Saturday, April 18, 2015

From CityLab: The Murky Law on Free-Range Kids

This hits some of the themes the story about vaccinations discussed previously this semester hit. How much latitude are we willing to give parents in how they raise their kids, especially if the general public believes the choices parents are making put their kids at risk. Being an area where states have the ability to make this decision, the rules vary across the nation.

- Click here for the story.

On April 12, it happened again: Rafi and Dvora Meitiv, the “free-range kids” of Silver Spring, Maryland, were picked up and detained by police. The siblings, aged 10 and six, were playing unsupervised in their neighborhood when a man walking his dog spotted them and called the authorities.
Back in December, Rafi and Dvora made national headlines when police picked them up as they walked home from a local park. The children’s parents, Danielle and Alexander Meitiv, subscribe to the philosophy of “free-range” parenting, which holds that children develop self-reliance by exploring their neighborhoods or riding public transportation on their own, if their parents judge them ready. (Disclosure: the Meitiv children attend the same school as my son, though I don’t know them or their parents.)
After the first incident, Montgomery County Child Protective Services investigated and found the senior Meitivs responsible for “unsubstantiated neglect.” Now an attorney for the couple says they will file a lawsuit over their family’s treatment. In fact, the law is not clear on free-range parenting in the state of Maryland, or anywhere else in the country: states and cities generally do not specify the youngest age at which a child can play or walk outside alone.
A few states have laws stipulating the minimum age when a child can be lefthome alone. In Illinois it is 14, in Maryland, eight, and in Oregon, 10. Maryland’s law further stipulates that a young child left in the care of a person under 13 is “unattended.” Many more states offer home-alone guidelines, which vary as widely as the laws do (age six in Kansas, age 12 in Mississippi).
In North Carolina, the state fire code prohibits leaving children younger than eight home alone. Rarely, a city will have its own ordinance establishing the home-alone age, as Albuquerque does (the age there is 10). In most cases, whether such home-alone rules extend to outdoor spaces is something lawyers could argue either way.