You are here
Oregon does not have a law specifically stating the exact age when children can be left home alone. While some say it is 10, the answer is more complex than that and involves assessment of the child's maturity. The Oregon Revised Statutes (ORS) on "Child Neglect" provide some guidance. See 2021 ORS Chapter 163, Sections 545 and 547 (below). Court decisions interpreting and applying the statutes are also important. Some can be found in Annotations for chapter 163.
Both Clackamas County and Clatsop County have Juvenile Department FAQ pages with more information on leaving kids home alone.
The U.S. Department of Health and Human services has a factsheet on leaving your child home alone. It has information about how to decide if your child has the skills and maturity to be left home alone. Note: they inaccurately list the age in Oregon as 10. However, as mentioned above, the law in Oregon is not as clear as that.
The Oregon State Bar has a video titled "At what age can I leave my child home alone?" on their family law page.
ORS 163.545 Child neglect in the second degree. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.
(2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 §174; 1991 c.832 §2]
ORS 163.547 Child neglect in the first degree. (1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:
(A) In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475C.009 are being criminally delivered or manufactured;
(B) In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract as defined in ORS 475C.009 is being processed, if the premises have not been licensed under ORS 475C.085;
(C) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:
(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or
(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885; or
(D) In or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(b) As used in this subsection, “vehicle” and “premises” do not include public places, as defined in ORS 161.015.
(2) Child neglect in the first degree is a Class B felony.
(3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.
(4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 §1; 2001 c.387 §1; 2001 c.870 §11; 2005 c.708 §2; 2017 c.21 §44]
Note: 163.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- When can I leave my kids home alone?
- Where can I get a copy of my divorce records?
- Where can I get a free Power of Attorney form?
- What can I do about my neighbor’s barking dog?
- I’m having issues with my landlord, what can I do?
- I’m a grandparent, what are my custody/visitation rights?
- How do I represent myself in court?
- What is the statute of limitations for small claims court?
- What are the differences between divorce/separation/annulment?
- Can I look online to see when my hearing is scheduled?
Jurist US Legal
November 20, 2024
How Appealing
November 20, 2024
NPR Law
November 20, 2024