Under 720 ILCS 5/12C-10, you commit child abandonment when you leave a child under age 13 for 24 hours or more unsupervised by a responsible person over age 14, without regard for the child’s health or safety. The child must be someone under your custody or control.
The law provides a laundry list of factors to determine whether you left the child without regard for his or her welfare:
- the child’s age;
- the number of children left at the location;
- the child’s special needs including physical or mental disability or medical needs;
- the length of time the child was left;
- the condition and location of the place where the child was left;
- the time of day or night;
- weather conditions;
- your location;
- whether the child’s movement was restricted or the child was locked within a room or other structure;
- whether the child was given an emergency phone number and whether the child could make the call;
- whether food and other provisions were left for the child;
- whether your conduct is attributable to economic hardship or illness and you made a good faith effort to provide for the child’s health and safety;
- the age and physical and mental capabilities of the person who provided supervision for the child;
- any other factor that would endanger the health or safety of that particular child;
- whether the child was left under the supervision of another person.
If you are convicted of child abandonment, a judge can defer judgment of guilt by placing you on probation and requiring you to cooperate with the Department of Child and Family Services. If you successfully complete these terms, the case against you may then be dismissed. See 720 ILCS 5/12C-15.
If you have been charged with child abandonment or similar offense, contact an experienced criminal law attorney immediately. Whether you have committed child abandonment can be a very fact specific question. An attorney ho is familiar with your courthouse can best present the facts most likely to appeal to your particular judge.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
