Legal Opinion · Dissent

Nichol v. Stass

Illinois Supreme Court

Decided August 10, 2000No. 86065Published

1Dissent

JUSTICE FREEMAN,

also dissenting:

The court today resolves the critical question of subject matter jurisdiction on the basis of an incomplete record on appeal. The court today also concludes that the state does not have a nondelegable duty to provide for the care of children placed in foster homes. Rather, the state’s duty is merely to “provide placement, to institute procedures, *** [and] to exercise general authority over foster children.” 192 Ill. 2d at 243. Lastly, the court today holds that foster parents stand in loco parentis to their foster children and, with certain exceptions, are…

2Cases cited22 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
  3. Hutchinson ex rel. Baker v. SpinkCourt of Appeals for the Seventh Circuit · 1997
  4. Kathy Jo Taylor, a Minor, by and Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d.Court of Appeals for the Eleventh Circuit · 1987
  5. Healy v. VaupelIllinois Supreme Court · 1990

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