Can you be criminally charged for leaving your child home alone in Illinois this summer?
Summer officially begins Friday, but metro-east schools have already let out for the season. Some parents may need to secure child care or decide to leave their children home alone while they work during the day.
Child care is increasingly expensive and can be difficult to find in southwestern Illinois, leaving many parents considering whether their children are old enough and ready to stay home alone for hours at a time.
The answer may be obvious for infants, toddlers and young children who need a caregiver, but it might be more of a question for elementary and middle school students. Here’s what Illinois state law says about the issue.
Is it legal to leave your child home alone in Illinois?
The short answer is, it depends on a number of factors.
“A person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor’s mental or physical health, safety, or well-being,” Illinois law says.
An age to determine reasonableness is no longer specified in Illinois law after an update to the criminal code went into effect in June 2023. A previous version of the law said children younger than 13 could not be left for 24 hours or more without supervision from a responsible person who is at least 14.
Courts consider several factors when determining whether a situation constitutes child abandonment in Illinois, including:
The child’s age
The number of children left
Any disabilities or medical needs the child may have
Duration of time left alone
The condition and location of where the child was left
The time of day or night the child was left
Weather conditions, including whether the child had adequate protection from the elements
Whether the child was given an emergency phone number and was capable of making a call
Additional factors are also taken into account, including whether the child had access to food, whether the child was left alone due to economic hardship or illness of a parent or guardian who made a “good faith effort” to provide for the child and more.
Child abandonment is a Class 4 felony as a first offense in Illinois and a Class 3 felony for subsequent offenses. A parent can be sentenced to probation for violating this law.
Class 4 felonies can lead to up to three years in prison and a fine of up to $25,000 in Illinois, according to Peoria law firm Lonergan Law Group.
Is your child ready to be home alone?
The Illinois Department of Children & Family Services recommends you make sure your child has a desire and willingness to stay home alone, as well as be responsible and independent before leaving them at home.
“It is also important to consider the neighborhood in which you live, the availability of adults nearby and how long your child will be alone,” the Illinois DCFS website reads. “If your neighborhood 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.”
The state agency advises parents and guardians to ensure their children know how to react in the following situations when considering if they’re ready to be home alone:
- “What to do or say if someone calls or comes to the door.
- How to lock and unlock windows.
- What to do if approached by a stranger on the way home.
- What to do if they think someone is in the house when they get home.
- Kitchen safety (use of appliances, knives and tools).
- What to do if they smell smoke or gas, or in the event of a fire.
- What to do during severe storms.
- Basic first aid techniques.
- Appropriate and inappropriate reasons for calling parents or other adults for help.”
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