New York State has no legal minimum age at which a child can be left home alone. Whether a case counts as child neglect depends on whether supervision was appropriate to the child's age, maturity and the amount of time spent alone. The debate was sparked by the case of a Florida mother who was arrested after leaving her four children at home during a business trip.
According to Patch, New York State has no legal minimum age at which a child may stay home alone. Instead, the question is whether parents provided adequate supervision suited to the child's age, maturity and circumstances. The issue became the subject of debate again after a Florida mother who left her four children at home during a business trip was arrested on Friday, the 23rd.
According to Patch, Irene Miller, 50, of Kissimmee, Florida, left her children, ages 9, 11, 12 and 14, at home during a business trip to Las Vegas. On Wednesday, the 21st, after the 9-year-old youngest child was hit on the head by a falling dumbbell, one of the siblings called 911, and deputies from the Osceola County Sheriff's Office who responded found the children without any adults present. The injured child was treated at a hospital and released. Miller said a babysitter checked on the children in the morning and afternoon but did not stay overnight. Investigators determined the children were without an adult for about 16 hours a day. Miller was arrested when she returned to Florida on the 23rd, and was released after being charged with four counts of child neglect without great bodily harm.
Under New York State's child protection law, neglect occurs when a child is harmed or placed at serious risk because a parent failed to exercise a minimum degree of care in providing proper supervision. In such cases, authorities may open an investigation. Factors considered include the child's age and maturity, the length of time alone, whether there are younger siblings who need care, the safety of the home, and whether the child can reach a responsible adult in an emergency.
For New York parents, what this means is that there is no chart saying "it's fine from this age." Even for children of the same age, an hour after school and a night spent in charge of a younger sibling can be judged very differently. The U.S. Department of Health and Human Services advises parents to check the rules in their area with local police or Child Protective Services (CPS).
Child welfare experts say a decision cannot be made on age alone. The federal Child Welfare Information Gateway recommends considering whether a child follows rules, uses good judgment, can recognize dangerous situations and knows how to respond properly in an emergency. Parents should also consider whether the child knows how to reach them, whether a trustworthy adult is nearby, and how quickly help would arrive if a problem occurred.