Legal Question in Criminal Law in Colorado

leaving a child at home.

At what age in Colorado can you leave a child at home for a few hours to go to the store for example?


Asked on 12/16/08, 9:24 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: leaving a child at home.

It depends, but generally 12 years old is the youngest, assuming nothing happens while you're gone, other than that someone reports you.

Consider this from the Colorado Division of Child Welfare:

When thinking about leaving children alone, whether for a short or long time, it is important for parents to consider the risks involved. There are many potential risks to children that must be considered. However, it is important to realize that there can be risks for parents as well.

Parents in all states are legally responsible for their children's welfare until they reach adulthood. Part of caring for children is providing adequate supervision. Under some circumstances a parent can be charged with neglect for leaving children unattended.

The laws of Colorado do not set a specific age after which a child legally can stay home alone. Unfortunately, age is not a very good indicator of a child's maturity level. Some 15- year-olds may still not be ready. For example, it is inappropriate to leave a 15-year-old alone if the teen is chemically dependent, has emotional problems, or is prone to vandalism or other destructive or illegal acts.

Colorado in general has accepted the age of 12 years as a guideline for when it might be appropriate for a child to be left alone for short periods of time. This standard is based upon the Colorado Child Labor Law, which deems 12 years as the minimum age for employment, for example a babysitter. (See Colorado Revised Statutes. � 8-12-105 (3) ).

Whenever you begin to consider self-care for your child, you should carefully question your child�s readiness for more independence. You should also know how child-protection investigators determine whether there is child neglect. Basically, investigators ask three main questions to determine whether a parent or legal guardian is neglecting a child by not providing adequate supervision:

Question #1.

How mature is the child?

Investigators will measure the child�s maturity level by asking:

Is the child capable of taking care of and protecting himself or herself?

Is the child mentally capable of recognizing and avoiding danger and making sound decisions?

Is the child emotionally ready to be alone? Will she or her feel confident and secure or feel afraid, lonely, or bored?

Does the child know what to do and who to call if a problem or emergency arises?

Does the child have any special physical, emotional or behavioral problems that make it unwise to leave her or him alone?

Question #2.

Who is responsible for the child?

If parents have not left the child in the care of another, investigators will ask:

Where are the parents?

Can the parents get home quickly if needed?

Can the parents be reached by phone?

Do the children know where the parents are and how to reach them?

Question #3.

What is the situation?

What is appropriate under some circumstances may be considered child neglect under other circumstances.

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Answered on 12/17/08, 11:47 am
Jason Savela The Savela Law Firm, PC

Re: leaving a child at home.

last time I looked, the minimum age for a baby-sitter was either 12 or 13 years old. Certainly, that age would be old enough.

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Answered on 12/16/08, 10:25 pm


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