Wallace v. Smyth

I respectfully disagree with the majority’s holding that in loco parentis status should not be extended to Maryville. Plaintiff alleged that Maryville was licensed to house, care for and educate wards of the state, its relationship with Waketta also entailed providing him with proper medication, discipline and supervision, and that “MARYVILLE ACADEMY acts as a contractual agent of the State of Illinois in caring for these children.” Based on these allegations, I believe that the trial court properly determined that Maryville stood in loco parentis to Waketta. I further would affirm the trial…