Attorney Loco Parentis: Fill & Download for Free

I see this question appeared 4 months ago. Most likely, the issue has been resolved.However, if it hasn't, consider that you may have more than a defamation complaint in the works here.Depending on the content of the rumor(s), you could have a civil rights complaint for harassment based on gender, sexual identity, race, disability, or other basis.The Fourteenth Amendment promises that all people will be treated equally under the law. If the school authorities failed to enforce this promise, they too are liable. Remember, schools are legally in loco parentis. Something that happens to you at school is their fault.Lawyers need to get paid, of course. If you see a civil rights attorney, you may get a break. Bullying is a serious issue these days. Too many school districts have announced: "It's not my job." That is not true.

Does Indian law require a guardian for adult women? NoDue to ignorance, the wrong terms were used instead of ‘local guardian’ or ‘local parent’ the word used was a mere guardian without any prefix, which is wrong.IN LOCO PARENTIS -- IN CARE OF LOCAL PARENTThe term “in loco parentis”, Latin for "in the place of a parent" or local parent refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, it is applied in two separate areas of the law.First, it allows institutions such as colleges and schools to act in the best interests of the students (male or female) as they see fit, although not allowing what would be considered violations of the students' civil liberties.Second, this doctrine can provide a non-biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent.There is, of course, a relation between the age of the child on the one hand and the teacher’s responsibility and liability for it on the other. The young child must obey the teacher, and the teacher may use the methods expected and tolerated in the community to control the child’s behaviour. Furthermore, the child’s physical safety is entrusted to the school and to the teacher, who thus become legally liable for the child’s safety, insofar as conributory negligence can be proved against them.The in loco parentis doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption._________________________Avinash Nagra Vs Navodaya Vidyalaya Samiti And Others In The SUPREME COURT OF INDIA On 30 SEPTEMBER 1996:“12. …………….Therefore, greater responsibility is thrust on the management of the schools and colleges to protect the young children, in particular, the growing up girls, to bring them up in disciplined and dedicated pursuit of excellence. The teacher who has been kept in charge, bears more added higher responsibility and should be more exemplary. His/her character and conduct should be more like Rishi and as loco parentis and such is the duty, responsibility and charge expected of a teacher.”---------V S Boys Higher Secondary School Vs Durairaj Another in the Madras High Court on 22 November 2007:“14. As per the principle of 'loco parentis' when a student at the adolescent age or childhood is sent to school by the parents, it is also the duty of the school authorities to play the role of the parents in safeguarding the students. The term 'loco parentis' in the Advanced Law Lexicon, P. Ramanatha Aiyer 3rd Edition, is defined as under:What is the meaning of a person in loco parentis? I cannot do better than refer to the definition of it given by Lord Eldon in ex parte Pye (18 Ves. 140). Lord Eldon says it is a person, in the situation of the person described as the lawful father of the child.' Upon that Lord Cottenham in Powys v. Mansfield 7 L.J. Ch.9 observes:'But this definition must, I conceive, be considered as applicable to those parental offices and duties to which the subject in question has reference viz., to the office and duty of the parent to make provision for the child. The offices and duties of a parent are infinitely various, some having no connection whatever with making a provision for a child; and it would be most illogical, from the mere exercise of any of such offices or duties by one not the father, to infer an intention of such person to assume also the duty of providing for the child.' so that a person in loco parentis means, person taking upon himself the duty of a father of a child to make a provision for that child" (per Jessel, M.R. Bennet v. Bennet 10 Ch D 477).By the expression a person in loco parentis' is meant a person who puts himself in the situation of a lawful father of the child, with reference to the father's office and duty of making provision for the child. Karnal Distillery Co. Ltd. v. Ladi Parshad Jaiswal, 202. [Indian Contract Act (9 of 1872), Section 16].”______________________GUARDIANSHIPThe word GUARDIAN is derived from Sanskrit word GURUJAN.A guardianship is a crucial legal tool that allows one person or entity to make decisions for another (the ward).Guardianship guarantee that the persons selected as gurdian, outside of some extenuating, disqualifying circumstance, will be there to take care of you in the event of some tragic accident or illness.GUARDIANSHIP OF INCAPACITATED OR DISABLED PERSONSCourts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.Suppose, for example, that a person is put into a coma from a car accident. Unless that person has a durable power of attorney and medical directives already in place before the accident, the court will appoint a guardian to make both financial and non-financial decisions for the comatose person.This is important because investments, real estate, etc. can lose their value over time if left unmanaged. There are also bills to pay – a guardian should make sure that excessive liabilities do not accrue during the period of incapacity.DISABILITIES AND GUARDIANSHIPMental and physical disability or incapacity can involve severe and long-term conditions that impose great limitations upon an individual's ability to take care of themselves, express themselves verbally, earn a living, and live independently of the care of others. Such a disability reflects the necessity for a combination of treatments and services.Guardianships for physically or mentally disabled or incapacitated persons have, in recent decades, been understood to facilitate the independence and self-reliance of the ward. Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity and self-reliance as possible. The desires of the wards are given primary consideration. Also, wards are allowed to do as much of their own caregiving as is physically and mentally possible.GUARDIAN POWERSGuardians are granted only those powers necessary to accomplish for the ward what the ward cannot accomplish independently. These powers may include:Assuring the availability and maintenance of care for the ward.Making financial decisions for the ward.Making medical decisions for the ward.Making sure that educational and medical services are maintained and adequate.Submitting updates to the court of the ward's condition. These court updates describe the ward's living situation, status of mental and physical health based upon medical examinations and official records, provide a list of services being received by the ward, describe services rendered by the guardian, account for the ward's monetary assets, and any other information necessary to submit to the court in order for it to assess the status of the ward and the guardian's duties.Guardians aren’t expected to micromanage a ward’s life, since they’re not providing caretaking services. One way to think of it is as a provision of decision-making services. Guardians step in when necessary to make decisions and give consent to things that the wards don’t have the capability of on their own. This is the limit of their duties.HOW IS A GUARDIAN CHOSEN?To be chosen, a guardian has to be qualified to serve. Jurisdictional, State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony (theft of land and goods) or gross (big) misdemeanor (petty crime) record implicating dishonesty (forgery, bribery, etc.). The guardian must themselves not be incapacitated, of course.The court will choose based on the express wishes of the ward – if the ward is able to express his or her wishes somewhat. If the ward is not able to express his or her wishes, then the court will make a determination based on pre-incapacity documents such as a durable power of attorney or a will, and if there’s no durable power of attorney available, then the courts typically prefer to appoint a spouse, parents, adult children, brothers, sisters, or other family members.

