Family & Safety

The following question was originally submitted to John Roska, a lawyer Someone who represents clients in courts or who gives legal advice and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question

At what age can children be left by themselves? My kids sometimes get home from school before I do. I want to know if I can get in any trouble if they’re at home by themselves.

Answer

Many people think there is a simple answer A written statement used to respond to the complaint or petition in a lawsuit to this question, but there is not. The law suggests an answer in some situations, but it doesn’t have one rule that applies to every child. The only real answer to your question is that “it depends.”

Federal and Illinois law mostly leave parents and guardians free to care for their children as they want. Sometimes, laws can punish you for abandoning or neglecting your child. However, those laws still give the police and the Department of Children and Family Services (DCFS) a lot of choices when deciding what to do.

Two criminal laws deal with kids who are left alone in Illinois. One law says that you cannot leave a child six years old or younger unattended in a car for more than ten minutes. This may be child endangerment depending on the circumstances. “Unattended” means that the child is not with someone who is at least 14 years old. It can also mean that the child is out of that person’s sight. Child endangerment is a Class A misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. . This means you can face up to one year in jail and up to a $2,500 fine.

The second law addresses child neglect When a person acts with less care or caution than a regular person would have in the same situation . If a parent or guardian allows a child under the age of 18 to engage in independent activities without regard for the minor A person under 18 years old ’s health and safety, it could be child neglect. In some cases, the child can be older than 18 if they have a physical or mental disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. .  The law specifically forbids allowing a child to engage in independent activities that are unreasonable under the circumstances or for an unreasonable amount of time. The age of a child does not determine “reasonableness” under the law. Rather, reasonableness is determined by the maturity of each individual child. Judges consider the following to decide if a child was neglected (this list is non-exhaustive, and additional factors may be considered):

• The age of the child;
• The number of children left at the location;
• Special needs of the child;
• Duration of time during which the child was left without supervision;
• The condition and location of the place where the child was without supervision;
• The time of day or night when the child was left without supervision;
• The weather conditions and whether the child was protected from natural elements, like heat;
• Whether the child is receiving proper education and medical care; and
• Whether the child is receiving adequate food, clothing, and shelter.

Child abandonment or neglect is a Class 4 felony A serious crime that is punishable by more than one year in prison . This means you can face one to three years in prison. If you are convicted of child abandonment or neglect for a second time, it is a Class 3 felony. 

If DCFS gets a hotline call that a child is left alone, they may also investigate this as child neglect under their rules. See the DCFS investigations page for more information on what this process might look like.

In addition to the Illinois criminal code, there is a DCFS rule that says licensed daycare providers can't leave children under 18 in cars or buses by themselves.  A DCFS investigation is separate from being charged with a crime. Both a criminal investigation and a DCFS investigation can happen at the same time.

In addition to the Illinois criminal code, there is a DCFS rule that says licensed daycare providers can't leave children under 18 in cars or buses by themselves.