Leaving kids home alone at Christmas could still land you on naughty list

Illinois no longer has the highest home alone age in the nation, but it might not be the Christmas gift parents were hoping for. Illinoisans should still get a sitter or risk coming under investigation.

Leaving your kids home alone this Christmas to stop by the neighbors’ for eggnog could still bring the Illinois Department of Children and Family Services knocking on your door.

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 home unsupervised for too long or unprepared.

Illinois had the highest home alone age in the nation until last year. 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.

Under the previous state law, it could be considered neglect or abuse when any minor under the age of 14 years was left without supervision for an unreasonable period of time without regard for their mental health, physical health, safety or welfare.

But an amendment to the criminal code clarifies 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, unless it is for an unreasonable period of time or the conditions constitute an “unreasonable risk” of harm.

The amendment that went into effect June 2023 also no longer specifies an age to determine reasonableness for allowing minors to stay home alone in Illinois.

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.”

Illinois parents can temporarily lose custody of their children without a warrant at an officer’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.

Separating a family struggling with poverty won’t make their living conditions better. It will only make them worse.

Illinoisans should decide for themselves whether their children are safe and mature enough to stay home alone without fear that they could come under investigation – just like most American parents.