Legal question | Imamother

amother

Burlywood

Wed, Dec 20 2017, 2:09 pm

From what age can a child LEGALLY walk to school on his/her own, if the school is about a 3 minute walk away, but across a fairly busy street? This is in NYC. (This is a serious, important question for me. Please answer if have an idea. We tried checking the website but it is really not clear.)
Thanks

keym

Wed, Dec 20 2017, 2:21 pm

Are there traffic lights/stop signs/crossing guards to cross the streets especially the busy one.
It might make a difference legally and personally would make a big difference for my comfort level.
Also is the child walking by himself or with a group of friends or neighbors.

amother

Gray

Wed, Dec 20 2017, 4:43 pm

amother wrote:

Are you asking because you’ve ran into trouble - or are planning ahead.

There is likely no definitive law on this.

What difference does it make why OP is asking? That's not really our business...

FranticFrummie

Wed, Dec 20 2017, 4:51 pm

Contact Lenore Skenazy from Free Range Kids. lskenazy@yahoo.com

She has all the current info about kids walking alone, baby sitting, going to the playground, etc. It varies state to state.

animeme

Wed, Dec 20 2017, 4:59 pm

Also, if there are a decent number of kids who would benefit from being able to do this walk on their own and the only impediment is a busy street, you can work with the school to request a crossing guard there.

shanabanana

Wed, Dec 20 2017, 5:18 pm

I do not think there is a legal age, but all sources I have seen said 10 yrs of age is when most children are mature enough to walk to and from school without adult supervision. For some children the age would be more toward middle school age, 12/13.
It is also best if children walk in a group vs alone

amother

Yellow

Wed, Dec 20 2017, 5:23 pm

amother wrote:

What difference does it make why OP is asking? That's not really our business...

The difference is if she was asking as part of planning she could go to her local police department and ask how this is handled in her area. There are laws (except there probably aren't any other than basic child endangerment laws), and there is local practice.

that advice is not useful if she's already in a situation where she is in trouble - and if that is the case - she should really be talking to a lawyer.

amother

Babyblue

Wed, Dec 20 2017, 8:10 pm

Hard question. No legal age but parents are responsible to make wise decisions based on circumstances.

I found this.
https://nypost.com/2015/12/16/...../amp/

amother

Yellow

Wed, Dec 20 2017, 8:19 pm

amother wrote:

Hard question. No legal age but parents are responsible to make wise decisions based on circumstances.

I found this.
https://nypost.com/2015/12/16/...../amp/

What ESSA actually says is:

SEC. 8542. <<NOTE>> RULE OF CONSTRUCTION REGARDING
TRAVEL TO AND FROM SCHOOL.

``(a) In General.--Subject to subsection (b), nothing in this Act
shall authorize the Secretary to, or shall be construed to--
``(1) prohibit a child from traveling to and from school on
foot or by car, bus, or bike when the parents of the child have
given permission; or
``(2) expose parents to civil or criminal charges for
allowing their child to responsibly and safely travel to and
from school by a means the parents believe is age appropriate.

(b) No Preemption of State or Local Laws.--Notwithstanding
subsection (a), nothing in this section shall be construed to preempt
State or local laws.''.

leaves a lot up to interpretation - and allows states to do what they want.

amother

Babyblue

Wed, Dec 20 2017, 8:44 pm

Even leaving kids home alone is a tough question because there are no concrete laws about this, at least in NYC. And there are times when parents can get in trouble regardless.

http://www1.nyc.gov/nyc-resour.....itter

http://ocfs.ny.gov/main/cps/faqs.asp

amother

Burlywood

Wed, Dec 20 2017, 11:16 pm

Thanks! That is about what I thought.I am asking for a friend whose child was injured at home (fell and broke a bone) and is under investigation now. I made a mistake; there is no street to cross- the school is a few buildings down her block, but she can't see the whole way. She is double-checking everything she does. (She is B"H a wonderful parent who had nothing to do with what happened.)

amother

Yellow

Wed, Dec 20 2017, 11:31 pm

amother wrote:

she should talk to a lawyer.

amother

Yellow

Wed, Dec 20 2017, 11:39 pm

amother wrote:

She is in contact with askanim. This just happened and she is really shaken up.

you sound like a great friend. I hope the investigation ends quickly, and positively of course.

Iymnok

Thu, Dec 21 2017, 1:40 pm

There are certain injuries to children that automate intervention by CPS regardless of the circumstances. Let her know that her parenting is fine and she should try to cooperate calmly with them to pass it smoother and quicker.
This intervention saves many kids who live in unsafe situations. But these criteria for investigation apply to everyone to help those kids.