How old can a child stay home alone in texas

Child Supervision

The kind of supervision children need depends on their age, maturity, abilities, and surroundings. Here is a guide to keeping children safe with proper supervision.

• How old does my child need to be to stay home alone?
• Can I leave a child alone in my car for a short period of time?
• What is neglectful supervision?

How old does my child need to be to stay home alone?

Answer: Texas law doesn't say what age is old enough for a child to stay at home alone. However, adequate supervision is critical to keeping kids safe. An adult caregiver is accountable for the child's care and inadequate supervision can be a type of neglect (neglectful supervision). Here are some of things you should think about when deciding how closely to supervise a child:

• How old, emotionally mature, and capable is your child?
• What is the layout and safety of the home, play area, or other setting?
• What are the hazards and risks in the neighborhood?
• What is your child's ability to respond to illness, fire, weather, or other types of emergencies?
• Does your child have a mental, physical, or medical disability?
• How many children are being left unsupervised?
• Do they know where you are?
• Can they contact you or other responsible adults?
• How long and how often is the child (or children) left alone?

Can I leave a child alone in my car for a short period of time?

Answer: No. Do not leave a child in a motor vehicle for any length of time.  If children are trapped inside cars, especially in hot weather, they can suffer from heat exhaustion or heat stroke in a matter of minutes, leading to permanent disability or death.

Heat stroke, also known as hyperthermia, can cause shock, seizures, irregular heartbeat, and heart attack, as well as brain, liver, and kidney damage.

Leaving a child unattended in a car is a crime that is punishable under the Texas Penal Code, Title 5, Chapter 22, Section 10, Leaving a child in a vehicle:

(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:

(1) younger than seven years of age; and

(2) not attended by an individual in the vehicle who is 14 years of age or older.

(b) An offense under this section is a Class C misdemeanor.

Leaving a child unattended in a car is also a form of neglectful supervision that is investigated by Child Protective Services.

What is neglectful supervision?

Answer: When children are not adequately supervised, it may be considered “neglectful supervision”.

Neglectful supervision means "placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child."

Neglectful supervision is also defined as "placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child."

Neglectful supervision accounts for more than half all confirmed abuse or neglect in Texas. Neglectful supervision accounted for 75 percent of all confirmed child victims of abuse or neglect in 2011. 

Call the Texas Abuse Hotline at 1-800-252-5400 if you suspect a child has been abused or neglected or have any questions about a situation you think might be abuse or neglect.

In an emergency situation, call local law enforcement or 911 immediately.

Is it illegal to leave a child alone at home or in a car in Texas?

Criminal

By Benson Varghese

Last Updated: June 24th, 2021

Published on: March 22nd, 2016

Table of Contents

1

Many parents face child care issues and, sometimes, they believe they have no other option but to leave their child alone at home while they go to work or run a quick errand. Similarly, it’s not uncommon for parents to leave their children in the car while they run into a store or restaurant.

But is it illegal to leave a child alone at home or in a car? The short answer: it depends.

Depending on the circumstances and the age of a child, leaving a child alone at home or in a vehicle can lead to an arrest and serious consequences. In Texas, charges that could stem from leaving a child alone or in harms way include abandoning a child, endangering a child, or leaving a child in a vehicle. Abandoning and endangering are two separate felony offenses that apply to children under the age of 15. Leaving a child in a vehicle applies to children under the age of 7. Here’s a breakdown of all three offenses.

Texas law doesn’t specify what age is old enough for a child to stay home alone. However, if you decide to leave a child under 15 at home alone and something bad happens – such as a fire, injury or crime – you could find yourself facing criminal abandonment charges.

Texas law describes child abandonment as leaving a child without providing reasonable and necessary care for the child – circumstances under which no reasonable, similarly situated adult would have left a child of that age and ability.

Under Texas Penal Code 22.041(b), a person commits an offense if, having custody, care, or control of a child younger than 15 years, he or she intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

There are different degrees to this offense, depending on the facts and circumstances of the case:

If the individual abandoned the child but intended to return, it is a state jail felony punishable by six months to 2 years in a state jail facility and a potential fine up to $10,000.

If the individual abandoned the child and did not intend to return, it is a third-degree felony punishable by imprisonment of 2 to 10 years and a potential fine of up to $10,000.

