Legal Question in Family Law in Maryland

Leaving a minor child at home alone

I am having trouble finding daycare for my 11 year old son and he is mature enough to be on his own during the day however, I want to make sure that I wouldn't be doing anything illegal. At what age is it legal to leave a minor child at home alone?


Asked on 7/09/01, 7:09 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Leaving a minor child at home alone

There are two parts of the Maryland Code which deal with child neglect involving leaving children alone. Only one of them, Section 5-801 of the Family Law Article, mentions a specific age. It provides that "A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building or enclosure, or motor vehicle while the person charged is absent" if the building or enclosure is out of sight of the person unless a "reliable 13 year old (or older) is left with the child. A general definition of child neglect, in Family Law Article section 5-701 defines neglect as the leaving of a child unattended under circumstances that indicate that the child's health or welfare is harmed or placed at risk or that indicate mental injury or substantial risk of mental injury. There is no age specified here. If your eleven year old is left at home in what is a safe environment and he is mature enough to handle it, and there are easy ways out of the building and responsible neighbors in case of emergencies, you would not be doing anything illegal. I have heard some social workers state that no child under twelve should be left home alone, but that is not the law.

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Answered on 7/10/01, 8:41 am


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