Illinois DCFS & Babysitting Laws
- The DCFS is the Illinois licensing agency for day care centers and providers. It also maintains day care programs for children with open casefiles. According to the DCFS, at-risk children can be placed in the department's day care program to reduce the stress on parents that may lead to abuse or neglect. The DCFS will pay for the day care of children on a case-by-case basis.
- Illinois is one of only two states that formally lists periods of inadequate supervision as a form of child neglect. Under the Juvenile Court Act, leaving a minor under the age of 14 without supervision for an unreasonable period of time can be construed as child neglect. Child neglect is determined on a case-by-case basis and is largely at the discretion of the investigating caseworker. While "unreasonable period of time" is not defined, leaving a minor under 14 unattended for more than 24 hours is considered felony child abandonment under a separate law.
- The Juvenile Court Act lists 15 factors that must be considered when deciding whether an unsupervised child was neglected. These include the minor's age; the number of minors left unattended; whether the minor had adequate food; the conditions of the location at which the minor was left; whether the minor knew of and was capable of making an emergency phone call; the physical and mental capabilities of the minor; and whether the minor was left under the supervision of another person. The final consideration is a more open-ended clause that allows caseworkers to consider whether there were any other factors that endangered the safety of the minor.
- Babysitting is specifically excepted from labor laws that restrict the age at which children may be employed. Although children under 14 may work as babysitters, parents and guardians should always consider the aforementioned laws when hiring a minor to babysit. Even when hiring a minor over 14, parents should ensure that the babysitter displays the maturity to take care of a child and the capacity to respond to an emergency.
- Parents that feel their children have reached a level of maturity to care for themselves for limited periods of time should first ensure that their children are properly prepared. For example, working parents with children that come home from school before they leave work can layout formal rules and procedures for the children to abide by. An emergency contact list and stocked pantry will go a long way in demonstrating that the unsupervised child was in no danger.