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 McCallister family, take note: Any
parents who leave their children age 13 or younger home alone may be guilty of
neglect under Illinois state law.
That’s because Illinois law states that “any minor under the age of 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” is neglected.
It’s the strictest law of its kind in the nation. 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. Kansas lists the minimum age at 6. At least 30 states
have no minimum age for when a child can be left home alone.
 While the law in Illinois defines neglect only where the child under 14 years
old is left without supervision for an unreasonable period of time without
regard for his or her mental or physical, health, safety or welfare, it does not
define “unreasonable period of time” or “regard for the mental or physical
health, safety or welfare.”
Rather, it provides a non-exhaustive list of 15 factors for a court to
determine. But that provides practically no guidance to a parent trying to
decide when they can or can’t leave their 13-year-old without supervision.
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.
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This process is also
traumatic to the child. 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. It also can
signal to the child that his or her independence is disfavored.
Common sense tells us most 13-year olds are perfectly capable of
staying home alone after school while their parent is at work, but
that’s no guarantee that an overzealous police officer or government
official won’t take that child into custody, requiring the
government to make that determination.
This law disproportionally affects single-parent, lower-income
households, where paying for child care after school is
cost-prohibitive. 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.
Parents make decisions about whether to leave their children alone
based on a number of different factors, including their values,
their needs and their child’s ability and maturity. Hardworking
single parents should not have to be concerned about the government
taking their child into custody because they leave them home alone
after school. Parents are the best people to determine their child’s
ability to be left unsupervised, not the state.
Illinois lawmakers should act to revise the law to make clear what
is and what is not considered neglect and to provide assurance to
parents that leaving their responsible children home alone after
school will not result in the state taking those kids into custody.
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