Flynn Et Al. - The Unintended Consequences of Lack of Supervision Laws
Flynn Et Al. - The Unintended Consequences of Lack of Supervision Laws
Flynn Et Al. - The Unintended Consequences of Lack of Supervision Laws
Rachel M. Flynn , Department of Child & Adolescent Development, San Francisco State
University, San Francisco, California, USA
Nicholas J. Shaman , Department of Psychology, University of Houston—Clear Lake,
Houston, Texas, USA
Diane L. Redleaf , Principal, Family Defense Consulting, LLC, Oak Park, Illinois, USA
ABSTRACT
Policies and programs designed to serve children and families are sometimes misaligned
with developmental science research. Broad child neglect reporting laws, first adopted by
the United States in 1974, have led to families being prosecuted by child protection authori-
ties for allowing children to participate in everyday age-appropriate activities unsupervised. In
this report we describe the challenges of defining child neglect and outline the current land-
scape of neglect laws in the United States. We then provide a broad overview of some of
the developmental milestones children need to reach to participate in unsupervised activities
and the benefits of independent activities on child development. Children can often accom-
plish tasks at a much younger age than law, parents, and caregivers in the U.S. believe. We
then turn to the literature from across the world and argue that culture, not innate ability,
drives much of the variation in the age at which children can do things on their own. Finally,
we make recommendations to parents, caregivers, legislators, advocates, and developmental
scientists to better align practice with research. This is a social justice issue that should
resonate across party, racial, and class lines. Developmental scientists are needed as advo-
cates and advisors on policies impacting children and families, especially child neglect laws.
Keywords
child protection, childhood independence, supervisory neglect
Correspondence
Diane L. Redleaf ([email protected])
The authors conclude with a set of concrete and research-informed suggestions for parents and caregivers,
legislators and advocates, and developmental scientists. For parents, they argue that it is important to pay
attention to their child’s developing physical, cognitive, and emotional skills and talk to them about what
they feel capable of doing independently, such as walking to school. For legislators, they suggest looking
at new laws enacted in Colorado, Oklahoma, Texas, and Utah that have been amended to exclude from
neglect laws children’s independent activities, such as walking to school alone. Lastly, the authors call on
developmental scientists to not only conduct more research on this topic but also to advance policy in the
area and consult with nonpartisan advocacy agencies for coordination of policy activities.
This SPR offers a wide-ranging analysis of child neglect laws and practices covering both state and
international policy standards. Most importantly, it points out how neglect of children’s developmental
trajectories and their need for independence has led to poorly-informed social policies that may be impeding
children’s healthy development.
Policies and programs designed to serve children and families are built upon a
general understanding of child development. Developmental research has tried to
expand that understanding and determine the typical ages at which children acquire
certain skills and capabilities, while at the same time incorporating individual
differences and cultural variations in child development (Rogoff, 2003). Unfortunately,
cultural norms, and therefore, laws and policies, are sometimes misaligned with the
research evidence. This is particularly true for child protection law and policy,
including the understanding of when children can and should be allowed to be
unsupervised by adults in developmentally appropriate ways.
There are cases across the U.S. of governmental authorities investigating school-age
children for playing, walking home, or being alone without constant adult supervision as
indicative of neglectful parenting, and this treatment, in turn, has led to traumatic,
threatening, and punitive consequences for families (see Fuller & Redleaf, 2015; Haidt &
Skenazy, 2017; Redleaf, 2022). For example, cases on this topic include a village that
forbade children from using the library without an adult present if they are under the age
of 12, under threat of calling the authorities for violations (Skenazy, 2009a); a 7-year-old
who was stopped by police for running around the block in Colorado (Brown, 2022); and
an 8-year-old whose mother faced neglect charges for allowing her to walk the dog in
Illinois (Bevar, 2018). In all these cases children were participating in activities that their
parents had determined were appropriate. However, the laws in some states claim that
Vague child neglect laws are another contributor to this cultural shift and the negative
consequences on families, particularly among communities of color (see Pimentel, 2019;
Redleaf, 2022). The vagueness of these laws leads to confusing child neglect with poverty
and contributes to disadvantaged communities' disproportionate intervention by law
enforcement and CPS (Gupta-Kagan, 2022; Roberts, 2022). Additionally, increasing hotline
calls and investigations of families places burdens on the limited resources of government
agencies responsible for safeguarding children, diluting the attention available-to children
in danger of serious abuse and neglect (Pimentel, 2015; Ruiz-Casares et al., 2012).
These factors illustrate the need for clearer policy defining appropriate child
supervision and healthy childhood independence versus harmful supervisory neglect.
