Present law provides that when a child is alleged to be a dependent and neglected child, the parent, guardian or other person who by any willful act causes, contributes to or encourages such dependency and neglect commits a Class A misdemeanor, triable in the circuit or criminal court. This bill clarifies, for purposes of this provision and other laws relative to the neglect of children as processed through the juvenile courts, that "neglect" does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including, but not limited to, (i) traveling to and from school, including by walking, running, or bicycling; (ii) traveling to and from nearby commercial or recreational facilities; (iii) playing outdoors; (iv) remaining at home unattended for a reasonable period of time; and (v) other similar independent activity. Present law establishes a Class A misdemeanor child endangerment offense for a parent or custodian of a child eight or less, who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. This bill clarifies, for purposes of this offense, that "neglect" does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including, but not limited to, (i) traveling to and from school, including by walking, running, or bicycling; (ii) traveling to and from nearby commercial or recreational facilities; (iii) playing outdoors; (iv) remaining at home unattended for a reasonable period of time; and (v) other similar independent activity.

Statutes affected:
Introduced: 37-1-102(b), 37-1-102, 39-15-401