things to know for parents who leave their children at home alone

The last act of the infinite quarrel between the now ex-spouses Francesco Totti e Ilary Blasi has recently been enriched with a new piece. The Roman showgirl has in fact reported her ex-husband for child abandonment, accusing Totti of having left her youngest daughter alone at home, Isabeljust 8 years old. The former Giallorossi flag defended himself by stating that the little girl she had stayed at home with the babysitteras also confirmed by the police officers who went to the scene after Blasi’s report. The matter, dating back to about a year ago, is now being examined by the Rome Prosecutor’s Office and having a criminal relevancecould weigh quite a bit in the already heated situation cause of divorce and on the final decision regarding custody of children (so far granted jointly to both parents).

Beyond mere news, however, the story has brought attention to a delicate topic for many parents: From what age is it possible to leave children alone at home without breaking the law? When does the crime of child abandonment actually occur? To get a clearer picture of the situation Fanpage.it he turned to the criminal lawyer Daniele Boccioliniexpert in juvenile criminal law and Forensic Sciences, Equal Opportunities advisor and Family and Minors Commission of the Rome Bar Association.

When does the crime of child abandonment occur according to the law?

The one to deal with the matter is Article 591 of the Criminal Code, which punishes with imprisonment up to 5 years anyone who abandons a minor under the age of 14, and in general a person incapable of caring for himself, of whom he has custody or must take care of him. This abandonment consists in other words in violating the obligation of custody and care of every parent, guardian, teacher and so on. This is a ‘crime of danger’, therefore to be integrated it is sufficient that the minor, left alone, is in a potentially dangerous situation.

Daniele Bocciolini (photo from Instagram)

Is leaving your children at home alone child abandonment?

The issue is not that simple and must be assessed on a case-by-case basis. Leaving the child alone at home, perhaps due to the need to carry out daily life tasks outside the home or sending the child to school alone, is in fact not such a rare behavior for a parent. According to the Court of Cassation, the possibility of the crime is not excluded by the parent’s belief that the child under 14 is capable of looking after himself.

Does this mean that you are not always breaking the Law?

Given the complexity of the various situations, in some cases the interpretation of the magistrates was less rigorous: the crime was, for example, excluded in the absence of even potential danger for the minor where the parent demonstrated that he had monitored and taken care of the child, preventing in every possible way and possible dangers according to his ability in relation to the circumstances of time and place. When, for example, the parent is forced, out of necessity and for short periods of time, to leave the child alone at home, it always seems appropriate to evaluate a series of circumstances: the degree of maturity of the minor, the presence of others in the home older siblings and other factors so that the limited time of absence is not potentially risky and the child does not perceive being alone at home as a situation of abandonment or discomfort.

Is leaving your young child with a babysitter child abandonment?

Leaving your child under the age of 14 with a babysitter, or with a figure responsible for monitoring, custody and care, certainly excludes the possibility of the crime because the function that the parent should perform is essentially “delegated” to a qualified figure.

What if the babysitter or babysitter is a minor?

Certainly, to take care of a child, the reference figure cannot be that of a peer or a peer. To carry out the babysitting activity the minimum age required is 16 years.