Library cards for minors

Submission Date:

Thursday, December 19, 2024

Question:

I’m assuming the age requirement for youth cards varies widely even among NYS libraries, but what are the key determining legal factors which inform how libraries settle on an age range for this policy? I can think of three factors, and libraries likely conflate all of them together. I’d like to extrapolate the real legal concerns so that I can more clearly determine our own library’s circulation policies regarding permission for youth cards.

1. Is the signature to allow for “parent permission” to access the library? Are public libraries legally obligated to obtain parent permission before a child of a certain age accesses library materials or services? I’m assuming that the library would not be liable if, for example, staff allowed an 11-year-old without a library card to read any book they liked within the walls of the library. Does this apply to a child of any age? (I realize unaccompanied minors will eventually come into play). So, by extension, is granting an 11-year-old a library card without parent consent legally permissible?

2. Is the signature an acknowledgement of responsibility for the library materials on behalf of the child? Many library card applications prompt for this specifically, but according to NYS law, is a parent/guardian responsible for library materials checked out to a minor in their care regardless? (If a 15-year-old minor lost library materials or incurred fines or fees, would their parents still be legally responsible even without giving permission for the card?)

3. COPPA and the collection of PII (for online library card signup). Though not required as a non-profit, our library chooses to comply with this policy, requiring parent/guardian consent of online card signup for children 12 and under. Does this mean that a child aged 11 could still, within legal boundaries, apply for a library card in person without collecting consent?

Answer:

When advising on a policy or set of terms for a library or library system to adopt for children’s library cards, I ask for the following information:

• What are the key objectives of offering a child their own card at your library or library system?
• Does your library need to enforce fines and/or replacement fees?
• Is there anything accessible via an “adult” card that your library would not offer access to via a “youth” card?
• How does your library like to work with parents and guardians?
• Does the card enable more than borrowing materials from the library? (Is it used for computer access, printing, maker space, etc.?)

I ask these questions because in New York State, children can’t enter enforceable contracts, which makes it hard to collect fines and fees. In addition, a lot of the tomfoolery that can lead to a kid losing library privileges can be more easily addressed if the library is in a position to contact that kid’s parent or guardian, but since library records are confidential, the only way to share the information is with informed consent.

“Informed consent” means that when a person signs up for a card, they are informed of the terms (like their parent being a co-signer who is responsible for their replacement fees), and they expressly consent to them.[1]

With that all out there, let’s tackle the member’s questions, starting with the practice of requiring parents/guardians to sign their child’s agreement for a library card.

QUESTION: Is the signature to allow for “parent permission” to access the library?

ANSWER: No, unless the library’s policy[2] sets things up this way. There is no default federal or state law that expressly denies minors access to a NYSED-registered public library.

QUESTION: Are public libraries legally obligated to obtain parent permission before a child of a certain age accesses library materials or services?

ANSWER: There is no default federal or state law that expressly denies public library access to minors.

CAVEAT: Local laws are often oddly specific (and outdated, and unconstitutional) on things like this, so it is possible a local law could require parental consent to get a library card. Whether such a local law would stand up to a legal test is another matter.[3]

QUESTION: I’m assuming that the library would not be liable if, for example, staff allowed an 11-year-old without a library card to read any book they liked within the walls of the library?

ANSWER: “Liability” is a broad word; it covers both criminal and civil (including financial) liability. But if a library is providing an eleven-year-old with access to library materials that were acquired, cataloged, and accessed per library policy, your assumption is correct: there should be no liability.

QUESTION: Does this apply to a child of any age? (I realize unaccompanied minors will eventually come into play).

ANSWER: Yes, regardless of age, there should be no liability for providing access as allowed by the Education Law and library policy.

That said, the younger the child, the more the law will expect that library policy is being used to not create an active hazard. But as the question alludes to, there is a difference between toddlers running amok in the Rare Books room creating physical havoc and a child of any age accessing a print or online copy of American Lion (a Pulitzer Prize-winning book that discusses genocide, slavery, and violence, because it is about the presidency of Andrew Jackson)[4]. One is a physical hazard and a property risk; the other is a simple exercise of the right to read.

QUESTION: So, by extension, is granting an 11-year-old a library card without parent consent legally permissible?

ANSWER: I wouldn’t say “by extension” because that implies an argument needs to be made to provide library privileges to minors. There is NO requirement for parent/guardian consent for a library card unless the library has included it in their own policy (or an oddball local law requires it, which should probably be challenged).

QUESTION: Is the signature [of a parent] an acknowledgement of responsibility for the library materials on behalf of the child?

