Can I leave my kid in the car while I run an errand? What California law says
Running errands can quickly eat up your day — especially when you factor in traffic, multiple stops and kids in tow.
If you’re only running into a store for a minute, it might seem harmless to leave your child waiting in the car.
However, California has strict rules about when children can legally be left unattended in a vehicle.
With temperatures heating up across the state, weather experts are reminding parents to think twice before leaving a child alone in the car.
“Be on guard even if it’s not hot outside,” the National Weather Service wrote in an X post on Monday, May 11.
Here’s what California law says about leaving kids in the car alone:
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Can I leave a kid alone in a car in California?
According to the National Highway Traffic Safety Administration, more than 1,000 children have died from heatstroke over the past 25 years after being left or trapped inside hot vehicles.
“Hot car deaths can occur even when the outside temperature is below 70 degrees,” the National Weather Service said.
Kaitlyn’s Law — also known as Senate Bill 255 — makes it illegal in certain situations to leave a child 6 years old or younger alone in a vehicle.
The law was passed in 2001 after the death of an infant named Kaitlyn Russell, who died from hyperthermia after being left in a car by a babysitter, according to Kids and Car Safety.
When can a child be left alone in the car?
Under California Vehicle Code, children under age 6 can be left in a car under the supervision of someone who’s at least 12 years old.
However, both children cannot be left unattended in a vehicle if conditions such as hot weather could put any child’s health or safety at risk.
You also can’t leave kids unattended if the vehicle is running, or the keys are left in the ignition or inside the vehicle.
Can my baby stay in the car if the windows are open?
According to Kids and Car Safety, children should never be left alone in a vehicle — even if the air conditioner is running or the windows are cracked open.
The nonprofit organization said that the temperature inside a car can rise dangerously fast, putting children at risk of heatstroke and other serious emergencies.
What are risks of leaving kids in vehicles?
According to Child Safety Link, there are several other dangers tied to leaving a child unattended in a vehicle.
For instance, children could:
- Accidentally lock themselves inside the car
- Put the vehicle in motion by playing with the gear shift or brakes
- Open a door or window and fall out
- Become trapped by a power window
- Unbuckle their car seat, leave the vehicle and wander into traffic or a parking lot
- Experience a medical emergency without immediate help available
There is also the risk of the vehicle being stolen while the child is still inside, Child Safety Link said.
Can I break into a vehicle to rescue a child?
According to Assembly Bill 2717, so-called “Good Samaritans” can be protected from civil or criminal liability for property damage or trespassing if they break into a vehicle to rescue a child age 6 or younger who appears to be in danger.
This applies in situations where a child could reasonably suffer serious harm, disability or death if left inside the vehicle, the law says.
However, you must first take several steps, including checking that the vehicle is locked and contacting emergency services, before breaking into the car.
The law also requires you to have a “good faith belief” that the child is in immediate danger and needs to be rescued right away.
Emergency responders, including police officers and firefighters, are also allowed to remove a child from a vehicle if the child appears to be in danger due to heat or lack of ventilation.
What are penalties for leaving a child alone in the car?
According to California Vehicle Code, parents, guardians or caregivers who leave a child age 6 or younger unattended in a vehicle can face a fine of up to $100 per violation.
In more serious situations, leaving a child alone in a car could also lead to child endangerment charges.
According to Southern California law firm Wallin & Klarich, penalties for a misdemeanor charge include up to one year in county jail.
A felony conviction is punishable by up to six years in state prison, depending on the circumstances and level of danger involved.