Child Abandonment

 Posted on October 08, 2018 in Child Abuse

Over 25 years ago, a St. Charles couple decided to go on vacation to Mexico for nine days. They decided not to bring their children along, and while Home Alone II was playing in theaters, these two real-life parents left their nine- and four-year-old daughters home alone intentionally. They were arrested and their story gained national media attention, eventually leading to the creation of Illinois’ child abandonment law. Today, child abandonment is a serious criminal offense that can be penalized as a Class 4 felony, which carries a prison sentence of one to three years and a maximum fine of $25,000.

Characteristics Defining Child Abandonment

Illinois statute 720 ILCS 5/12-21.5 defines child abandonment as the following:

A parent, caregiver, or other guardian who currently has physical custody or control of a child under 13 years of age leaves that child without “supervision by a responsible person over the age of 14” for 24 hours or longer. This statute does not include those who legally relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. In order to determine whether or not the child’s mental or physical health or safety or welfare was disregarded, the following will be taken into consideration;

• Child’s age;
• Number of children left alone in the location;
• Potential special needs of the child;
• Length of time the child was left alone;
• Condition and location of the place the child was left;
• Time of day or night the child was left alone;
• Weather conditions when the child was left alone, and whether the child had proper protection from natural elements;
• The location of the parent or guardian when they left the child and the physical distance between the child and parent during the time they were left alone;
• Was the child’s movement restricted, such as being locked in a room?
• Was the child provided with a phone number of a responsible person to call in the event of an emergency? Was the child able to make such a call if need be?
• Were food and other provisions made accessible to the child?
• Was leaving the child caused by illness or economic hardship of the parent, and did they make a good faith effort to provide safety and health for the child?
• Age and mental and physical capabilities of the person left to look after the under-13-year-old child;
• Whether or not another person was left to supervise the child; and
• Other factors that could cause danger to the child.

Call an Attorney at Once

Leaving a 12-year-old child alone for a day because you had to attend to your dying mother’s needs at a nearby hospital will be looked at much differently than if you left your five-year-old alone for a week to go gambling in Las Vegas. Every case is different, and you need an experienced attorney to help prove your qualities as a parent. If you are facing child abandonment charges, you may also be charged with child neglect and potentially child abuse. Combined or alone, any of these offenses can cause you to lose custody of your child, place you behind bars for months or years at a time, and essentially ruin your entire life. We urge you to contact the skilled Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-253-3100.

Sources:

http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-home-alone-schoo-impact-st-1215-20171221-story.html

http://www.illinoisattorneygeneral.gov/methnet/laws_legislation/bodharm_09.html