Can you be charged with a crime for leaving your child home alone in KY? What law allows
More than half of U.S. families are spending 20% of their household income or more on child care costs alone, and in Kentucky, families are paying hundreds of dollars a week, one survey from the Kentucky Center for Economic Policy found this spring.
This comes as child care funding in Kentucky is facing a looming fiscal cliff by year’s end with the expiration of federal funding provided by the American Rescue Plan Act. That money helped stabilize the state’s anemic child care provider system, with nearly 1,600 Kentucky child care centers closing their doors for good since 2012, according to KCEP.
This might leave some parents increasingly wondering: How old does my child need to be before they can supervise themselves or their siblings, and what are the potential legal consequences for leaving my child home alone?
While there isn’t a Kentucky law that sets an age at which a child can legally be left home alone, there can be legal consequences for parents who leave their children unsupervised in a way that puts them at risk.
What does Kentucky law say about leaving your child unsupervised?
Kentucky treats this situation as a decision to be made by the parent, assessed on a case-by-case basis. Some children mature faster than others, and the state doesn’t micromanage every decision a parent makes.
That said, the law also spells out what constitutes child abuse and neglect. The relevant statute for this in Kentucky is KRS 600.020.
Under that statute, a parent, guardian or person with authority over a child could be found guilty of child abuse or neglect based on the following criteria, which may come into play when a child is left home alone:
Creating or allowing to be created a risk of physical or emotional injury by other than accidental means.
Engaging in a pattern of conduct that renders the parent “incapable of caring for the immediate and ongoing needs of the child.”
Continuously or repeatedly failing or refusing to provide “essential parental care and protection for the child, considering the age of the child.”
Failure to provide the child with adequate care and supervision, including food, clothing, shelter, education and necessary medical care when they have the financial means to do so.
What charges apply for leaving a child home alone and at risk?
The charges and attached penalties for criminal child abuse in the Bluegrass State vary based on the severity of the offense.
According to the legal information website FindLaw, criminal child abuse is divided into the following three degrees, based on the state of mind of the perpetrator.
First degree - Intentionally doing any of the following acts to a child under age 12 who is either physically or mentally helpless or allowing another person to do so: Causing serious injury, putting a child in situation that may cause serious physical injury or torture, cruel confinement or punishment.
Second degree - Same acts as the first degree except the abuse is committed “wantonly,” meaning the person was aware of the risks and deliberately chose to ignore them.
Third degree - The abuse is done “recklessly,” or failing to perceive the risks involved, deviating from what a reasonable person would do.
In Kentucky, child abuse is punished as follows, again based on degree:
First degree - Class C felony, which carries a penalty of five to 10 years in prison and a fine of $1,000 to $10,000 or double what was gained from the crime.
Second degree - Class D felony. The punishment is one to five years imprisonment and a $1,000 to $10,000 fine.
Third degree - Class A misdemeanor attached to a jail sentence of up to 12 months and a $500 fine.
There could also be legal consequences for not reporting abuse when there is reasonable cause to believe abuse or neglect is occurring.
Everyone in Kentucky is a “mandatory reporter” of child abuse, regardless of their job. If you wish to make a report, call the Statewide Child Abuse hotline number at 1-877-597-2331. Contact local law enforcement if the situation is life-threatening.
How to decide whether your child is old enough to stay home alone
Sherri Hannan, a registered nurse and the coordinator of Safe Kids Fayette County, previously shared questions parents can ask themselves to help gauge their child’s independence and maturity.
According to Hannan, there’s a general consensus among child safety and pediatric experts that children younger than 11 shouldn’t be left home alone because they lack the capacity to handle emergencies on their own.
If you’re considering whether your child is old enough to be left home alone, ask yourself the following questions:
Is my child emotionally ready to be left home alone?
Are they physically capable of being by themselves unsupervised?
Do they follow rules well?
Are they responsible about doing their chores and homework?
Are they aware of what could happen while grownups are away?
Do they know how to handle those scenarios?
Is your home properly secured?
Is there a pool in the backyard?
Are there guns in the home?
Are they willing to look after and care for their younger siblings, if applicable?
Do they understand what to do in an emergency? Do they have a way to call 911 or is there a neighbor nearby they can turn to?
Do they know how to be safe and understand the importance of safety?
Do you have a question about the law in Kentucky for our service journalism team? Send us an email at ask@herald-leader.com or fill out our Know Your Kentucky form.