How old can child stay home alone in florida
What are the laws about leaving your children home alone?
There’s a difficult conversation in the air these days. Many kids will start school virtually, so they’ll be home, and many parents will be at work. Many parents are worried about what a virtual start means for their jobs and their children’s safety.
By: Tory Dunnan
Posted at 2:23 PM, Aug 07, 2020
and last updated 2020-08-07 16:49:04-04
STUART, Fla. — There’s a difficult conversation in the air these days. Many kids will start school virtually, so they’ll be home, and many parents will be at work. Many parents are worried about what a virtual start means for their jobs and their children’s safety.
Some mothers expressed concern in the days leading up to the Palm Beach County School District’s decision to begin remotely.
“What choice do you have? Your job or kids home alone and they could be in danger left home alone at such a young age without supervision,” said one mother.
“I can’t leave work, ‘OK I have to go home and home school my child.’ And I won’t leave her home alone and that’s another concern parents have,” said Gloria Tucker, a mother.
Major John Budensiek with the Martin County Sheriff’s Office said the state of Florida does not have a hard and fast rule about when it’s OK to leave a child alone.
“It’s up to the parent to asses how mature their child is,” he said.
There is no set age and it’s up to parents to decide when their children are old enough, but there can be consequences.
“The law that comes into play is the law that addresses child abuse or child neglect and that law outlines what children have to have in order to be home alone.”
According to the Florida Department of Children and Families, the National SAFE KIDS Campaign recommends children should not be left alone before the age of 12. It also states that older siblings should not supervise younger children until 15.
“Make sure there are no firearms available to them.
If you have a pool at your house, just keep the children away from the pool while you are at work,” he said. “Make sure they understand 911 and what’s available to them if something bad happens.”
He also recommended using modern technology.
“Install a system in your house where you can see your children throughout the day and talk to them throughout the day and then prepare your children,” he said.
If you feel your child is ready, Major Budensiek, said start putting a plan in place and start with small trips to the store. He said make sure to start with small steps, like a trip to the store. Make sure to have food and water available and don’t allow use of the oven. He said, bottom line, the importance of the decision cannot be understated.
“If your child is not capable of being home alone, it is not worth the risk,” he said. “Don’t leave them home alone. If you have to quit your job, and I'm not saying that lightly.”
Law enforcement said they will respond to concerned calls about children left at home.
“If it’s just the parent made a mistake, we will try to work with them and get them the resources and help guide them in making sure the children are safe and they stay in compliance with the law,” he said.
For a guide on leaving your kids home alone, you can visit the Florida Department of Children and Families by clicking here.
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Click here to manage all NewslettersHow Old Should Kids Be Before Being Left Home Alone? — Florida Criminal Defense Lawyer Blog — August 31, 2017
THE ISSUE
A man from Raleigh, North Carolina was recently arrested for leaving his five children at home alone.
His oldest child is 8 years old. Victor King, who was bailed out by a total stranger, claims that he had to go to work to support both his children and his wife, who is suffering from stage 4 cancer. Authorities were alerted to the house by a neighbor who called 911, alleging that this was the second day in a row the kids were left alone without adult supervision. Apparently, this isn’t the first time this father has done this. He was convicted of child neglect in California after engaging in a similar act. So, one of the questions raised by this case is, “What should happen to the father?” Also, the bigger legal and moral question is, “How old should kids be before being left home alone?”
ANALYSIS
PERSONAL
I remember not too long ago when my wife and I struggled over this issue. We frequently wondered, “Are our kids old enough to leave at home alone without a baby sitter?” For quite some time, the answer was, “Not yet.” We wanted to be sure we were doing the right thing.
The first issue for us was whether we felt they had the ability to get through a few hours alone without any problems. If the answer was “yes,” the next question was, “Can we legally leave them home alone?”
LEGAL
Florida has no minimum age requirement for leaving kids at home alone. Only three states currently have laws regarding a minimum age for leaving children home alone. Maryland requires the child to be at least 8 years old. In Oregon, children must be 10 before being left home alone. Illinois law requires children to be 14 to be left home alone.
Because there’s no specific age requirement in every state other than three, parents around our great nation are required to use their common sense and good judgment. The law always requires parents to consider what is in “the best interest of the child.” Still not clear? Join the club. In the abundance of caution, it’s better to wait. The last thing you want is for Officer Unfriendly to accuse you of being a bad parent for leaving your child home alone.
The impact of an arrest for something like this would be devastating. When making this decision, at a minimum, make sure the child is mentally and physically capable of handling the demands of being home alone.
THE RALEIGH CASE
Because I’m a defense attorney, I know you’re expecting me to zealously defend the actions of Mr. King. Well, you got me wrong. I can’t defend the actions, both legally and morally. I saw a photo of his five children and one of the kids was in diapers. The oldest, the 8 year old, looked like he was incapable of adequately caring for the other four, younger siblings.
