Oakley, CA asked in Family Law for Nevada

Q: If a parent leaves a 12 year old child in a home for 4days alone while the parent is out of the state, is that neglect ?

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Jennifer Setters
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Answered

A: Leaving a 12-year-old child alone for four days while the parent is out of state could potentially be considered neglect, depending on the circumstances and the laws in the relevant jurisdiction. Child neglect laws vary by state, but they generally require that children be adequately supervised according to their age and maturity level to ensure their safety and well-being.

Here are a few factors that may be considered:

Age and Maturity: While some children may be capable of handling short periods alone, four days is a lengthy absence, and most states consider 12 too young for a child to be left unsupervised for such an extended time. Generally, laws or guidelines recommend that minors not be left alone for long periods, especially overnight, until they are at least 14 or older.

Access to Food and Emergency Care: Neglect may be found if the child does not have access to adequate food, a safe environment, or the ability to reach an adult if an emergency arises.

State-Specific Laws: Many states have specific guidelines about the minimum age at which a child can be left alone. While some states have laws or policies around unsupervised minors, others leave it to child protective services (CPS) to assess on a case-by-case basis.

Potential for Harm: If there is a reasonable risk of harm to the child—such as lack of supervision, potential for accidents, or inability to handle an emergency—this could be grounds for a neglect finding.

Importance of Consulting an Attorney

If there are any legal concerns or if a report of neglect has been filed, consulting with a family law attorney could be important. An attorney could provide guidance on specific state laws, help clarify potential outcomes, and advocate for the parent’s rights if CPS or the court is involved.

In summary, while there is no universal answer without more context, leaving a 12-year-old child alone for four days generally raises concerns about neglect, and it is likely advisable to seek legal advice to understand the implications fully.

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