Every so often, I get a question related to children being left home without adult supervision; the particular inquiry being at what age a parent can do that without consequence of the legal variety. My short, immediate answer is always it depends (ugh yes, I know). Allow me to explore my answer further:
The concern with leaving children home alone involves the possibility of being regarded as a neglectful parent and thus subject to dependency proceedings initiated by the Georgia Division of Family and Children Services (“DFCS”). O.C.G.A. § 15-11-2(48) defines the term “neglect” as follows:
- The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child’s physical, mental, or emotional health or morals;
- The failure to provide a child with adequate supervision necessary for such child’s well-being; or
- The abandonment of a child by his or her parent, guardian, or legal custodian.
For the purposes of this blog, we are focusing on items (A) and (B). Depending on the circumstances, leaving a minor child home without adequate adult supervision could trigger a DFCS investigation. As such, DFCS has issued a set of guidelines to assist parents in their assessment of whether their child is able and ready to be left home alone and if so, for what duration.
With respect to the first factor, DFCS offers that under no circumstances should a child who is 8 years of age or younger be left home alone. A child who is between 9 and 12 years of age can be left home for a brief period of time not to exceed two hours. A child who is 13 years of age or older can be left home alone for a period not to exceed twelve hours; 13-year-olds can also serve as babysitters for up to twelve hours. A child who is 15 years of age or older can be left home alone overnight. DFCS clarifies that age is not the blanket rule since not all children of a certain age group have attained the same level of maturity. Before leaving their children 9 years of age or older without supervision, parents need to also consider factors such as: whether their children are mature enough to stay home without adult supervision; the personality and developmental progress of the children; and/or, whether their children can accomplish tasks and activities without adult supervision.
Are you considering whether your age-appropriate child is mature enough to stay home without you? Use these sample questions to assist in your assessment:
- Does your child know the family emergency plan?
- Can he/she demonstrate the plan?
- Does your child know how to contact you (via cell phone number, work number etc.) when you are away?
- Is there anything in the child’s environment that may pose a risk to his/her safety while you are away?
- What factors are there that reduce risk of threat to your child’s safety (i.e., reliable neighbors, extended family that lives nearby etc.)
Ultimately, the age ranges and length of time guidance from DFCS provides some pretty clear cut minimum requirements, but the “it depends” portion of my answer will necessarily involve a child-by-child assessment by the parent. When in doubt, err on the side of caution!