At what age can you leave a child home alone? What Texas law says
School is out, but a parent’s schedule doesn’t always get the same summer break, which poses the struggle of juggling childcare.
However, some parents can find a solution if their child is old enough, and mature enough, to stay home alone.
For parents who are weighing their options of childcare or trusting your child with more independence, here’s what Texas law says about leaving children home by themselves.
Are there age requirements for leaving a child home alone?
Texas law doesn’t explicitly state how old a child must be to stay at home alone, but the state does offer guidelines to parents to help make the discernment.
Lawyers at Thompson Law Injury, a Dallas-based firm, suggest that any child under 12 years old should not be left alone unsupervised.
How to tell if your child is ready to stay home by themselves
The Texas Department of Family and Protective Services poses questions to ask yourself and your family when considering leaving your child at home by themselves.
- How old, emotionally mature and capable is my child?
- What is the layout and safety of the home, play area or other setting?
- What are the hazards and risks in our neighborhood?
- What is my child’s ability to respond to illness, fire, weather or other types of emergencies? Does my child have a mental, physical or medical disability?
- How many children are being left unsupervised?
- Do they know where you are?
- Can they contact you or other responsible adults?
- How long and how often is your child or children left alone?
How to prepare your child for staying home alone by themselves
Thompson Injury Lawyers created a checklist of things to make sure your child knows before leaving them alone:
- Make sure they have memorized their full name, address, and phone number.
- Provide instructions on what to do if someone comes to the door or calls on the phone.
- Set boundaries for what they are allowed to do online.
- Provide emergency contact information including access to you plus a trusted friend or neighbor.
- Make a plan for where they should go and what they should do if they need to leave the house. Provide instructions for what to do if they are injured.
- If they have any allergies, make a plan for what to do in a reaction.
Can you go to jail for leaving a child home alone in Texas?
Parents could be accused of neglectful supervision if an underage child is left at home unattended.
Neglectful supervision is defined as “placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child.”
This can result in lawsuits, fines, or even jail time.
What are the penalties for child endangerment in Texas?
Neglectful supervision would fall under child endangerment in the Texas Penal Code.
According to section 22.041, one can be charged with a felony, up to the third degree, depending on the situation at hand.
Parents who leave their children with the intent to return to them, would most likely be charged with a state jail felony (the lowest level felony). This is no more than two years in state jail and a fine of up to $10,000.