HouseH.R. 8757119th Congress
Promoting Childhood Independence and Resilience Act of 2026
Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8757 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8757
To amend subpart 2 of part B of title IV of the Social Security Act to
address child welfare involvement caused by reasonable childhood
independence activities, to amend the Child Abuse Prevention and
Treatment Act to promote childhood independence, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2026
Mr. Moore of Utah (for himself, Ms. McClellan, and Ms. Foxx) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committee on Education and Workforce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend subpart 2 of part B of title IV of the Social Security Act to
address child welfare involvement caused by reasonable childhood
independence activities, to amend the Child Abuse Prevention and
Treatment Act to promote childhood independence, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Childhood Independence and
Resilience Act of 2026''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) American families are being investigated and
criminalized under overzealous civil and criminal child neglect
laws for letting their children develop resilience and
independence. State child protective services agencies are
burdened by frivolous reports that undermine reasonable
childhood independence, parental rights, and family integrity,
and subject children and their caregivers to the trauma of
unnecessary and invasive government investigations.
(2) In Illinois, a woman was cited for child neglect for
``inadequate supervision'' after allowing her 11-, 9-, and 5-
year-old children to play in a park near their home.
(3) In Maryland, a couple was found responsible for
unsubstantiated child neglect after allowing their 10- and 6-
year-old children to play outside and walk home by themselves.
(4) In Georgia, a mother was arrested and accused of
reckless conduct when her 10-year-old son walked a mile away
from their home without telling anyone.
(5) In South Carolina, a mother was arrested for unlawful
conduct towards a child for allowing her 9-year-old daughter to
play alone at a popular, kid-filled park.
(6) In North Carolina, a couple was charged with felony
involuntary manslaughter and child neglect when a driver hit
their 7-year-old son and killed him while walking home from a
nearby grocery store. They were held on $1,500,000 bonds each.
(7) In Virginia, Child Protective Services investigated a
couple numerous times for allowing their three children to play
unsupervised outside, telling the parents that the children
need to always be supervised, even in their own bedrooms.
(8) In Pennsylvania, a single mother of two was placed on
her State's child abuse registry after tasking her 13-year-old
brother to babysit her 1-year-old child.
(9) State legislators who have supported State legislation
to promote childhood independence have recounted being stopped
in their own parenting decisions out of fear of child
protective services or police intervention. Examples include
Michigan State Senator Jeff Irwin's decision to allow a third
grader to walk to their nearby school, Colorado State
Representative Kim Ransom's decision to run into a gas station
to pay for gas during a snowstorm and leave kids in the van,
and South Carolina Senator Wes Climer's decision to allow a 5-
year-old child to be outside in his own yard. In hearings on
State legislation across the country, Democrat and Republican
legislators remarked on growing up with much more freedom to
play, roam, and run errands without constant adult management
of their whereabouts and activities.
(10) Children spend 50 percent less time in unstructured
outdoor actives than children in the 1970s. The average
American child spends 4 to 7 minutes a day outside in
unstructured play.
(11) Less than 25 percent of children between ages 6 and 17
reach the recommended 60 minutes of physical activity each day,
and childhood obesity has tripled since the 1970s.
(12) Cross-age interactions have been shown to develop
social skills and the ability to learn.
(13) The percentage of teens who meet up with their friends
``almost every day'' has been on a steady decline since the
1980s.
(14) Face-to-face socializing between teenagers has fallen
by over 45 percent from 2003 to 2022.
(15) More than half of Generation Z report that as children
they felt lonely at least once or twice a month--nearly double
the reported number of Baby Boomers when they were young.
(16) According to the American Academy of Pediatrics,
children are spending an average of 7 hours a day on
entertainment media, including phones, electronic devices, and
television.
(17) Excessive screen time for young children increases the
risk of attention and behavioral problems, poor sleep, anxiety,
depression, aggression, and hyperactivity.
(18) As childhood independence and free play have decreased
over the decades, the percentage of children suffering from
anxiety and depression has increased. The rates of teens with
``Major Depressive Disorder'' and ``Generalized Anxiety
Disorder'' rose by at least 5-fold from 1950 to 1990.
