Jason Stephens | December 20, 2024 | Texas Law

What Age Can Children Stay Home Alone?

Many parents face the issue of what to do with their children if they do not have daycare or supervision. Whether you need to go to work or need to run errands, you need to understand your state’s law regarding child neglect and abuse. States have different laws and guidelines for how old a child should be before they can be left home alone.

For example, Maryland Statute §5-801 states that a parent cannot leave a child under the age of 8 alone at home unless they can see the place where the child is or have arranged for adequate supervision. Oregon Revised Statute 163.545 makes it a crime to leave a child under 10 years old unattended for a period likely to endanger the child.

Many states do not have specific laws but provide guidance for parents. For instance, Colorado suggests that a child needs to be at least 12 years old to stay home alone, and Washington State suggests that a child should be at least 10 years old.

The Child Welfare Information Gateway published a fact sheet providing parents with guidance for leaving their children home alone. The fact sheet includes a link to search state statutes to determine whether your state laws specify a minimum age for children to be left home alone.

How Old Do Children Need to Be to Stay Home Alone in Texas?

Texas does not have a specific law that states how old a child must be to stay at home without supervision. Instead, the state uses the definition of “neglect” to determine whether a parent has failed to supervise their children adequately. Texas Family Code §261.001(4) defines neglect as leaving a child in a situation without arranging for appropriate care where the child could be exposed to the immediate danger of mental or physical harm.

The Texas Department of Family and Protective Services (DFPS) provides a list of factors parents should consider before deciding whether to leave their child home without supervision. 

  • Your child’s emotional maturity, physical age, and capability to care for themselves
  • The safety and design of the home or other place you intend to leave your child alone
  • The dangers, hazards, and risks in the surrounding area and neighborhood
  • Whether your child can adequately respond during an emergency, such as a fire, injury, adverse weather, etc.
  • Your child’s mental and physical health and whether they have an impairment or disability
  • The number of children being left at home without supervision
  • Whether your child knows where you will be and how to contact you and other responsible adults
  • How long and how often your child has been left alone in the past without incident

These factors are not comprehensive, as children and situations are unique. Parents must consider their child’s specific qualities when deciding whether they are old enough to be left home alone. 

Safety Tips for Leaving Your Child Home Alone in Texas

Parents who believe their children are old enough to stay home alone must ensure the home is safe for them and that their children are prepared to do so.

The American Red Cross offers these safety steps for leaving kids home alone:

  • Post emergency numbers next to the phone, including 911, neighbors, doctors, family members, etc.
  • Post your cell numbers and where you will be near the phone.
  • Lock or store potentially dangerous items where children cannot access them, such as power tools, poisons, alcohol, firearms, pesticides, medications, knives, scissors, ammunition, etc.
  • Limit the appliances your child can use while home alone and what they can cook.
  • Consider installing security cameras inside and outside of your home.
  • Teach children to lock all doors and windows and activate the alarm system.
  • Ensure your children understand they should never open the door to strangers, including service representatives and delivery people.
  • Never talk about being home alone on social media, at school, or with friends.
  • Do not tell people your parents are not home. 
  • Never go outside to check for strange noises or leave the house without permission.
  • Do not allow friends to come over when parents are not home.

It is also wise to have a safety plan for various emergencies, including fires. Review the safety plans with your children and practice what to do in the event of an emergency.

Protecting Your Children From Danger and Injury

Parents should prioritize their child’s security, safety, and well-being. However, that does not mean a parent may never leave their child home alone. Parents who carefully consider the factors listed above and prepare their children and home may feel confident in leaving their child home alone.

If parents do not feel their children are ready to stay home alone, they can look for alternatives, such as daycare, children’s programs, or leaving them with friends or family members.

What Can Parents Do if Their Children Are Injured in an Accident?

Unintentional injuries and accidents are common for children. Children may be injured at home or at other places, such as:

If another party is responsible for causing your child’s injuries, your child may have a personal injury claim against that party. Your child may be entitled to economic and non-economic damages. However, you must prove the legal elements of an injury claim to recover compensation for your child. Furthermore, the Texas statute of limitations (two years) limits your child’s right to file a lawsuit.

Contact Our Personal Injury Law Firm in Fort Worth, TX

If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.

Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000

Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000