What's happening
The bill exempts parents from child endangerment or neglect charges for allowing children ten or older certain unsupervised activities.
Why it matters
Redefines what counts as child neglect or endangerment. by specifying that allowing children aged ten or older certain freedoms (like walking to school, using public transit, or staying home alone briefly) is not automatically neglectful or criminal, the bill could shift how authorities and courts handle such cases.
Raises the bar for state intervention. parents and guardians could only be charged if there’s evidence they knowingly disregarded a real, specific risk to the child, which means fewer families might face investigations or charges based on subjective or minor complaints.
Supports parental judgment and children’s independence. the law would affirm parents’ rights to decide when their kids can engage in age-appropriate independent activities, potentially fostering children’s confidence, problem-solving, and autonomy.
Limits the impact of third-party complaints. reports from neighbors, police, or child advocates about these permitted activities would not be enough for charges or findings of neglect, aiming to prevent overreactions or misuse of child welfare systems.
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Who cares
Parents and guardians of children age ten or older
The bill would create child-endangerment and neglect exceptions for allowing specified independent activities, including traveling to school, staying home alone and remaining unattended in a vehicle for fifteen minutes or less.
- Likely support
Police and prosecutors
The bill would require specific conduct showing disregard of a known, actually perceived risk or intentional harm to support a child-endangerment conviction, rather than a complaint reporting a listed activity alone.
Family Court judges and child advocates employed by the state
The bill would exclude specified unsupervised activities from the definition of child neglect and require evidence of disregard of a known, actually perceived risk or intentional harm for a neglect finding.
Headline styles
Let Kids Walk Alone
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
444
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK, WOERNER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to exceptions to endangering the welfare of a child; and to amend the family court act, in relation to unsupervised children age ten or older
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 260.10 of the penal law is amended by adding a new subdivision 4 to read as follows:
4. (a) The provisions of this section shall not apply to a parent or guardian of a child aged ten years or older where such parent or guardian has permitted such child to engage in certain unsupervised acts including but not limited to:
(i) traveling to and from school, including by walking, running, or bicycling;
(ii) traveling via any public transportation system, provided such child was given specific written instructions as to how to reach his or her destination;
(iii) traveling to and from commercial or recreational facilities that are less than five miles away from the parent or guardian's residence;
(iv) engaging in activities outside of the parent or guardian's residence;
(v) remaining unattended at the parent or guardian's residence;
(vi) leaving a child unattended in a motor vehicle for fifteen minutes or less; or
(vii) engaging in a similar independent activity.
(b) No parent or guardian shall be convicted of child endangerment in the absence of a showing of specific conduct by such parent or guardian demonstrating that such parent acted in disregard of a known risk of harm to such child that the parent actually perceived at the time or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03603-01-9
A. 444 2
wrongdoing that was intended to harm such child. A complaint made by a non-parent or guardian, member of law enforcement, or child advocate employed by the state indicating that one of the aforementioned acts mentioned in this subdivision occurred, shall be insufficient to find a parent guilty of child endangerment.
§ 2. Subdivision (f) of section 1012 of the family court act is amended by adding a new paragraph (iii) to read as follows:
(iii)(A) "neglected child" shall not include a child aged ten years or older whose parents or guardians permit such child to engage in certain unsupervised acts including but not limited to:
(1) traveling to and from school, including by walking, running, or bicycling;
(2) traveling via any public transportation system, provided such child was given specific written instructions as to how to reach his or her destination;
(3) traveling to and from commercial or recreational facilities that are less than five miles away from the parent or guardian's residence;
(4) engaging in activities outside of the parent or guardian's residence;
(5) remaining unattended at the parent or guardian's residence;
(6) leaving a child unattended in a motor vehicle for fifteen minutes or less; or
(7) engaging in a similar independent activity.
(B) a child shall not be considered a "neglected child" in the absence of a showing of specific conduct by such parent or guardian demonstrating that such parent or guardian acted in disregard of a known risk of harm to such child that the parent or guardian actually perceived at the time or wrongdoing that was intended to harm such child. A complaint made by a non-parent or guardian, member of law enforcement, or child advocate employed by the state indicating that one of the aforementioned acts mentioned in this subdivision occurred, shall be insufficient to find a child to be a "neglected child" as set forth in this subdivision.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.