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ID, Please!
Cristina Hernández Trotter, MLIS
Abbie Gettys, MLIS
Age and
Access in
Georgia’s
Public
Libraries
ID, PLEASE!
ALA PoliciesALA Statements
“Library policies and procedures that effectively
deny minors equal and equitable access to all
library resources available to other users violate
the Library Bill of Rights. The American Library
Association opposes all attempts to restrict access
to library services, materials, and facilities based
on the age of library users.” - Free Access to Libraries for Minors
“A person’s right to use a library should not be
denied or abridged because of origin, age,
background, or views.” - Library Bill of Rights
ALA Policies
“The ‘right to use a library’ includes free access to,
and unrestricted use of, all the services, materials,
and facilities the library has to offer. Every restriction
on access to, and use of, library resources, based
solely on the chronological age, educational level,
literacy skills, or legal emancipation of users violates
Article V.” - Free Access to Libraries for Minors
“Policies that set minimum age limits for access to any
nonprint materials or information technology, with or
without parental permission, abridge library use for
minors.” - Access for Children and Young Adults to Nonprint Materials
ALA Statements
Latchkey Kids
History of Unattended Children &
the Library
• ALSC, PLA and ALA jointly published
Latchkey Children in the Public Library:
A Position Paper.
1988
• Survey by Francis Dowd found that
fewer than 1/3 of public libraries had
written policies regarding unattended
children.
1991
• 1988 publication was updated, under
a new title, changing "latchkey" to
"unattended."
2000
(ALA, 2000)
Latchkey KidsOpposing Views
Unattended children
in the library:
An obstacle
to effective
library service
An
opportunity to
serve children
(Tinnish, 1995)
Why Unattended Children in the Library can be an Issue:
Why Unattended Children in the Library can
be an Issue:
Complaints from patrons about noise and disruption
Damaged equipment/vandalism
Limited seating available for other patrons
The need to handle discipline problems at the expense
of service to other patrons
(Arrighetti, 2001)
Why Unattended Children in the
Library can be an Issue:
Why Unattended Children in the Library can be an Issue:
Why Unattended Children in the Library can
be an Issue:
Newspaper articles focusing on the problems caused by
children in the library portray a negative image of the
library to its community
The issue of legal liability
The safety of unattended children
(Arrighetti, 2001)
Is the Library a Safe Place?Is the Library a Safe Place?
The library is considered a safe place by parents and considered a
major reason to use the library by 71%.
(Pew Research Center, 2013)
Libraries provide various reasons they
are not safe:
Is the Library a Safe Place?Is the Library a Safe Place?
Libraries provide various reasons why they are not safe:
• The library is a public place that anyone may enter
• Libraries are not qualified to provide child or emergency care
• Library staff cannot assume responsibility for minors
Unsupervised children:
• May encounter hazardous equipment or structures
• Could get lost or wander outside into traffic
• May be approached or abducted by strangers
Is the Library a Safe Place? QuoteIs the Library a Safe Place?Is the Library a Safe Place?
(Barber, 2003)
“Libraries cannot guarantee safety to anyone and
cannot deny access to anyone. A library’s
relationship to children therefore has twin aspects,
offering special resources and programs for
children, while simultaneously serving as a public
facility fraught with all the perils of any public
place.” - NJLA Task Force on Unattended Children
School vs. Public LibrariesSchools vs. Public Libraries
Schools:
• Limited access with strict
sign-in procedures for visitors
• School library staff may act
in loco parentis--or in place
of a parent/guardian.
Public Libraries:
• Open access with few
restrictions for visitors
• Public library staff cannot
act in the place of a child’s
parent/guardian.
(New Jersey Library Association, 2003)
“The library may be the
safest place for that
particular child at that time
of day.” – Unattended Children, No Easy Answers
Does the library really want to start
asking children questions like these?
In 2013, a Public Libraries Online opinion piece
asked:
At what point do we begin to sound like we
are asking for “papers”? The question
we face is how
to provide
safety without
prying into a
child’s privacy.
