Recently, SC introduced a new bill that may become law called the Free Range Parenting Bill. Free Range Parenting can mean a lot of different things, but mostly it is what it sounds like: a hands off approach to parenting. The opposite of “helicopter parenting”, free range parenting has become popular with many conservatives who recall going places and doing things freely as a kid and many progressives who want to give their kids autonomy and self reliance. It’s meant to build up responsible, confident little adults by letting kids also be kids, on their own. Sounds great, right?
While Free Range Parenting certainly has an appeal, as a lawyer and a mom, I know what making a new law really means and does not mean. I had mixed feelings. On one hand, wouldn’t it be great to let my kids play at the park while I run to the store nearby for just a few minutes without them? And didn’t many of us do that as kids? On the other hand, is this safe to do realistically? And will others abuse this to neglect and ignore their kids who maybe aren’t actually ready to behave alone in public?
So, I did some research on this bill. I’ve tried to highlight simply what I’ve found for you:
What It Does
This bill seeks to clarify that leaving a child that is “old enough” and “mature enough” to be alone in any safe public place, car, or home is not automatically neglect.
What It Does NOT Do
- It does NOT give teenagers the right to drive themselves places and shop or go to the movies – because they can already do this.
- Likewise, it does NOT make it legal to leave your kids in the car as long as it is a safe temperature. You ALREADY can; that’s not abuse or neglect under SC law. The law just tries to clarify this specifically.
- It does NOT make it legal to leave your child in a hot or freezing car or home while you go out. This is still neglect and sometimes endangerment under SC law, so this won’t make it OK. However, it could make some people THINK that’s what it means, leading to more hot car deaths possibly.
- It does NOT force businesses and public places to allow you to leave your kid anywhere you see fit. They can still post signs that say “do not leave children unattended” and you cannot argue it’s “your right”. The law simply means letting your kid walk to school or ride their bike alone isn’t neglect automatically, which it again already is not.
- It does NOT change any motor vehicle laws or laws on adult conduct in public. That means adults can say anything to your kids they want, photograph and record them. Also, if your kid is violating traffic law and is hit, it’s not automatically the driver’s fault. There is no raised standard to watch for kids.
- It does NOT mean you cannot be reported to DSS when your kids are out on their own. People can still call and report signs of neglect and abuse, such as being underdressed for the weather, bruises, skinniness and other signs that could be neglect or a growth spurt. It doesn’t protect you from being reported or having your children removed, just that letting them go somewhere themselves isn’t cause by itself for authorities to become involved.
- It does NOT mean your kids cannot be stopped, questioned, arrested, or even have force used against them by police without your consent or knowledge. They do NOT have to have committed any crime for this to happen.
Possible Dangers
- According to the South Carolina Attorney General’s office and statistics from the FBI, human trafficking IS a problem in South Carolina. In addition to this but separate, there are currently over 700 registered sex offenders just in the City of Columbia according to Richland County Sheriff Department’s website. You can check your local area here.
- In addition, “statewide… pedestrian fatalities have been trending upwards for several years. There were 100 in 2013 and 159 last year, according to the Highway Patrol.”
- South Carolina incarcerates more minors than most states and the US locks up more kids than any other country in the world. It’s considered a legal crisis. Also, it’s a multimillion dollar industry. When out and about, your kids can be arrested at any age for any reasonable belief they committed any crime, even relatively minor offenses.
- When you or your kids are out and about, you are going to come in contact with kids on the lose, and not all of those kids will be old enough or behaved enough to be there. The law isn’t specific about age or what “mature enough” means or places any time limits on this nor does it specify venues where you can leave your kids. This could change public places and what it’s like to work in a library, store, or pool for instance. With the cost of daycare and opioid addiction crisis, there is no way to prevent abuse of this that effects everyone suddenly having to babysit instead of doing their job.
- Wasted Resourced: how many kids will temporarily go “missing”? This eats up a lot of resources that are limited. Any time officers have to parent for absent parents, they are not preventing crime and protecting the public somewhere else. This is just a mathematical fact.
- We currently cannot house all the children is SC foster care. Should we instead make laws to address this need for children first?
How to Be Heard
Whatever you opinion, contact your local representative which you can find here with questions, concerns, and support you may have.
