parens patriae and in loco parentis

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38 documents for parens patriae and in loco parentis

- Are you my mother? Missouri denies custodial rights to same-sex parent.
... traditional parentage, such as de facto, in loco, and equitable parentage. (5) However, these alter..., which would allow the court to exercise parens patriae authority by finding Michelle and Leslea t... nontraditional theories such as in loco parentis, de facto parentage, and equitable parentage. (97)...
- Missouri Law Review
- Vol. 75 Nbr. 4, September 2010
- Sheri Lipscomb, By and Through Her Next Friend, Carolyn Defehr; Autumn Scalf, & William Scalf, By and Through Their Next Friend Gloria Self, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. Dan Simmons, Individually and in His Official Capacity as Acting Director, Department of Human Resources of the State of Oregon, & Jess Armas, Individually and in His Official Capacity as Acting Assistant Director, Department of Human Resources of the State of Oregon and Acting Administrator, Children'S Services Division, Department of Human Resources of the State of Oregon, Defendants-Appellees., 962 F.2d 1374 (9th Cir. 1992)
...The state, they argue, in assuming parens patriae responsibility for a child, must be guided... to [the child's] control, [it] stands in loco parentis to him."). The weighty and sensitive resp...
- Federal Circuits
- Parham v. J. R., 442 U.S. 584 (1979)
...The parens patriae interest in helping parents care for the m... having custody and control of the child in loco parentis has a duty to consider the best interests...
- U.S. Supreme Court

- Diagnosis, intervention, and cure: the illness narrative in the discourse of the failed state.
... doctors or legal authorities as acting in loco parentis, essentially fulfilling a parental role t... Standards: A Comparison of the State's Parens Patriae Authority and Judicial Oversight in Best I...
- Alternatives: Global, Local, Political
- Vol. 33 Nbr. 3, July 2008
- In re Gault, 387 U.S. 1 (1967)
..., but that the state was proceeding as parens patriae.[Footnote 18] The Latin phrase proved to b... to describe the power of the state to act in loco parentis for the purpose of protecting the propert...
- U.S. Supreme Court
- The Fourth Amendment rights of children at home: when parental authority goes too far.
... of the juvenile court to fully achieve its parens patriae rehabilitive goals. (26) In acknowledging ... the Court acknowledged that schools act in loco parentis as supervisors and caretakers for the min...
- William and Mary Law Review
- Vol. 53 Nbr. 1, October 2011
- Money, caregiving, and kinship: should paid caregivers be allowed to obtain de facto parental status?
... been awarded custodial rights based on parens patriae power, (33) parenthood by estoppel, (34) t... psychological parent doctrine, (37) the in loco parentis doctrine, (38) and grandparent visitation...
- Missouri Law Review
- Vol. 74 Nbr. 1, January 2009
- A "Primer"
Introduction II. Background III. Role of States To Prescribe Curriculum And Maintain A Sound Learning Environment IV. Students' Rights A. Freedom of Speech B. Due Process V. Parental Rights IV. Conclusion

... have failed it is referred to as parens patriae . The question still remains as to when pa... idea that schools and teachers stand in loco parentis over students while they are in school. S...
- Louisiana Law Review
- Nbr. 61-1, October 2000
- N.G. and S.G., as Parents and Next Friends of S.C., a Minor Child, Et Al., Plaintiffs-Appellants, v. State of Connecticut, Et Al., Defendants-Appellees., 382 F.3d 225 (2nd Cir. 2004)
... to act in the place of parents (in loco parentis) obliges it to take special care to prote... falters, the State must play its part as parens patriae.. In this respect, the juvenile's liberty ...
- Federal Circuits
- Attorney, Ohio Legislative Service Commission, Columbus, Ohio; J.D., The Ohio State University, 1999; B.A., The Ohio State University, 1995.
Introduction . II. Arbitration: Overview . III. Child Custody and Visitation . A. Case Law. B. Private vs. Public Dispute Resolution. IV. Spousal Support . A. Case Law. B. Power Imbalance. V. ADR and Family Law . VI. Conclusion .

..., these courts have pointed to their parens patriae 5 role as protector of children's best ... families have been induced to act in loco parentis. This assumes the court has the capacity ...
- Capital University Law Review