Parents and policymakers can benefit from the knowledge and skills of
developmental scientists in determining these distinctions. For example, researchers
on supervisory neglect suggest that judgments of parents' behavior should be based
upon objective consideration of the frequency, chronicity, and extent of poor
supervision (Morrongiello & Cox, 2020). However, laws and policies do not generally
reflect these points. Developmental researchers can also contribute by discussing
topics such as what constitutes minimally acceptable care for a child and what level
of lack of supervision warrants intervention from government agencies.
This paper first discusses the legal and cultural landscape that has led to a
diminution of children's engagement in independent activities. We then turn to the
child development trajectories as well as perspectives beyond Western culture that
can inform the adoption of sound laws. We conclude with recommendations for
parents, legislators, and developmental science researchers to align law and policy
with child development research.
Every year, more than 7 million children are reported to CPS hotlines in the U.S. (U.S.
Department of Health & Human Services (HHS), 2022). These hotline calls result in two
million cases opened for investigation or a service response in the United States, with
approximately 620,000 cases deemed to be “substantiated” (i.e., cases in which, upon
investigation, some form of abuse or neglect is deemed to have occurred) (U.S.
Department of Health & Human Services (HHS), 2022). Sixty percent of these cases
concern “neglect only” cases (i.e., the cases present no claim of physical or sexual abuse)
(Pimentel, 2015; U.S. Department of Health & Human Services (HHS), 2022). However, it is
unclear how many neglect cases fall within the area of “supervisory neglect,” because
many states' laws, policies, and data reports do not distinguish between different forms of
neglect (Redleaf, 2022a, 2022b). For example, Arizona is a state that maintained
subcategorized data, meaning that it breaks neglect cases into categories such as
Universally agreed-upon definitions of supervisory neglect are hard to find in both the
legal and research landscape (American Law Institute (ALI), 2019; Morrongiello & Cox,
2020; Proctor & Dubowitz, 2014; Redleaf, 2022; Straus & Kantor, 2005). This is because
child neglect is multidimensional and context-dependent, and it presents differently based
on the age of the child (Proctor & Dubowitz, 2014). In addition, neglect is particularly wide-
ranging because, unlike abuse, it deals with omissions of care rather than specific actions
or behaviors (Morton & Salovitz, 2006). Broadly, developmental science treats neglectful
behavior as the failure to meet the developmental needs of a child (Straus & Kantor,
2005). However, there is great variation in children's developmental needs, and parenting
behaviors, and environmental risks (Morrongiello & Cox, 2020).
The difficulty of defining supervisory neglect contributes to the overly broad definitions
adopted in some Western countries. For example, the Australian government's Institute of
Family Studies identifies supervisory neglect as inadequate supervision that leads to
potentially serious harm to the child (Scott et al., 2012). U.S. legal definitions often set the
threshold lower, referencing merely a risk of unspecified harm (Coohey, 2003). Some state
laws define neglect as the lack of “proper” care or use the term “without supervision,”
implying that any child who is not constantly supervised by an adult could be determined
to be “neglected” (Gupta-Kagan, 2022; Pimentel, 2015; Redleaf, 2020b, 2022). These
definitions provide little guidance as to how potential harms may vary depending on the
age and abilities of the child (Dubowitz et al., 2022). Morrongiello and Cox (2020) note that
supervisory neglect exists along a continuum; there is not a clear “sufficient/insufficient
supervision” dichotomy. They suggest an appropriate assessment examines the parent's
supervisory capacity and the child's capabilities all within the context of the child′s
environment.
Another potential concern with opened-ended neglect laws is that they invite state
intervention into family life in a manner that is harmful and traumatic, as well as
racially disproportionate. Current statistics in the U.S. suggest that 37% of children
experience an investigation by child protective services in their childhood, and of
those children, a disproportionate percentage (53%) are Black children (Kim et al.,
2017). Roberts (2022) highlights the roots of child protection system's interventions to
separate families in the United States' legacy of slavery and racial segregation. In
addition, the author highlights the connection between “family policing” by the CPS
system and the carceral systems operated by police, prosecutors, and prisons.
Indeed, a parent who opens their doors to law enforcement or CPS investigators
during a home visit following a hotline call sometimes experience explosive, life-
altering ramifications. For example, Redleaf (2020c) and Roberts (2022) report the
neglect case against Vanessa Peoples, a mother who was investigated because her
child briefly wandered away from her in a park. This resulted in a hotline call and
misdemeanor charges which required routine checks of her home. Then during
one of these routine well-being checks, Peoples was literally hogtied by police in her
own home for not answering the door because she was in the basement
(Moriarpy, 2022). Advocates for racial and social justice increasingly call for
fundamental changes in CPS laws and policies that authorize such interventions in
the name of child protection (Roberts, 2022).
