Loco Parentis

Also found in: Idioms.

Loco Parentis

[Latin, The place of a parent.] A description of the relationship that an adult or an institution assumes toward an infant or minor of whom the adult is not a parent but to whom the adult or institution owes the obligation of care and supervision.

The term is usually designated in loco parentis.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

LOCO PARENTIS. In the place of a parent.
     2. It is frequently important in cases of devises and bequests, to ascertain whether the testator did or did not stand towards the devisee or legatee, in loco parentis. In general, those who assume the parental character may be considered as standing in that relation but this character must clearly appear.
     3. The fact of his so standing may be shown by positive proof, or the express declarations of the testator in his will, or by circumstances; as, when a grandfather; 2 Atk. 518; a brother; 1 B. & Beat. 298; or an uncle; 2 A. 492; takes an orphan child under his care, or supports him, he assumes the office of a parent. The law places a master in loco parentis in relation to his apprentice. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
At the collegiate level, in loco parentis predominately developed as a US approach to student affairs.
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.
In loco parentis had disappeared in a haze of pepper gas by the time Bev wrote her report two years later, but the inequities between women and men that she reported were much more damning.
Drawing on the concept of a narrative, this article describes three basic patterns underlying the roles and relationships between parents and educators in urban schools: the deficit, in loco parentis, and relational narratives.
In "Welcome to the Pun-Free University" (page 40), David Weigel reports on how the principle of in loco parentis has returned with a vengeance to the nation's colleges, strangling not only student freedom but most of the fun out of higher education.
Students sometimes give that answer: "You can't tell me what to do with my girl or boyfriend--you are not my mom!" In California, the legal concept of "in loco parentis" does exist.
(15) Parents (including guardians and persons acting in loco parentis) are considered to be the "personal representatives" of their un-emancipated minor children if they have the right to make health care decisions for them.
She even acted now and then, in loco parentis. Once I shoved a copy of Barbara Tuchman's The Guns of August, onto the adult check-out counter high above my head.
Exactly at what point did business become responsible for the conscience of American consumers and gain in loco parentis honors for their children?
The court found that Naumoff's in loco parentis status gave her standing to win joint custody, which prevented her from claiming she was not liable for support.