(The Center Square) – More than 430,000 Illinois households with children under 14 may not have a parent who could stay home to supervise their online learning.
For parents who decide their pre-teen is responsible enough to stay home alone and learn, a murky state statutecould get create confusion.
More Illinois school districts are opting to start the school year with only remote learning, sometimes with little notice, because of concerns about COVID-19 outbreaks, leaving working parents to either reduce hours or quit jobs or find another place their kids can go during the school day. The latter option can cost parents thousands of dollars.
Consumer advocates at Smart Dollar used 2018 Census data to tabulate what percentage of single-family households with kids under 14 years of age had full-time working parents.
Illinois matched national figures, showing 41 percent of the state’s more than 1 million single-family households didn’t have a parent who didn’t work full time.
Those thousands of parents who might think their young student is responsible enough to be home alone during the workday may be right, but the Department of Children and Family Servicesdeemsa neglected minor as “any minor under the age of 14 years whose parent or other person responsible for the minor’s welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety or welfare of that minor.”
The state statutesays“for more than a period of 24 hours,” but an incident could remain on a parent’s record for years. In other states, school officials havereporteddozens of families to state social workers after the children fail to log on for virtual classes.
Illinois' law has a higher age than other states, partly because of a high-profile case in 1992. In that case, David and Sharon Schoo, in 1992lefttheir 9- and 4- year-old daughters alone in their home near St. Charles over Christmas while they vacationed in Mexico. The movie “Home Alone 2” was in theaters at the time and the story generated national headlines. A judge later sentenced the parents to two years of probation as part of a plea deal.
Efforts to change the law in recent years have stalled, but state Rep. Joe Sosnowski, R-Rockford, plans to take another run at putting the age in the state law in line with other states.
“There’s inconsistent language and, according to our statutes, anybody under the age of 14 really needs to have an adult or supervision,” he said. “When we’re talking about virtual school and not having five days of school, it’s especially pertinent that the Legislature make sure that the laws that we have are consistent and allow parents that flexibility for those kids who are obviously mature enough to stay home.”
Kyle Hillman, director of legislative affairs at the National Association of Social Workers, Illinois Chapter, said it is legal to leave a minor home alone during the workday because of the phrase “for an unreasonable period of time” in the state law.
“Under Illinois law, that is perfectly legal to leave that child home alone as long as it’s a reasonable amount of time and you took care of their health and wellbeing,” he said.
Hillman said he opposed Sosnowski’s bill. He said the bill removes a weapon in a prosecutor’s arsenal to properly punish negligent parents. A better solution, he said, would be for the Illinois Department of Children and Family Services to clarify what is safe and what isn’t safe.
“A parent wants to know ‘as long as I leave my 12-year-old to do homeschool and I’ve taken care of all of these different things, I’m gonna be in the clear?’” he said. “That’s where I don’t think it needs a statutory change, I think it needs a DCFS advisory change.”
Cook County Sheriff Tom Dart sponsoredthe bill during his time as a state representative. When asked about his view of the legislation in light of widespread virtual learning, his office responded.
"The safety and well-being of children have always and will always be a priority for Sheriff Tom Dart. Now more than ever, children need to feel safe and secure with so much uncertainty with the pandemic," a spokesperson said.
FAQs
Illinois has one of the most important laws when it comes to decisions on whether to leave a child home alone. In short, all children left at home should be at least 14 years old for it to be legal.
What is the law on leaving a child home alone in Illinois? ›
Leaving a child under 14 home alone in Illinois is illegal. That's the highest age of any state, with only three other states making that parental decision a matter of state law.
What happens if your kid doesn't go to school? ›
If prosecutors think the parents are not making an effort to get their child to school, criminal charges could be brought under Penal Code 270.1a PC – failing to supervise a child's school attendance. Misdemeanor convictions carry up to: 1 year of county jail time, and. $2,500 in fines.
What to do when your child doesn t want to leave the house? ›
You might try one or several of the following:
- Ask for a hug first, instead of telling him it is time to go. ...
- Ask for his help. ...
- Use your sense of humor. ...
