In the State of California, there are no specific leaving a child home alone laws that provide a minimum age that a child can be left home alone. Instead, the situation will be analyzed based on the maturity of the child as well as their ability to handle emergencies.
In every state in the U.S., leaving a child home alone without supervision is illegal. Even though specific ages may not be provided, there are factors that can be used to determine when leaving a child home will be considered illegal, such as how long the child was left home alone and whether or not the parent acted with deliberate disregard for the safety of the child.
Many states, including California, do not provide a specific age at which it is legal to leave a child home alone. There are some guidelines that have been created by some states and the Department of Health and Human Services to help parents decide whether it may be appropriate to leave their child at home, including:
- A child age seven and under cannot be left home alone at home for any period of the time.
- This includes leaving the child unattended in a car, backyard, or on a playground.
- A child ages eight to 10 is permitted to be home alone only during daylight or early morning hours for no longer than one and one half.
- A child ages 11 to 12 can be left alone during the day for up to three hours but not late at night.
- A child ages 13 to 15 is permitted to be left unsupervised, but not overnight.
- A child ages 16 to 17 can be left unsupervised for up to two days.
A California lawyer can provide a more detailed analysis of how specific scenarios have been handled in the state and how a court is likely to view the specifics of an individual’s situation.
California Guidelines for Leaving a Child Home Alone
As previously noted, there are no specific laws stating an age when it is legal to leave a child at home alone in California. The California Department of Education, however, suggests that children under the age of 12 should not be left alone for extended periods of time.
The Department recommends considering the child’s age as well as maturity-based assessments that consider factors including their ability to call 911, remember their address, and their overall responsibility level. Being alone overnight is only generally advised for teenagers over the age of 16.
It is important to be aware that a parent may commit child neglect if they leave a child alone without supervision for an unreasonable amount of time or act with deliberate disregard for the well-being of the child. They may also violate negligent supervision laws if a child is left alone or unsupervised in certain situations.
This may include if the area is unsafe or the child is left home alone under dangerous circumstances, such as when the oven is left on. If a child is left home alone, their parent may also commit medical neglect of a child if they were in need of medical care and did not receive it.
If an individual has any questions about leaving their child home alone or what steps they should take to avoid legal issues if they do need to leave their child at home, for example, to go to work, it is important to schedule a lawyer consultation.
Legal Consequences of Leaving a Child Home Alone in California
An individual can face legal consequences if they leave their child home alone in California. If someone reports that a child has been left unattended, the California state agency responsible for child protection and child welfare, such as Child Protective Services (CPS), may come and investigate the claims made in the report.
A CPS investigation will include gathering facts that are relevant to the case. An investigator may interview the parents, the child, and anyone else who may have witnessed the reported incident. An investigator might also speak with anyone else whom they believe may have relevant information.
A parent or parents who left their child at home alone can face criminal penalties for child endangerment or abandonment. If the California child welfare agency determines that the parent or parents subjected the child to endangerment when they left them home alone, the agency may have the child removed from their home.
CPS may also file a petition in the family court to have the child removed from the care of their parent or parents.
Can You Go to Jail for Leaving a Child Home Alone in California?
Yes, an individual can go to jail if they leave their child home alone in California if it is considered to be child neglect or child endangerment. Instead of a specific age, the state uses a reasonable judgment standard, which means that leaving a child in unsafe conditions, regardless of their age, may result in misdemeanor or felony charges as well as criminal fines.
Child endangerment in California means leaving a child in a situation that is likely to cause great bodily injury or death. An individual can face charges even if the child is not harmed.
An individual in California can face child neglect charges if they do not provide proper food, shelter, care, or supervision. Either of these charges may result in a loss of child custody.
If the charges are a misdemeanor, the defendant may face up to one year in jail, criminal fines of up to $2,000, probation, and required counseling. If the charges are felony charges, an individual may face six years in prison, large criminal fines, and probation.
What Constitutes Child Abandonment Under California Law?
In California, criminal child abandonment is a criminal offense that is defined under the broader legal umbrella of child abuse and neglect, which includes:
- Not providing, without a lawful excuse, necessary food, clothing, shelter, or medical attention for a minor child
- Exposing a child to likely mental suffering, physical harm, death, or knowingly placing them in a dangerous situation
- Leaving an infant in an unsafe place, such as in a dumpster or on a doorstep
The State of California has a Safe Surrender Law which allows parents to safely surrender babies within 14 days of their birth to a hospital or another designated safe place without fear of facing criminal prosecution.
Do I Need a Lawyer for Child Abandonment Charges in California?
Having a lawyer represent you in court may mean the difference between keeping your child with you at home and having them placed with a foster family. Your lawyer will also be able to negotiate with the prosecution for a reduction in the charges against you in some situations.
If you are facing any type of charges related to leaving a child home alone in California, it is essential to reach out to a California criminal defense lawyer for help and advice.
Your attorney will be able to review the facts of your case, give you advice about your rights, and will represent you when you appear in court.
In just 15 minutes of your time, you can use the no cost lawyer-client matching services that are provided by LegalMatch to find a California criminal defense attorney in your area who can help you. Once you submit your concerns, in about one business day, you will get responses from licensed and prescreened California criminal defense attorneys with experience handling cases involving children being left home alone, so get started today.