Current National Context Regarding
Parents’ Decisions & Childhood
Independence
National Context Regarding Parents’ Decisions &
Childhood Independence
What's Behind the Arrests of Mothers for
Leaving Their Children Unattended?
While less children are being left alone, more attention is on
parents who leave them unattended.
(Sneed, 2014)
According to a 2011 Census report, the following age groups
are often left in self-care:
• 2% of children 5 to 8 years old
• 8% of 9 to 11-year-olds
• 27% of 12 to 14-year olds
Parents in Trouble Again for Letting Kids
Walk Alone
Children’s Protective Services take children into custody
after parents allow them to walk around the neighborhood
alone.
Current National Context Regarding Parents’
Decisions & Childhood Independence
National Context Regarding Parents’ Decisions &
Childhood Independence
(McCarren, 2015)
Current National Context Regarding Parents’
Decisions & Childhood Independence
National Context Regarding Parents’ Decisions &
Childhood Independence
Working Mom Arrested for Letting Her
9-Year-Old Play Alone at Park
A SC woman thought it was better than forcing her kid to sit
at McDonald's all day. Now the state has taken custody.
(Friedersdorf, 2014)
Current National Context Regarding Parents’
Decisions & Childhood Independence
National Context Regarding Parents’ Decisions &
Childhood Independence
UPDATE!! Kids Under 12
Can’t be Alone in Library
Due to “Dangers” of Stairs,
People & Furniture
Just how dangerous is the library
when it comes to kids? Apparently
too dangerous to have any of them
under the age of 12 anywhere on
the premises unsupervised — even if
their parents are just a room away.
(Skenazy, 2012)
Laws & Guidelines for Unattended
Children
Laws & Guidelines
for Unattended Children
Five U.S. states have laws that specify the age at
which a child can be left unsupervised.
Illinois (14), Maryland (8), New Mexico (10), North Carolina (8), Oregon (10)
Nine states, including GA, provide guidelines, but do
not have laws regarding child supervision.
The remaining 36 U.S. states have no known laws or
guidelines concerning unattended children.
Colorado (12), Delaware (12), Georgia (8), Kansas (6), Michigan (11),
Mississippi (12), North Dakota (9), Tennessee (10), Washington (10)
(Database Systems Corp., 2015)
Laws & Guidelines for Unattended
Children - GA
Laws & Guidelines
for Unattended Children
Georgia has no state laws regarding
the supervision of children.
Georgia DFCS Guidelines:
• Children 8 years or younger should not be left alone.
• Children between the ages of 9 and 12 (based on
maturity level) may be left alone for less than 2 hours.
• Children 13 years and older (based on maturity level) may
be left alone and may perform the role of a babysitter,
as authorized by a parent, for up to 12 hours.
(Georgia Department of Human Services)
Laws & Guidelines for Unattended
Children - GA
Laws & Guidelines
for Unattended Children
“Consideration may be given to a child younger than 13 years,
who exhibits strong maturity skills and has participated in a
course on babysitting, to be alone or to care for other children.”
Further Considerations
“There are sometimes circumstances where
an unsupervised older child is at risk,
or where a younger child has the maturity
level to be left alone or to care for other children”
“It may not be advisable to leave an older child who has a
special condition or disability alone.”
(Georgia Department of Human Services)
Laws & Guidelines for Unattended
Children
Laws & Guidelines for Unattended
Children - GA
Laws & Guidelines
for Unattended Children
Chronological age is an insufficient determining factor.
(Barber, 2003)
Multiple factors should be considered before deciding to
leave a child unsupervised.
Maturity HealthCompetence
Is the Library a Safe Place? QuoteIs the Library a Safe Place?
Other Factors That Could Affect
Library Policies:
• Urban? Rural?
• Homes within walking distance?
• School within walking distance?
Where is the
library
located?
• Separate children’s area?
