Vermont H 769: An act relating to child welfare and appropriate independent childhood activities

Bill Text

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H.769 1
Introduced by Representatives Dobrovich of Williamstown, Arsenault of 2
Williston, Bosch of Clarendon, Burtt of Cabot, Coffin of 3
Cavendish, Galfetti of Barre Town, Goslant of Northfield, 4
Hunter of Manchester, Morgan, M. of Milton, Nugent of South 5
Burlington, and Tagliavia of Corinth 6
Referred to Committee on 7
Date: 8
Subject: Human services; abuse or neglect of children 9
Statement of purpose of bill as introduced: This bill proposes to establish that 10
permitting a child to engage in independent activities without supervision, 11
provided the activities are appropriate based on the child’s age, maturity, and 12
physical condition, does not constitute neglect. It also proposes to make 13
miscellaneous changes to the standards for substantiating a parent or guardian 14
for child abuse or neglect. 15
An act relating to child welfare and appropriate independent childhood 16
activities 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. FINDINGS 19
The General Assembly finds that: 20

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(1) Fostering age-appropriate independence in children promotes 1
resilience, self-confidence, and community engagement essential for children’s 2
well-being and development. 3
(2) Parental rights to make reasonable decisions about their children’s 4
activities should be protected, provided such decisions do not endanger the 5
child’s health, safety, or welfare. 6
(3) Clarifying the definition of neglect ensures parents are not unfairly 7
penalized for allowing safe, independent activities appropriate to a child’s age 8
and maturity. 9
(4) Supporting family autonomy aligns with Vermont’s commitment to 10
child welfare while preventing unnecessary State intervention. 11
Sec. 2. 33 V.S.A. § 4912 is amended to read: 12
§ 4912. DEFINITIONS 13
As used in this subchapter: 14
(1) “Abused or neglected child” means a child whose physical health, 15
psychological growth and development, or welfare is harmed or is at 16
substantial risk of serious harm by the acts or omissions of his or her the 17
child’s parent or other person responsible for the child’s welfare. An “abused 18
or neglected child” also means a child who is sexually abused or at substantial 19
risk of sexual abuse by any person and a child who has died as a result of abuse 20
or neglect. An “abused or neglected child” does not include a child who has 21

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been permitted to engage in independent activities without supervision, 1
provided the activities are appropriate based on the child’s age, maturity, and 2
physical condition. 3
* * * 4
(18) “Independent activities” includes: 5
(A) traveling to and from school or nearby locations by walking, 6
running, or bicycling; 7
(B) traveling to nearby commercial, recreational, or community 8
facilities; 9
(C) engaging in outdoor play; 10
(D) remaining at home unattended for a reasonable period of time; 11
(E) remaining in a vehicle if the temperature is not dangerously hot 12
or cold, except as prohibited by law; and 13
(F) engaging in similar activities alone or with other children. 14
Sec. 3. 33 V.S.A. § 4915b is amended to read: 15
§ 4915b. PROCEDURES FOR INVESTIGATION 16
* * * 17
(f) The Department shall not substantiate cases in which neglect is caused 18
solely by the lack of financial resources of the parent or guardian or specific 19
information that a reasonable parent or guardian with the education and from 20

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the culture of the parent or guardian would not have known, understood, or 1
practiced. 2
Sec. 4. 33 V.S.A. § 5102(3) is amended to read: 3
(3) “Child in need of care or supervision (CHINS)” means a child who: 4
(A) Has been abandoned or abused by the child’s parent, guardian, or 5
custodian. A person is considered to have abandoned a child if the person is 6
unwilling to have physical custody of the child; unable, unwilling, or has failed 7
to make appropriate arrangements for the child’s care; unable to have physical 8
custody of the child and has not arranged or cannot arrange for the safe and 9
appropriate care of the child; or has left the child with a care provider and the 10
care provider is unwilling or unable to provide care or support for the child, the 11
whereabouts of the person are unknown, and reasonable efforts to locate the 12
person have been unsuccessful. 13
(B) Is without proper parental care or subsistence, education, 14
medical, or other care necessary for his or her the child’s well-being. 15
(C) Is without or beyond the control of his or her the child’s parent, 16
guardian, or custodian. 17
(D) Is habitually and without justification truant from compulsory 18
school attendance. 19

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Sec. 5. IMPLEMENTATION 1
(a) On or before January 1, 2027, the