In Florida, there are not any specific leaving a child home alone laws that give minimum ages that children can be left home alone. Instead, situations where children are left home alone will be analyzed based on the maturity of the child and their ability to handle emergency situations.
In all states in the United States, leaving a child home alone without supervision is against the law. Although the law may not provide specific ages, there are certain factors that may be used to determine when leaving a child at home alone will be considered illegal, including how long the child was left by themselves and whether or not the parent acted with deliberate disregard for their child’s safety.
Florida’s Department of Child and Family Services (DCF) does provide guidelines about when it may be appropriate to leave children alone and for how long, based on their age. DCF recommends that children under 12 should not be left alone.
Florida’s DCF provides the following guidelines based on the child’s age:
- Under the age of 12: A child should not be left alone
- Between eight and 10 years: A child may be left for a short period, one to two hours during the day
- At least 12 years old: A child may be left alone for short periods of time, with preparedness
- Over the age of 15+: A child should be 15 years of age or older to be left along for longer periods of time
- 16 years or older: A child should be at least 16 years of age to stay alone overnight
A Florida lawyer will be able to give a more detailed analysis of how a specific scenario will be viewed by a court based on the specific details of a person’s situation.
Florida Guidelines for Leaving a Child Home Alone
As noted above, there are not any specific laws that prove the age at which it is legal to leave a child at home in Florida. The Florida DCF, however, suggests that children under the age of 12 should not be left alone.
Additionally, the DCF indicates that the primary factor in determining when a child can be left alone is their ability to handle responsibility. This can include their ability to tell time, lock doors, stay calm, and handle emergencies.
It is important to be aware that leaving a child without arrangements that are suitable for their age, physical, or mental state can be considered child neglect if it creates a substantial risk. Leaving a child alone may also violate negligent supervision laws if the child is subjected to obvious dangers, which can make the offense a felony.
This can include leaving a child home alone when the area is unsafe, for example, if there is something cooking in the oven. When a child is left home alone, their parent may be considered to have committed medical neglect of a child if the child was in need of medical care and did not receive it.
If a parent leaves a child at home when there is an obvious danger or if they are aware the child cannot handle crises, they are likely to face felony charges in Florida. If someone has any questions or concerns about leaving a child home alone in Florida or the steps they can take to avoid any legal issues when leaving their child at home, they should schedule a lawyer consultation.
Legal Consequences of Leaving a Child Home Alone in Florida
If someone leaves their child home alone in Florida, they can face legal consequences. If another person reports that a child was left unattended, the Florida state agency that is responsible for child protection and child welfare, for example, Child Protective Services (CPS), may investigate the claims that were made in the report.
An investigation made by CPS will include collecting facts that are relevant to the case. A CPS investigator may interview the child, their parents, and any other people who may have witnessed what was reported. A CPS investigator may also speak with any other individuals who they think may have information relevant to the case.
If a parent left their child home alone, they may face criminal penalties for abandonment or endangerment. If a Florida child welfare agency determines that the parent subjected their child to endangerment when they left the child home alone, the child protective agency may remove the child from the home.
Can You Go to Jail for Leaving a Child Home Alone in Florida?
Yes, someone can go to jail for leaving their child home alone in Florida if it is deemed to be child neglect or endangerment. Instead of using a specific age, Florida examines circumstances surrounding the case, meaning the charges may vary depending on the facts of the case.
The possible penalty an individual may face in Florida will depend on the charges they face, which may include:
- Aggravated Child Abuse: This offense is a first-degree felony
- If convicted, a defendant can face 30 years and a $10,000 criminal fine
- Child Neglect: This offense is a second-degree felony
- If convicted, a defendant may face 15 years incarceration and a $10,000 criminal fine
- Child Abuse or Neglect (Without Great Bodily Harm): This offense is a third-degree felony
- If convicted, a defendant may face five years imprisonment and a $5,000 criminal fine
What Constitutes Child Abandonment Under Florida Law?
In the State of Florida, child abandonment happens when a parent or guardian makes little or no provisions for the child’s support, including food, clothing, and shelter, willfully disregards the child’s welfare, safety, and health, or fails to establish a positive relationship or communicate. This is typically demonstrated by a lack of contact or a lack of financial support, often for an extended period of time, typically six months or more.
This type of conduct may result in severe penalties, such as felony charges, criminal fines, imprisonment, and loss of parental rights. In addition, abandonment may result in the termination of parental rights (TPR).
Do I Need a Lawyer for Child Abandonment Charges in Florida?
If you have an attorney representing you in court, it can be the difference between keeping your child in your home and them being placed with a foster family. Your Florida attorney can also negotiate with the prosecution to possibly reduce the charges against you in certain situations.
When you are facing any types of charges that are related to leaving your child at home alone in Florida, it is essential to consult with a Florida criminal defense lawyer for assistance and advice. Your criminal defense attorney can go over the facts of your case, provide you with advice about your legal rights, and represent you any time you appear in court.
If you have just 15 minutes, you can take advantage of the fee attorney-client online matching services that are provided by LegalMatch to find a Florida criminal defense lawyer near you who can represent you. Once you have submitted your question or issue on the website, in as little as one business day, you may start receiving responses from LegalMatch member attorneys in your area of Florida who can help you. There is no cost and no obligation to hire any lawyers who respond, so get started today.
