Every state in the United States has laws that make leaving a child home alone without supervision illegal. There are several factors that determine when leaving a child home alone is illegal. These include, among others, the duration of time the child is left home alone, and whether or not the parent acted with deliberate disregard for the child’s safety.
Some states provide a legal age to leave a child home alone. Most states however, do not. There are, however, some guidelines that have been provided by a collaboration of states and the Department of Health and Human Services to assist parents in making the decision to leave their child home alone. These guidelines include:
- A child age 7 and under cannot be left alone at home for any period of the time. This also includes leaving the child unattended in the car, backyard, or playground. This is a vulnerable age and leaving them unattended would be a high risk to their safety;
- A child ages 8 to 10 is permitted to be home alone only during daylight or early morning hours for no longer than 1 and ½ hours;
- A child ages 11 to 12 can be left alone during the day for up to 3 hours but not late at night;
- A child ages 13 to 15 is permitted to be left unsupervised, but not overnight; and
- A child ages 16 to 17 can be left unsupervised for up to 2 days.
What are the Legal Consequences of Leaving a Child Home Alone?
Leaving a child home alone is legally defined as when an adult with parental responsibility leaves the home and the child is left there unsupervised. Some states provide an age under which a child may not be left home alone. For example, pursuant to Maryland law, it is illegal for a child under the age of 8 to be locked or confined in the home while the caregiver is absent and the home is out of the caregiver’s sight.
Most states, however, as noted above, do not provide a specific age below which a parent is forbidden to leave a child home alone. The majority of states consider the child’s age as well as a variety of other factors. These may include:
- The emotional maturity of the child;
- The amount of time a child is left alone;
- For example, under Illinois law, a parent commits child neglect when they leave a child under 14 alone without supervision for an “unreasonable” period of time;
- Timelines: Generally, however, the length of a parent’s absence is not specified, but the longer it is, the more likely it is to be unacceptable. Running to the pharmacy for half an hour to pick up a prescription is regarded differently from leaving for an overnight shift. The longer the absence, the lower the expectation that the child can manage independently. Of course, the age of the child is also a factor. An older child may probably be left alone longer than a younger child.
- Whether the parent acted with a deliberate disregard for the well-being of the child;
- For example, in Illinois, a parent commits child neglect when the parent leaves the child home for an unreasonable period of time without regard for their safety, physical or mental health, or welfare;
- The safety of the area where the child resides;
- Whether the child is left home alone under dangerous circumstances, for example, when the front door is left open, or when the oven is running;
- Whether or not any arrangements have been made for the child’s safety while the parent is away;
- Such arrangements may include a parent leaving the child with a responsible individual while they are away. In most states, the responsible individual need not be 18 years or older. In some states, the responsible individual may be someone who is at least 14 years old. In other states, the responsible individual may be someone who is at least 15 or 16 years of age;
- Whether or not the child is familiar with the procedures to follow in the event of an emergency, such as a fire or a tornado; and
- Whether or not the child knows where and how to locate a parent who is outside of the home, for example, by using a cell phone.
It is important to note that, depending on the circumstances, an individual can go to jail for leaving a child home alone. In addition, if a parent is found legally responsible for a substantiated finding of child neglect they may get a permanent mark on their state’s child abuse registry.
What Happens If a Child Is Reported Left Home Alone?
If an individual reports that a child has been left unattended at home, the state agency that is responsible for child welfare, such as Child Protective Services, CPS, will likely investigate the claims made in the report. An investigation will consist of gathering the facts relevant to the case.
Investigators may question the parent or parents, the child, or any individuals who may have witnessed the incident. Investigators may also question other individuals they believe may have relevant information.
Evidence/Documents: The statements of the parent or parents, the child, any witness and other individual who may have relevant information, e.g. a child’s teacher, may be evidence in the case in a court of law. In addition, any relevant documents may be evidence. For example, if a parent rant to the local pharmacy for a prescription, a receipt or records from the pharmacy may be helpful. Any document that shows relevant information could be used as evidence.
The parent or parents who leave their child home alone may be subject to criminal prosecution for child abandonment or child endangerment. If the child welfare agency concludes that the parent or parents endangered their child by leaving them home alone or that they have deserted their child, the agency may have the child removed from the home. Alternatively, CPS may file a petition with a family court to have the child removed from the care of the parent or parents.
It is extremely important for an individual to be familiar with the guidelines for the state in which they live for leaving their child home alone. Although the child may appear ready, it may be illegal to leave them home alone without adult supervision. The consequences of leaving a child home alone vary by state but if a parent commits criminal neglect, in most states they would pay a fine or serve time in jail.
A court may not intervene unless it finds the child is being harmed. Although parenting their child is an individual’s fundamental right, a court will want to ensure the safety and well being of the child. Because of this, if the court finds any possible indication of parental neglect, it will likely investigate further.
What Constitutes Child Abandonment?
A parent or parents may be prosecuted for criminal child abandonment, if they abandon their child completely. Child abandonment includes the parent or parent’s desertion of the child. For example, child abandonment occurs when a parent intentionally leaves a child home alone without another responsible individual to supervise them and fails to return.
Or, it may occur when a parent leaves a child at a stranger’s door when no one is home. It may also occur when a parent leaves a child with a responsible adult for a long period of time and has no contact with the child.
Another criminal offense is criminal child neglect. Child neglect occurs when a parent fails to provide for a child in a way that puts the child at risk of harm. This could be perpetrated by a parent failing to provide for a child in a way that could result in physical, emotional, psychological, or educational harm. Leaving a child home alone could be criminal child neglect under certain circumstances.
The Importance of Hiring a Lawyer: An individual who has been charged with criminal child neglect or child abandonment needs a criminal defense lawyer to represent them. You always have a right to represent yourself, but these charges are serious and handling legal proceedings without an attorney can be challenging.
An attorney can provide guidance on your legal rights, navigate complex procedures, and advocate on your behalf. Without legal representation, you may be at a disadvantage in understanding and presenting your case effectively, something you do not want to risk.
Costs/Fees: A parent who is prosecuted for criminal child neglect or abandonment incurs costs in connection with the fact that they then must defend themselves in court. This means paying attorney’s fees for legal representation and possibly court costs and other related expenses. These costs can vary significantly depending on the state, the complexity of the case, and the legal representation. A person wants to consult a criminal defense lawyer for more information about potential costs of criminal defense.
If a parent abandons their child, the child may be permanently removed from the home of their parent or parents. Permanently removing a child from a home requires a court order. A family court judge who orders the removal may order that the child be placed with a relative or neighbor, if the court finds it in the best interest of the child to do so.
In order to place the child, the court must find that the relative or neighbor is a suitable parent for the child. The court must also find that the individual, such as the relative, intends to establish a sincere, loving, parent-child relationship with the child. The relative or neighbor must show the court that they understand the rights and responsibilities of becoming the parent of the child.
Do I Need a Lawyer If I Am Charged with Child Abandonment?
Yes, it is essential to have the assistance of an experienced criminal lawyer if you are facing any charges related to child abandonment or leaving your child home alone. An attorney can review your case, advise you of your rights, and represent you in court, if necessary. Having an attorney on your side can mean the difference between keeping your child at home and having them placed with another family.
