Recently Asked Questions

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?

For public libraries that must comply with Freedom of Information Law (FOIL), how does FOIL impact our organization's use of social media? What sort of social media records can be FOIL-ed and what are some best practices for using social media in regards to FOIL?

There are reports of first amendment audits happening in rural towns and villages. Public libraries are limited public forums - how can we stop the filming, as quietly as possible without causing a social media frenzy.

My question is: do public libraries have any legal obligation to collect emergency contact information for children (age 17 and under) attending library programs without a parent or caregiver present/on the premises? Our library is located on the campus of a school district, and we have access to the school district's library automation system, in addition to our own, so we could easily and quickly locate contact information for the parents/caregivers of children who attend our programs in the event of a medical or other type of emergency situation. We already have an unattended minor policy as well. Our Library Board wants to make sure that we are in compliance with both Federal and New York State law on this issue. Thank you.