New York law does not state a specific age at which a child can be legally left alone at home. Leaving a child home alone laws in a few states in the U.S., e.g. Maryland, provide a specific age that a child must reach before they can be left alone without adult supervision.
In Maryland, leaving a child home alone is illegal if the child is less than 8 years old. The person who is responsible for the child’s care, usually their parents, could be charged with a misdemeanor criminal offense, punishable by the payment of a fine and time in jail, if they were to do so.
This is not the case in New York. New York family law defines “child neglect” as creating the risk of physical, mental, or emotional harm, i.e., placing a child in imminent danger, because a caregiver fails to provide a minimum necessary amount of adult supervision.
A lawyer consultation with a New York lawyer would help a person understand the complexities of New York child neglect law and when it allows them to leave their child home alone.
Under negligent supervision laws in New York, a parent’s (or guardian’s) failure to provide the minimum necessary adult supervision can amount to child neglect or child endangerment. Whether a degree of supervision is appropriate for a particular child is something that authorities determine in each case that comes before them. A court would not generally assume that a child has been neglected if they have been left alone.
Rather, authorities assess whether the action of a parent or guardian, under the circumstances that existed at the time, created a substantial risk of harm to the child, because the child was left without adequate supervision or child protection. If authorities think the action did create a significant risk of harm, they may decide that the parent’s decision was unreasonable.
Failing to get the medical care that a child needs can make a parent or guardian guilty of medical neglect of a child. For example, it may be medical neglect for a parent to do any of the following:
- Delay getting medical attention for the child when required
- Not react to clear symptoms of a child’s physical injury, physical illness, or mental health issues by getting medical help
- Ignore a licensed doctor’s recommendations when it puts the child’s health at risk
- Get competent medical attention for a child in an appropriate setting, e.g. an emergency room, only when the child has developed a serious illness or is near death
- Allow a child to be absent from school too often because of chronic illness.
Of course, letting a child miss school too often when it is not really medically necessary could be a big problem. It could qualify as truancy in New York. A child’s parents can be charged with a criminal offense for their child’s truancy, although this is not likely if their violation is their first. Their child might have to appear in juvenile court because of their truancy.
What Are the New York Guidelines for Leaving a Child Home Alone?
The failure of a legal caregiver to provide the minimum necessary care for a child can include not providing the appropriate kind of supervision. Whether supervision is appropriate is something that courts determine in each case based on the circumstances of the case.
A court would not assume that a child has been neglected, if they have been left alone solely on the basis of their age. Instead, authorities evaluate the action in the circumstances that were present at the time. They would determine whether leaving the child alone created “a substantial risk of harm to the child.” If a court determines that it did create a substantial risk of harm to the child, the court would find that the parent’s decision was unreasonable.
When deciding if their child can be left home alone, parents should consider the same factors that a court or Child Protective Services (CPS) would consider. The child’s age is one important factor to consider. The child’s maturity level, e.g. whether the child is responsible, can follow rules, and makes sound judgments, is another big factor.
The child’s ability to handle potential emergencies is another factor to weigh. A child should know how and when to call 911, be able to give their address to authorities, and know how to contact a trusted adult. The safety of the physical environment, e.g. having operable smoke detectors, is also something to take into account.
What Are the Legal Consequences of Leaving a Child Home Alone in New York?
If someone believes a child is being neglected by being left alone, they can make a report to the Statewide Central Register of Child Abuse and Maltreatment (SCR). If a report is accepted, it is communicated to the local Child Protective Services (CPS) agency. The local CPS must begin investigating within 24 hours.
The CPS agency must make a decision after concluding its investigation within 60 days. If CPS feels that there is not good evidence of neglect, the report is classified as “unfounded.” A report is noted as “indicated,” if there is good evidence to support the report.
The CPS agency seals an unfounded report. A report noted as an “indicated” report is kept on file. It might lead to CPS offering voluntary services to the parent or parents, or, possibly, the filing of a neglect petition in New York Family Court.
Can You Go to Jail for Leaving a Child Home Alone in New York?
Leaving a child under the age of 18 alone at home may constitute child neglect under New York law, because neglect includes failing to provide adequate supervision or support. In New York, “failure to support” a child is a Class E felony.
The sentencing range for a Class E felony is 1 to 4 years of imprisonment and/or payment of a fine of up to $5,000. The court may sentence a defendant to probation instead of imprisonment, especially for a 1st offense.
Child endangerment occurs when a parent or any other person who has legal custody of a child does any of the following:
- Physical Injury: Acts in a in a way that is likely to cause physical injury to the child
- Hazardous Job: Allows the child to work in a job that is hazardous
- Failure to Protect Child: Fails to exercise proper control of the child, so the child experiences neglect or abuse as defined by a New York Family Court
- Abandonment: Abandons the child without providing care for the child’s welfare.
In certain circumstances leaving a child home alone may constitute endangerment. In New York, endangering the welfare of a child is a Class A misdemeanor. The punishment is up to 1 year in jail and payment of a fine of $1,000. So it is possible for a parent to go to jail for leaving a child home alone under certain circumstances.
What Constitutes Child Abandonment Under New York Law?
Determining whether an act qualifies as abandonment depends on the child’s age, the length of time they are left without care, and whether there was a clear intent to forsake parental responsibilities.
The age of a child is a major factor in a court’s determination of whether the parent or guardian has abandoned the child. In New York, a child under the age of 14 is usually regarded as unable to care for themselves for lengthy periods of time. Leaving them alone and unsupervised might lead to criminal consequences.
Cases that involve leaving infants and toddlers alone and unsupervised are more likely to result in criminal charges for the parent or guardian of the child. In addition, courts evaluate factors other than the child’s age, such as the following:
- Child’s Maturity: The maturity of the child
- Child’s Health: The physical and mental health of the child
- Ability to Summon Help: The child’s ability or lack of ability to request help in an emergency.
For example, a court would almost certainly regard leaving a 4-year-old alone for a night as abandonment. On the other hand, leaving a 13-year-old at home for a short period under reasonable circumstances, e.g. to run to the nearby pharmacy to pick up a prescription, might not qualify. Of course, the younger a child is, the more likely a court is to view the absence of a parent while the child is alone as dangerous and unlawful.
Do I Need a Lawyer for Child Abandonment Charges in New York?
If you have been charged with child abandonment, neglect or endangerment, you want to speak to a New York criminal defense lawyer right away. Your attorney will get all the facts of the situation that led to the charges. They can then help you argue that under the circumstances of your situation, your actions were reasonable and you are clearly a responsible parent.
New York law does give parents the room to make decisions that work for their situation, and your lawyer can make sure you get full credit for the appropriate decisions you have made.
