(INDIANAPOLIS) - Legislation aimed at protecting parents who allow their children to engage in independent activities without constant supervision is headed to Gov. Mike Braun's desk.
The Indiana Senate voted 48-0 on Tuesday to approve House Bill 1035, often referred to as the "Let Kids Be Kids" measure. The bill previously passed the House 93-0 without amendments.
The proposal clarifies that a child cannot be designated as a Child in Need of Services, or CHINS, solely for participating in independent activities such as walking, riding a bicycle, playing outdoors, staying home or remaining in a stationary vehicle without direct supervision.
Under the bill, such activities would not constitute neglect unless a parent or guardian acts recklessly in a way that endangers the child's health or safety. The measure requires consideration of a child's maturity, condition and ability.
The legislation also establishes an affirmative defense in criminal neglect cases, allowing parents to argue they reasonably believed the independent activity was safe. Prosecutors would then be required to disprove that claim beyond a reasonable doubt.
Supporters said the bill is intended to reduce subjective reporting and allow the Indiana Department of Child Services to focus on higher-risk cases.
If signed into law, the measure would create clearer standards distinguishing age-appropriate independence from criminal neglect.