Illinois House votes to lower age of 'Home Alone' law

Table of Content

• Bill would let Illinois parents decide when kids are old enough to be home alone
• Illinois Democrat Senator Scott Bennett Dies Unexpectedly At Age 45
• When Can I Begin to Leave My Child Home Alone?
• Illinois House votes to lower age of 'Home Alone' law
• Unavailable due to legal reasons
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Only a handful of other states have a minimum age for leaving children home alone. For example, three states list 12 as the minimum age for leaving children home alone, while three states set the minimum age at 8. At least 30 states have no minimum age for when a child can be left home alone. If you are thinking of leaving your child at home , you need to take into account your child’s maturity and development. The State of Illinois does not define what a reasonable period of time is, as this varies from child to child and may depend on the circumstances of each family. To best protect yourself and your child, you should only leave your child at home alone for a very minimum amount of time.

To make matters worse, parents can temporarily lose custody of their child before they even have the chance to defend themselves in court against negligence accusations. A child can even be temporarily taken away from a parent without a warrant when an allegation is made. For Wilmette mother Corey Widen, such a nightmare scenario with DCFS became a reality after letting her daughter walk the family dog in 2018.

Bill would let Illinois parents decide when kids are old enough to be home alone

Initially presenting it as a temporary arrangement lets children know they can choose not to continue if they are uncomfortable staying alone and allow parents to end the arrangement more easily if they feel the child is unable to handle the situation. A new bill looks to change the minimum age parents can legally leave their children home alone from 14 to 12. This law disproportionally affects single-parent, lower-income households, where paying for child care after school is cost-prohibitive.

Illinois law lists15 specific factorsto be considered when deciding whether a child has been left alone for an unreasonable period of time. Parents and other persons responsible for a minor's welfare must think carefully about many things before leaving their children alone. If your neighbor is unsafe, if there are no adults nearby to call in case of emergency or if your child must remain alone for a very long time, it is best to continue to use some form of child care even if your child seems ready to stay alone. Although these laws say nothing about older kids, you could still be guilty of child abandonment if you leave children who are at least 14 years old by themselves. The longer they're alone, and the more alone they are, the more likely it is that you will face criminal charges for child abandonment. Federal and Illinois law mostly leave parents and guardians free to care for their children as they want.

Illinois Democrat Senator Scott Bennett Dies Unexpectedly At Age 45

Patch reported that two days into the couple's trip, a fire alarm went off, causing the kids to go to a neighbor's house, and child welfare agents took the girls into custody. Common sense tells us most 13-year olds are perfectly capable of staying home alone after school while their parent is at work, but in Illinois, common sense isn’t the law. Chicago mother Natasha Felix also experienced in 2013 the overzealous enforcement of Illinois’ child neglect laws. She let her three sons – ages 5, 9 and 11 – run around the playground right outside their apartment window. A passerby called DCFS and Felix was charged for inadequate supervision – even though she was keeping a watchful eye on her children through the window. The highest age for a child to be left alone in other states is 12, and 30 states don’t have any age restrictions on leaving kids at home.

The law essentially targets parents who have no other choice but to have their children stay home alone after school while they are at work. Furthermore, those 15 factors are only considered by a court or government official after the child has been taken into custody away from his or her parent, which can be done without a warrant. Even if the child is released back to his or her parent and the court finds no neglect under the factors, having the government take your child away from you for a period of time and being accused of neglecting your child is traumatic. Having to justify to the government that you have not neglected your child can be humiliating and intrusive. The weight of this law falls disproportionately on single parents and low-income households. Parents who leave their kids home alone after school out of necessity – often living paycheck to paycheck – while juggling irregular work hours can easily become victims of the vague and arbitrary restrictions.

When Can I Begin to Leave My Child Home Alone?

While recognizing that many factors may apply, Illinois law lists 15 specific factors to be considered when deciding whether a child has been left alone for an unreasonable period of time. After you have helped your child acquire the skills and knowledge needed to stay alone, set up a trial period of self-care in order to see how your child adjusts to the situation. Initially presenting it as a temporary arrangement lets children know they can choose not to continue if they are uncomfortable staying alone and also allows parents to more easily end the arrangement if they feel the child is unable to handle the situation. – As Illinois law stands today, parents can be charged with neglect if they leave children under the age of 14 home alone – even for a short time.

It could also mean that the child is out of that person’s sight. The Illinois House unanimously passed a bill amending the child abandonment statute. House Bill 4305 instead lets parents determine maturity based on the individual child, not a minimum age.

Illinois House votes to lower age of 'Home Alone' law

A neighbor called the police upon seeing her walking alone, but officers saw nothing negligent about it. What is appropriate under certain circumstances may be considered child neglect in other circumstances. Communicates Openly –be able to talk easily with you about interests and concerns. Being taken into custody could lead the child to believe that he or she has done something wrong. It also communicates to the child the message that their parents are somehow parenting poorly, even if parents are not at fault.

For educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois. The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes. If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. For a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.

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As for babysitting younger children, that is a fraught situation, Coobes said. She does not recommend having 11- and 12-year-olds babysitting children under five, particularly if there are three or more children in the home without adults. They need to be able to reach somebody responsible if they get lonely or if they are afraid. And they need to have a safe place to go if there is an emergency.

An amendment to House Bill 4305, introduced by state Rep. Sue Scherer, D-Decatur, eliminates the minimum age of 14 years old for children to be left unsupervised in Illinois. If it passes, Illinois would join 39 states that already believe parents are the best judges of their children’s maturity and ability to stay home by themselves. After you have helped your child acquire the skills and knowledge needed to stay alone, set up a trial period of self-care to see how your child adjusts to the situation.