• Location of exits?
• How many nooks & crannies?
What is the
library building
like?
Community
expectations &
partnerships?
Graph – Percentage of GA Public
Library Systems that Specify Age of
Access without a Caregiver
Yes
90%
No
10%
Percentage of GA Public Library Systems that
Specify Age Limits for Unattended Children
Age Limits for Unattended Children
Graph – Age of Access without a
Caregiver
4
4
5
9
12
7
9
5
1
1
5
7
8
9
10
11
12
13
14
15
0 2 4 6 8 10 12
Age
Number of GA Public Library Systems
Age of Access without a Caregiver
Graph – Minimum Age of Caregiver
Minimum Age of Caregiver
1
1
6
1
1
14
20
16
11
12
13
14
15
16
18
Age not
specified
0 3 6 9 12 15 18
Age
Number of GA Public Library Systems
Unattended Children After HoursUnattended Children
After Hours
(Minor, 2013)
What is the library’s responsibility
regarding unattended minors left at
the library after closing?
In Georgia, there is no law that holds public
library staff responsible for unattended
children left on library property after the
library is closed.
However, libraries are strongly encouraged to have
policies on how to address the situation of
unattended minors at closing.
Graph – Age Limits for Unattended
Children after Hours
1
2
3
2
2
2
2
14
17
14
4
7
10
12
13
14
15
17
18
Age not specified
Not Addressed in Policy
No policy
0 3 6 9 12 15 18
Age
Number of GA Public Library Systems
Age Limits for Children After Hours Not
Requiring Staff Intervention
Internet Access and AgeInternet Access & Age
There is no federal or Georgia state law that
requires parental permission for Internet
access in public libraries.
CIPAChildren’s Internet Protection Act
CIPA imposes certain requirements on
schools and libraries that receive discounts
through the federally funded E-rate
program.
• Schools and libraries must have Internet Safety
Policies that include the use of filtering software.
• The filtering software must attempt to block access
to images that are (a) obscene, (b) child
pornography, or (c) harmful to minors.
(Federal Communications Commission, 2014)
CIPA: Internet Safety Policies must
address the following
CIPAChildren’s Internet Protection Act
(Federal Communications Commission, 2014)
Subject to CIPA, the Internet Safety Policies of
schools and libraries must address the following:
• The safety and security of minors when using email, chat
rooms and other forms of direct electronic
communications
• Unauthorized access, including “hacking” and other
unlawful activities by minors online
• Unauthorized disclosure, use, and dissemination of
personal information regarding minors
• Measures restricting minors’ access to materials harmful
to them.
CIPA: Definition of minorCIPAChildren’s Internet Protection Act
CIPA defines a “minor” as “any individual who has
not attained the age of 17 years.”
Under CIPA, schools and libraries may disable filtering
software at the request of an adult “to enable access
for bona fide research or other lawful purpose.”
(Children’s Internet Protection Act certifications, 2011)
Adults, therefore, include anyone who is 17 years-
old and older.
CIPA: School vs. Public LibrariesSchool vs. Public Libraries
Schools:
• Must have an Internet
Safety Policy
• Must utilize filtering software
• Internet Safety Policy must
include monitoring the
online activities of minors
• Must educate students
about appropriate online
behavior
Public Libraries:
• Must have an Internet
Safety Policy
• Must utilize filtering software
Schools vs. Public Libraries
(Federal Communications Commission, 2014)
What about libraries that do not
receive E-rate funding?
CIPA
What about libraries that do not receive E-
rate funding?
(Internet Safety Policies in Public Libraries, 2006)
Public libraries that do not participate in the
E-rate program do not have to abide by
the requirements of CIPA.