Of course, bathrooms are statutorily required and using them is not a privilege. Denying this right is a violation of the Fourteenth Amendment and a deprivation of liberty.As one court explained:[T]he right to defecate and to urinate without awaiting the permission of government, … are rights close to the core of the liberty guaranteed by the due process clause of the Fourteenth Amendment. When government undertakes to eliminate or to impair either or both of these rights, it should be required to make a strong showing of necessity for the restrictive measure.That case involved use of bathrooms and chamber pots in a Wisconsin hospital for the criminally insane, Flakes v Percy. This is not a privilege. It is a fundamental Constitutional right.Attorney Brian W. Freeman blogs about law. In 2013, Freeman posted Bathroom Rights. Section J addresses “School Children’s Rights”.Freeman views the situation you describe — use of the restroom treated as a privilege which is granted at the discretion of the government — as a vestige of corporal punishment. A strong critic of “forced retention of bodily waste” inflicted by adults on little boys and girls, Freeman writes:The rationale behind allowing teachers such power and control is that a schoolteacher stands in loco parentis to pupils who have been assigned to him, and may exercise powers of control, restraint, and correction to enable him to perform his duties as teacher and to accomplish the purposes of education.But that’s just an excuse, he says.He’s right.Freeman cites the 1987 case of Jefferson v. Ysleta School District, the case of a Texas teacher who tied a 2nd grade girl to a chair and would not let her use the bathroom, as punishment.Bathroom privileges? Not in this country.