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If you live in a state like Louisiana, Maryland or Nebraska, it’s illegal to leave your child unattended in a car for even a minute. But safety laws involving vehicles and kids vary widely in the rest of the country.
There’s no federal law covering when and how long it’s OK to leave your kids in the car without you, although some states have enforced laws regarding leaving your children in the car.
Compare child laws across 21 states
Only 21 US states have passed laws that specifically address kids in unattended vehicles, with another 26 states enforcing less specific “hot car” laws. Some states allow for a grace period of five minutes, and most only apply to children under six years old. A few states allow for a provision if you have a child older than 12-14 who can supervise a younger child.
State
Hot car law
Child age
Limit (minutes)
Details
Good Samaritan law
Alabama
Yes
0-8
No limit
Not allowed unless the vehicle has an ambient interior temperature of 99 degrees Fahrenheit or less
Yes
Alaska
No
–
–
–
No
Arizona
No
–
–
–
No
Arkansas
No
–
–
–
No
California
Yes
0-6
No limit
Not allowed unless supervised by someone 12+ years old
No
Colorado
No
–
–
–
No
Connecticut
Yes
0-11
No limit
Not allowed if it endangers the child
No
Delaware
No
–
–
–
No
Florida
Yes
0-5
0 (car is off or child is in danger) 15 (car is on)
Not allowed if the car is on or the child is in danger
No
Georgia
No
–
–
–
No
Hawaii
Yes
0-8
5.0
Not allowed for +5 minutes
No
Idaho
No
–
–
–
No
Illinois
Yes
0-5
10.0
Not allowed for +10 minutes unless supervised by someone 14+ years old
No
Indiana
No
–
–
–
No
Iowa
No
–
–
–
No
Kansas
No
–
–
–
No
Kentucky
Yes
0-7
No limit
Allowed but it’s felony manslaughter if the child dies
No
Louisiana
Yes
0-5
10.0
Not allowed for +10 minutes
No
Maine
No
–
–
–
No
Maryland
Yes
0-7
0.0
Not allowed in a locked car unless supervised by someone 13+ years old
No
Massachusetts
No
–
–
–
No
Michigan
Yes
Any
0.0
Not allowed if it endangers the child
No
Minnesota
No
–
–
–
No
Mississippi
No
–
–
–
No
Missouri
Yes
Any
No limit
Allowed but you’re liable for any damages or injuries
No
Montana
No
–
–
–
No
Nebraska
Yes
0-6
0
Not allowed
No
Nevada
Yes
0-7
0
Not allowed if car is on or there’s a significant risk
No
New Hampshire
No
–
–
–
No
New Jersey
No
–
–
–
No
New Mexico
No
–
–
–
No
New York
No
–
–
–
No
North Carolina
No
–
–
–
No
North Dakota
No
–
–
–
No
Ohio
No
–
–
–
No
Oklahoma
Yes
0-6
0
Not allowed if car is on or there’s a significant risk
No
Oregon
No
–
–
–
No
Pennsylvania
Yes
0-5
0
Not allowed if it endangers the child
No
Rhode Island
Yes
0-11
0
Not allowed if it endangers the child
No
South Carolina
No
–
–
–
No
South Dakota
No
–
–
–
No
Tennessee
Yes
Any
0
Not allowed if car is on
No
Texas
Yes
0-6
5
Not allowed for +5 minutes
No
Utah
Yes
0-8
0
Allowed unless the child suffers heat stroke, hypothermia or dehydration
No
Vermont
No
–
–
–
No
Virginia
No
–
–
–
No
Washington
Yes
0-15
0
Not allowed if car is on or if driver is at a bar or tavern
No
West Virginia
No
–
–
–
No
Wisconsin
Yes
0
Only applies to child care providers
No
Wyoming
No
–
–
–
No
States with no hot car laws
Not every state has a law on the books about whether it’s illegal to leave children in the car. But that doesn’t mean people haven’t faced criminal charges for leaving a child in the car.
Alabama
Arizona
Arkansas
Colorado
Delaware
Georgia
Idaho
Indiana
Iowa
Kansas
Maine
Massachusetts
Minnesota
Mississippi
Montana
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
South Carolina
South Dakota
Vermont
Virginia
West Virginia
Wyoming
Even if your state doesn’t have a specific law outlining how long a kid can be left alone in a locked car, a court may apply general abuse and neglect laws. Cases in Arkansas and Georgia, states with no hot car laws, have convicted parents of negligent homicide due to accidental hot car deaths.
