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7 Illinois opinions name it 2 courts 1978–2002 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wallace v. Smythgreen2 sentences2001Wallace, 301 Ill.App.3d at 80-81 , In Nichol, 192 Ill.2d at 244 , 248 Ill.Dec. 931 , 735 N.E.2d 582 , the supreme court held that a limited form of parental immunity should be available in negligence actions against foster parents. 2001The court in Nichol found that a limited form of parental immunity applied to foster parents despite the fact that “the relationship between a foster parent and a foster child, like the relationship between a teacher and a student, is not permanent and may even be relatively brief.” Nichol, 192 Ill. 2d at 246 ; see also Wallace, 301 Ill. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nichol v. Stass
green
2 sentences2002JUSTICE FITZGERALD delivered the opinion of the court: The issue in this case is whether, in the wake of our decisions to retain a limited form of parental immunity in Cates v. Cates, 156 Ill. 2d 76 (1993), and to extend this immunity to foster parents in Nichol v. Stass, 192 Ill. 2d 233 (2000), the defendants, a residential child care facility and seven of its employees, enjoyed a similar immunity from the plaintiffs negligence claims after her son died in their care. 2002In my opinion, Nichol v. Stass, 192 Ill. 2d 233 (2000), which extended a limited form of parental immunity to foster parents in negligence actions, is controlling. | 5 | 2000–2002 |
Cates v. Cates
green
2 sentences2002Justice FITZGERALD delivered the opinion of the court: The issue in this case is whether, in the wake of our decisions to retain a limited form of parental immunity in Cates v. Cates, 156 Ill.2d 76 , 189 Ill.Dec. 14 , 619 N.E.2d 715 (1993), and to extend this immunity to foster parents in Nichol v. Stass, 192 Ill.2d 233 , 248 Ill.Dec. 931 , 735 N.E.2d 582 (2000), the defendants, a residential child care facility and seven of its employees, enjoyed a similar immunity from the plaintiff's negligence claims after her son died in their care. 2002JUSTICE FITZGERALD delivered the opinion of the court: The issue in this case is whether, in the wake of our decisions to retain a limited form of parental immunity in Cates v. Cates, 156 Ill. 2d 76 (1993), and to extend this immunity to foster parents in Nichol v. Stass, 192 Ill. 2d 233 (2000), the defendants, a residential child care facility and seven of its employees, enjoyed a similar immunity from the plaintiffs negligence claims after her son died in their care. | 3 | 2001–2002 |
Wallace v. Smyth
green
2 sentences2002Those are exactly the types of duties and responsibilities found in Cates and Nichol to be inherent to the parent-child relationship. * * * Both Cates and Nichol make clear that what matters most for purposes of extending immunity is whether the party to whom it is being extended exercises a substantial amount of parental discretion in discipline, supervision, and care of minors. * * * [W]e cannot say that there is meaningful difference between foster parents and residential child care institutions such as *984 Maryville so as to preclude the limited form of parental immunity discussed in Cate 2002Those are exactly the types of duties and responsibilities found in Cates and Nichol to be inherent to the parent-child relationship. ***** Both Cates and Nichol make clear that what matters most for purposes of extending immunity is whether the party to whom it is being extended exercises a substantial amount of parental discretion in discipline, supervision, and care of minors. *** [W]e cannot say that there is meaningful difference between foster parents and residential child care institutions such as Maryville so as to preclude the limited form of parental immunity discussed in Cates and N | 2 | 2002–2002 |
Commerce Bank v. Augsburger
green
2 sentences2001Relying on reasoning developed in Cates v. Cates, 156 Ill.2d 76 , 189 Ill.Dec. 14 , 619 N.E.2d 715 (1993), and Commerce Bank v. Augsburger, 288 Ill.App.3d 510 , 223 Ill.Dec. 872 , 680 N.E.2d 822 (1997), Nichol extends a limited form of parental immunity to foster parents. 2001App. 3d 510 , 680 N.E.2d 822 (1997), Nichol extends a limited form of parental immunity to foster parents. | 2 | 2001–2001 |
Goller v. White
green
2 sentences2000It should be noted that one of the decisions cited favorably by Cates, Goller v. White, 20 Wis. 2d 402 , 122 N.W.2d 193 (1963), recognized a limited form of parental immunity in an action against a foster parent. 2000It should be noted that one of the decisions cited favorably by Cates, Goller v. White, 20 Wis. 2d 402 , 122 N.W.2d 193 (1963), recognized a limited form of parental immunity in an action against a foster parent. | 2 | 2000–2000 |
Nudd v. Matsoukas
green
1 sentence1978(Kobylanski v. Chicago Board of Education (1976), 63 Ill. 2d 165 ; Mroczynski v. McGrath (1966), 34 Ill. 2d 451 ; Nudd v. Matsoukas (1956), 7 Ill. 2d 608 .) In 1965, the General Assembly enacted sections 24—24 and 34—84a of the School Code, which had the effect of extending this limited form of parental immunity to teachers and other certificated educational employees. | 1 | 1978–1978 |
Kobylanski v. Chicago Board of Education
green
1 sentence1978(Kobylanski v. Chicago Board of Education (1976), 63 Ill. 2d 165 ; Mroczynski v. McGrath (1966), 34 Ill. 2d 451 ; Nudd v. Matsoukas (1956), 7 Ill. 2d 608 .) In 1965, the General Assembly enacted sections 24—24 and 34—84a of the School Code, which had the effect of extending this limited form of parental immunity to teachers and other certificated educational employees. | 1 | 1978–1978 |
Mroczynski v. McGrath
green
1 sentence1978(Kobylanski v. Chicago Board of Education (1976), 63 Ill. 2d 165 ; Mroczynski v. McGrath (1966), 34 Ill. 2d 451 ; Nudd v. Matsoukas (1956), 7 Ill. 2d 608 .) In 1965, the General Assembly enacted sections 24—24 and 34—84a of the School Code, which had the effect of extending this limited form of parental immunity to teachers and other certificated educational employees. | 1 | 1978–1978 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.