Kids home alone could land Illinois parents on naughty list

Illinois parents can now leave their kids home alone at any age, but a state worker or judge could still label their decision as neglect or abuse.

Leaving your kids home alone this holiday season could still land parents on the Illinois Department of Children and Family Services’ naughty list.

Unlike the parents in the Chicagoland Christmas classic “Home Alone,” Illinoisans can face investigation, arrest and even loss of custody of their children for leaving a minor unsupervised at home for too long or unprepared. Those terms are vague, leaving parents open to bureaucratic overreach.

The Illinois criminal code states leaving any minor under the age of 18 unsupervised is no longer considered neglect if the child is engaging in independent activities, such as staying at home alone.

However, if the state determines the minor is left home alone for an unreasonable period or the conditions constitute an “unreasonable risk” of harm, it could be considered child neglect or abuse.

What poses an “unreasonable risk” of harm to your child you might ask? In short, any factors the court considers to be relevant when assessing the case – creating potential for abuse of the rule by authorities.

The factors include but are not limited to whether the activity is suitable for the child’s age, the number of minors at the location, the duration of time unsupervised, the conditions of the location, the time of day or night, the weather conditions and “any other factor the court deems relevant.”

This also applies to individuals who are 18 or older but thought to have been neglected or abused prior to their 18th birthday.

Illinois parents can temporarily lose custody of their children without a warrant at a state worker’s discretion. These child separations disproportionally hit low-income families deemed “unfit.”

A study by Human Rights Watch and the American Civil Liberties Union concluded “removing a child from their parents, even for a short time, can be highly traumatizing and have long-term consequences.”

In Alto Pass, Alan Schott had his young children taken by DCFS three times. All three times the anonymous claims were unsubstantiated.

Illinois had the highest home alone age in the nation until an amendment to the criminal code took effect in June 2023. Most states don’t see a need to legally define when it is OK to leave a child unattended, but Illinois was one of five with statewide laws on the books.

Illinois parents are the best judges of whether their children are safe and mature enough to stay home alone. Families should live without fear that they could come under investigation – just like in most other U.S. states.