How many children die in hot cars every year?
An average of 38 children die each year in hot cars, according to noheatstroke.org. And the state with the most deaths? Texas, which isn’t surprising considering its record high summer temperatures over 113 degrees.
Most of those deaths occur in July, which has the highest temperatures of any month. August is a close second, especially in states where August temps rival or beat July highs. That’s why it’s most important to make sure kids aren’t left alone in cars during the summer months.
Average yearly number of PVH deaths over the last 20 years (2001-2020)
Jan
0.1
Feb
0.3
Mar
0.9
Apr
1.7
May
3.9
Jun
7.9
Jul
8.7
Aug
8.6
Sep
4.6
Oct
1.7
Nov
0.5
Dec
0.2
How hot can a car get in the summer?
On a summer day, a car can heat up 20 degrees in 10 minutes. That means your car can go from 70 to 90 degrees in the time it takes to run into the pharmacy, and a car on a 95 degree day can heat up to 115.
Good Samaritan laws are designed to encourage people to help their fellow citizens without worrying about the legal consequences of their actions.
In these 23 states, Good Samaritan laws protect you and other bystanders from the damage and liability that result from rescuing someone in distress — like a child in a hot car.
Alabama
Arizona
California
Colorado
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Missouri
Nebraska
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Wisconsin
6 tips for keeping kids safe in the car
During hot weather, keeping cool is the name of the game. Use these tips to check on your kids during sunny car rides to make sure they’re safe.
Know the law. Many states don’t allow children to be in cars unsupervised, even for a few minutes during a trip to the grocery store.
Watch the weather. Heat stroke can happen when you’re exposed to higher heat than you’re used to for a long period, according to the Centers for Disease Control and Prevention (CDC). Look for high temperatures, high humidity and weather advisories when making plans for fun in the sun.
Check the backseat. Make sure everyone’s out of the car after a drive in the car.
Have your babysitter check in. After someone else has driven your kid, ask them to text you to let you know everyone’s home safe.
Know the signs of heatstroke. Symptoms include nausea, confusion, headaches, muscle cramps, red skin, rapid pulse and fainting.
Cool down. It’s a good idea to bring water for a drive and have everyone go inside at stops. If a child shows signs of heatstroke, call medical help immediately, move them to a air-conditioned room or cooler spot and apply cool, wet cloths, according to the CDC.
New tech doubles down on kids’ safety in cars
New car technology is constantly improving. Nissan has released a feature called Rear Door Alert in several popular car models. When you turn on this feature, the car detects when you’ve opened a rear door to get in the car. Drivers will see a dashboard alert if the rear door isn’t reopened upon arrival.
Your child’s car seat also could remind you about the precious cargo in the backseat. Evenflow and Cybex car seats offer SensorSafe chest clips that attach to the car’s seatbelts. If the clip’s still attached when you turn your car off, an alert will sound. This sensor pairs with an app, so you can check your car’s backseat from anywhere.
Laws for pets in cars vs. kids in cars
Only a few states make it illegal to leave a pet in a hot car. And if you live in a state where it is illegal, the punishment for leaving your pet in the car is usually minor.
For example, in Alabama, a child at or under age 8 can’t stay in the car if the car’s temperature is 99 degrees or higher. But Alabama doesn’t have official laws about keeping your pet in the car. Keep in mind that laws vary by state, and some like New Jersey keep higher penalties for leaving pets in cars.
Bottom line
You may live in a state that isn’t firm about leaving children in cars while you shop or run errands. But no matter what state you’re in, child abuse or neglect laws could come into play, and a little convenience while picking up milk or dry cleaning may not be worth risking a child’s health or potential legal action.
Roslyn McKenna Ayers is insurance manager at ValuePenguin and a former publisher at Finder, specializing in home and auto coverage. Her expertise and analysis has been featured on Bankrate, MSN and Reader's Digest. She holds a BA in writing and communications from Maryville College.
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Laws for pets in cars vs. kids in cars
Laws for pets in cars vs. kids in cars