What does the term 'in loco parentis' exclude?

The term 'in loco parentis' refers to the legal responsibility of a person or organization to take on the functions and responsibilities of a parent. This concept typically applies to individuals who have been entrusted with the care and supervision of a child in the absence of the child's biological or legal parents.

A spouse of the child does not fit within the definition of 'in loco parentis' because this term specifically relates to those who are acting in place of parents, not to those who have a familial relationship to the child but do not take on parental responsibilities. Spouses, by definition, relate to adult relationships and do not fulfill the role or responsibility that a guardian, relative, or teacher could take as a caretaker for a child.

On the other hand, guardians, relatives, and teachers can assume roles that involve taking care of and making decisions for a child, placing them under the umbrella of 'in loco parentis.' This term is important because it highlights the duty of care that these individuals have, akin to what a parent would provide.