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mamawitch1 · Apr 19, 2007, 03:50 PM

It is my understanding that there is no age limit of how old a child can be to go home after school in New York state.That it is at the parents discretion. Is this true? The child in question will be eleven in 3 weeks. Can the school decide? Thank-you

Fr_Chuck · Apr 19, 2007, 04:06 PM

The school can decide many things legally or illegaly if you let them bu in general the school is not the one that has any choice in this at all, no reason to tell the school, no reason to ask the school. Of course busy body school officials will love telling you what to do with your child if you allow them. ( we see 100's of cases every year where schools violate the parents rights and break laws against home schooling parents)

But the school has no legal standing in this, once the child leaves the school, the school no longer has any authority on the matter.

And normally there is no issue to it, until there is a problem, then children and family serivces will review the maturity of the child and see if they can put the blame on the parent.

If you want some official opinions or advice, cousult with the local Children and Family services ( my closest opinion is asking the devil about opinons on religion) But they will be the ones you will deal with if there is a problem or a complaint.

shygrneyzs · Apr 19, 2007, 04:33 PM

While the school might like to dictate what goes and does not go on concerning if your child can be left home by himself at the age of eleven, it is not their decision. You can talk to someone in Child Protective Services or Children's Services or even contact an attorney in family law. I would go to the Social Services and ask there, someone in the Children's Services can tell you what is legal and not legal.

asking · May 7, 2008, 07:49 PM

I'm coming to this late. I agree it's not up to the school. There's probably a state law. In California, I think it's 14. But as a friend of mine said, that's exactly when you don't want to start leaving kids home alone! The truth is that there is no good time to regularly leave kids home alone.

I left mine alone -- once in a great while -- starting when they were about 9, same as my parents did. But only if I had to and only if the kids were okay with it. Never any problems. I told them they couldn't use the stove while I was out and reminded them to get out if there was a fire, not to try to save anything,even the pets.

This weekend, I went out of town and they complained when I asked if they'd mind if I stayed away an extra day. They are now 15 and 19 and don't really need me for day to day stuff. The younger one said, "But it's more FUN when you're here." I came home.
Asking

cdad · May 9, 2008, 05:09 PM

Its not 14 in California. And in most states if there is a law its pretty vague about ages its mostly based on maturity levels. Another thing that this person must do because I don't agree with letting an 11 y/o stay home alone is make sure if they are doing it there are extreme strict rules including absolutely NO internet that the child has access to if the parent isn't there. Also keep the computer in a common area not in a bedroom.

asking · May 9, 2008, 05:38 PM

I had been told it was 14, but never checked, hence "I think." Here's another internet report: I can't guarantee its correctness either, but it says 18, amazingly...

Google Answers: Leaving a child home alone

Thank you for allowing me an opportunity to answer your interesting
Question.

There is indeed a law which covers this topic and it is clearly
Referenced in:

CALIFORNIA CODES PENAL CODE SECTION 11165, and
CALIFORNIA CODES PENAL CODE SECTION 11165.2(b)

For the purposes of this statute, CALIFORNIA CODES PENAL CODE SECTION
11165 defines a child as “a person under the age of 18 years".

In addressing GENERAL NEGLECT in SUBSECTION 11165.2(b) the statute
states:
"General neglect" means the negligent failure of a person having the
Care or custody of a child to provide adequate food, clothing,
Shelter, medical care, or supervision where no physical injury to the
Child has occurred.”

The operative word here under the color of California law is
“supervision”, or more specifically, the lack thereof. Technically,
Any child under the age of 18 left unsupervised COULD raise the
Suspicion of authorities that the child is being neglected. This,
However, usually does not come into play until and unless someone
Lodges a complaint or the child exhibits delinquent behavior resulting
In a criminal (illegal) or status (an act that is only considered
Illegal because the offender is a minor – possession of alcohol,
Truancy, runaway, etc) offense.

CALIFORNIA CODES PENAL CODE SECTION 11165.2(b)is the crime in which a
Parent or guardian may be charged citing GENERAL NEGLECT and/or CHILD
IN NEED OF SUPERVISION.

My sister was a latch key child at 4, in Oakland, CA, as both her father and grandmother worked and her mother was dead. She's now a healthy 70 year old with lots of sadness.

