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Lost John · Feb 22, 2013, 05:51 PM

My neighbor is going to leave his 13 yr old boy alone in the apartment while he goes to Brazil for 6 months. The boy has trouble going to school as it is. He has to fight with the boy to take a bath and clean his room.

I just don't think it is a good idea for him to leave him alone for six months.

Is there any law against him leaving is son. The dad is not a US Citizen. He is from Brazil.

AK lawyer · Feb 22, 2013, 06:05 PM

Report the situation to the authorities. While perhaps not a crime, childrens' services (or whatever it's called in your area) will probably agree with you, figure this situation is not a good idea, and take the boy into custody (if the father goes through with his plans).

The father should appoint a responsible adult to have custodial authority, and with appropriate paperwork to make decisions (such as medical care) if necessary.

Not taking a bath or cleaning up one's room for six months is not generally life-threatening. But no one will want to be around him if he fails to bathe for that long.

smoothy · Feb 22, 2013, 06:06 PM

Yes there is a law against leaving a child that young alone without adult supervision... even for a day. At 13 they do lack the maturity to fend for themselves. I've heard of people getting arrested for it around here from time to time for doing such stuff.

In the USA anyway.

I can not however quote a statute.

teacherjenn4 · Feb 22, 2013, 07:18 PM

You could notify the school the boy attends. They would call child protective services in an instant!

AK lawyer · Feb 23, 2013, 07:02 AM

If, of course, the father actually does leave him alone for six months. At present it seems to be mere talk. Ir perhaps the boy was talking and got the story wrong.

joypulv · Feb 23, 2013, 07:25 AM

I agree about 'if.' I would approach him gently and warn him that when the school finds out, especially if he is truant, child services will take him away. Just in case it isn't true.
In my state I don't know of any statutes about leaving minors home alone (as opposed to in cars), what ages, how long, etc. Many babysitters of course are minors themselves - in fact, many are age 13 - so it's all about what is a reasonable expectation of responsibility. I believe that any negligence is handled on a case by case basis.

odinn7 · Feb 23, 2013, 09:29 AM

I would wonder if he was left alone, who would make his meals for him and where would he get the food to begin with? That is the first thought that comes to mind. If this were to happen, would it be something with neglect maybe?

AK lawyer · Feb 23, 2013, 09:36 AM

Originally Posted by odinn7

I would wonder if he was left alone, who would make his meals for him and where would he get the food to begin with? That is the first thought that comes to mind. If this were to happen, would it be something with neglect maybe?

Huh? He is 13 years old. Children that age are usually capable of cooking and buying groceries.

odinn7 · Feb 23, 2013, 09:49 AM

Originally Posted by AK lawyer

Huh? He is 13 years old. Children that age are usually capable of cooking and buying groceries.

Really? I wouldn't trust that my daughter would be able to get out to a store and prepare her own meals for 6 months. For one thing, she doesn't drive and for another, she has no income.

Do we know that the person in question is going to make sure this is taken care of? If it's not, I still would think neglect fits in.

smoothy · Feb 23, 2013, 09:57 AM

There is a big difference from being alone for the evening... something I did when parents were working part time jobs to make ends meet back under Jimmy Carters disastrous Reign...

And being along for days much less weeks and certainly not 6 months.

AK lawyer · Feb 23, 2013, 10:21 AM

Originally Posted by odinn7

Really? I wouldn't trust that my daughter would be able to get out to a store and prepare her own meals for 6 months. For one thing, she doesn't drive and for another, she has no income.

Do we know that the person in question is going to make sure this is taken care of? If it's not, I still would think neglect fits in.

What you previously wrote was "who would make his meals for him and where would he get the food to begin with?" That seemed like a ridiculous question, IMO. I agree completely that the 13 year old boy should not be left all alone for six months unless there is an adult around to keep an eye on him.

teacherjenn4 · Feb 23, 2013, 10:36 AM

As I mentioned before, if the school got wind of it and made a home check, they would call CPS immediately. No question about that!

joypulv · Feb 23, 2013, 11:05 AM

Originally Posted by teacherjenn4

As I mentioned before, if the school got wind of it and made a home check, they would call CPS immediately. No question about that!

