Let kids be independent

Multiple unpleasant encounters with concerned law enforcement officials over children walking to schools or parks alone or playing in yards unsupervised have some Florida parents calling for improved laws around child neglect. 

A proposed state law in this year’s legislative session in Tallahassee would do just that. It would allow parents to promote independence in their children without the fear of hysterical helicopter parents or government intervention. 

Take this Florida mom and dad, reported on by the Reason Foundation in 2015: 

One day, they were held late at an appointment and then stuck in traffic, so their 11-year-old son got home from school and played in his own yard for 90 minutes until his family arrived. 

Meanwhile, a neighbor called the police, and the parents arrived to be put under arrest for negligence and had their son and his 4-year-old brother, who had been with the parents, taken away by child protective services. It was a month before the kids were allowed back with their parents.

We don’t know about you, but we both grew up with being home or in the yard while our parents were away as a frequent occurrence. And that was back when crime was more prevalent than it is today. 

It seems like parents ought to be able to decide if a child is mature enough to be home, or in the yard, or walk to school or the park alone. It should only be considered negligence if there are circumstances when a reasonable person would say a kid should not be alone. 

During this legislative session, House Bill 1191 would eliminate subjective language and refine the definition of neglect and abuse in Florida’s existing laws. 

The bill sponsor, Monique Miller, R-Palm Bay, told the Legislature that her bill “decriminalizes parents allowing their children to travel to and from school, playing outdoors and remaining at home for reasonable amounts of time.” 

The bill will establish clear allowances for such specific unsupervised activities while still prohibiting clearly harmful neglect or endangerment. It would allow Florida parents to make the right decisions for their children without worrying about widely varying interpretations of what is and isn’t appropriate. It would give them the space to cultivate independence confidently during a crucial developmental period. 

The bill has passed two committees in the House with unanimous votes and was to be heard April 15 before going to the House floor. A similar bill, SB 1286, already has passed the Senate.

Rep. Miller has frequently pointed to the book “The Anxious Generation” by Jonathan Haidt to explain why childhood independence is so important and why the law needs to allow it. 

As Haidt put it in the book, “Children need to swing and then jump off the swing. They need to explore forests and junkyards in search of novelty and adventure. They need to shriek with their friends while watching a horror movie or riding a roller coaster. In the process, they develop a broad set of competences, including the ability to judge risk for themselves, take appropriate action when faced with risks, and learn that when things go wrong, even if they get hurt, they can usually handle it without calling in an adult.”

A culture of overprotection hurts kids and families alike, as research has continued to show since Haidt’s book came out. A 2023 study in The Journal of Pediatrics found that as children’s independence has been going down over the decades, their anxiety and depression have been going up — and that this is a causal relationship, not just a mere correlation. 

Run-ins between parents and government agencies over granting this independence are not an anomaly. Another notorious case was the Lott family, which, while vacationing in Florida, posted many pictures on social media of the family with eight kids. Online trolls, critical of their choice to be overtly Christian homeschoolers, reported the family to the Florida Department of Children and Families, claiming the photos showed one of the children was sick and not being treated.

The first the Lotts knew about this was when DCF texted them warning their children would be taken away unless they could prove they were safe. Within hours, cops met them at a hospital for a state-mandated inspection of their children. Doctors determined none of the children was sick or neglected. They had to prove they were innocent against accusations made with no evidence, a complete reversal of how our justice system is supposed to work.

You can imagine the nightmares this caused for the Lotts and other families, if any anonymous report can lead to a serious investigation with massive, potentially life-altering consequences. 

The problem at the core is that the laws defining child neglect are vague and subjective, leaving much of the interpretation up to the judgment of police and social workers. It’s an arbitrary and capricious system. 

While generally the DCF has reasonable policies about neglect, the state’s laws provide subjective criteria, so sometimes wild and unfair interpretations happen. (See accompanying map.) Similar stories arise every year all over the country, and concerned parents notice. 

While there is no doubt government safety workers are likely operating with what they perceive to be the best interests of children, in most cases, there is no better judge than a child’s own parent. However, parents who want to give their kids more independence struggle when it is unclear if a call from a concerned neighbor could lead to a years-long clash with government agencies.

If Florida adopts HB 1191 into law, it will be the 10th state to implement such protections. (See table.) Georgia was the ninth earlier this month. 

Florida policymakers must promote an environment where parents are free to grant children the independence they need to develop their resilience and sense of individualism. This is a noble cause that both parents and Florida lawmakers should embrace.

Adrian Moore is vice president at Reason Foundation and lives in Sarasota. Zachary Christensen leads Reason Foundation’s work on childhood independence and lives in Utah.