Texas passed their Reasonable Childhood Independence Law in 2021. Learn more and get a peek at the process.
Texas protects independent activities for Children under its child protection law, and was the third state to pass these protections, but its criminal law remains punitive.
State Laws And Policies
Criminal Law:
Texas Penal Code, Title 5 Chapter 22, provides very broadly that it is a crime to fail to remove a child (under age 14) from a situation in which they may suffer bodily injury. This is a very broad criminal statute. The “may suffer” standard of likelihood is lax as it does not require a likelihood of harm. The criminal law was not changed in H.B. 567, which changed the child protective services neglect law.
Juvenile Court | Child Protective Services | Neglect Law:
In May, 2021, Texas became the third state to adopt specific legal protections for reasonable childhood independent activities from the reach of child neglect laws. Amendments adopted through H.B.567, effective September 1, 2021, tightened Texas neglect law to require an act or failure to act by a person responsible for a child’s care, custody, or welfare evidencing the person’s blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child’s physical health or safety. The law now provides that the state cannot clear and convincing” case for neglect based on the parent allowing the child to engage in independent activities that are appropriate and typical for the child’s level of maturity, physical condition, developmental abilities, or culture. In addition, it explicitly states, in Section 262.116(a) of the Family Code that a child may not be removed from their parent because the parent “allowed the child to engage in independent activities that are appropriate and typical for the child’s level of maturity, physical condition, developmental abilities, or culture.”
Disclaimer:
This webpage is not a legal document, and Let Grow does not take responsibility for the content. Be mindful that some localities have rules and guidelines even when the state does not. When in doubt, consult your local authorities to confirm the laws where you live. What’s more, laws change, as do judicial interpretations of them, and this webpage may not be updated immediately.
We’ve Been Very Successful In Texas
One tenth of all Americans are now protected by legislation Let Grow helped get passed.
Kids don’t have to stay at home on the range in Texas. Instead, parents can let them run outside and play. A law passed in May, 2021 that states that parents can let their kids engage in normal childhood activities without being accused of neglect.
