What Age Can a Child Stay Home Alone by State?

Only two states set a legal minimum age for a child to stay home alone: Maryland prohibits leaving a child under 8 unattended, and Oregon prohibits leaving a child under 10 in a situation likely to endanger them. Every other state relies on general neglect laws or non-binding child welfare guidelines, so the age at which a child can stay home alone by state usually comes down to the child’s maturity, the length of time, and how local child protective services would read the situation. No federal law addresses it.

The Two States With a Statutory Age

If you want a yes-or-no answer from the statute books, you’ll find it in only two places.

Maryland: Under 8

Maryland Family Law §5-801 makes it illegal for a person charged with a child’s care to leave that child under 8 unattended in a home, building, or vehicle unless a reliable person at least 13 years old is with them. A violation is a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both.¹

Oregon: Under 10

Oregon Revised Statutes §163.545 makes it a crime to leave a child under 10 unattended in or at any place for a period of time likely to endanger the child’s health or welfare. The offense is child neglect in the second degree, a Class A misdemeanor.²

The two statutes work differently. Maryland’s prohibition is categorical: under 8 and alone is a violation. Oregon requires the additional element of likely endangerment, so a 9-year-old left briefly in a safe home may not trigger the statute while the same child left for hours in a risky setting likely would.

Illinois Does Not Set the Age at 14

Many online lists still say Illinois sets a minimum age of 14. That isn’t accurate. The Illinois Abused and Neglected Child Reporting Act defines a “child” as anyone under 18, and the neglect provision reaches any minor left unsupervised for an “unreasonable period of time without regard for the mental or physical health, safety or welfare” of the child.³

The Illinois Department of Children and Family Services confirms that reasonableness depends on the specific child and situation, not a fixed age. Factors include the child’s age and maturity, how long they were left, the time of day, the condition and location of the home, the weather, and whether siblings with special needs were present.⁴

State Agency Guidelines

Most states handle unsupervised children through their child welfare agencies rather than through statute. The guidelines below don’t carry the force of law, but they’re what caseworkers use when deciding whether to open an investigation. Treat them as the working standard in each state.

Colorado: No law sets a minimum age. The state generally treats 12 as a working guideline for short periods alone, drawing in part on Colorado’s child labor law, which sets 12 as the minimum employment age.⁵
Delaware: No law regulates an age. Delaware’s Division of Family Services will accept a report about a child of any age believed to be unsafe alone.⁶
Georgia: The Division of Family and Children Services recommends that children 8 and younger never be left alone, and that children 9 through 12 be left for no more than two brief hours with a specific plan in place.
Kansas: The Department for Children and Families advises that children under 7 should never be left without adult supervision, that children 7 through 9 may be alone for short daytime periods but should not watch other children, and that children 10 and older may be left alone depending on time, duration, and maturity.⁷
Michigan: No state law. State guidance treats children 10 and younger as not responsible enough to be home alone, with cases involving children between 10 and 12 evaluated individually.
North Dakota: The Department of Human Services recommends constant supervision for children 8 and under, no more than two daytime hours alone for a 9-year-old (and no nighttime hours), and longer stretches for children 10 and 11 with overnight stays discouraged and no responsibility for younger children.⁸
Tennessee: No legal minimum age. The Tennessee courts advise that children under 10 should not be left without supervision at any time, and that older teenagers may be left alone for short periods.⁹

If your state isn’t listed, it almost certainly falls into the majority with no statute and no published age guideline. The U.S. Department of Health and Human Services confirms that state reporting laws generally do not specify an age at which a child can be left home alone, and recommends contacting your local police department or child protective services agency for local rules.¹⁰

Local Ordinances Can Be Stricter

Even where a state is silent, a city or county may have its own rule. Albuquerque, New Mexico prohibits leaving children 10 and younger home alone, though New Mexico itself has no statewide age requirement.¹¹

Local ordinances are harder to find than state statutes. A short call to your city’s non-emergency police line or your county’s child protective services office is the fastest way to confirm whether anything applies where you live.

Reasonable Childhood Independence Laws

A countertrend is reshaping how unsupervised-child reports are handled. Starting with Utah in 2018, at least eleven states have passed Reasonable Childhood Independence laws that limit when age-appropriate independent activity can be treated as neglect. Colorado, Connecticut, Montana, Virginia, Texas, Oklahoma, Illinois, Georgia, Florida, and Missouri have followed.

