were not intended to house criminals, but rather at-risk youth, or youth who were on the 
1. Merlo, A., & Benekos, P. (2019). The Juvenile Justice System, Delinquency, Processing, and the Law (9th ed.) Pearson. 
2. Shoemaker, D. (2018). Juvenile Delinquency (3rd ed.). Rowman & Littlefield. 
3. Merlo, A., & Benekos, P. (2019). The Juvenile Justice System, Delinquency, Processing, and the Law (9th ed.). Pearson. 
4. Merlo, A., & Benekos, P. 2019. The Juvenile Justice System, Delinquency, Processing, and the Law (9th ed.). Pearson. 
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