However, in Georgia, these public libraries
are still required to adhere to the statute:
Internet Safety Policies in Public Libraries
O.C.G.A. § 20-5-5 Internet Safety
Policies in Public Libraries
Internet Access and AgeO.C.G.A. § 20-5-5
Internet Safety Policies
in Public Libraries
Public library systems must have an
acceptable-use policy that is designed to:
1. Prevent library patrons and employees from
using any computer equipment and
communication services owned or leased by the
library for sending, receiving, viewing, or
downloading visual depictions of obscenity, child
pornography, or material that is harmful to minors
2. Establish appropriate measures to be taken
against patrons and employees who willfully
violate the acceptable-use policy
(Internet Safety Policies in Public Libraries, 2006)
O.C.G.A. § 20-5-5 Internet Safety
Policies in Public Libraries
Internet Access and AgeO.C.G.A. § 20-5-5
Internet Safety Policies
in Public Libraries
The public library must take steps to
implement and enforce its acceptable-use
policy, which shall include, but not be limited to:
1. Use software programs designed to block
access to visual depictions of obscenity, child
pornography, and material that is harmful to
minors
2. Use online servers that block access to visual
depictions of obscenity, child pornography,
and material that is harmful to minors.
(Internet Safety Policies in Public Libraries, 2006)
COPPACIPA
Children’s Online Privacy Protection Act
(Federal Trade Commission, 2015; Watters, 2011)
• COPPA was enacted to allow parents control over
what information is collected from their young
children online.
• It applies only to operators of commercial websites
and online services that collect, use, or disclose
personal information from children.
COPPA does not prevent a website
from allowing users under 13 to join.
It simply requires verified parental consent.
COPPACIPA
Children’s Online Privacy Protection Act
(Federal Trade Commission, 2015; Watters, 2011)
“Congress determined to apply the statute’s
protections only to children under 13, recognizing
that younger children are particularly vulnerable to
overreaching by marketers and may not
understand the safety and privacy issues created
by the online collection of personal information.”
Graph – Age Limits for Internet Access
No
21%
Yes
79%
Percentage of GA Public Library Systems that
Require Parental Consent for Internet Access
Permission for Internet Access
Graph – Age Limits for Internet Access
1
4
1
4
2
1
37
12
13
14
16
17
17.5
18
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40
Age
Number of GA Public Library Systems
Age of Consent for Internet Access
6%
73%
21%
Percentage of GA Public Library Systems that Require
Parental Supervision for Internet Access
Not required by policy
Supervision assumed based on unattended policy
Yes, specifically stated in Internet policy
Supervision for Internet Access
Graph – Age at which Supervision is No
Longer Required for Internet Use
Age at which Supervision is No Longer
Required for Internet Use
2
1
5
5
8
8
7
10
6
1
2
2
2
4
5
6
7
8
9
10
11
12
13
14
15
16
Age Not Specified
Not Required
0 2 4 6 8 10
Age
Number of GA Public Libraries
References
American Library Association (1996). Library Bill of Rights. Retrieved from
http://www.ala.org/advocacy/intfreedom/librarybill
American Library Association (2004). Free access to libraries for minors: An
interpretation of the Library Bill of Rights. Retrieved from
http://www.ala.org/Template.cfm?Section=interpretations&Template=/Cont
entManagement/ContentDisplay.cfm&ContentID=8639%29
American Library Association (2004). Access for children and young adults to
nonprint materials: An interpretation of the Library Bill of Rights.
http://www.ala.org/Template.cfm?Section=interpretations&Template=/Cont
entManagement/ContentDisplay.cfm&ContentID=31870
American Library Association (1999). Libraries: An American value. Retrieved from
http://www.ala.org/advocacy/intfreedom/statementspols/librariesamerican
American Library Association (2000). Unattended children in the public library: A
resource guide.
ReferencesReferences
Arrighetti, J. (2001). The challenge of unattended children in the public library.
Reference Services Review 29(1), 65-71.
Barber, G. (2003). NJLA task force on unattended children, legal analysis for policy
development. Retrieved from
http://njla.org/sites/default/files/children_background.pdf
Database Systems Corp. (2015). Legal age restrictions for latchkey kids. Retrieved
from http://www.latchkey-kids.com/latchkey-kids-age-limits.htm
Federal Communications Commission (2014). Children’s Internet Protection Act.