(19) Pediatric hospitalizations due to mental health
increased by 25 percent between 2009 and 2019.
(20) Early screen use has been found to lower academic
performance.
(21) The United States Department of Health and Human
Services has prioritized reducing the amount of time that
children spend on screens, citing it as a key health
improvement priority.
SEC. 3. DEFINITIONS.
In this Act, the term ``reasonable childhood independence
activities'' has the meaning given such term in section 3 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 note), as amended by
section 6 of this Act.
SEC. 4. STUDY BY THE SECRETARY OF HEALTH AND HUMAN SERVICES.
(a) In General.--Within 180 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall conduct a
study on how States and State child welfare agencies can best empower
parents to give children opportunities to participate in reasonable
childhood independence activities without direct adult supervision.
(b) Report.--Within 180 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall transmit to
each State and to the Committees on Ways and Means and on Education and
Workforce of the House of Representatives and the Committees on Health,
Education, Labor and Pensions and on Finance of the Senate a report
that--
(1) sets forth the recommendations of the Secretary on how
reasonable childhood independence activities can promote
independence and resilience in American children;
(2) identifies community supports, public awareness
campaigns, toolkits, other resources supporting childhood
independence, or other best practices that could help parents
choose to allow their children to participate in reasonable
childhood independence activities without direct adult
supervision;
(3) sets forth recommendations for how child protective
services and child welfare agencies could ease parental fear
and anxiety and increase the ability and willingness of parents
to allow children to participate in reasonable childhood
independence activities without direct supervision; and
(4) includes a review of whether the risk assessment
protocols or the investigation or prosecutorial practices of
State child welfare systems penalize, threaten, or deter
parents who allow their children to participate in reasonable
childhood independence activities, and sets forth
recommendations to ensure that the protocols and practices
support and empower parents who allow their children to
participate in reasonable childhood independence activities.
SEC. 5. PROMOTING CHILDHOOD INDEPENDENCE.
(a) Marylee Allen Promoting Safe and Stable Families Program.--
(1) State plan requirement.--Section 432(a) of the Social
Security Act (42 U.S.C. 629b(a)) is amended--
(A) in paragraph (10), by striking ``and'' after
the semicolon;
(B) in paragraph (11), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(12) provides a description of the State policies in
place, including training for employees, to address child
welfare reports and investigations concerning the living
arrangements or needs of a child, with the goal of preventing
unnecessary and traumatic investigations of parents or the
separation of a child from a parent or custodian of the child
solely due to the child participating in reasonable childhood
independence activities.''.
(2) Definition of reasonable childhood independence
activities.--Section 431(a) of such Act (42 U.S.C. 629a(a)) is
amended by adding at the end the following:
``(13) Reasonable childhood independence activities.--The
term `reasonable childhood independence activities' has the
meaning given such term in section 3 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note).''.
(b) Stephanie Tubbs Jones Child Welfare Services Program.--
(1) State plan requirement.--Section 422(b) of such Act (42
U.S.C. 622(b)) is amended--
(A) in paragraph (18), by striking ``and'' after
the semicolon;
(B) in paragraph (19), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(20) describe the State policies in place, including
training for staff of the State agency or local agency
responsible for furnishing child welfare services, to address
child welfare reports and investigations concerning the living
arrangements or needs of a child, with the goal of preventing
unnecessary and traumatic investigations of parents or the
separation of a child from a parent or custodian of the child
solely due to the child participating in reasonable childhood
independence activities.''.
(2) Definition of reasonable childhood independence
activities.--Section 422(c) of such Act (42 U.S.C. 622(c)) is
amended by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Reasonable childhood independence activities.--The
term `reasonable childhood independence activities' has the
meaning given such term in section 3 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note).''.
SEC. 6. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.
