Colorado legislature unanimously OKs 'reasonable independence' for children

Gov. Jared Polis speaks to 12-year-old Brinley Sheffield after signing House Bill 1090 to grant children reasonable independence on Wednesday, March 30, 2022. (Hannah Metzger, Colorado Politics)

Published by Colorado Politics on March 15, 2022.

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When Brinley Sheffield was 7 years old, she decided she wanted to be a runner. After running around her block several times with her parents to learn the route, Sheffield embarked on her first solo trip with the goal of completing two laps in a row.

The run was going well, until she noticed a strange car following her. After running back to her house, a police officer knocked on her door.

“My first thought was that they found the person who followed me and were going to put them in jail. But then I realized the officer was at our house because of me,” said the now 12-year-old, explaining that the person who followed her had called the police to report child neglect. “I didn’t get in any trouble that day, but for many years after the experience I didn’t want to run around my block."

Instances like this are common in Colorado, said Rep. Mary Young, D-Greeley. In 2019, there were 3,854 reports made to child services for lack of supervision. Of those reports, 3,169 — 82% — were unfounded, she said, citing state data.

The Colorado legislature is trying to tackle this issue with House Bill 1090. If enacted, the bill would change child abuse and neglect laws to clarify that a child is not neglected when allowed to participate in reasonably independent and safe activities. Those include walking to and from school, playing outside or staying home alone.

The state Senate approved the bill Tuesday in a 33-0 vote, following the state House of Representative’s unanimous vote last month. The bill will now be sent to Gov. Jared Polis for final consideration.

Bill sponsors Young and Rep. Kim Ransom, R-Littleton, said they spent their childhoods freely playing outside, riding bikes, exploring their neighborhoods and returning home when the streetlights turned on.

“We’re trying to give greater flexibility to families,” said Young, a former child psychologist and chair of the Weld County child abuse coalition. “When youth are given independence they grow, learn and thrive and we’re pleased to pass legislation that empowers their right to independence.”

The bipartisan bill united both parties, with Republicans and Democrats alike saying children today do not have the same level of independence as previous generations, but should. A nearly identical bill was introduced in 2020, but was abandoned after the COVID-19 pandemic hit, changing legislative priorities. That year, the bill unanimously passed the House.

The share of baseless reports of child abuse and neglect have increased in recent years, Young said. In 2019, there were 2.4 million unsubstantiated investigations of child abuse and neglect in the U.S., compared to 681,772 substantiated investigations, according to an annual National Child Maltreatment report. In Colorado, there were 28,783 unsubstantiated investigations and 13,127 substantiated investigations.

Brinley’s mother, Christa Sheffield, said the unsubstantiated report made against her for letting her daughter run around the block has caused her to “parent out of fear.”

“No one knows my children like I do, and I should be able to decide when they’re capable of independence,” she said. “I was in no way concerned at that time that she would get lost or hurt on her run. What I didn’t realize was that I really needed to be concerned about the judgment of other people.”

For Brinley, the experience was scary and frustrating. But after years of being afraid to be spotted outside alone, she said she is ready to make a change, testifying in support of the bill during the House committee meeting.

“I want to be independent and be able to do things by myself,” Brinley said. “I know I’m capable of doing a lot of things.”