INDIANAPOLIS, IND. (WOWO) Parents who allow their children to bike, walk or play outside without constant supervision would be protected from child neglect allegations under legislation approved Tuesday by the Indiana Senate.
The chamber voted 48-0 to advance House Bill 1035 to Governor Mike Braun’s desk. The proposal previously passed the House 93-0 and remained unchanged, according to reporting by Casey Smith.
The measure, referred to as “Let Kids Be Kids” legislation, clarifies that a child cannot be designated as a Child in Need of Services, or CHINS, solely for engaging in independent activities such as walking, riding a bicycle, playing outdoors, remaining at home or staying in a stationary vehicle without direct supervision.
The bill specifies that such activity does not constitute neglect unless a parent or guardian acts recklessly in a way that endangers the child’s health or safety. The law requires consideration of the child’s maturity, condition and ability.
The legislation also establishes an affirmative defense in criminal neglect cases. Parents would be allowed to argue they reasonably believed the independent activity was not dangerous, shifting the burden to prosecutors to disprove that belief beyond a reasonable doubt.
Supporters said during legislative debate that the changes aim to reduce subjective reporting and allow the Indiana Department of Child Services to focus on higher-risk cases.
If signed by the governor, the measure would formalize clearer standards distinguishing age-appropriate independence from criminal neglect.
