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Checking Materials Out to Children Without Parent's Permission

Submission Date
Question

Our library is trying to set some parameters around what we require from a patron in order to check out library materials to them. For adults and teens, this is straightforward: we require they have their library card or a form of identification. We are struggling to find a procedure that works for children when they visit the library without a library card, accompanied by someone who is not their parent or legal guardian. This includes kids who visit the library on field trips or with their daycare, or who come with a friend or extended family member.

We want to have a procedure that balances the rights of minors to read freely, with protection for our library against claims that we have checked out materials to children that the parent/guardian believes to be inappropriate.

Some details about our library's policies:
1. We are a public library and do not restrict borrowing privileges by age group. A card holder is permitted to check out anything in the library, regardless of their age.
2. When a child (birth - age 11) gets a library card, their parent or legal guardian must fill out and sign an application that states: “My child has permission to have a library card. I understand that all library collections, including adult material and internet access, are available to children. I accept responsibility for my child's use of the library and any loss incurred.” This application is retained until the cardholder becomes an adult.[1]

We are not primarily concerned with the financial contract between the library and the parent/guardian, but with the potential fallout if a parent were to become angry that their child was permitted to check something out without their library card. If the card is present — say Dad gave it to Grandma when she offered to bring the kids to the library — we feel somewhat assured by having the parent's signature from the original card application. When the card is NOT present, though, we worry that we're opening ourselves up to problems.

We do have a compassionate/creative internal library card that we occasionally use to check out items to folks when our library's policies (e.g. Requiring a card/ID be present) are interfering with the library's ability to fulfill its mission (e.g. Teen has a book report that's due tomorrow and they didn't bring their wallet). We're concerned that if we used that mechanism to check something out to a younger child whose parent is not with them, we could be accused of using our Public Library Agenda to thwart parents' rights. 

Are we overthinking this?

 

[1] Small quibble: Per a law that applies to all public libraries (but not to association libraries) the application should be retained for “3 years after card expires or is inactive.”  So, for children who then get an “adult” card at 18, it should be retained until they are 21.  See this requirement in item 595 of the LGS-1 at https://www.archives.nysed.gov/sites/archives/files/lgs-1-2022.pdf.