Subcommittee deadlocks 3‑3 on bill to clarify that reasonable child independence is not neglect

House Bill 1170, sponsored by Representative Hemmer, failed in the Children and Family Affairs Subcommittee on March 11, 2025, after a 3‑3 tie vote. The bill would have clarified that, when a child’s basic needs are met and the child is age‑appropriate and mature enough, allowing children reasonable independence — such as walking or biking to school, traveling to nearby recreation, playing outdoors or staying home alone for reasonable periods — does not constitute neglect.

Representative Hemmer described the measure as a “pro‑parent” clarification intended to protect common, age‑appropriate parenting choices. He said he adapted the bill from model legislation associated with the national nonprofit Let Grow and cited other states that have adopted similar laws, including Texas, Oklahoma, Colorado, Virginia, Connecticut, Illinois, Montana and Utah. "This legislation protects parents' right to let their children when age appropriate and capable do the following: walk, run and bike to and from school, travel to nearby recreation and commercial activities, play outdoors, stay home alone for reasonable periods and engage in other similar independent activities," Hemmer said.

Members questioned whether the bill changed the legal standard for neglect or merely restated existing case law. Michelle Fogarty of the Office of Legal Services said, “Our current statutes do not define neglect by itself. They do have a definition of a dependent neglected child, but I believe you're correct as far as case law in regards to what neglect is, would be very similar to what's listed in this bill.” Committee members also raised concerns about leaving the bill without an age threshold; Hemmer said legal staff had advised against a specific age because maturity varies by child.

Committee debate included hypothetical examples, such as parents allowing a 13‑year‑old to travel by plane to visit relatives. Members offered differing views on whether existing law already protected such parental decisions. The clerk reported the subcommittee vote as three ayes and three noes. The tie meant the measure failed to advance out of the subcommittee.

The sponsor said he would continue to work on the measure and consider drafting clarifications, including whether to add an age parameter. No amendment was adopted during the subcommittee hearing.