If the individual abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment, it is a second degree felony punishable by 2 to 20 years imprisonment and a potential fine of up to $10,000.

Under Texas Penal Code 22.041(c), a person commits child endangerment if he or she intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. Child endangerment is generally punished as a state jail felony, punishable by six months to 2 years in a state jail facility.

For example, leaving methamphetamine in a child’s presence or leaving a handgun within a child’s reach could constitute child endangerment. It’s also not uncommon to hear about people being charged with child endangerment after leaving children locked in hot cars in the summer.

Notice for endangering a child, there is no requirement for the child to have been under the care, custody, or control of the actor. Additionally, the child must be placed in imminent danger.

Under Texas Penal Code 22. 10, it is illegal to leave a child alone in a motor vehicle for more than five minutes, if the child is younger than 7 and is not accompanied by someone 14 or older.

This offense is a Class C misdemeanor, which carries a punishment range of up to $500.

What should you do if police suspect you endangered a child?

If police suspect you of abandoning or endangering a child, you should contact an attorney before talking to a detective or an officer. This is the single most important thing to remember if you are accused of a crime. Most people don’t realize that police are allowed to lie to you and are trained to elicit the answers they want from a suspect.

It’s also likely that Child Protective Services will become involved in the investigation. Again, it’s important to consult an attorney before talking to CPS. Anything you say to CPS will be given to law enforcement and can potentially be used against you and could also jeopardize custody of your children.

Contact us

As you can see, it can be illegal to leave a child alone and in a car in certain circumstances. If you or a loved one is facing child abandonment or neglect or leaving a child in a vehicle, call us today at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. We have decades of experience and exceptional results handling cases involving crimes against children. During this call we will:

• Discuss the facts of your case;
• Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
• Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

You can also contact us online.

Is it possible to leave a child at home alone in the US? What does the law say?

Can I leave my child at home alone in the US? - This is a question Russian-speaking parents from different American states ask each other all the time.

It is believed that in the USA children have always been under the supervision of their parents, there is overprotection, and “here we once ran from dawn to dusk alone…” from a very early age: they themselves got home from school, walked on their own and alone waited for their parents from work.

Since they carried the keys to the house with them (sometimes around their necks, as we did in our Soviet childhood), they even received a special designation Latchkey Kid . Or “kid with a lock”, “child-master key”.

It is believed that this term appeared in 1942, when the Americans entered World War II: there were no men at home, and mothers had to work hard.
Since then, the US has been following the statistics, believing that a large percentage of latchkey Kid indicates the unsatisfactory economic condition of the state or even the country as a whole.

Although the conclusions from numerous studies over the past seventy years have been very different. For example, one study found that 90,008 middle school students (approximately sixth through eighth grades) who stayed at home alone for at least three hours had higher levels of behavioral problems, were more likely to suffer from depression, and showed lower levels of self-esteem than those students who almost did not stay at home alone.

However, a positive effect of the fact that the child spends time without supervision can be independence and self-confidence - this is also shown by research.

Approximately 46% of parents in the US currently work full-time outside the home. By the way, in 1970 this figure was 31%.

At the same time, according to the University of California (Irvine), American children are now much safer than ever before. Sociologists at this university conducted their own research in 2016. In their opinion, 90,008 parents' fears of children left at home alone have been systematically exaggerated in recent decades. And this happened not because this practice became more dangerous, but because it became socially unacceptable. You can read more about the study at the link, however, only in English.

No, no, yes, the American press will tell about another arrest of parents (usually mothers) for leaving children of different ages unattended.

So, in December 2018, Taylor Cumings was arrested for leaving her two sons, aged 4 and 7, while she went to work.
Danielle Lena Pearson went to jail for leaving three children unattended, the youngest of whom was six months old and the oldest four years old. She was not at home for more than two hours.

And Susan Terrillion got into the police because her children, eight and nine years old, were left at home alone while she ran to pick up food ordered for them. She was away from home for about 45 minutes.

The stories described above happened in different states. In some, they could not have happened at all, because state laws do not specify the age at which a child can be left unattended. In some cases, leaving a child even for a short time can lead to very serious consequences.

Today the SAFEKIDS National Campaign recommends that no child be left alone at home unless they are twelve years old.

But

Only three states in the country have laws that set minimum age limits.

The other 47 states do NOT have this age in their laws.