These statutes generally provide that letting a child walk to school, play outside, or stay home briefly is not, by itself, neglect. They don’t override specific age thresholds where those exist, but they raise the bar for what triggers a CPS investigation. In one of these states, a neighbor’s call about an 11-year-old playing alone in the yard is less likely to open a case than it would have been a decade ago.

What CPS Actually Evaluates

When there is no bright-line age, caseworkers look at the whole picture. Knowing the inputs helps you make a defensible decision.

The child’s maturity. A rule-following 10-year-old reads differently from a 12-year-old with a history of impulsive behavior. Age is one input among several.
Duration. Thirty minutes after school is not a weekend.
Time of day. Daytime draws less scrutiny than overnight. Most agency guidelines don’t treat children as ready for overnight stays alone until 15 or 16.
Home environment. Accessible firearms, an unfenced pool, or broken locks raise risk. Investigators ask whether the home was set up for the child to be safe.
Emergency access. Can the child reach you, call 911, and get to a nearby adult?
Siblings present. Being alone is one thing; being responsible for a toddler is another. Most state guidelines treat supervising younger siblings as a higher bar.
Special needs. A medical condition, developmental disability, or significant behavioral challenge raises the required supervision level regardless of age.

The question caseworkers ask is whether a reasonable parent, knowing this child and these circumstances, would have made the same call.

Legal Consequences if It Goes Wrong

Parents who leave a child in a situation that goes badly, or that someone reports, can face two tracks of consequences running at once.

Criminal Charges

In states with an age statute, a violation is typically a misdemeanor. Maryland’s penalty tops out at a $500 fine and 30 days in jail.¹ Oregon’s second-degree child neglect is a Class A misdemeanor.² In states without a specific statute, prosecutors use general child endangerment or neglect laws. Most first offenses are misdemeanors; if the child is harmed or there’s a pattern, felony charges become possible.

CPS Investigation and the Central Registry

Separately, a report opens a child welfare investigation. A caseworker will interview the child, parents, and often teachers, doctors, or neighbors, observe the home, and check for prior reports. If safety can’t be assured, the agency may require a safety plan or, in serious cases, temporary removal.

A “founded” or “substantiated” finding of neglect places the parent’s name on the state’s child abuse and neglect central registry. That entry can appear on background checks and disqualify you from work in education, childcare, healthcare, and other fields involving children. It can also affect custody proceedings. Some states allow an administrative challenge, but you carry the burden of proving the finding wrong.

When an Older Child Can Supervise Younger Siblings

Watching younger siblings is a bigger responsibility than being home alone, and the rules reflect that. Maryland’s statute requires any caretaker for a child under 8 to be at least 13.¹ North Dakota’s guidelines say children under 12 should not be responsible for younger children.⁸

The American Red Cross recommends babysitters be at least 11 and offers training starting at that age covering basic first aid, emergency protocols, age-appropriate activities, and managing behavior.¹²

Cars Are a Separate Rule

Children left alone in vehicles are governed by different laws than children left at home. About 20 states have statutes making it illegal to leave a child unattended in a car, with age thresholds and conditions varying by state. Illinois, for example, prohibits leaving a child 6 or younger in a car for more than 10 minutes without someone at least 14 years old present. Even in states without a vehicle-specific statute, a child left in a car on a warm day can draw charges under general endangerment laws. If your question is about the car rather than the house, check your state’s specific vehicle statute, because the home-alone guidelines above don’t apply.

1
Maryland General Assembly. Maryland Family Law 5-801
2
Oregon State Legislature. Oregon Revised Statutes 163.545 – Child Neglect in the Second Degree
3
Illinois General Assembly. 325 ILCS 5/3 – Definitions
4
Illinois Department of Children & Family Services. Preparing Your Children to Stay Home Alone
5
Colorado State Publications Digital Repository. When Is It Legal to Leave Children Alone
6
State of Delaware. Frequently Asked Questions – DSCYF
7
DCF. Home Alone Check List
8
North Dakota Department of Human Services. Home Alone: Is Your Child Ready?
9
Tennessee Administrative Office of the Courts. Juvenile and Family Courts FAQs
10
HHS.gov. At What Age Can a Child Legally Be Left Alone to Care for Themselves?
11
City of Albuquerque. Child Safety at Home
12
Red Cross. How Old Do You Have to Be to Babysit