Q: My 14-year-old has been babysitting for a couple of years, but now my 10-year-old wants to start as well. What is the minimum legal age for babysitters?
A: Surprisingly, there really is no legal minimum age. It is up to you when you allow her to do so, and up to the parents of the children she will be looking after. There are, however, legal considerations you might want to review with your daughter.
As parents, you need to think about her age and maturity level. Is she mature enough to handle the responsibility and to react appropriately in an emergency?
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Consider her experience caring for younger children, how many children she will be watching and how old they are. Do they have special needs? How late do you want your daughter to be out babysitting, especially at age 10?
I am not just giving you parenting advice. If something was to go wrong while your child was watching other kids, you as parents are likely not liable.
But you could be sued if you failed to give her proper guidance or advice, or allowed her to get into a situation that is clearly over her head. You have some legal duties to generally supervise and set limits for your own children, and this includes babysitting activities.
There is one law that does specifically apply to babysitting. It is unlawful to have children younger than 16 babysitting during regular hours of schooling, unless the principal (not just the teacher) agrees. This probably applies to a child babysitting younger brothers or sisters as well as strangers.
Parents who hire babysitters also have legal duties. They need to pick someone who is suitable as a caregiver. They should give the babysitter instructions about how their children are to be cared for and disciplined and what activities are allowed. They tell the sitter when they will be home and provide a contact number in case of emergency.
House rules should be explained, not only pertaining to the children but also how to handle phone messages or visitors at the door.
Many parents want their sitters to have successfully completed a course. Most of the courses will not accept a child younger than 12 years.
Be aware that the usual provincial labour laws do not apply to casual babysitters, so minimum wage does not have to be paid. Casual sitters are those who watch children once in a while, while the parents go out.
I would be careful with letting my 10-year-old son or daughter babysit. No matter how mature, their judgment may not be developed well enough to deal with an unanticipated injury or emergency situation.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
