FL 5-801: Confine Unattended Child

Even the most responsible parents are not always familiar with the exact Maryland laws governing when a child can be left without direct adult supervision. The laws have remained the same for quite some time despite efforts from lobbyist organizations to give children more freedom and responsibility. Few argue for less strict laws regarding child abuse, as a child is injured when child abuse charges are triggered. On the other hand, the law regarding unattended children does not require any proof that a child was injured or placed in danger at all. Under Maryland Family Law section 5-801 a person in charge of a child under the age of 8 may not allow that child to be confined in a building or vehicle without direct supervision from the person in charge or a reliable person at least 13 years of age. In other words, any child 7 and younger must have direct supervision from a person over 13. In motor vehicle cases the law states that the supervising person must not allow the vehicle to be out of site, so there is a little bit of wiggle room to run into a place quick and come back out. However, there is no guarantee that if an officer sees this, he or she will not issue a citation, or that a bystander will not call the police. One of controversial parts of the law is that an 8-year-old can be home alone, but a mature 10-, 11- or 12-year-old would not be permitted to watch a sibling or neighbor who is 6 or 7.

A mother is driving to the supermarket her 3-year-old child falls asleep. Rather than wake the child up she has her 12-year-old stay in the car with the doors locked and A/C running. The children are not in danger, but a bystander calls the police. Upon arrival the police locate the vehicle and speak with the older child and the mother returns within a few minutes. The officer would then have probable cause to issue a criminal citation for confining an unattended minor regardless of how long the mother was in the store or any other circumstances justifying her actions.

We have seen cases where a parent is charged with child neglect under CR 3-602 when a child was left in a vehicle or a home without supervision. Neglect of a minor is a more serious offense that carries up to 5 years in prison. Neglect charges are typically used by officers who have a bone to pick with the defendant for potentially not being cooperative, or when the child is placed in actual danger. Neglect charges should not apply to a straightforward confinement case and should be contested in court.

A clear-cut defense to the case would be an argument that the child was over the age of 8 or had a supervising child over the age of 13 present. We would hope the officer would not issue charges under these circumstances, but hypothetically an officer could charge based on witness statements without ever speaking to the defendant. Another more realistic defense would be that the parent maintained a visual of the motor vehicle at all times while the child was alone. An officer may not realize the law requires the vehicle be out of sight in order to charge.

Confining an unattended child carries a maximum penalty of 30 days in jail and a $500 fine. Those who are charged face the possibility of a criminal conviction on their background as well being ordered to complete supervised probation and parenting classes.

Benjamin Herbst is a Maryland criminal defense lawyer who specializes in abuse and neglect cases. He has extensive experience representing individuals charged with confining an unattended minor and has successfully fought for the dismissal of these charges in multiple jurisdictions across the state. Do not let a criminal charge leave a permanent stain on your background, and call Benjamin anytime at 410-207-2598 for a free consultation about your case.