Part of the problem is that very little guidance is available to hotline responders
(i.e., social workers, CPS, police) who are responsible for investigating cases and
enforcing child neglect laws (Gupta-Kagan, 2022). As of 2022, there are 44 states that
have child neglect laws that were vague, defining neglect as “lack of supervision”
(Let Grow, n.d.a). In these cases, states make CPS caseworkers responsible for
deciding if a particular situation should be deemed neglectful (Redleaf, 2020a). This is
problematic because, as research using focus groups has found, CPS caseworkers
and other service providers do not always rely on their professional experience and
training when making judgments about children's supervision (Grégoire-Labrecque
et al., 2020). Instead, they rely on their personal experiences. This can be detrimental
because they may not use their training to reduce bias or use legal frameworks as
guidance when making decisions (Grégoire-Labrecque et al., 2020). It is especially
challenging to eliminate biased decision-making where laws, policies, and training
do not create a sufficiently clear and objective method for limiting biases. Some
celebrated cases have dramatized these concerns. In 2014, parents in Silver Spring,
Theoretically, the United States Constitution protects the right of parents in the first
instance to determine when and if their children are ready for independence, including by
engaging in activities that are not supervised by an adult or responsible older child (i.e.,
serving as a babysitter or monitor). This general principle is rooted in the First, Ninth, and
Fourteenth Amendments and has been repeatedly reinforced as “fundamental” by the
United States Supreme Court (Meyer v. Nebraska, n.d.; Troxel v. Granville, n.d.).
Nevertheless, these rights do not prevent parents from being subjected to investigations
and charged with child endangerment or neglect by law enforcement authorities or CPS.
This is because the rights of parents to the care and control of their children extend only
to “fit” parents, not those lawfully deemed abusive or neglectful (Troxel v. Granville, n.d.).
And the State has ultimate authority as “parens patriae” to care for children if the parents
are unfit, unwilling, and unable to do so (Longley, 2021). Under the guise of protecting
children from parents who are harming them, the overwhelming majority of states have
laws and policies that permit or encourage the treatment of unsupervised children as
neglected (Let Grow Maps Project, n.d.a).
Recently some states have made changes, however, to protect families from
overbroad neglect laws. In 2018, Utah (2018) redefined its neglect law to define
childhood independence stating, “Neglect does not include permitting a child who is
of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage
in independent activities, including: (A) traveling to and from school, including by
walking, running, or bicycling; (B) traveling to and from nearby commercial or
recreational facilities; (C) engaging in outdoor play; (D) remaining in a vehicle
unattended; (E) remaining at home unattended; or (F) engaging in a similar
independent activity.”
Oklahoma (Oklahoma House Bill 2565, 2021), Texas (Texas House Bill 567, 2021), and
Colorado (Colorado House Bill 22-1090, 2022) followed suit, passing laws explicitly
protecting children's reasonable independence (Let Grow Maps Project, n.d.a). For
example, Oklahoma's law (Oklahoma House Bill 2565, 2021) redefined neglect overall,
Despite this and other research indicating new capabilities around this age, U.S.
middle-class families often believe that children are not capable of these skills until at
least 10 years old. For example, child protective authorities in Georgia recently
criminally charged a mother for allowing her 14-year-old daughter to babysit
(Skenazy, 2022), at odds with the Red Cross training babysitters starting at age
11 (Fuller & Redleaf, 2015). This contrast is another example of how the cultural
norms, laws, and policies regarding child supervision may vary. The disconnect
demonstrates a need for a comprehensive review of developmental trajectories of
childhood independence.
In our review, we focus on the capabilities that children have at age 5 and beyond
and focus more specifically on middle childhood, which we define as age 6 to
12 years old. Throughout this section, we will use the example of a child walking to
school to illustrate each of the developmental domains. We chose walking to school
because there is evidence that this experience has changed dramatically for children
over time, related to the changing legal and cultural landscape. Prior to the passage
Finally, for each domain, we discuss the importance of practice and experience in
reaching developmental milestones. The skills related to independence do not
emerge solely due to biological maturation, but
through the opportunities and experiences
The skills related to independence do not children have practicing these and related skills.
Development is an inherently social process,
emerge solely due to biological maturation, and children's engagement in everyday
but through the opportunities and experiences activities provides them with opportunities to
participate in the world that they would not
children have practicing these and related have on their own (Gauvain & Perez, 2007).
skills. Children go through qualitative changes in how
they think and behave because of these
experiences. As with variations in development,
covering all the developmental mechanisms for
childhood independence is beyond the scope of this paper, but certain factors will be
discussed.
