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Panel advances bill clarifying when ordinary childhood independence is not neglect
Summary
The committee passed House Bill 10‑35, which would define "independent activity" and specify that a child is not neglected solely for age‑appropriate independence unless a parent's decision was reckless and endangered the child; vote was 12–1.
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Representative Teschka told the Judiciary Committee that House Bill 10‑35 is a clarification intended to reduce unnecessary Department of Child Services (DCS) investigations into ordinary parenting choices. "House bill 10 35 states that a child is not a chin solely because a parent allows the child to engage in independent activity... unless that parent's decision was so reckless that it endangered the child's health or safety," Teschka said, introducing a recklessness standard and a non‑exhaustive list of "independent activity" examples.
Committee members pressed the sponsor on the scope of listed activities (walking, biking, remaining in a stationary vehicle, short periods home alone) and how the new language would affect DCS screening. Representative Zimmerman asked whether the list should include a qualifier such as "includes but is not limited to;" the sponsor said LSA had reviewed the language and it is intended to be non‑exclusive.
Multiple witnesses spoke in support of the bill, including parents and advocates who said routine independence helps child development. Hannah Tar described two recent DCS assessments of her family she said were unsubstantiated; Sam Sneidman and others earlier offered context about systemic screening burdens. Zach Stock of the Indiana Public Defender Council and Dione Dior Valentina (a former foster youth and advocate) urged higher standards to reduce unnecessary system involvement. Opponents and some members warned the bill could raise the legal threshold and risk missing serious neglect; Representative Dvorak said he could not support the bill because of concerns it would "make it more difficult to make a determination when someone is in need of services." The committee passed the bill 12–1.
