With schools closed for Election Day 2025, Mallerie Shirley’s 6-year-old son was riding his electric scooter to and from the local playground—about a third of a mile away—on the bike trail just outside their Atlanta house. On his way home, a woman in a car stopped him and, according to the boy, asked rapid-fire questions in an elevated voice: What’s your name? How old are you? Where do you live?

Shirley is a software engineer and mom of two—but she also holds a master’s in social work and was a caseworker for four years in Minnesota. She and her husband, Christopher, believe in childhood independence and had prepared their son for such an encounter. He did not tell the lady his name, age, or where he lived. He later told his parents he was afraid she would try to pull him into the car, so he sped home, but he believes she followed him.

Two days later, a caseworker from the Division of Family and Children Services (DFCS) showed up at their house. Shirley wasn’t home, but the caseworker told her husband that a report had been made that their son was seen on his scooter unsupervised. She informed him that she would be going to both their son’s and their 3-year-old daughter’s schools to interview and photograph the children.

Shirley’s husband asked if there was a problem with letting their son go to the playground by himself. The caseworker said he was too young to go alone until he was “about 13.” When asked if that was the law, she said, “They will consider that inadequate supervision,” adding that “he is extremely vulnerable at that age.…Anything could happen.” Shirley’s husband again asked the caseworker what the law said, and she replied that she would follow up with her supervisor, who eventually answered that DFCS policy is that a child cannot be left unattended for any amount of time until they are 9 years old. 

In 2025, Georgia passed Senate Bill 110 (with help from my nonprofit, Let Grow), which revised the definition of neglect as putting a child in “real, significant, and imminent risk of harm that would be so obvious…that a legal custodian acting reasonably would not have exposed the child to the imminent risk of harm.” It further specifies that “independent activity…shall include, but shall not be limited to, playing indoors or outdoors alone or with other children, walking to or from school, running errands, or traveling to local commercial or recreational facilities.”

The law received bipartisan support following the case of Brittany Patterson, who was handcuffed in front of her family after her 10-year-old walked to town without telling her.

 “Because of SB110 we felt confident that [DFCS] would not find us to be negligent,” Shirley wrote in Let Grow’s Facebook Group, Raising Independent Kids. “We knew, and made clear to the social worker, that we ensured our six-year-old had the maturity, physical abilities, AND mental abilities to be safe,” wrote Shirley.

A few hours later, the caseworker returned. (Shirley would later learn that the caseworker had asked her son if his parents loved him and if they had drugs in the house.) During this visit, Shirley and her husband cited the law and asked how they were neglecting their child. According to Shirley, the caseworker couldn’t give a single example, but she did produce extremely unlikely hypothetical events, including that the boy could have been kidnapped or broken his leg.

The caseworker was not applying the new law’s standards, says Let Grow’s legal consultant Diane Redleaf. “DFCS has not taken sufficient steps to inform its staff” of what the new law allows kids to do—including traveling alone to playgrounds. 

On December 16, the caseworker called to say she was trying to close out the case and asked if Shirley and her husband were “still doing that free-range parenting or whatever they call it?” Shirley responded that her son had become too afraid to go out anymore after being reported.

A few weeks later, a letter arrived from DFCS saying the department had “substantiated” the finding of neglect “based on the preponderance of evidence.” Shirley requested to see their file and asked how to appeal the decision. She was told by the caseworker’s supervisor that much of the case file would be blacked out. When Shirley asked for the specific policy that says children under 9 cannot be unsupervised for any amount of time, the supervisor said, “That’s something you can Google.”

Young kids have been riding around their neighborhoods for eons. That this has become less common is not due to a sudden reversal in evolution or a giant spike in crime. Kids are the same as ever, and today’s murder rate is on track to be the lowest in 65 years. What has changed is the ability to see 6-year-olds as reasonably competent young humans.

The 1981 book, Your Six-Year-Old: Loving and Defiant, provided a checklist of milestones for neurotypical kids, including traveling “alone in the neighborhood (four to eight blocks) to store, school, playground, or to a friend’s home”.

David DeLugas, founder and executive director of ParentsUSA, a nonprofit that provides pro bono legal help to parents in situations like this, has taken on Shirley’s case. He has filed a request for an administrative review to contest the ruling, and ParentsUSA has created a donation page to help cover legal expenses for this and similar cases.

In the meantime, Shirley and her husband are living under a DFCS “Safety Plan,” which they were told they had to sign or DFCS would escalate its response and label them as noncompliant parents. The plan states that they must ensure both children are supervised at all times.

DFCS has an important job to do: Save children who are truly being neglected and abused. When she was a caseworker, Shirley said she saw “unthinkable things.”

A kid riding his scooter to the park was not one of them.