Lets say a child is left in the care of a school, camp, or similar organization. At some point, against the instructions of the guardians involved, the child proceeds to walk out of the building and away from all individuals charged with their protection.

Can the camp use physical force to prevent the child from leaving without being guilty of an assault due to their use of force? If a camp can not prevent the child from leaving then what is their responsibility for the safety of the child? If the child gets harmed after willfully leaving the guardians tasked with protecting them are the guardians guilty of a lack of due diligence in protecting the child?

Does the age of the minor matter? For instance picking up a toddler who is wandering away from a day care seems an acceptable use of force to protect the minor, but trying to prevent a 15 year old from walking away from a high school seems like it would require an excessive use of force.

I'm asking both about a school system and about non government bodies, like a camp or day care, charged with caring for a child.

  • 2
    My understanding is that schools and camps and such are considered to be in loco parentis, so they can do whatever a parent could legally do. That doesn't quite answer the question, though. – Nate Eldredge Jun 29 at 21:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.