ANSWER: In and of itself, the signature is simply proof that the adult signing the card agreement accepts whatever terms are in the agreement. So, as reviewed above, if the library or library system issuing the card has made an adult’s acknowledgement of their responsibility a conditions of their child getting a card, then yes.

Along with that accountability, the signature of the parent, along with the informed consent of the child, can be used to put in place things like:

• Sharing a child’s library records with a parent (being able to answer the question “What books does my kid have out? I have to help him return them.”)
• Sharing a child’s fine/replacement fee information with a guardian (being able to answer the question “My granddaughter shoveled the walk yesterday so I would pay for the book she lost. How much is it?”)
• Disclosing and discussing loss of privileges/access (being able to say “As you know, your child doesn’t have computer privileges right now, because he put gum in the all the ports. We look forward to him being back at the keyboard in six months.”)

Many library card applications prompt for this specifically, but according to NYS law, is a parent/guardian responsible for library materials checked out to a minor in their care regardless?

ANSWER: No, except for in cases of extreme intentional damage, where General Obligations Law 3-112 might create that civil (not criminal) liability.[5]

That said, there could be a rogue local law out there. New York is a big place with many odd local laws on the books.

QUESTION: If a 15-year-old minor lost library materials or incurred fines or fees, would their parents still be legally responsible even without giving permission for the card?

ANSWER: No (and not even if they gave permission for the card, unless they also took accountability for fees); the sole exception to that is if the money was due to damage so extreme that a claim could be made under General Obligations Law 3-112.

QUESTION: COPPA and the collection of PII (for online library card signup). Though not required as a non-profit, our library chooses to comply with this policy, requiring parent/guardian consent of online card signup for children 12 and under. Does this mean that a child aged 11 could still, within legal boundaries, apply for a library card in person without collecting consent?

GRATUITOUS COMMENT: In general, public libraries should avoid complying with laws that they don’t have to comply with. COPPA was adopted to protect minors from predatory online commercial behavior; libraries have a completely different (and more rigorous) set of ethics and laws to guard against that concern. That said, it is essential for a library to require and confirm that any commercial vendor or affiliate being used to provide library services is following COPPA.

AND WITH THAT OUT OF THE WAY, HERE IS THE ANSWER: In New York, there is no law barring any person of any age from getting a library card. This means:

1. anyone from 0 to “whatever” can get a library card; and
2. no one can tell them “no” (except on a neutral and rational policy basis, like, “We only give cards to people who live in or work in Buffalo,” or, “We require card holders to be able to be held accountable for fines and fees.”).

That being said, libraries that want to impose conditions on youth and require the agreement of a parent/guardian can do so; the trick is to make sure the reason for the adult’s signature, the conditions it imposes on them, and the rights of the youth involved all line up.

Here are just a few examples of how that can be done:

• Issuing a “Simple Borrowing Card” that enables borrowing at any age, but due to lack of informed consent and no parent/guardian signature of minors, and perhaps lack of additional information (like address), can’t enable certain things (record sharing, fees, fines). For that reason, borrowing privileges might be limited by number of items, to e-resources, or temporary access.
• Issuing a “Full Privileges Card” that enables full range of privileges for adults or youth, but for those under 18 (and thus harder to hold to account), only given with the cardholder’s informed consent and parent/guardian’s acceptance of fiscal responsibility. Could be set up so the accountability accepted by the co-signing adult disappears at 18.
• Issuing a “Supported Borrowing Card” that enables full library privileges but, with informed consent of the cardholder, one or more supportive adults agree to help out with managing returns and other responsibilities that require access to confidential library records. This option could be helpful for cardholders who are bad at returning items,[6] adults who may need extra help for any reason, and youth at libraries that don’t need to have an adult on the hook for fines/fees.

Closing thoughts

This topic elicits much passion and strong feelings from many perspectives.

Many parents, of course, want to be engaged in their child’s selection of media, and being a required part of the library card process is one way for them to play that role. Some libraries might choose to encourage this engagement through policy, while other libraries might simply facilitate it as a by-product of requiring a responsible adult on the card to address concerns related to behavior and borrowing.

At the other end of things, children have a right to read and see the world that by nature is beyond the scope of what many parents/guardians envision, while libraries have an obligation to not discriminate on the basis of age when it comes to library access.[7] So while conditions that enable parental engagement can be imposed and parental engagement can be encouraged, such conditions should never do so in a way that unduly burdens library access.[8]

It is a balancing act, but by having clear reasons for requiring parent/guardian signatures and asking for no more than what is required for those reasons is key.

Thank you for a powerful array of questions.

Tag:

Public Libraries, Children in the Library, Privacy, Policy, Library Card Policy, Patron Confidentiality