(a) Definitions.--Section 3 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 note) is amended--
(1) in paragraph (2), by inserting ``, and does not include
a decision by a parent or caretaker to allow a child to
participate in reasonable childhood independence activities,
unless such a decision was the result of an unreasonable
disregard of a foreseeable risk of serious harm'' after
``presents an imminent risk of serious harm'';
(2) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) Reasonable childhood independence activities.--The
term `reasonable childhood independence activities'--
``(A) means activities that--
``(i) are carried out by a child, alone or
with other children and without direct
supervision by an adult or older child; and
``(ii) a parent or caregiver reasonably
believes are physically and developmentally
appropriate for the child without such
supervision; and
``(B) includes--
``(i) playing indoors or outdoors;
``(ii) taking public transportation;
``(iii) walking or bicycling to or from
school or local commercial or recreational
facilities;
``(iv) running errands;
``(v) remaining at home or at any other
safe and reasonable location for a reasonable
period of time;
``(vi) babysitting younger children; and
``(vii) remaining in a vehicle for a
reasonable period of time and in reasonable
conditions while a parent or caregiver is
temporarily away from the vehicle, including to
run an errand or to accompany another child to
school or daycare drop-off or pick-up.''.
(b) Grants to States for Child Abuse or Neglect Prevention and
Treatment Programs.--Section 106(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(a)) is amended--
(1) in paragraph (4), by striking ``response;'' and
inserting ``response, and tools and protocols that ensure that
risk and safety assessments account for the importance of
reasonable childhood independence activities to a child's
healthy development, and make clear that allowing a child to
participate in reasonable childhood independence activities is
not child abuse or neglect and that allowing such participation
does not justify child welfare system intervention, including
separation of any child from the child's parent or guardian;'';
(2) in paragraph (8), by striking ``neglect;'' and
inserting ``neglect, including strategies and training
protocols that ensure such individuals understand the
importance of reasonable childhood independence activities to a
child's healthy development, and understand that allowing a
child to participate in reasonable childhood independence
activities is not child abuse or neglect and that allowing such
participation does not justify child welfare system
intervention, including separation of any child from the
child's parent or guardian;''; and
(3) in paragraph (10), by striking ``response;'' and
inserting ``response, and helping the public better understand
that a parent or guardian allowing a child to participate in
reasonable childhood independence activities is not child abuse
or neglect and that allowing such participation does not
justify child welfare system intervention, including separation
of any child from the child's parent or guardian;''.
(c) Eligibility Requirements.--Section 106(b)(2)(B) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is
amended--
(1) in clause (xxiv), by striking ``and'' after the
semicolon; and
(2) by adding at the end the following:
``(xxvi) assurances and protections to
ensure that parents and legal guardians may
allow a child to participate in reasonable
childhood independence activities without fear
or threat of criminal or civil charges, custody
assessments or investigations, mandated
services, child abuse registry, or accusations
of child abuse or neglect solely because the
parent or legal guardian allows their child to
participate in reasonable childhood
independence activities; and
``(xxvii) provisions and procedures for
training child protective services workers,
caseworkers, and other employees or contractual
agents of child welfare agencies about the
importance of reasonable childhood independence
activities to a child's healthy development,
and to understand that a parent or legal
guardian allowing a child to participate in
reasonable childhood independence activities is
not cause to suspect child abuse or neglect and
that such activities do not justify the
separation of any child from the child's parent
or legal guardian;''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the 1st day of the 1st fiscal year beginning on or after the date of
the enactment of this Act, and shall apply to payments, grants, and
Federal funds for calendar quarters beginning on or after such date.
(b) Delay Permitted if State Legislation or Policy Changes Are
Required.--If the Secretary of Health and Human Services determines
that State legislation (other than legislation appropriating funds) is
required in order for any State plan approved under subpart 2 of part B
of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this Act, the plan shall
not be regarded as failing to meet any of the additional requirements
before the 1st day of the 1st calendar quarter beginning after the 1st
regular session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the preceding sentence, if
the State has a 2-year legislative session, each year of the session is
deemed to be a separate regular session of the State legislature. An
extension of a determination that the plan has failed to meet any of
the additional requirements shall be granted if the State demonstrates
its good faith efforts to enact State legislation, or submits a plan to
enact rule and policy changes as are within its lawful discretion so as
to support reasonable childhood independence activities, and
demonstrates that parents and legal guardians allowing a child to
participate in reasonable childhood independence activities are
excluded under State policy and practices from the threat of criminal
or civil charges, custody assessments or investigations, mandated
services, child abuse registry, or accusations of child abuse or
neglect.
<all>