Is It a Crime to Leave Your Child at Home Alone?

Perhaps you work long hours, and your child gets home from school before your shift ends. Maybe your child doesn’t feel well or simply doesn’t want to participate in a family outing and opts to stay home. Whatever the case may be, there comes a time when a parent is faced with the decision of whether or not to leave their child at home alone.

While some states do have specific ages for children to be able to be home alone legally, California does not. However, there can be severe consequences associated with leaving a child home alone.

Parents who make a conscious decision to let their children stay home alone, whether for a few minutes, a few hours, or even longer, would be wise to familiarize themselves with the laws governing child safety in California. They should also consider the recommendations of national child welfare advocacy groups when it comes to the consequences of leaving a child home alone.

According to Lynn Yaney of the Contra Costa County Department of Social Services, when it comes to child welfare, the general rule of thumb is that children under seven should never be left at home alone. However, she says that children aged seven to ten may be ready to stay at home alone for a few hours after school as long as they are in a safe and predictable environment.

The consequences of leaving a child home alone over the age of ten greatly diminish, and the amount of time they can be left at home alone should be determined based on their maturity level. However, it is advised that they should not be left at home alone overnight.

How To Decide If Your Child Is Ready To Be Home Alone

As a parent, you probably already know if your child is mature and responsible enough to be at home alone and for what length of time. When making a decision based on the consequences of leaving the child home alone, go with your gut.

If you are still undecided, however, consider these factors before making your decision:

• The age and maturity of your child;
• The length of time that your child will be left unattended;
• How responsible your child is in following your rules and directions while they are home alone;
• How safe your neighborhood is and if you have a trusted neighbor who can check on the child or one that the child would be comfortable going to if something out of the ordinary occurred;
• How safe your child feels when left alone;
• And the potential consequences of leaving your child home alone based on the above factors.

What Are the Consequences of Leaving My Child Home Alone If Something Goes Wrong?

As stated above, California does not have any laws on the books that explicitly state at what age a child can legally be left alone at home. That said, there can be severe consequences of leaving a child home alone should something go wrong. That means you could face child endangerment or child abuse charges, even if your child suffers no physical harm.

If something goes wrong while your child is home alone, a lengthy investigation will likely ensure, during which your child’s history and personality will be considered in determining whether or not you should have left them alone in the first place and if there should be consequences for leaving your child home alone.

As part of the investigation, social workers and police officials will likely interview the following individuals:

• Neighbors
• Teachers
• Bus drivers
• Doctors
• Other adults in your child’s life, including youth organization leaders, coaches, etc.

The purpose of the investigation will be to determine if your child can care for themselves when left alone at home. Investigators will also try to decide whether you left the child with the necessary means to fend for themselves in your absence, including having enough food, proper entry into the home, and a list of individuals they could contact if help was needed.

According to California Penal Code Section 273a, the consequences of leaving a child home alone can be child endangerment charges if it is determined that you willingly put your child in a dangerous situation. Depending on the facts of your case, you might be charged with either misdemeanor or felony child endangerment.

A misdemeanor conviction of child endangerment carries a penalty of up to six months in county jail and up to a $1,000 fine. A felony conviction of child endangerment carries a prison sentence of up to six years and a fine of up to $10,000.

Call The Criminal Defense Attorneys At Wallin & Klarich

If you or a loved one is facing the consequences of leaving a child home alone in California and has been charged with child neglect or child endangerment, it is critical that you contact a criminal defense attorney right away.

The skilled criminal defense attorneys from Wallin & Klarich bring over 40 years of experience in successfully defending clients facing child endangerment charges in California. Our legal team will analyze the facts of your case and help you plan a defense strategy that will get the very best outcome possible in your case and minimize the consequences of leaving a child home alone.  

Wallin & Klarich has offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina, and Victorville. So, you can rest assured that an experienced Wallin & Klarich criminal defense attorney is conveniently available to help you no matter where you work or live.

Call Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation.

We will get through this together.