That’s not to say I wouldn’t take the case. I would zealously argue that he shouldn’t be convicted of the offense. I would suggest to prosecutors that a diversion program would be more appropriate under the circumstances. As part of the program, perhaps parenting classes and close supervision would be better suited for him. Convicting him and punishing him in the criminal arena would only ensure that providing for his ailing wife and family would prove to be more challenging if not impossible.
That’s not the route this case should go. Mr. King has a great deal of support in the community, which is why a stranger bailed him out. The Go Fund Me campaign has already raised over $10,000 to help this family. Prosecutors will point to his prior record as support for why he should be punished for this lack of judgment. It will be interesting to see what they offer him.
CONCLUSION
When in doubt, don’t do it. If you think your kids may be too young to leave at home, then you’re right. God forbid something terrible happens when you’re away, even for a short period of time. My wife and I waited longer than we would have liked (having to suck up the baby sitting fees), however, it was worth it.
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.
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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. nine0009
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. nine0003
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. nine0009 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. nine0009
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.
Photo by Kevin Gent/ UnsplashThe 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. nine0003
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. These are Illinois, Oregon and Maryland.The other 47 states do NOT have this age in their laws.
Can I leave my child at home alone in the US? Consider the situation for each state
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.
” nine0003
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. nine0049
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.” nine0003
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.” nine0003
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….” nine0003
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.
nine0003
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. nine0003
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. nine0003
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.” nine0003
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.
Louisiana
Under state law, you can leave your child alone at your discretion, however, if this resulted in an incident, the court will definitely assess the level of maturity of the child, how long he was left alone, the situation in the family as a whole and much more .
Maine
All at the discretion of parents and guardians.
Maryland
No child may under any circumstances be left alone unless they are 8 years of age. At the same time, a 13-year-old child can look after a child under the age of 8 years. A person who breaks this law is guilty of a misdemeanor and may be fined not more than $500 and/or spend up to thirty days in jail .
Massachusetts
Everything is decided on an individual basis.
Michigan
Under the State Child Protection Act, age is determined on a case-by-case basis. However, in general, it is not recommended to leave children under the age of ten or twelve alone.
Minnesota
State child welfare agencies do not recommend that children under 12 be left at home alone.
Mississippi
According to the State Department of Child Welfare, the appropriate age at which a child can be left alone “depends on the maturity of each child.
” nine0003
Missouri
There is no legal age limit, but the Child Abuse Hotline accepts messages if a child under the age of eight is left alone for more than three hours.
Montana
The website of the Department of Health and Human Services states: “You decide, it all depends on your child and your situation.”
Nebraska
Consistent with state guidelines, children over the age of seven may be old enough to be alone. And children older than 11 can already look after younger children. Preschool children (six and under) should never be left alone, and children under 11 cannot supervise children under six. nine0003
Nevada
The decision is made by the parents, but the home must be child-friendly—safe, clean, comfortable temperature, and enough prepared food.
New Hampshire
No rules.
New Jersey
According to the New Jersey Department of Children and Families, “…some children may be left alone for short periods of time (for example, while their parents are in the store).
… But should not be left alone for long periods of time.” If the local guardianship authorities receive a message that the child is at home for one long period of time, then they will conduct a check. nine0003
New Mexico
The state does not have its own law or guidelines, each city and county has its own.
New York
The State Children and Family Services notes, “Some kids are responsible, smart, and independent enough to be alone at age 12 or 13. In the same way, there are teenagers who are too irresponsible or have special needs, which means they cannot be left at home alone.” nine0003
Ohio
The Children's Trust website states: “Ohio law does not set a specific age after which a child can legally be home alone. However, you can check these recommendations with your local guardianship authorities.”
Oklahoma
State Department of Human Services says, “There is no law or policy in Oklahoma regarding how old a child must be to be left alone.
… But infants and children under the age of 6 should never be left without adult supervision. Typically, elementary school children who demonstrate the ability to be responsible and mature can be left alone for an hour to two hours during the day with access to a responsible adult. nine0003
Children between the ages of ten and twelve who demonstrate the ability to care for themselves unaided may be left alone for up to four hours during the day. Children of the same age can care for one or two children from the age of six if they have constant access to a responsible adult.”
Oregon
The state's child neglect law states that a child must be at least 10 years old if the parents decide to leave him at home alone. nine0003
Pennsylvania
No rules. True, local family law lawyers refer to the recommendations of various organizations and say that children, starting from the age of ten, can already be left alone.
Rhode Island
Back in 2016, Rhode Island legislators proposed legislation to prevent children under the age of ten from staying at home alone.
And older children spend the night alone. But it has not yet been accepted.
North Carolina
The state has no laws or guidelines, however state fire code GS 14-318 says that if you leave a child under the age of 8 unattended and a fire breaks out as a result, you will be found guilty .
North Dakota
Children under nine years of age should not be left unattended for more than two hours during the day. Children aged 10-11 may be left alone for longer periods of time. nine0003
Tennessee
The state website notes, “There is no set legal age for children to be home alone. Parents should decide this on their own, keeping in mind the child's maturity level and safety issues. … Obviously, children under the age of ten should not be left unsupervised at any time. In most cases, older teens can be left alone for a short time.”