Physical development
Motor skills and physical well-being are some of the primary capabilities needed for
children to participate in activities independently. Gross motor skills include movements
that require large muscles or muscle groups (e.g., running), while fine motor skills use
small muscles or muscle groups (e.g., writing with a pencil) (Payne et al., 2016). Skills
like walking, climbing, running, and jumping proficiently all contribute to the ability of
children to do activities independently. In addition, skills such as reaching items on
shelves, riding a bike, using tools (e.g., sweeping/raking/shoveling), using a phone, and
carrying objects require a level of physical capacity, including sophisticated motor skills
for children to be able to accomplish various tasks alone. In the U.S., by age 6 children
typically can ride tricycles, climb ladders, and throw, catch, and kick balls. Elementary
school-age children 7–12 years old can master any motor skill that does not require an
adult-size body (Payne et al., 2016). For example, by about age 9, children's running and
jumping skills are at the same level as adults.
Children need a certain set of physical skills and abilities to walk to school on their
own. The child needs to physically transport themselves (e.g., motor skills such as
walking, running, wheeling their wheelchair, or riding their bicycle), the physical
coordination of those skills needed to traverse their environment (e.g., coordination
needed to balance their bicycle or not frequently trip and fall when walking), and the
physical fitness to get there (e.g., having the strength and endurance to travel the
distance to school). From a physical development perspective, most 6- or 7-year-olds
have the skills needed to walk alone to school.
There are a host of factors that contribute to the development of children's motor
skills (Adolph & Hoch, 2019; Foulkes et al., 2015). But a primary contributor is
children's experience with physical activity (Ali et al., 2017; Fisher et al., 2005). The
more that children engage in physical activity, the more their motor skills will
improve. Beyond just the opportunity, children require instruction and practice to
demonstrate mastery of fundamental movement skills. Walking to school and other
independent activities have been shown to be related to children's physical
development. Children who have more independent mobility have greater physical
activity profiles, which in turn leads to healthier overall development (Stone
et al., 2014).
Cognitive development
Cognition includes the mental activities that allow humans to examine, use,
remember, and communicate information (Bjorklund, 2022; Gauvain, 2022). Infancy
and early childhood are periods of especially rapid cognitive growth, which is then
refined throughout middle childhood (6–12 years old), resulting in a high level of skill
that allows them to understand and participate in the world in complex ways
(Gauvain, 2022). Cognitive abilities, such as perception, attention, inhibition, memory,
decision-making, and problem-solving, all improve greatly between 4- and 7-years old
(Best & Miller, 2010; Blair & Raver, 2015; Zelazo, 2015). These skills help children
attend to relevant information and ignore distraction, which are helpful and necessary
for formal schooling and independent activities.
Imagine all the cognitive abilities that apply to the actions involved in a child's walk
to school on their own. The child needs to remember the route (memory and spatial
skills), attend to where they are going (attention), be flexible in their thinking in case
something about their route has changed (cognitive flexibility), and they need to
solve problems they might encounter on the way (decision-making and problem-
solving). In addition, they need the language skills to be able to ask for help from
people if they need it and to understand what they are being told. This complex set
of skills may seem advanced, however, as we have reviewed by age 8 (and younger
depending on experience and context; see Section III), most children are at an
adequate developmental level and could walk to school depending on the location
and distance.
Social and emotional skills are key developmental milestones for school readiness,
and highly related to children's ability to be independent. These include self-
awareness, self-management, social awareness, relationship skills, and responsible
decision-making (see Collaborative for Academic, Social, and Emotional Learning
(CASEL), n.d; Payton et al., 2000). Developing these skills allows children to manage
emotions, cope with frustrations, control impulses, interact with adults and peers,
and respond to environmental changes. Social and emotional development begins in
infancy and continues through adolescence (Denham, 1998, 2019; Denham
et al., 2003).
Social development refers to children's understanding of their social worlds and the
kinds of social interactions they can have with others (CASEL, n.d; Denham, 2019).
The development of social cognition and social awareness is well-established by
middle childhood (Eisenberg et al., 2015). These skills help children interpret their
family situation as well as the world around them. Children have the ability to
process and interpret cues in social situations, arrive at competent decisions, and
behave accordingly (Arsenio & Lemerise, 2004; Crick & Dodge, 1994). A major vehicle
for children's development of social skills is their play with other children,
independent of adult control. To play together, children must decide together what
and how to play, reinforce the rules or boundaries with one another as they play, and
attend actively to one another's needs (Frost et al., 2012; Furth, 1996; Gray, 2013).
