Promoting Childhood Independence and Resilience Act of 2026

[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>