Yes of course and I missed it too (repeated it).
I do think OP should first check with the neighbor though.

teacherjenn4 · Feb 23, 2013, 01:54 PM

Originally Posted by joypulv

Yes of course and I missed it too (repeated it).
I do think OP should first check with the neighbor though.

Absolutely!

Alty · Feb 23, 2013, 03:28 PM

Originally Posted by AK lawyer

What you previously wrote was "who would make his meals for him and where would he get the food to begin with?" That seemed like a ridiculous question, IMO. I agree completely that the 13 year old boy should not be left all alone for six months unless there is an adult around to keep an eye on him.

AK, I'm failing to see how odinn's question was ridiculous. I too would wonder who would make his meals, and where he'd get the food. My son is 14, if I left him for 6 months he'd be dead, even if I gave him money for groceries, money to take a cab to the store and buy groceries, and cooking lessons. If I left tomorrow, he'd be on a diet of bread, water and ramen noodles, with the occasional sandwich thrown in, but once the groceries in the house ran out, he'd be lost.

I really can't see how it would be legal to leave a child of 13 alone for 6 months. There's absolutely no way a child that age could properly care for himself, and we haven't even mentioned paying the bills, maintaining the home, and everything else that comes along with being on your own.

There's a reason why children aren't considered adults until the age of 18. Because until that age, they really aren't capable of fending for themselves, and most can't even do it at the age of 18.

Just my opinion. .

dontknownuthin · Feb 23, 2013, 03:42 PM

Of course it's not legal to abandon a minor for six months. Regardless of the father's citizenship, if he leaves the child alone, call the authorities and report the situation and he can be placed in foster care. When the father returns to the country, he can face up to his stupidity and try to get his child back.

joypulv · Feb 26, 2013, 05:24 AM

This was asked under Law, so if we can't quote the law, we can't assume that the law exists.
I don't think a specific law exists for leaving a child alone. It would be at the discretion of Family Services under a negligence charge. There are too many variables to be able to come up with a legal definition.

dontknownuthin · Feb 26, 2013, 09:43 AM

There are child endangerment and child abandonment laws throughout the US. We don't need to split hairs over whether this is OK - one call from a neighbor, friend, teacher to the proper authorities and the child will be removed from the home, placed in foster care and charges will be filed against the father.

joypulv · Feb 26, 2013, 11:38 AM

First of all, child endangerment laws are set by states.
My state, CT, explicitly states there is no law for leaving a child home alone, but they publish a guidebook. The first sentence reads "Deciding when your child is ready to stay home alone is a difficult decision for parents. There is no set age, either prescribed by law or by child development experts. It comes down to a judgment call on the part of parents."

Still, what with so much concern these days, police have been arresting parents in my state when a neighbor calls about it. It has been stated by people in the justice branches that it is at the discretion of the police to arrest. It doesn't mean anyone will be convicted, unless of course there turns out to be some evidence of danger to the child or children.

We have been over this topic time and time again on AMHD, and never that I can recall has anyone found a state statute covering leaving a child home alone.

And of course the law has to be careful about taking action before something happens. Just because someone says something will happen doesn't allow the police or DCF to swoop in before it happens.

dontknownuthin · Feb 26, 2013, 02:31 PM

The way it's expressed is different in each state's laws, but all state's laws consider 13 year olds to be minors. They can't drive, can't sign a contract, can't call themselves in sick to school, can't sign school permission slips, can't rent an apartment, can't get a job, can't register for school, can't seek medical attention, go to a dentist, etc. without parents or guardians and a failure of a parent to be present enough in the child's life to see to these needs is adequate in every state for loss of custody and charges.

Clearly the pamphlet you are referring to is for the purpose of a parent determining when they can leave a child without a sitter, perhaps for an evening or day. Obviously it would be idiotic to leave a child of 13 alone even overnight and I can't imagine any court in any state rubber stamping the idea.

One state might consider it contributing to delinquency because such behavior would make it difficult for a child to participate fully in school. The child would be truant if he were sick because he wouldn't be able to call himself in. Or they might act on the basis of neglect or abuse. Or abandonment. It depends on the state and the exact circumstances, but to suggest that there are states where leaving a 13 year old for six months is OK is ridiculous.