Theory of Mind is children's ability to think about one's own and others' mental
states, including thoughts, desires, beliefs, and feelings (Wellman, 2014; Wellman &
Lagattuta, 2000; Wellman et al., 2001). Theory of mind also includes children's
understanding of others' intentions, a potentially important aspect of childhood
independence if the independent child is playing outside, interacting with others, or
running an errand (Wellman, 2014). Theory of Mind is typically well developed by age
4 (Wellman, 2014). Though a child's understanding of mental states continues to
develop, by 8 years old children understand more complex reasoning, and by 9 years
old they can even fully understand irony and sarcasm (Glenwright & Pexman, 2010).
Theory of Mind is advanced through children's social interactions with other children
and adults (Flavell, 2004). Research also examines the development of whom children
endorse as trustworthy. For example, 4- and 5-year-olds trust their mother more than
a stranger, but even at that age, they can update their views of people's
trustworthiness based on new information (Corriveau et al., 2009; Gauvain, 2022;
Ronfard & Lane, 2018). This developmental skill is important if a child is to participate
in independent activities in which they might encounter strangers (e.g., going to the
grocery store for bread, playing at the playground).
We can apply the social perspective to the same example of a child being ready to
walk to school. Children need to have enough self-regulation to know they need to
stop at a stop sign, look both ways, and then cross the street. During their walk, they
may need to interpret social situations, such as if they encounter a group of rowdy
teenagers. If they have seen this situation before and it made them uncomfortable,
they may choose to cross the street to avoid it (social processing skills). They need
Theory of Mind to understand who might be trustworthy and to adapt their belief
about that person if needed. Finally, the child needs to know how to seek help if a
problem emerges en route. Most of these skills are well-developed by the time
children enter elementary school. However, variations exist based on experiences
that children have as social-emotional skills develop and grow through practice (Blair
& Raver, 2015; Markus & Nurius, 1984). Therefore, independent experiences allow
children to improve their social-emotional skills in healthy and productive ways.
In summary, children need certain physical, cognitive, and social skills to engage in
unsupervised or independent activities. We have provided one example, walking to
school, however, the developmental skills needed will be similar for many activities.
The literature on children's ability to be “school ready” in the domains of physical
well-being and motor development, cognition and language and literacy, and social
and emotional development provides a good framework for considering childhood
independence (Kagan et al., 1995). While many of the developmental trajectories
continue to develop throughout middle childhood, many of them are at adequate
levels for entering formal schooling at the age of 5 or 6.
In addition, research supports the idea that child development (and independence) is
influenced by children's experiences and their families, and the communities in which
they are raised (Bronfenbrenner & Morris, 2006; Ghandour et al., 2019; Maxwell &
Clifford, 2004). Therefore, children who have certain experiences (e.g., watching a
Cultural Perspectives
Responsive caregiving includes providing developmentally appropriate challenges,
which is sometimes at odds with current child neglect policies in the United States. In
fact, allowing children to have challenges, risks, and opportunities for independence
is important for development. Because the research and laws related to supervisory
neglect were developed within a Western cultural perspective it is important to
understand how culture is influencing parents, families, educators, and lawmakers in
regard to childhood independence.
In this section, we examine how Western cultural perspective (and laws) may differ
from those around the world. We examine different cultural parenting beliefs and
attitudes toward childcare in order to demonstrate that abilities are often culturally
determined and experience-driven rather than
innate. Childhood independence across the
world varies greatly, and much of this variation
Childhood independence across the world is due to the beliefs of parents about their
varies greatly, and much of this variation is child′s development. These beliefs are rooted
in cultural differences. We draw from the
due to the beliefs of parents about their theoretical perspectives of Harkness et al.
child′s development. (2013) and Super and Harkness (1986) on
parental ethnotheories which are defined as
“culturally constructed ideas about children's
development, the family, and parenting”
(Harkness et al., 2013, p. 148). In this section we first discuss cultural difference in
understanding children's developmental capabilities, including their ability to be
unsupervised; we then discuss how parents' goals for childrearing may vary by
culture; finally we explore the cross-cultural research on children's independent
A specific parental belief that varies by culture is about the nature of child
development. Most parental beliefs about children's developmental abilities are
handed down from generation to generation, shared among the members of the
community, and often are not explicit. Each cultural group has its own set of beliefs
about children's developmental trajectories, and those beliefs contribute to their
decisions on how and when to supervise children or give them independence (Miconi
et al., 2018). Parents from English-speaking countries generally expect children to
have the capability to be unsupervised around 9- or 10-years-old, but Japanese and
Kenyan parents expect children to have such capabilities by 5 or 6 years of age
(Brown et al., 2008; Goodnow et al., 1984; Joshi & Maclean, 1997; Kyttä et al., 2018;
Schoeppe et al., 2016; Super & Harkness, 1986; Tranter & Pawson, 2001).
