The short answer: yes, in most cases. Maryland law only sets an age floor for children under 8, who cannot be left alone unless a reliable person at least 13 years old stays with them. A 12-year-old can legally stay home alone. A 12-year-old cannot legally be left in charge of a sibling under 8. A 13-year-old can.
Updated October 2026. This is general information for parents, not legal advice.
New Year's Eve is the night the question gets real. The adults have a party, a dinner or a house to get to, the middle schooler swears they will be fine, and somebody has to decide whether "fine" means home alone until 1:00 AM.
Here is what the law says, what it leaves to you, and the options worth weighing for the biggest late night of the year.
What Maryland law says
The rule lives in Maryland Family Law § 5-801. A person in charge of a child under 8 may not leave that child locked or confined in a home, building or vehicle out of their sight "unless the person charged provides a reliable person at least 13 years old to remain with the child to protect the child." Breaking it is a misdemeanor, with a fine and up to 30 days in jail.
That gives two numbers to remember:
- 8: the age a child can legally be left without a sitter.
- 13: the minimum age of a sitter for a child under 8, including an older sibling.
What the law leaves up to you
For a middle schooler, the statute does not set a time limit, a curfew or a rule about overnight. That does not make every situation fine. General child-neglect rules still apply, and the real question becomes whether your student is ready for this particular night.
The American Academy of Pediatrics puts it this way on HealthyChildren.org: "child experts typically agree that 11 or 12 years old is an appropriate age to stay home alone for a few hours" (AAP, HealthyChildren.org). A few hours on a school afternoon is a different thing from 8:00 PM to 1:00 AM on New Year's Eve.
Is your middle schooler ready?
Age is only the starting point. The AAP's readiness checklist comes down to a few questions you can answer at the kitchen table:
- Are they comfortable alone? Ask them directly. A student who is nervous about it will have a long night.
- Do they make good calls under pressure? Think about how they handle a friend pushing them to do something they should not.
- Do they know what to do in an emergency? Calling 911, using the first aid kit and getting out of the house if the smoke alarm goes off.
- Can they keep themselves busy without a screen? Five hours is a long time to scroll.
- Do they follow the house rules when nobody is watching? Doors, visitors, cooking and social media.
Why New Year's Eve is harder than a Tuesday afternoon
Even a student who handles after-school hours well can find New Year's Eve tougher. It runs late, past the point where most middle schoolers are at their sharpest. Fireworks and noise outside can rattle a kid home by themselves. Parents are often farther away and slower to reach than on a normal night. And the group chat is busy, which means invitations to go somewhere else.
None of that is a reason to say no. It is a reason to plan the night like it matters.
Maryland's line is 8 to be alone and 13 to babysit. Everything above that is a judgment call about your student and this night.
If an older sibling is in charge
If a younger sibling is under 8, the sitter has to be at least 13 under Maryland law. A 12-year-old cannot legally cover a 6-year-old, however mature they are. Siblings who are both 8 or older fall outside the statute's sitter rule, and it comes back to readiness.
A babysitter training course is a smart step for a sibling who will be in charge. The American Red Cross offers babysitting training for ages 11 to 16 that covers child care, household safety and emergency response.
Your options for New Year's Eve, side by side
| Option | Works best when | Watch out for |
|---|---|---|
| Home alone | Your student is 12 or older, ready by the checklist above, and you are close by | A late night, fireworks noise and invitations from friends |
| Older sibling in charge | The sitter is 13 or older if anyone is under 8 | Two kids alone until 1:00 AM is a big ask of a teen |
| Hired sitter | You have younger children too | Sitters book up early for New Year's Eve |
| Sleepover at a friend's | You know and trust the hosting family | The plan depends on someone else's night |
| Supervised drop-off event | You want them out with friends and watched the whole time | Spots are limited, so book early |
A home-alone plan for the night
If home alone is the call, the AAP's safety steps translate well to New Year's Eve:
- Post the numbers. Your cell, a nearby neighbor or relative, and when to call 911.
- Set check-in times. A text at 9:00, 11:00 and right after midnight.
- Agree on the rules. Nobody comes in, nobody goes out, and no stove after you leave.
Or give them a midnight with friends
For a lot of middle schoolers, the problem with staying home is not safety. It is that the biggest night of the year happens on the couch. The NYE Midnight Takeover is the supervised drop-off option in that table, built for grades 6 to 8 only. It runs Thursday, December 31, 2026, from 8:00 PM to 1:00 AM at SoFive Columbia in Columbia, MD, with gaming tournaments, VR, tactical laser tag, RC racing and a countdown to midnight. Next Level Gaming Event Managers are on the floor from drop-off to pickup, and Next Level Gaming has run supervised youth events across Maryland since 2021.
The timing lines up with an adult New Year's Eve, which is the whole idea. Our drop-off New Year's Eve guide covers check-in, pickup and supervision, and our New Year's Eve for middle schoolers guide covers the rest of the night.
Join the Priority List at nextlevelgamingmd.com/nye-event. Registration opens November 10, and Priority List families get in 24 hours early at the best price of the run.
Common questions
What age can a child stay home alone in Maryland?
Maryland law sets the floor at 8. Under Family Law § 5-801, a child under 8 cannot be left alone in a home, building or vehicle unless a reliable person at least 13 years old stays with them. Above 8, the statute sets no age floor, so readiness is the parent's call.
How old do you have to be to babysit in Maryland?
To watch a child under 8, the sitter must be at least 13 years old under Maryland Family Law § 5-801. The statute does not set a separate minimum age for watching children 8 and older.
Can a 12-year-old stay home alone at night in Maryland?
Maryland's age statute does not prohibit it, because it only covers children under 8. Whether a 12-year-old is ready for a late night like New Year's Eve depends on their maturity, comfort and emergency skills, and the American Academy of Pediatrics suggests starting with a few hours at a time.
Can a 12-year-old babysit a younger sibling in Maryland?
Not if the sibling is under 8. Maryland requires the person left in charge of a child under 8 to be at least 13. For siblings who are both 8 or older, the statute's sitter rule does not apply.
What can my middle schooler do on New Year's Eve if I go out?
Options include staying home alone if they are ready, a sleepover with a trusted family, or a supervised event. The NYE Midnight Takeover in Columbia, MD runs 8:00 PM to 1:00 AM on December 31, 2026, for grades 6 to 8, with Event Managers supervising all night.