Parents who allow kids to bike, walk or play outside without constant supervision would be shielded from child neglect allegations under a bill sent to Gov. Mike Braun’s desk on Tuesday.
The Indiana Senate voted 48-0 on House Bill 1035, one of the first of the 2026 session to reach the governor. It remained unchanged from the version approved 93-0 by the House in January.
Dubbed a “Let Kids Be Kids” measure, bill author Rep. Jake Teshka, R-North Liberty, said the goal is to draw clearer lines between ordinary, age-appropriate independence and actual neglect.
Under current state law, a minor can be alleged to be a child in need of services, or CHINS, based solely on lack of supervision — even when the activity is common and age-appropriate.
On the Senate floor Tuesday, bill sponsor Sen. Cyndi Carrasco, R-Indianapolis, emphasized the research and rationale behind the proposal.
“Research consistently shows that age-appropriate independence … strengthens decision-making, risk assessment and self control. It can improve social skills, increases resilience and confidence, and has been found to correlate with better academic engagement and problem solving,” Carrasco said. “Children who are allowed sensible independence learn how to navigate minor risks, develop situational awareness and are less dependent on constant adult supervision.”
She argued that over the past several decades “as a society, we have tended toward over protection in the physical realm, while allowing children access to every dark corner of the digital world.”
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.
Supporters testified in House and Senate committees that the changes will reduce subjective reporting and free Indiana’s Department of Child Services to focus resources on true cases of danger — while still preserving state authority in instances where children are actually at risk.
“When the law is vague, three things happen: parents cannot reasonably know what conduct is lawful, agencies are forced to investigate low-risk situations, and courts are left to sort out cases that never should have been brought in the first place,” Carrasco said, noting that DCS “ultimately closes many of these cases, but only after a family has endured repeated government intrusion.”
“In my opinion, that amounts to process failure,” she continued. “It’s okay — and dare I say, preferred — for today’s youth to have childhoods much like the ones that you and I experienced.”
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