The differences in beliefs about development do not just influence the decisions that
parents make, but also children's developmental outcomes. Just looking at motor
skill development, incredible diversity exists between cultures (Karasik et al., 2010).
Children in Cameroon can sit unsupported at 4-months-old, a full 2 months earlier
than most U.S. children. Mothers in Cameroon even leave their 5-month-old infants
unattended on high stools for over 20 min (Karasik et al., 2010). In fact, the
U.S. Center for Disease Control and Prevention had to revise their growth charts to
account for some of these cross-cultural differences in developmental trajectories
(Kuczmarski et al., 2000). These differences in skill acquisition are not due to genetics,
but due to parenting practices and experiences.
Parents in different cultures also have very different goals for their children. In her
memoir, Yale Law professor Amy Chua described her childrearing philosophy as “tiger
parenting” (Chua, 2011). She focused almost exclusively on her children's academic
achievement at the expense of their happiness and self-esteem. Her view on parenting
created heated debates in the U.S. with many criticizing her parenting attitudes and
behaviors. Even the American Psychological Association's Developmental Psychology
division weighed in, discussing how tiger parenting is not successful (Kim, 2013). The
real issue many had with Chua was not how she raised her children or the outcomes it
had, but what her underlying goals of parenting were. Many believed her job as a parent
was to raise a happy and healthy child, not a hyper-achieving one.
Self-reliance is the child's ability to self-initiate and self-regulate their behavior (Edwards
& Liu, 2002). It is a developmental competency that is necessary for becoming a
successful adult in society and highly valued in certain cultures, but this also varies
widely. For example, African- and Mexican-American parents reportedly assign greater
importance to autonomy than Chinese and European-American parents (Suizzo, 2007).
Many studies of Indigenous communities in the U.S. also show a high value placed on
self-reliance. In these communities, children are integrated into “adult” daily tasks, such
as household work, food preparation, and childcare (Coppens et al., 2016). As a result,
children develop self-reliance at an earlier age compared to other Western populations.
This parenting behavior is not because of the socio-economic need of the family, but the
parental view that this integration and early self-reliance is essential to children's
development as human beings (Coppens et al., 2016). Children's autonomy and initiative
are supported and encouraged by parents in these communities.
Self-reliance and autonomy are highly valued in other cultures as well. Self-sufficiency
is highly valued among the Matsigenka people of the Peruvian Amazon, and a common
childrearing technique is to allow children to learn through trial and error, rather than
preventing and intervening in harmful situations (Ochs & Izquierdo, 2009). Parents in
Norway are also considered generally less risk-averse than parents in other developed
countries and view their role as parents as preparing children to be independent and
meet the challenges of life (Obee et al., 2021). They see risk as a natural part of
children's lives that affords children the opportunity to learn through mistakes, develop
self-confidence and toughness, and learn how to properly assess risk on their own.
Around the world, young children are also given “adult” work either due to necessity or
the cultural belief that it is good for their development. U.S. parents who operate a
family farm often include their children in the work at an early age (Neufeld et al., 2002).
Supervision occurred while training the children, but once sufficient mastery was in
place, children would perform the work unsupervised. Neufeld et al. (2002) found
children younger than 8-years-old are helping with minor tasks such as repair work and
cleaning, while 12-year-olds are operating heavy farm machinery with infrequent
supervision. Tsimane (a Bolivian Amazonian indigenous group) parents allow their 6-
year-old children to travel approximately 5 km (3.1 m) from the village unsupervised
(Davis & Cashdan, 2020). While these parents do not know where their children are at
any given time, they feel confident they know where their children are not, because they
taught their children not to travel to high-risk areas, such as the river or forest. Another
example, perhaps shocking to Western parents, is that independent child migrants are a
common phenomenon in Ghana. Children, usually young adolescents but sometimes
younger, migrate to other parts of the country without their parents (Amoah, 2020). But
this is not due to child neglect. Children are often traveling to live under the care of
While beliefs about childhood independence and supervision vary greatly between
countries and cultures, interestingly, not as many differences exist in what constitutes
severe child neglect (Lansford et al., 2015). In the Republic of Palau, an island country
in the Pacific, severe forms of child maltreatment are judged very similarly to
international standards (Futterman Collier et al., 1999). However, many situations that
could constitute supervisory neglect in Western countries are viewed as common
parenting practices in Palau. As long as the child is in the presence of an adult in the
community, Palauan parents consider the child to be under supervision. The cultural
belief is that the whole community is involved in caring for the child, so the parent
does not need to maintain direct supervision all the time.