- Offer a choice. ...
- Invite him to help others. ...
- Hand him a watch with a second hand and say, "It will take me about two minutes to pay the bill. ...
- Try what I call the See Saw.
Your custody schedule should give your toddler frequent contact with both parents and provide both parents opportunities to feed, bathe, play with, read to, arrange playdates for, and put the toddler to sleep. Toddlers can be away from either parent for 2 or 3 days.
Can you leave a 16 year old home alone for a week in Illinois? ›
Illinois has one of the most important laws when it comes to decisions on whether to leave a child home alone. In short, all children left at home should be at least 14 years old for it to be legal.
What is the consent age in Illinois? ›
Under Illinois law, a person must be at least 17 years of age in order to give consent; it is illegal in Illinois for a person 18 or older to commit sexual acts on a person under the age of 18 if they have a position of authority or trust over the victim.
What happens if my 13 year old refuses to go to school? ›
If your teenager is repeatedly refusing to go to school, communicate with teachers or school counselors so they know why your child is struggling to get to class and can provide extra support. For example, school staff may wish to discuss setting up a 504 plan.
What happens when a 13 year old refuses to go to school? ›
If school refusal goes on for weeks or months, it's time to take action. It's possible that your child is being bullied or having a hard time with a teacher. If you think that might be the case, talk to your child, their teachers and other adults in their life to find out if anything is going on.
Should you force a child with anxiety to go to school? ›
Be firm about school.
Be empathetic but firm that your child or teen must attend school. Tell her you are confident she can face her fears. Let your child know that while physical symptoms of anxiety, such as stomachaches, headaches, and fatigue, are certainly unpleasant, they are not dangerous.
At what age can you leave a child home alone in California? In California there is no legal minimum age a child can be left alone, according to the San Bernardino County District Attorney's office. However, the maturity and emotional level of a child are all “factors that should be taken into account.”
What is agoraphobia in children? ›
Agoraphobia is a kind of anxiety that is triggered by specific situations. Common fears in agoraphobia include being in crowds, enclosed spaces like elevators, open space like bridges or parking lots, and public transportation.
What is the appropriate age to leave your child at home? ›
While child experts typically agree that 11 or 12 years old is an appropriate age to stay home alone for a few hours, there are a number of factors to consider. It is important to recognize that the right time will vary by family, so trust your instincts.
At what age would separation from the mother be most difficult for a child? ›
Kids between 8 months and 1 year old are growing into more independent toddlers, yet are even more uncertain about being separated from a parent. This is when separation anxiety develops, and children may become agitated and upset when a parent tries to leave.
How long do kids need their mother? ›
Erica Komisar, a psychoanalyst and the author of "Being There: Why Prioritizing Motherhood in the First Three Years Matters," believes positive parenting is crucial to the early years of a child's life. Mothers serve two very important biological functions for children in the first three years.
How long can a 4 year old be away from mother? ›
For a 3-6 year old, about 2-3 days — a week at the maximum, and that's probably stretching it. That said, the problem with our culture is that very few parents have a tribe-like support system around them.
Can a 12 year old babysit? ›
Some children have the maturity to start babysitting as early as age 12 or 13. Others are better off waiting until they're older teenagers. Before you let your tween babysit, demand the same qualifications that you would from any babysitter you are considering hiring.
Can I sue DCFS Illinois? ›
Yes, you can sue DCFS in Illinois, but it will not be easy. The Department of Children and Family Services (DCFS) can get sued for abuse, gross negligence, or a violation of civil rights. Because these cases are so difficult, you will want to talk to a Chicago civil rights attorney about your case.
How old does a child have to be to stay home alone in Indiana? ›
What is the minimum age to leave a child home alone? Most states do not have a minimum age. However, in states that do have a minimum age it ranges from 8 to 14. In Indiana, there is no minimum age, rather the answer is "it depends".
At what age can a child stay home alone in Wisconsin? ›
In the state of in the state of Wisconsin there is no legal minimum age requirement for leaving your children alone at home. The decision is left to the parents based on what they know about the maturity of the child, and the safety of the environment the child will be left in.
