loco parentis doctrine (Ohio) · Go Syfert
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loco parentis doctrine in Ohio

7 Ohio opinions name it 2 courts 2002–2024 2 in the last five years

The cases below were cited by Ohio 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.

Followed or applied (5)

CaseFollowedCited
State v. Nogglegreen
ohio · 1993 · cited in 5 Ohio opinions naming this issue, 2002–2024
2 sentences

2024According to the Ohio Supreme Court, "'the term 'in loco parentis' means 'charged, factitiously, with a parent's rights, duties, and responsibilities.'" State v. Noggle, 67 Ohio St.3d 31, 33 (1993), quoting Black's Law Dictionary (6th Ed.1990).

2002They rely on State v. Noggle, which held that a “person in loco parentis has assumed the same duties as a guardian or custodian, only not through a legal proceeding.” State v. Noggle (1993), 67 Ohio St.3d 31, 33 , 615 N.E.2d 1040 .

15
Huston v. Koniecznygreen
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Clermont No. CA2016-10-070, 2017-Ohio-7804, ¶ 26 , quoting Huston v. Konieczny, 52 Ohio St.3d 214, 217 (1990).

11
Doe v. Kahrsgreen
ohctcomplclermo · 1995 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Fairfield No. 2003CA00068, 2004-Ohio-1767, ¶ 16 , citing Doe v. Kahrs, 75 Ohio Misc.2d 7, 10 (C.P.1995). {¶ 17} In this case, Baker failed to provide any evidence to indicate Bunker Hill -8- Butler CA2023-08-095 knew its resident, Howard, had a propensity to engage in the unlawful and negligent operation of a motor vehicle after sneaking off its property without its permission.

11
State v. Kaufmangreen
ohioctapp · 2010 · cited in 1 Ohio opinions naming this issue, 2023–2023
2 sentences

2023On the contrary, “an adult need not be the child’s parent in order to establish that the child felt obligated to obey him.” State v. Kaufman, 187 Ohio App.3d 50 , 2010-Ohio-1536 , 931 N.E.2d 143, ¶ 55 (7th Dist.).

2023On the contrary, “an adult need not be the child’s parent in order to establish that the child felt obligated to obey him.” State v. Kaufman, 187 Ohio App.3d 50 , 2010-Ohio-1536 , 931 N.E.2d 143, ¶ 55 (7th Dist.).

11
In Re Browngreen
wash · 2005 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018Cf. In re Brown, 153 Wash.2d 646, 652 , 105 P.3d 991, 994 (2005) (wherein the Washington Supreme Court stated that no case in that state “recognizes that nonparents are guaranteed the fundamental rights of parents under the doctrine of in loco parentis.”) Finally, the Ohio Supreme Court has aptly held that any departure from the doctrine of stare decisis demands special justification.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Shupe v. Childers, Unpublished Decision (3-31-2004) neutral
ohioctapp · 2004
1 sentence

2024Fairfield No. 2003CA00068, 2004-Ohio-1767, ¶ 16 , citing Doe v. Kahrs, 75 Ohio Misc.2d 7, 10 (C.P.1995). {¶ 17} In this case, Baker failed to provide any evidence to indicate Bunker Hill -8- Butler CA2023-08-095 knew its resident, Howard, had a propensity to engage in the unlawful and negligent operation of a motor vehicle after sneaking off its property without its permission.

12024–2024
Ross v. Wendel green
ohioctapp · 2017
1 sentence

2024Clermont No. CA2016-10-070, 2017-Ohio-7804, ¶ 26 , quoting Huston v. Konieczny, 52 Ohio St.3d 214, 217 (1990).

12024–2024
Rigby v. Lake County green
ohio · 1991
2 sentences

2023As such, these rulings are reviewed for an abuse of discretion: “a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 , 569 N.E.2d 1056 (1991).

2023As such, these rulings are reviewed for an abuse of discretion: “a trial court is vested with broad discretion in determining the admissibility of evidence in any particular case, so long as such discretion is exercised in line with the rules of procedure and evidence.” Rigby v. Lake Cty., 58 Ohio St.3d 269, 271 , 569 N.E.2d 1056 (1991).

12023–2023
Luby v. Da Silva green
wash · 2005
1 sentence

2018Cf. In re Brown, 153 Wash.2d 646, 652 , 105 P.3d 991, 994 (2005) (wherein the Washington Supreme Court stated that no case in that state “recognizes that nonparents are guaranteed the fundamental rights of parents under the doctrine of in loco parentis.”) Finally, the Ohio Supreme Court has aptly held that any departure from the doctrine of stare decisis demands special justification.

12018–2018

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2125.02 (4) OH § Ohio Rev. Code § 2151.06 (4) OH § Ohio Rev. Code § 2151.23 (4) OH § Ohio Rev. Code § 2151.353 (4) OH § Ohio Rev. Code § 2907.03 (4) OH § Ohio Rev. Code § 3109.04 (4) OH § Ohio Rev. Code § 3109.05 (4) OH § Ohio Rev. Code § 3111.01 (4) OH § Ohio Rev. Code § 3111.95 (4)

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.

Where else courts name it

MS 22 (2002–2025) PA 21 (1982–2023) NY 10 (1971–2026) WA 8 (1995–2020) TX 8 (1949–2009) NE 8 (1992–2025) OH 7 (2002–2024) FL 7 (1975–2015) KS 6 (1993–2024) NJ 6 (2002–2007) AR 6 (1997–2016) UT 5 (2001–2018) CA 5 (1984–2015) WV 5 (1982–2024) IA 4 (2015–2025) IL 4 (1987–2012) MI 4 (2010–2024) IN 4 (2011–2013) LA 2 (2015–2016) GA 2 (1980–1989) DE 2 (2010–2022) OK 2 (2019–2019) MD 2 (2015–2016) MO 2 (1981–2015) NH 2 (1999–2021) MA 2 (1990–2015) WI 2 (1994–2002)

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.

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