loco parentis requirement (New Jersey) · Go Syfert
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loco parentis requirement in New Jersey

6 New Jersey opinions name it 2 courts 2002–2007 0 in the last five years

The cases below were cited by New Jersey 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
Hardwicke v. American Boychoir Schoolgreen
nj · 2006 · cited in 2 New Jersey opinions naming this issue, 2006–2007
2 sentences

2006These are: (1) that "[i]n light of the language of the statute as supplemented by the definition of person in Title I [of the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1], the extrinsic evidence of legislative intent, and the State's strong policy to hold both active and passive child abusers accountable, we find that the [American Boychoir] School is a person under the passive abuse provision of the CSAA[,]" ante, 188 N.J. at 91, 902 A. 2d at 113 (2006); (2) that "the School's view of its role vis-à-vis its students is accurate and that there are more than sufficient indicia of the exerc

2006These are: (1) that "[i]n light of the language of the statute as supplemented by the definition of person in Title I [of the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1], the extrinsic evidence of legislative intent, and the State's strong policy to hold both active and passive child abusers accountable, we find that the [American Boychoir] School is a person under the passive abuse provision of the CSAA[,]" ante, 188 N.J. at 91, 902 A. 2d at 113 (2006); (2) that "the School's view of its role vis-à-vis its students is accurate and that there are more than sufficient indicia of the exerc

12
Cumberland County Bd. v. WJPgreen
njsuperctappdiv · 2000 · cited in 2 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002"The proper definition of a person in loco parentis to a child is a person who means to put himself [or herself] in the situation of the lawful father [or mother] of the child with reference to the father's [or mother's] office and duty of making provision for the child." [ Id. at 365-66, 755 A. 2d 1171 (citations omitted).] The in loco parentis principle is a venerable concept.

2002“The proper definition of a person in loco parentis to a child is a person who means to put himself [or herself] in the situation of the lawful father [or mother] of the child with reference to the father’s [or mother’s] office and duty of making provision for the child.” \Id. at 365-66, 755 A.2d 1171 (citations omitted).] The in loco parentis principle is a venerable concept.

12
Mattete v. United Statesgreen
dc · 2006 · cited in 1 New Jersey opinions naming this issue, 2006–2006
1 sentence

2006These are: (1) that “[i]n light of the language of the statute as supplemented by the definition of person in Title I [of the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1], the extrinsic evidence of legislative intent, and the State’s strong policy to hold both active and passive child abusers accountable, we find that the [American Boychoir] School is a person under the passive abuse provision of the CSAA[,]” ante, 188 N.J. at 91, 902 A.2d at 113 (2006); (2) that “the School’s view of its role vis-á-vis its students is accurate and that there are more than sufficient indicia of the exerci

11
Mhb v. Htbgreen
nj · 1985 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., M.H.B. v. H.T.B., 100 N.J. 567 , 498 A.2d 775 (1985); Miller, supra; A.K., supra; N.M., supra. There is no authoritative history in New Jersey of the in loco parentis principle being applied outside of a family-type setting, and there is a paucity of reported cases in other jurisdictions applying the concept that broadly.

2002See, e.g., M.H.B. v. H.T.B., 100 N.J. 567 , 498 A.2d 775 (1985); Miller, supra; A.K., supra; N.M., supra. There is no authoritative history in New Jersey of the in loco parentis principle being applied outside of a family-type setting, and there is a paucity of reported cases in other jurisdictions applying the concept that broadly.

11
Miller v. Millergreen
nj · 1984 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002"The proper definition of a person in loco parentis to a child is a person who means to put himself [or herself] in the situation of the lawful father [or mother] of the child with reference to the father's [or mother's] office and duty of making provision for the child." [ Id. at 365-66, 755 A. 2d 1171 (citations omitted).] The in loco parentis principle is a venerable concept.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Fb v. Alg green
njsuperctappdiv · 2002
2 sentences

2003The Appellate Division concluded that “as a matter of law, in the absence of a family-like structure or extraordinary circumstances, the in loco parentis principle and its waiver or estoppel effects may not be used as a surrogate for biological parenthood.” F.B., supra, 350 N.J.Super. at 400 , 795 A.2d 331 .

2003The Appellate Division concluded that “as a matter of law, in the absence of a family-like structure or extraordinary circumstances, the in loco parentis principle and its waiver or estoppel effects may not be used as a surrogate for biological parenthood.” F.B., supra, 350 N.J.Super. at 400 , 795 A.2d 331 .

22003–2003

Where else courts name it

MS 22 (2002–2025) PA 20 (1982–2023) NY 10 (1971–2026) WA 8 (1995–2020) TX 8 (1949–2009) NE 7 (1992–2025) OH 7 (2002–2024) FL 7 (1975–2015) AR 6 (1997–2016) KS 6 (1993–2024) NJ 6 (2002–2007) CA 5 (1984–2015) WV 5 (1982–2024) UT 5 (2001–2018) IN 4 (2011–2013) IL 4 (1987–2012) MI 4 (2010–2024) IA 4 (2015–2025) NH 2 (1999–2021) GA 2 (1980–1989) WI 2 (1994–2002) OK 2 (2019–2019) MO 2 (1981–2015) LA 2 (2015–2016) DE 2 (2010–2022) MD 2 (2015–2016) MA 2 (1990–2015)

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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