When there's a hostile divorce, parents tend to be conservative about leaving children home alone, for fear of giving the other parent ammunition.

cdad · May 10, 2008, 06:29 AM

On a personal side. My ex left one of my kids home alone at 6 y/o and nobody blinked an eye when I complained. Another time because I wasn't close at the time I had the police check on my kids ( they were 10 at the time ) because one was really sick.. 103 temprature etc - flu symptoms. Nobody seemed to have a problem with that either. So like it says its only a " problem " when they " authorities " decide to make it one otherwise the courts there didn't seem to care.

asking · May 11, 2008, 04:55 PM

Yes I agree that sometimes a hostile divorce can have that response but usually its from the NCP ( mostly fathers ) that have to walk on eggshells

As a custodial mother with a hostile spouse, I can assure you it cuts both ways. Things I did when we were together were suddenly cause for criticism and also greatly exaggerated. We are about to switch to 50:50 custody now that he is retired. He now feels ready to be a parent. It will give me more time to work finally if it works out.

I didn't quite understand your last post. The OP seems to be gone, so I guess it's okay to have this conversation? You left your 10 year olds alone and because one had the flu you called the cops to check on him and they were okay with that? I would have been afraid to do that--for fear of getting in trouble. I really think that if I did that, they would have alerted child protective services because more is expected of mothers. I would call a neighbor or a friend if I was in that situation. I probably wouldn't leave a kid alone with a fever that high anyhow... But sometimes you have to do things you don't want to do... I am not judging. I can work from home, so it's different for me. I do agree that it's a problem when authorities make it one. My sense is that fathers get a bit more latitude. But this isn't something I can prove.

cdad · May 11, 2008, 05:53 PM

To asking: No it wasn't me who left them alone it was my ex. I was attending a workshop out of town for my work. I called my kids to say hi and to just talk. That's when I found out they had been left alone and one was pretty sick. I was livid and when I called " mom " her cell phone was turned off. So I called on the police to do a well check. They made a note and when I talked to authorities they didn't seem to think there was a problem.

asking · May 11, 2008, 07:00 PM

Ah, Cdad3, I'm glad it turned out okay for everyone.
Take care,
asking

rkelley3 · May 31, 2008, 06:22 AM

There are very few states in the U.S. with legal minimum ages, but many state agencies have published guidelines (NH, Illinois, Maryland and Oregon are a few of the states with very specific ages). Typically 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work).

12 years old appears to be the most common recommendation. Home Alone Children Age Limits provides a state by state comparison.

rkelley3 · May 31, 2008, 06:30 AM

There are very few states in the U.S. with legal minimum ages, but many state agencies have published guidelines (NH, Illinois, Maryland and Oregon are a few of the states with very specific ages). Typically 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work).

12 years old appears to be the most common recommendation. Latchkey Kids Age Restrictions provides a state by state comparison.

MrsBNP · Dec 6, 2011, 09:25 AM

It's amazing how much misinformation people can dish out. Here's a government website that provides accurate information.

http://www.childwelfare.gov/pubs/factsheets/homealone.cfm

This paragraph says it all:

Legal Guidelines
Some parents look to the law for help in deciding when it is appropriate to leave a child home alone. According to the National Child Care Information Center, only Illinois and Maryland currently have laws regarding a minimum age for leaving a child home alone.1 Even in those States other factors, such as concern for a child's well-being and the amount of time the child is left alone, are considered. States that do not have laws may still offer guidelines for parents. For information on laws and guidelines in your State, contact your local CPS agency. If you need help contacting your local CPS agency, call ChildhelpÂ® at 800.422.4453.

JudyKayTee · Dec 6, 2011, 09:56 AM

It's amazing to me that people can reopen a thread from 2007, reopened the first time in 2008, and think the person asking is still hanging around, waiting for an answer.

You have also incorrectly posted a site (please check how to correctly post a reference), that site having been first posted in 2007, out of date in several States.

kkgva · Jun 7, 2012, 04:37 AM

I started baby sitting for neighbor's children in the eves, when I was 12 years old. A responable child should be able to take care of themselves at age 12. Just have them remember these rules - don't touch the stove or answer the door and never tell ANYONE by phone or computer that you're by yourself.