Texas
The State Department of Family and Protective Services website states: “…Adult guardian is responsible for caring for a child, and inadequate supervision may be considered child neglect.
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South Dakota
South Dakota Safety Board: “Don't expect kids under 10 to take care of younger siblings, don't leave kids under 6 in the care of older siblings.”
Utah
The website of the University of Utah offers the following advice to parents and guardians: only during the day or evening. Children 11 to 12 years old can be left alone for up to three hours during the day, but not late at night. Children between the ages of 13 and 15 may be left unattended, but not overnight. Children aged 16 or 17 can be left unsupervised, and in some cases up to two nights.” nine0003
South Carolina
A guideline published by the Children's Fund of South Carolina states: “You should not leave a child under 9 years of age. home alone even for a short period of time. Starting from the age of ten, a responsible child can be left for 30 minutes - one hour. During this time, the child should be able to maintain contact with an adult. ”
Florida
Florida Department of Children and Families refers to the national recommendation we cited above and recommends that children not be left alone until the age of twelve, at a minimum, and, if the parents choose to do so, ask the child follow-up questions. nine0003
Your local CPS knows the exact rules for your state.
When in doubt, call them and ask.
See also “I was jailed for leaving my seven-year-old daughter alone for two hours” text: Anna Gritsanova The question of when a child can be left at home alone, sooner or later confronts all parents. Is it possible, for example, to run to the store for 10-15 minutes? Many will say: it all depends on the situation, on the child, how ready he is, how confident you are that everything will be in order. nine0003 But more and more often I meet friends whose children are the same age as my seven-year-old son: - And where is Danya? I often ask my friends: Aren't you afraid to leave? Can he call you? But what if you didn’t return on time (delayed, stuck in a traffic jam, sat down on your mobile, got stuck in the elevator, had enough “kondraty”)? In response, I get the usual: - Well, you're inventing. So it's easier not to have children at all. nine0003 Decided to google different countries. Russian-language sources say that “in most European countries, you cannot leave a child at home alone until he is twelve years old, and in some states of America - up to fourteen years old, but upon closer study, this turned out to be not entirely true.
- At home, why bring him here, I'm here for 10 minutes. He has been staying for half a year now, if I don't stay long.
1. US . Each state has its own laws on the age at which a child can stay at home.
Some states have clear restrictions: in Arizona, a child can be left alone at age 10, in Maryland at age 18, and in a few others at age 14. nine0003
In general, US law addresses the issue of home aloneness from different angles:
- A parent will be liable if the child is left in an unsafe environment or is not fed or dressed properly. What specifically means "unsafe conditions", "not fed", "not dressed" - at the discretion of the court.
- In the event of an accident, parents may be found guilty if the court considers the situation in which the child is left alone not entirely safe. The court takes into account the age of the child and other circumstances. nine0003
- For fire safety reasons, it is forbidden to leave a child under 8 alone in a closed room locked. A residential building belongs to this type of premises.
2. Canada . The laws of this country are more specific than in the United States. In most states, it is illegal to leave a single child under the age of 10 at home. After 10 years and up to 16, a child can be left for no more than 2 hours. To leave a child for more than 2 hours, there must be a good reason and safety measures such as notifying neighbors, periodically calling home, providing food and drink. nine0003
3. UK, Ireland. There is no age limit, but in case of trouble, the parent can be found guilty. If the court considers it irresponsible that the parent left the child alone, the parent will be punished.
4. Australia. There are no age restrictions here. In the event of trouble or an accident, the court will decide whether the decision to leave the child alone was correct. There are many recommendations of a recommendatory nature. Parents are not required to comply with them, but in case of problems, their behavior will be considered as erroneous. nine0003
5. New Zealand . It is forbidden to leave a child alone at home or in any other place under the age of 14 without a good reason.
6. France. The law in France states that a parent is responsible for ensuring that a child under 15 is completely safe. There is no clear time frame for how long a child can stay at home alone.
7. Russia. In Russian legislative practice, there are no clear age limits for when a child can be left alone. There are several laws limiting the presence of children in public places, but all of them regulate the independent stay of the child on the street, the issue of staying at home is entirely the sphere of personal preferences of parents. nine0003
# # #
It turns out that in many countries, as in Russia, there is no specific age until which a parent cannot leave a child at home alone. And it all really comes down to the parent's vision of this issue.
How to understand if a child is ready to be left alone? P
Pass the test. If you answer “NO” more than 2 times, the child should not be left alone.
• The child has no fear of closed spaces, he calmly plays in a closed room. nine0361 • The child understands what is possible and what is not.
• The child can play without you for at least an hour.
• The child knows how to use the phone (landline or mobile) and will be able to call you if necessary. He knows your phone.
• The child can pour himself water and drink.
• The child has a sense of responsibility. He collects his toys, takes out the papers in the trash, he does not need to be reminded of this several times.
• Your child is not vindictive. He will not hold a grudge against you for a long time, then to take revenge for the fact that you left him.