In summary, examining cultural beliefs and practices across the world demonstrates
wide variations childhood independence and self-reliance, which can be drawn upon
when considering Western practices. In the next section we discuss some of the
specific benefits that independence has on developmental outcomes.
Benefits of Independence
The review of developmental trajectories and cultural differences affecting
children's independence demonstrates that children are capable of exercising
independence in ways most current U.S.
neglect laws do not allow. Moreover, there are
Children who have little opportunity for many positive benefits to independence. By
the same token, children who have little
independence may lag in developing the opportunity for independence may lag in
essential skills they need to succeed in life developing the essential skills they need to
succeed in life and experience more mental
and experience more mental health health challenges (Gray et al., 2023). For
challenges. example, children need opportunities for
exploration, unsupervised play, and self-
discovery to learn how to self-regulate, make
There are links between independent play and childhood developmental outcomes
(Gray, 2011; Gray et al., 2023). Children explore and have opportunities to be creative
and learn about themselves and others through unstructured independent play
without adults present (Gopnik, 2016; Gray, 2011; Gray et al., 2023). Play promotes
problem solving skills, creativity, and conflict resolution, all in the relative safety of a
game or imagined setting. Independent play has benefits for social skills as it allows
children to create a sense of community (Gray, 2013; Hooper et al., 2015). For
example, in Italy, children who engage in more independent play also spend more
time engaged in peer activities (Prezza et al., 2001). Other research found that
children's unsupervised play in the neighborhood fostered a greater sense of
community, belonging, and social connection, which had a positive impact on their
well-being as adults (Hooper et al., 2015; Rogers, 2012). Research has found a direct
relationship between early play and later social competence. Children who engaged
in rough and tumble play showed higher degrees of social competence later while
children deprived of opportunities to play show less flexibility later (Gopnick, 2016).
Outdoor play that might be risky, such as climbing a tree, is overall beneficial for
children's development as well (Brussoni et al., 2015; Harper, 2017, 2018). In addition,
according to Gopnick (2016) there is a bidirectional relationship between stress and
play where stress diminishes children's ability to play, and play diminishes children's
susceptibility to stress.
One contributor to the decrease in unsupervised play time for middle- and upper-class
children is an increase in structured and scheduled activities (Lareau, 2002). Many
In addition to the physical benefits of walking, research has found that independent
mobility has positive impact on other domains, including cognitive skills (Berasategi
et al., 2021; Cornell et al., 2001). For example, research has demonstrated that
children who walked to school developed a better understanding of their
environment and neighborhoods, improving spatial skills, and their sense of
community (Hooper et al., 2015; Jamme et al., 2018; Joshi et al., 1999; Rissotto &
Tonucci, 2002; Tranter & Pawson, 2001). Generally, children's ability to travel
unsupervised is itself a developmental outcome that is a result of a gradual process
of the child learning safety skills and having the chance to practice them (Crawford
et al., 2017). Being unsupervised is a necessary part of that practice and
developmental process. For healthy, positive development, children need a balance of
safety and adventure (Brendtro, 2016; Brendtro & Strother, 2007; Sandseter &
Kennair, 2011).
There has been a cultural shift in parenting in the U.S. where there is an increased
focus on children's safety at all costs and striving to minimize all risk (Pimentel, 2012,
2015). The cultural shifts regarding the supervision of children are also directly
Research has shown that risk aversion leads parents to make decisions that are not
always rooted in facts or what might be best for their child developmentally. For
example, parents list “stranger danger” concerns just about on par with fears of
traffic, when it comes to allowing their child to walk to school, even though “stranger
dangers” are far less likely (Joshi & Maclean, 1995). In addition, the belief that
unsupervised children are at great risk of abduction causes inappropriate
assessments of risk. The reality is that children are much more likely to be harmed in
a car accident or from fires or smoke inhalation than be abducted (Cairns, 2009;
Pimentel, 2015; Wodda, 2018). More recent research found that parents often feel
conflicted in making decisions about things like letting their child travel to places on
their own, because they are concerned about safety, but at the same time, they
would like their child to have the opportunity to develop their independence (Fotel &
Thomsen, 2002).
Parenting, however, should not focus on risk aversion, but on risk management
(Pimentel, 2015). Parents can make this shift through habituation, the experience of
diminishing an emotional response through repeated exposure to an experience
(Cloutier et al., 2011). Parents are more likely to accept risk as they begin to allow
their children to have independent experiences. On the flip side, when parents spend
more time transporting and supervising their children, they have less of an
opportunity to become habituated to the risk associated with allowing their children
to be unsupervised (Cloutier et al., 2011). No action is free from risk. However,
attempting to protect a child from all risks prevents the child from learning how to
deal with them and perpetuates parents' fear-based beliefs.
