How young is too young for a child to be home alone in Illinois? What the law says
As Illinois schools are out for the summer and parents consider if and when to leave their children home alone for any period of time, state law and best practices both likely factor into the decision-making process.
The average cost of child care in Illinois is more than $16,000 per year for an infant or toddler in center-based care, according to nonprofit Child Care Aware of America, a figure that is unaffordable for many families. Because the cost of child care is so high, parents and guardians may be wondering when it’s permissible to leave their child home alone.
Illinois state law considers a variety of factors in determining when a child may lawfully be left home alone, and in addition to legal considerations, caregivers may also want to consider the child’s maturity level, independence and more.
Here’s what to know about Illinois state laws regulating leaving children home alone, as well as best practices and safety tips.
When can Illinois parents leave their children home alone?
The short answer is, it depends on the situation. There is no specific age where an Illinois child can be left alone without any other considerations, though age is a factor.
Illinois law considers a child’s maturity, the specific circumstances, the length of time they’ll be left alone and other factors to determine the legality of the child being left alone, Illinois Legal Aid Online Deputy Director Gwen Daniels said in a June 6 interview with the News-Democrat.
There’s a common misconception that Illinois law mandates a minimum age of 14 for a child to be left home alone, Daniels said.
Two criminal laws in Illinois regulate children being left home alone, and one does mention the age of 14, but it’s not a blanket statement allowing children older than 14 to be left for any and all circumstances or banning younger children from being left ever.
The Illinois Child Endangerment Act says a parent or guardian may not leave a child 6 years or younger unattended in a car for more than 10 minutes.
“This may be child endangerment depending on the circumstances,” the Illinois Legal Aid Online website says. “‘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 in Illinois, and can carry a sentence of up to one year in jail and up to a $2,500 fine. If an offense is considered child neglect, it’s considered a Class 4 felony and carries a sentence of one to three years on the first offense, Daniels said.
Another Illinois law regulating children being left home alone “specifically forbids allowing a child to engage in independent activities that are unreasonable under the circumstances or for an unreasonable amount of time,” Illinois Legal Aid Online says.
Relevant factors in determining reasonableness or the legality of leaving a child home alone include the child’s age, the number of children left home alone, whether the child has a disability or a need for ongoing medical treatment, the duration of time a child is left home alone, the safety of the location where the child is left and whether the child is capable of making an emergency call, Daniels said. This is not an exhaustive list.
Illinois legislators filed a bill in 2021 that, among other things, would provide “that a neglected minor includes any minor (rather than a minor under 14 years) whose parent or other person responsible for the minor’s welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor.”
That bill died in 2023, however.
Best practices when leaving children home alone
While a child’s age is not the only relevant factor in determining their readiness to be home alone, ideally children would be in upper elementary or middle school before being home alone, Rebecca Swartz, assistant professor at Southern Illinois University Edwardsville’s Department of Teaching and Learning in the School of Education, Health, and Human Behavior, said in a June 5 interview with the BND.
Younger children may not have the cognitive ability to keep themselves safe.
In addition to a child’s age, parents or guardians should consider a child’s ability to care for their basic needs, Swartz said.
Other important factors to consider include the ability to follow directions and make safe choices, to understand what makes a choice safe and their ability to self-inhibit when they want to experiment with something that may be unsafe, Swartz added.
“A child who’s really curious about the stove and cooking but doesn’t understand that they shouldn’t be doing that when they’re alone shouldn’t be left home alone,” Swartz said.
When evaluating what duration of time might be reasonable to leave their child home alone, a parent or guardian should also consider the social context, or whether helpful neighbors or siblings might be around.
“The other thing I think that’s important to consider is whether the child feels themselves to be ready to be home alone,” Swartz said.
If a child is afraid to be home alone, it’s probably not a good idea to leave them home alone even if they generally follow the rules and make safe choices, Swartz continued.
To prepare a child before leaving them home alone, it’s a good idea to talk through different scenarios, practice making phone calls to a parent or neighbor and be sure they know how to dial 911 in case of an emergency.
Since many homes no longer have landlines, caregivers should make sure children have some way to make phone calls, Swartz said. It may also be a good idea to post directions in case of an emergency and emergency contacts on the fridge.
For qualifying parents and guardians who are struggling with child care costs, help may be available through Brightpoint Child Care Resource & Referral.
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