H.R. 8757

[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>