A bill to shield Hoosier parents from child welfare investigations solely for allowing their children age-appropriate independence cleared the House Judiciary Committee on Monday with bipartisan support.
House Bill 1035 advanced to the full House on a 12–1 vote after more than an hour of testimony and discussion.
Only Rep. Ryan Dvorak, D-South Bend, voted against the bill, citing concerns that its new “recklessness” standard could raise the threshold too high for state intervention in child welfare cases.
Another Democrat on the committee, Rep. Victoria Garcia Wilburn of Fishers, is a co-author and voted in favor.
The bill follows other proposals in recent years to broaden parents’ rights and prevent “unjust” Department of Child Services inquiries and investigations. Senate Enrolled Act 143, for example, was passed during the 2025 session and requires courts to give deference to parental rights in disputes with government regulators.
Authored by Rep. Jake Teshka, R-North Liberty, the latest measure pending before state lawmakers seeks to clarify that parents should not face DCS inquiries, court involvement or criminal consequences simply for allowing children to walk, bike, play outside or spend short periods alone — unless that decision is reckless and endangers the child’s health or safety.
“What this bill is, is a clarification bill,” Teshka told lawmakers. “It draws a clear legal boundary between ordinary childhood independence and actual neglect.”
Current law is ‘too vague’
Under current Indiana law, a child can be alleged to be a child in need of services, or CHINS, based on a lack of supervision, even when the activity is common and age-appropriate.
Teshka said his bill seeks to change that standard.
The measure defines “independent activity” to include walking or traveling on foot or by bicycle, playing outdoors, remaining at home, or staying in a stationary vehicle without direct supervision.
It additionally specifies that a child is not a CHINS “solely because the child engages in an independent activity,” unless a parent or guardian acted “so reckless as to endanger the health or safety of the child,” taking into account the child’s “maturity, condition and ability.”
The legislation also creates an affirmative defense in criminal neglect cases, allowing a parent to argue they “reasonably believed that an independent activity was not dangerous,” placing the burden on prosecutors to disprove that belief beyond a reasonable doubt.
Teshka said the goal is to give families clarity before they ever come into contact with the system.
“Parents should be able to look at the law and know where the line is,” he said. “This bill makes that line clear.”
He further argued that “vague” standards invite unnecessary government involvement in families’ lives.
“Under current law, a child can be alleged to be neglected based solely on a lack of supervision, even in cases where the child is age appropriate, the activity is ordinary and no reasonable assumption of danger exists,” Teshka added. “That vague standard invites over-reporting, subjective judgment calls, and in some cases even weaponizes complaints.”
While DCS often dismisses such cases, Teshka said families still endure intrusive investigations.
“In my opinion, that amounts to a process failure, even if the outcome is technically correct,” he said. “The standard should be danger, not disapproval.”
Preventing unnecessary, ‘long-term consequences’ for families
Hannah Tarr, a Columbus mother of six, told lawmakers her family has twice been subjected to DCS assessments in the past six months — both of which were ultimately unsubstantiated — based solely on allegations that she and her husband allow their children appropriate independence.
Children in her blended family range in age from 16 to just two weeks old. Tarr described how her older children have long helped care for younger siblings, but with “safety plans,” clear rules and support from neighbors.
Tarr said her four school-age children — ages 11, 10, 8 and 7 — ride their bikes to school and the park and stay home together for short periods.
“My oldest daughter was helping care for her younger siblings at the age of nine, something families have done for generations,” she said. “Our family thrived. … (Our kids) are capable because we’ve raised them to be capable.”
Giving children appropriate freedom is not neglect.Hannah Tarr, a Columbus mother of six
Tarr, who has volunteered as a court-appointed special advocate, or CASA, in Jennings County for nine years, said she has seen firsthand what true abuse and neglect look like, “but I also know what it looks like when ordinary parenting is misclassified and not screened out.”
“We have unintentionally replaced childhood with constant supervision, constant screens and constant intervention. We often call it gentle parenting, but it has slowly become fear-based parenting,” Tarr said. “Children are not learning how to assess risks. They’re not learning how to solve problems. They’re not learning confidence, resilience and dependence. Instead, they’re growing up anxious, dependent and afraid to try because their childhood is restricted.”
“Giving children appropriate freedom is not neglect,” she continued. “It is a necessity for their development.”
DeOnyae-Dior Valentina, executive director of the nonprofit Strength Over Struggle, drew on her experience as a former foster youth, telling lawmakers that “investigations, removal or court oversight — even when no harm has occurred — create instability, trauma and long-term consequences for children and families.”
“Under current law, families can be investigated or charged for allowing a child to walk to a store, play outside, stay home alone, or sit in a parked car — often without meaningful reconsideration of the child’s maturity ability or the actual level of risk involved,” Valentina continued. “Too often, families are pulled into the system not because a child is unsafe, but because of subjective judgments about parenting, poverty or cultural differences.”
She emphasized that the bill does not eliminate state intervention when children are actually in danger.
“Reckless endangerment remains illegal, and serious neglect remains criminal,” Valentina said. “What HB 1035 does is reduce unnecessary family separation and system involvement that does not improve outcomes for our children.”
Zach Stock with the Indiana Public Defender Council also voiced support, arguing that the bill would help courts and investigators distinguish between true neglect and reasonable parenting.
“This is allowing kids to do age-appropriate things without constant adult supervision,” Stock said. “That’s parenting. This law is not going to put any kids in danger.”
Questions about ‘recklessness’ language
Still, Dvorak worried whether the bill would raise the bar too high for intervention.
“My question hinges on the reckless issue,” Dvorak said during the hearing. “Is inserting this language about recklessness creating a new standard that is higher than the current standard to determine whether a child is in need of services?”
Stock responded that the measure would guide decision-making rather than eliminate it, helping DCS investigators screen out low-risk cases earlier.
Dvorak also questioned whether, under the bill, investigators would still intervene early enough in borderline cases.
Supporters countered that concern, however, by emphasizing that Teshka’s proposal preserves state authority when a child’s safety is truly at risk.
Garcia Wilburn separately cited a personal experience that shaped her support.
Shortly after moving to a new neighborhood in Noblesville, she said, a neighbor threatened to call DCS because her children — then 12, 7 and 4 — were riding bikes unsupervised.
“That really shook me to the core,” Garcia Wilburn said. “I really think that this bill strikes a really good balance.”
She added that overzealous investigations divert resources away from more serious cases.
“More people are burdened than we know with overzealous investigations,” Garcia Wilburn said, “and we could be using that workforce toward very egregious circumstances.”
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