Mayberry v. Pryor’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'a child welfare service which provides substitute family care for a planned period for a child when his own family cannot care for him for a temporary or extended period, and when adoption is neither desirable nor possible.' " Smith v. Organization of Foster Families , 431 U.S. 816 , 823 , 97 S.Ct. 2094 , 2099 , 53 L.Ed.2d 14 (1977). "The goal of foster care is not to create a new 'family' unit or encourage permanent emotional ties between the child and foster parents. Foster care is designed to provide a stable, nurturing, noninstitutionalized environment for the child while the natural parent or caretaker attempts to remedy the problems which precipitated the child's removal or, if parental rights have been terminated, until suitable adoptive parents are found.”

   2 later decisions quote this exact passage
   e.g. 598 So. 2d 801 - Mitchell v. Davis · 856 So. 2d 859 - Kw v. Jg

2. “The clear judicial trend is to abolish or limit the availability of the parental immunity defense to both parents and other caretakers alike. We are similarly persuaded that the interests of the child outweigh those of the foster parents and that the parental immunity doctrine should not be further extended. We note, however, that parental immunity from tort liability can be statutorily extended to foster parents if the Legislature so desires.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Rourk v. State