Kids Home Alone, No Federal Age Rule, It Depends on State

There is no federal rule on how old a child must be to stay home alone in the US. The federal Children’s Bureau says state child abuse and neglect reporting laws do not specify an age and there is no consistent community standard, so it depends on whether your state, county or city has its own rules.

A few states put conditions into law. Maryland, for example, says a person caring for a child under 8 may not leave the child locked or confined in a home, building or car while away unless a reliable person at least 13 years old stays with the child; Illinois sets no fixed age and instead weighs factors such as the child’s age and how long the child is left to decide whether it is neglect.

Federal law and two states

What the federal Children’s Bureau says

The FAQ from the Children’s Bureau (part of ACF in the Department of Health and Human Services) says (ACF):

• State laws set no age: state child abuse and neglect reporting laws do not specify the age at which a child can be left home alone.
• No consistent standard: there are no consistent community standards on when and under what circumstances children can be left alone or in the care of other children.
• Where to ask: your state, county or city policies or ordinances may address it, and local police or child protective services (CPS) can tell you about local rules.
• 211: a free social services referral line that can connect you with local resources, so you are less likely to have to leave a child alone to go to work.

Maryland under 8 cannot be left confined alone

Maryland Family Law §5-801 says a person caring for a child under 8 may not, while away and out of sight, allow the child to be locked or confined in a home, building, enclosure or vehicle unless a reliable person at least 13 years old stays to protect the child. A violation is a misdemeanor punishable by a fine of up to US$500, up to 30 days in jail, or both (Maryland General Assembly).

Illinois weighs the circumstances

Section 2-3 of the Illinois Juvenile Court Act treats leaving a minor without supervision for an unreasonable period of time, without regard for the minor’s health, safety or welfare, as neglect. The law sets no fixed age; the factors it lists include (Illinois General Assembly):

• The child: age, and any special needs or disability.
• Time: how long the child is alone, and whether it is day or night.
• Place: where the child is left, its condition, the weather and heat or light, and how far away the parent is.
• Arrangements: whether the child is locked in a room, has a phone number to call in an emergency and can make an emergency call, and has food.
• Number of children: how many children are left at the location.

This wording comes from a 2023 amendment: Public Act 103-0233 (effective June 30, 2023) deleted “under the age of 14 years” from this provision and added the list of factors, and the General Assembly’s legislative findings say Illinois law had been widely misinterpreted as meaning children cannot be left home alone under any circumstances unless they are at least 14 (Public Act 103-0233).

Who watches them after school? Find child care and after-school programs first

If you just moved and aren’t sure of local rules, arrange after-school care first. For choosing child care and after-school care, see How to choose child care and after-school care in the US; for moving with children, school enrollment and health insurance, see Moving to the US with children.

What this article did not check

• Other states and local rules: this article read only the Maryland and Illinois statutes and did not check other states; ask local police or CPS about county and city rules.
• The federal Child Welfare Information Gateway guide for parents: the original “Leaving Your Child Home Alone” page on childwelfare.gov could not be found on the day we checked (404).
• Medical or pediatric age recommendations: this article did not check.

Frequently asked questions

Is there a US law on what age kids can stay home alone?

Not at the federal level. The Children’s Bureau says state reporting laws do not set an age; it depends on state, county and city rules.

In Maryland, at what age can a child not be left confined alone?

Under 8. A caregiver who leaves may not lock or confine a child under 8 at home unless a reliable person at least 13 years old stays with the child.

Does Illinois require kids to be 14 to stay home alone?

The current law does not say 14. Section 2-3 of the Illinois Juvenile Court Act looks at factors such as the child’s age, how long, where, and whether there is a way to reach help in an emergency to decide whether it is neglect. The “14” you see online comes from the wording before 2023; Public Act 103-0233 deleted it, and the General Assembly called that reading a widespread misinterpretation.

I’m not sure of the local rules. Whom do I ask?

The Children’s Bureau suggests asking local police or child protective services (CPS); for after-school care and other resources, you can call 211.

This item on the checklist

“Research daycare and after-school care” is in the full version of the My USA Plan checklist . The first 30 items are free, and the full 91 items cost US$9.90 once, not a subscription.

Sources and dates checked

All checked on 2026-10-28. This article is not legal advice.

• ACF Children's Bureau, At what age can a child be left home alone?: https://acf.gov/cb/faq/can2
• Maryland Code, Family Law §5-801: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=5-801&enactments=false
• Illinois Juvenile Court Act of 1987, 705 ILCS 405/2-3: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K2-3
• 211: https://www.211.org/
• Illinois Public Act 103-0233 (SB1834, effective 2023-06-30): https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0233

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