What is the Law on Leaving Children in the Car?

Sep 09,2026

As we wrap up Baby Safety Month, it is a good time to discuss the issue of leaving children in vehicles. Is it safe to leave a child in a vehicle for any amount of time? And is it legal to do so?

Kaitlyn’s Law

California law prohibits parents and anyone responsible for a child from leaving a child ages 6 or under alone inside a vehicle. The law, known as Kaitlyn’s Law, specifies that caretakers are in violation of the rule “when conditions exist that present a significant risk to the child’s health or safety. According to the California Highway Patrol Commissioner in 2001, the year the law was enacted, there is no excuse for leaving a child alone in a vehicle, even for a few minutes. The law applies even if the air conditioning is on or the windows are down.

Kaitlyn’s Law (CA Vehicle Code 15620) states that no child under the age of six may be left in a car without the supervision of a person 12 years of age or older if either of these two conditions exist:

There is a significant risk to the child’s health or safety
The vehicle is running, the keys are in the ignition, or both

It is not sufficient to say that “the air conditioner was running,” or “the car was parked in my driveway.” If there was a risk to the child’s safety or the engine was running, the parents have violated the law.

The presence of siblings or other children over six but under 12 also will not meet the requirements of the law. Everyone who remembers living in a time when we waited with our siblings in our parents’ station wagon while they ran into the grocery store should also recall that was a different time.

Penalties for Violating the Law

Caretakers who violate Kaitlyn’s law can be punished by a fine, even if no injury results. The base penalty for an infraction is $100, or completion of a community education program about the hazards of leaving children in vehicles. Repeat offenders may face higher fines.

If the child suffers injuries due to the violation, such as heat stroke, or was placed in serious danger, the prosecutor can charge parents with more serious crimes. Parents may face child endangerment charges or manslaughter charges if the child is seriously injured or dies as a result of being left in the vehicle.

The law is known as a “wobbler” in California, meaning it can be charged as a misdemeanor or a felony, depending on the circumstances of the case. Repeat offenders could face misdemeanor charges even if no harm comes to the child.

The law does not apply if the child is injured due to first responders or Good Samaritans breaking in to administer aid.

Leaving Children in a Car for Just a Short Time can be Deadly

Researchers say that the inside of a car can reach in excess of 140 degrees in an hour on a 90-degree day. Parents should also note that a young child’s body temperature rises 3-5 times faster than an adult’s, making it even more dangerous for children to be left in a vehicle for any amount of time.

With today’s electronic door locks, windows, and other controls, it can be easy for older people to forget that children inside cars cannot roll the windows down or easily open doors if they get too hot. Parking your car in the shade does not help if you live in a high-heat area like California’s high desert. The temperature can climb to over 140 degrees even if you have tinted windows. Other hazards include:

Carbon monoxide poisoning, if the car is left running
Carjacking or theft
Parked car collisions
Accidental brake release or vehicle rollaway

Even in the winter, children are not secure alone in a car. Hypothermia can be as deadly as overheating, and leaving your car running in the winter is as much of a crime as it is in the summer.

Forgetting Children in the Car is a Real Safety Concern

Oftentimes, children are left in vehicles by accident. According to the National Safety Council, 718 children have died over the last 20 years because they were left in vehicles. In more than half of these cases, the caregiver forgot the child was in the car.

However, it’s important to note that children are explorers. One-third of all children who died in parked cars crawled into unlocked vehicles, mostly playing or looking for shelter from the sun. When children play and lose track of time, they can fall asleep in the back seat and not be noticed until it is too late.

It might seem impossible to forget a child in the car, but it certainly happens. One way to help prevent this is to always put something important, such as your cell phone or purse, in the back seat next to your child. That way, when you go to exit your vehicle, you have to check the back seat. Also, make it a habit to “look before you leave” every time you get out of your vehicle.

To prevent children from accidentally entering your car, do the obvious thing and keep your vehicle locked when not in use. You should also make a habit of keeping your back seats up and locked to prevent kids from climbing into the trunk, either during a drive or during play. Remind your neighbors to do the same. It’s also a good idea for safety reasons.

“With the high temperatures we experience here in the desert, there is never an excuse for leaving your children in the car, even for a few minutes,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients throughout the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.