Increasingly punitive and pervasive application of neglect laws and policies has likely
also created changes in children's experiences and parents' beliefs about what is
important developmentally. It is not surprising that parents might be hesitant to have
their children walk home alone if it could lead to neglect allegations or criminal
charges. Reported stories of children stopped from engaging in independent activities
can create a vicious cycle for parents as it reinforces the perception that walking to
school is dangerous and that only neglectful (or immoral) parents allow this (Jamme
et al., 2018). Similarly, policies that forbid children from using libraries on their own
until they are 10 or 12 years old (Skenazy, 2009b) would obviously deter parents and
children from the experience of children exploring their interests in books on their
own. Rules and practices like these have perpetuated the idea that children need
constant line-of-sight supervision from an adult until they reach teen years or young
adulthood but leave them increasingly unprepared for independence because they
have been denied practice (Haidt & Skeanzy, 2017).
There isn't one simple observation that parents and caregivers or CPS caseworkers
can make to test if a child is ready for independence. However, there are many things
that parents can do to prepare children for these opportunities and to work with
children to determine what they are ready to handle.
• Pay attention to children's developmental level including their evolving skills in the
physical, cognitive, and social-emotional spheres and work to allow experiences
that meet that level.
Legislators, legislative staff, and program administrators can take many steps to both
advance the ability of children to enjoy the independence that is developmentally
appropriate, and to protect the ability of parents to exercise of sound parenting
judgments about when children are capable of being unsupervised:
• Follow the lead of the states (at time of publication: Colorado, Oklahoma,
Texas, and Utah) that have amended their neglect laws to make explicit that
children's independent activities are expressly excluded from the definition of
neglect.
• Remove language in laws and policies that set age limits for independent activities.
• Review state policies and practices governing mandated reporting and reporter
education so that calls to the Hotlines do not have the effect of abridging children's
independence, absent genuine risk of harm.
More developmental scientists are needed to inform laws and policies about the
research on child development. While social media has created a platform for
developmental scientists to explain research to the general public, our voices are still
often missing from the broader dialog. Our hope is that this manuscript will spur
further conversations on this topic and provide specific ways for developmentalists to
become involved.
Acknowledgments
The authors gratefully acknowledge the comments on an early draft of this paper
by Dr. Peter Gray, research professor, Boston College Psychology Department,
co-founding board member of Let Grow, and Lenore Skenazy, co-founding board
member and President of Let Grow. We would like to disclose that co-author Diane
Redleaf's employment at Family Defense Consulting includes a part-time position as
Legal Consultant to Let Grow, a national not-for-profit 501(c)(3) organization. Through
her affiliation with Let Grow, Ms. Redleaf has coordinated legislative drafting,
research, and strategic advocacy for the Colorado, Oklahoma, and Texas laws
discussed in this paper and has also developed the materials cited as the Let Grow
Maps Project and the Let Grow Toolkit. Her work on this paper and on the articles
cited as Redleaf (2022a, 2022b), were completed through her professional
employment with Let Grow.
Nicholas J. Shaman, PhD is an Assistant Professor of Psychology the University of Houston – Clear Lake. He received
is BA in Psychology and Religious Studies from Boston University and his PhD in Developmental Psychology from the
University of California, Riverside. He has received the Society for the Psychology of Religion and Spirituality's Research
Seed Grant and the UCR Graduate Dean's Dissertation Research Grant. Dr. Shaman has also worked on project funded
by the Social Science Research Council and Templeton Foundation on children's religious cognitions. Recently, he is a
guest editor for the journal Religions for a special issue on Religion and Child Development.
Diane L. Redleaf is an attorney and advocate for policies and practices that protect all families, including especially
families of color and families living in poverty whose lives are impacted by the child welfare system. Since she
graduated from Stanford Law School in 1979, she has led dozens of successful class action suits and major policy
reform, first as a legal services attorney and supervisor and as a partner in a public interest law firm, Lehrer and
Redleaf. In 2005 she founded the Chicago non-profit Family Defense Center where she served as Executive Director and
Legal Director of the Family Defense Center until 2017. Now the principal of Family Defense Consulting, Redleaf serves
as an expert witness, policy leader, author, and legal consultant to Let Grow. Redleaf has taught at the University of
Chicago Law School and Loyola Law School. She has won the Chicago Bar Association Alliance for Women's Founder's
Award and the Distinguished Alumni Achievement Award from her alma mater, Carleton College. She is the author of
They Took the Kids Last Night: How the Child Protection System Puts Families at Risk (ABC-Clio 2018), and numerous
articles, including in The Atlantic, The Washington Post, and Reason.com.