However, cases expanding the in loco parentis
doctrine may be broadening the scope of the immunity.
The term parent is set forth in the FMLA to mean "the biological parent of an employee or an individual who stood in loco parentis
to an employee when the employee was a son or daughter." (45) As when the employee is the person who is in loco parentis
for a child, there needs to be no biological or legal relationship between the employee and the person who was in loco parentis
when the employee was a child for the employee to now use FMLA leave to care for this parent.
As Connecticut's highest court explained in 1925, the true test is "not the time or place of the offense, but its effect upon the morale and efficiency of the school." (5) The "in loco parentis
" doctrine is not dead in the public school context, (6) but it is subject to statutory limitations.
The literal translation of the Latin phrase in loco parentis
is "in the place of a parent," and it came into use in the United States in the late 1800s in court cases debating educators' right to discipline students in the place, or absence, of their parents.
* act in loco parentis
during the immigration proceedings to encourage the child to participate to the fullest extent possible and appropriate and to help ensure that the decisions reached on behalf of the child during the proceedings comport with the child's best interests; and
The inaccurate impression is left that the principals of these residential schools were granting permission in loco parentis
for this experimental program that deprived children of dental care without speaking to parents or guardians first.
As for Tim Moralee, I don't care what his other qualifications are - he has proved that, in loco parentis
, he cannot protect vulnerable children; heck, even WITH the minder appointed, the bullies still managed to get to Amie again on Thursday.
Both Camp White Cloud Goes to Court and Cypress Cove offer a different perspective and a dose of reality for the role of "in loco parentis
" and each staff member's role in the overall risk-management plan.
(Is it any coincidence that the sixties, the decade of family dissolution, launched the psychotherapy boom?) Our urban public schools now spend an estimated fifth of their time inculcating values, offering birth control advice, conducting dental screenings, and performing other services in loco parentis
, and most of us don't think twice about it.
The In Loco Parentis
rule applies to HSE home care packages but does not apply to home care from the Jack & Jill charity.
An important legal concept is 'in loco parentis
,' which is Latin for 'in the place of a parent.' It helps define the legal responsibility of a person or organization to take on some of the responsibilities and functions of a parent.