In loco parentis

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Definition

In loco parentis literally means "in place of a parent". This is a legal doctrine describing a relationship similar to that of a parent to a child. It refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person. In loco parentis is derived from English common law. [1]

In loco parentis gives a designated authority the legal right to act in a manner similar to that of a parent such as for teachers while the child or persons are under their care. A legal authority can act in loco parentis when enforcing the rules and regulations of the institution. People or institutions that stand in loco parentis to a child might be a foster parent, a county custodial agency, or a boarding school. [2,3]

Application in Healthcare

A person acting in loco parentis with legal authority to make health care decisions on behalf of the minor is the personal representative of the minor under the HIPAA Privacy Rule and, thus, is able to exercise all of the HIPAA rights with respect to the minor’s health information.

However, when the parent, guardian, or other person acting in loco parentis is not the personal representative of the minor child, there are a few restrictions to the application of their legal authority as it pertains to HIPAA Privacy rule:

(1) When State or other law does not require the consent of a parent or other person before a minor can obtain a particular health care service, and the minor consents to the health care service;

(2) When a court determines or other law authorizes someone other than the parent, guardian, or person acting in loco parentis to make treatment decisions for a minor; and

(3) When a parent, guardian, or person acting in loco parentis agrees to a confidential relationship between the minor and a health care provider. In such cases, it is only the minor, and not the parent(s), who may exercise the HIPAA rights with respect to the minor’s health information.[4]

Controversy in Computer Security

The Electronic Communications Privacy Act (ECPA) protects citizens from unauthorized access to personal electronic communications. In some cases, authority institutions have been accused of using the "in loco parentis" doctrine as a means of justifying their access to these communications. As of yet, this type of access has not been upheld in a court of law, and is seen as an unlawful violation of privacy when conducted without a legal warrant. The Lower Merion School District of Ardmore, Pa. was sued in 2010 for just a case. See ComputerWorld.com for a detailed article on the case. [5]

Resources

  1. Merriam-Webster, (2013). http://www.merriam-webster.com/dictionary/in%20loco%20parentis
  2. Law.Com Law Dictionary, http://dictionary.law.com/Default.aspx?typed=in+loco+parentis&type=1&submit1.x=86&submit1.y=20&submit1=Look+up
  3. Nolo's Plain English Law Dictionary, http://www.nolo.com/dictionary/in-loco-parentis-term.html
  4. U.S. Department of Health and Human Services, http://www.hhs.gov/ocr/privacy/hipaa/faq/health_information_technology/556.html, updated as of 12/15/2008.
  5. ComputerWorld.com, http://www.computerworld.com/s/article/9161958/Pa._school_spying_case_What_s_the_law_