In loco parentis

In Loco Parentis

Sometimes... people must care for other parents' children.  This frequently happens when we send our kids to school or allow them to stay at Grandma and Grandpa's house over the weekend.  When a person with legal custody over their child gives informal custody to another person, they are said to stand "in loco parentis".  This is the Latin phrase literally means "in place of the parents."  (This is a bit of a simplification; whether this legal concept applies is very fact dependent).

Giving your child to another person for a brief period of time is a very normal thing for parents to do.  On the other hand, sometimes the situation can go awry or unusual circumstances occur.  Take for instance the case from 2021 that the United States Supreme Court decided called Mahanoy Area School District v. B. L., 141 S. Ct. 2038 (2021).  A cheerleader was caught saying inappropriate things about her coach, publicly, on Snapchat.  The school suspended her and stated that her actions had an impact on the learning environment.  In part, school stated they stand in loco parentis.  Ultimately, the Court held that rarely will schools stand in the place of parents outside of school property and only "under circumstances where the children’s actual parents cannot protect, guide, and discipline them."  B.L. won her case!  Another example may be where a grandparent looks after a child for an extended period of time because the parents cannot.  As mentioned, this is highly fact dependent but happens more than people may know!

More to the point, if you have children or are responsible for the children of others, this may be an area of law that is of interest to you.  If you are concerned about your liability or another's liability, you should contact an attorney to discuss your specific facts and legal questions.  Our office has addressed these matters before, so please contact our office if you wish to discuss your matters with us.