Legal age when kids can stay home alone and overnight (by state)

It usually starts with a schedule conflict. Maybe you have a late work call, or it’s your day for soccer pickup on the other side of town. Or maybe your child just says, “I’m old enough. Can’t I stay home by myself?” And suddenly, you’re wondering: Are they ready? More importantly, are you?

Letting a child stay home alone can be a huge step in independence, but also a big one for family logistics, safety, and peace of mind. If you Google the laws, you can see it’s a patchwork. Some states spell it out. Others leave it up to you. And most? Somewhere in the blurry in-between.

Here’s what to know about the legal side of things, how to tell if your child's ready, and how to set them up for success when you do decide to give it a try.

State laws for staying home alone

Safe Kids Worldwide states that “developmentally, children are generally ready to be home alone around the age of 12 or 13.” This is a helpful guideline because only a handful of states set a legal minimum age for when kids can be left home alone.

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As of this publication, these are the ages kids can stay home alone in every state:

If your state doesn’t have a specific law, it may still have guidelines in place. The U.S. Department of Health and Human Services suggests contacting your local police department or child protective services agency to check. Or, ask your pediatrician.

Even without clear laws, there are situations where it just doesn’t feel safe based on your child’s age or individual circumstances. That’s why it helps to consider your own child’s readiness, along with what the rules say.

At what age can a child stay home overnight?

If staying home alone during the day feels like a big decision, overnight is even bigger. So, is there a legal age for that?

In most states, the answer is no; there aren’t many laws that spell out a specific age when a child can stay home overnight, especially alone. It’s usually left up to the parents. Some states may consider overnight stays part of their broader neglect laws, so if you’re unsure, call your local child welfare agency for clarity.

Is your child ready to stay home alone?

Aside from the law, most parents know when their child just isn’t ready and when they might be. Some 11-year-olds are completely capable of being home alone. Others might not be there yet at 13, and that’s okay.

The big questions to consider are:

• Can they stay calm under pressure? 

• Do they follow directions? 

• Do they know how to call you (or 911) if something goes wrong? 

• Have they ever actually wanted to try being home alone, even for a short stretch?

You can also do a quick mental scan of your home. Are there potential hazards they’d need to avoid? Do you trust that they’d leave the stove off, lock the doors, and not open them to anyone? Will you feel the need to check your phone every three minutes, or can you put your shoulders down and focus? 

Preparing your child for staying home alone

The first time a child stays home alone doesn’t have to be dramatic. In fact, it shouldn’t be. Start small, like with a 30-minute errand. Or take a walk around the block. You can even start by just sitting outside while they stay inside, and build up from there.

To help set them up for success, go over a few key areas ahead of time:

• Emergency info. Post a list somewhere visible with your phone number, a backup contact, and important info like your address (in case they need to call 911).

• Clear house rules. Let your child know what they can and can’t do while you're gone. Is the stove off-limits? Should they answer the door? You can also leave a list with snack or activity ideas to make it easier.

• Childproofing the space. Check for anything that could potentially be unsafe (things like space heaters, candles, cleaning supplies). If they shouldn’t use it while you’re gone, put it out of reach.

• Test runs. Start with 10-15 minutes of you being outside the house. Then talk to your kids about how they felt, what went well, and what to do differently next time.

• Communication plan. Before you go, agree on a check-in plan. Maybe a quick call halfway through, or an “on the way!” message before you come home. 

• Role play the what-ifs. What if the smoke alarm goes off? What if someone knocks and won’t leave? What if the Wi-Fi cuts out and they get anxious? Walk through a few scenarios and solutions together so they feel prepared.

The goal is to help kids feel safe, confident, and in control. And peace of mind for you!

Once your kids are home-alone pros, you might wonder how old your child has to be before they can babysit. The U.S. Department of Labor says 13, in general. Still, like leaving your kids home alone, there are many factors to consider.

Bonus tip: If you use the Greenlight debit card for kids and you have an older child babysitting a sibling during that time, you can even pay them quickly through the app when you get home. 

Staying home alone can be a big confidence booster for kids and a helpful logistics solution for families. But it’s not a one-size-fits-all milestone. It’s about readiness, not just age. Know the guidelines, prepare them for success, and have a backup plan for the unexpected.

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