_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING REASONABLE CHILDHOOD INDEPENDENCE LAWS."

WHEREAS, we can mitigate the rise in childhood obesity and its lifelong negative impacts by encouraging a healthy, active lifestyle through outdoor play; and

WHEREAS, it is in the best interest of children to give them independence proportional to their intellectual, emotional, and physical maturity; and

WHEREAS, a child's parent or guardian is best poised to determine that child's intellectual, emotional, and physical maturity; and

WHEREAS, the Legislature wishes to protect and promote the right of parents to raise their own children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Reasonable childhood independence. A parent or guardian of a child does not violate a duty of care, protection, or support by permitting the child to engage in independent activities consistent with the child's intellectual, emotional, and physical maturity, including:

(1)        traveling to and from school by walking, running, bicycling, public transit, or other means;

(2)        traveling to and from nearby commercial or recreational facilities;

(3)        engaging in outdoor play;

(4)        remaining for less than 15 minutes in a vehicle if the temperature inside the vehicle is not or will not become dangerously hot or cold;

(5)        remaining at home if the parent or guardian:

(a)        returns home the same day on which the parent or guardian gives the child permission to remain at home;

(b)        makes provisions for the child to contact the parent or guardian; and

(c)        makes provisions for any reasonably foreseeable emergency.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 5, part 6, and the provisions of Title 45, chapter 5, part 6, apply to [section 1].