Texas law on leaving children home alone: No set age, but neglect and abandonment laws apply

Summer is officially here.

While it’s a season of freedom for many kids, it can be a source of stress for parents and guardians, especially those without access to childcare, even for just a few hours.

If that’s you, you might be asking: Is it legal to leave my child home alone?

Texas law doesn’t set a specific age at which a child can be left home alone, according to the Texas State Law Library. Like most U.S. states, the decision is left to the discretion of parents or guardians.

The decision of whether a child is ready to be left alone depends on various factors, including the child's maturity, the safety of the home, and the risks in the surrounding neighborhood.

However, the Texas Department of Family and Protective Services outlines specific laws regarding child abandonment and neglect.

• Neglect: A person may be guilty of neglect if they fail to provide necessary care — such as food, clothing, or shelter — for reasons other than financial hardship.
• Abandonment: It's a felony to intentionally leave a child in a situation where they could suffer harm, with the intent to abandon them.

Here are some questions the Texas Department of Family and Protective Services encourages parents to consider when deciding whether it’s appropriate to leave a child home alone:

• How old, emotionally mature, and capable is your child?
• What is the layout and safety of the home, play area, or other setting?
• What are the hazards and risks in the neighborhood?
• What is your child's ability to respond to illness, fire, weather, or other types of emergencies?
• Does your child have a mental, physical, or medical disability?
• How many children are being left unsupervised?
• Do they know where you are?
• Can they contact you or other responsible adults?
• How long and how often is the child (or children) left alone?

You should never leave an unattended child in a car, even for short periods of time.

"If children are trapped inside cars, especially in hot weather, they can suffer from heat exhaustion or heat stroke in a matter of minutes, leading to permanent disability or death," the Texas Department of Family and Protective Services website states.

Even if the vehicle is running with the air conditioning on or it's parked in your driveway, Texas law still applies. The key legal issue is whether the child is unattended.

Remote start and AC may reduce the immediate risk of heatstroke, but they do not make it legal to leave a young child alone in the vehicle. In fact, the Texas Penal Code doesn't make exceptions based on location — like a driveway just outside the home — or vehicle conditions — like temperature control.

In short, if a child under 7 is left alone in a vehicle for more than five minutes without a person aged 14 or older also present, it’s a crime, regardless of whether the car is in motion or parked at home.