Alabama
The state has a child neglect law. It states, “neglect or abuse of a child includes failure to provide adequate food, clothing, housing, medical care or supervision.” There is no explanation for "supervision".

Alaska
The State Department of Health and Human Services believes that parents can make their own decisions: “There are no consistent community standards that describe when and under what circumstances children may be left alone or in the care of other children. Parents should decide for themselves when it is safe and appropriate. The level of maturity and experience of each child is different, and parents should take this into account when making a decision. ”

Arizona
Arizona State Law states: “A parent is responsible for the decisions he or she makes regarding their children being left alone. However, the law requires the Arizona Department of Economic Security, Department of Child Safety (DCS) to investigate reports of neglect that include a lack of follow-up if a child is at an unreasonable risk of harm.”
In general, keep as much as you like if you feel like it, but be prepared for the fact that if something happens, you will be punished.

Arkansas
Some public schools have rules about what age a child can walk from a school bus to their home on their own. This is usually nine years or older. State parents are also discouraged from leaving children in the care of siblings or anyone under the age of 13.

Idaho
Complete lack of information online.

Iowa
The State Department of Human Services website states: “State law does not specify an age at which a child may be left alone. Every situation is unique.”

Wyoming
There are no rules or guidelines on this topic.

Washington.
According to the Washington State Department of Human and Human Services, there are no laws or regulations on how best to leave a child at home alone, but “in general, children under the age of 10 should not be left unsupervised, and children and younger children should not be left alone even for a few minutes.”

Virginia
The State Department of Human Services website states: “Virginia law does not specify an age beyond which a child can legally be left alone. Age alone is not a good indicator of a child's level of maturity. Some very mature 10 year olds may be ready for self care, while some 15 year olds may not be ready due to emotional issues or behavioral difficulties.”

West Virginia
The West Virginia children's handbook says, “…age alone is not a very good indicator of a child's maturity level. ” State parents must make their own decision based on the child's maturity level.

Wisconsin
Various state and city agencies seem to think that 12 is the legal age. “There is no magic age… But there are signs that your child may be ready, such as if your child can get ready for school on time, do homework without much help, and talk to you about their feelings….”

Vermont
The Vermont Department of Children and Families website states: “There is no generally accepted age… Guardians and parents should consider the child’s physical, mental, developmental, and emotional maturity and needs, as well as their readiness to be alone. Adults need to be sure that children have the skills and maturity to handle uncontrollable situations safely. It is not recommended to do this before the age of 11.”

Hawaii
State guidance refers to the recommendation of the American Academy of Pediatrics and says that children should be supervised until at least eleven, preferably twelve.

Georgia
According to the State Department of Human Services, Georgia does not have child care laws, but local child welfare agencies have guidelines that they follow. And they are: children under eight cannot be left alone. Children between the ages of 9 and 12, depending on the level of maturity, may be left alone for no more than two hours. Children aged 13 and over, provided they are developing for their age, may be left alone and even babysit with parental permission up to twelve hours a day.

Delaware
The state does not have a law governing the age of a child, but local child welfare agencies will investigate any report that a child under 12 years of age has been left at home alone.

Illinois
C Illinois laws are among the most stringent in the US when it comes to a child left unattended. Leaving children alone in this state is prohibited until the age of fourteen.

Indiana
Indiana has no special law or government. The Child Abuse Prevention website states: “There is no right answer to this question. There is no magical age when a child suddenly becomes responsible and mature.”
The following are ways to assess a child's ability to make a more informed decision.

California
There is no minimum age, there is a checklist on the State Department of Education website to help parents understand if their child is ready to be home alone for even twenty minutes.

Colorado
State child welfare authorities recommend that a child be left alone for a short time after the age of twelve.

Connecticut
On the state Department of Children and Families page, you can find a recommendation stating that “…experts believe that a child must be at least 12 years old before he can be left alone. And, and at least 15 before he can take care of the youngest children in the family. This is the minimum age. But not every child is ready even then.”

Kansas
The Department of Children and Families website suggests the following: “Young children aged 0 to 6 should not be left alone, even for short periods of time. Children aged 6-9 should only be left for short periods of time, depending on their level of maturity… Children aged 10 and over could probably stay for longer periods…”

Kentucky
Online at State 9 Child Protective Services0009 you can find information that if you leave a child under the age of 11 alone, you may be investigated for neglect of children.