Retrieved from https://www.fcc.gov/guides/childrens-internet-protection-act
Federal Trade Commission (2015). Complying with COPPA: Frequently asked
questions. Retrieved from https://www.ftc.gov/tips-advice/business-
center/guidance/complying-coppa-frequently-asked-questions
ReferencesReferencesReferences
Friedersdorf, C. (2014). Working mom arrested for letting her 9-year-old play alone
at park. The Atlantic. Retrieved from
http://www.theatlantic.com/national/archive/2014/07/arrested-for-letting-a-
9-year-old-play-at-the-park-alone/374436/
Georgia Department of Human Services (n.d.). Lack of supervision guidelines.
Retrieved from
http://www.cherokee.k12.ga.us/parentinfo/Bulletin%20Board/DFCS%20Guide
lines%20for%20Leaving%20Children%20Home%20Alone.pdf
Internet Safety Policies in Public Libraries, O.C.G.A. § 20-5-5 (2006). Retrieved from
LexisNexis.
McCarren, A. (2015). Parents in trouble again for letting kids walk alone. USA
Today. Retrieved from
http://www.usatoday.com/story/news/nation/2015/04/13/parents-
investigated-letting-children-walk-alone/25700823/
Minor, M. A. (2013). Legal issues in Georgia’s public libraries, 2d ed. GPLS
ReferencesReferencesReferences
New Jersey Library Association (2003). NJLA statement on school/public library joint
use standards. Retrieved from http://www.njla.org/content/njla-statement-
schoolpublic-library-joint-use-standards
Pew Research Center (2013). Parents, children, libraries and reading. Retrieved
from http://libraries.pewinternet.org/files/legacy-
pdf/PIP_Library_Services_Parents_PDF.pdf
Public Libraries Online (2013). Unattended children, no easy answers. Retrieved
from http://publiclibrariesonline.org/2013/03/unattended-children-no-easy-
answers/
Skenazy, L. (2012). Update!! Kids under 12 can’t be alone in library due to
“dangers” of stairs, people & furniture. Retrieved from
http://www.freerangekids.com/kids-under-12-cant-be-alone-in-library-due-to-
dangers-of-stairs-people-furniture/
ReferencesReferencesReferences
Sneed, T. (2014). What's behind the arrests of mothers for leaving their children
unattended?. US News & World Report. Retrieved from
http://www.usnews.com/news/articles/2014/07/31/whats-behind-the-arrests-
of-mothers-for-leaving-their-children-unattended
Spacey, R., Cooke, L., Creaser, C. & Muir, A. (2015). Regulating Internet access
and content in UK public libraries: Findings from the MAIPLE project. Journal of
Librarianship and Information Science, 47(1), 71-84.
Tinnish, D. (1995). Latchkey kids & the library. Emergency Librarian, 23(2), 17.
Questions? Comments?
Cristina Hernández Trotter
chtrotter@ocrl.org
Abbie Gettys
agettys@ocrl.org
This presentation is available at
slideshare.net/chtrotter

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Id, please!

  • 1. ID, Please! Cristina Hernández Trotter, MLIS Abbie Gettys, MLIS Age and Access in Georgia’s Public Libraries ID, PLEASE!
  • 2. ALA PoliciesALA Statements “Library policies and procedures that effectively deny minors equal and equitable access to all library resources available to other users violate the Library Bill of Rights. The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users.” - Free Access to Libraries for Minors “A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.” - Library Bill of Rights
  • 3. ALA Policies “The ‘right to use a library’ includes free access to, and unrestricted use of, all the services, materials, and facilities the library has to offer. Every restriction on access to, and use of, library resources, based solely on the chronological age, educational level, literacy skills, or legal emancipation of users violates Article V.” - Free Access to Libraries for Minors “Policies that set minimum age limits for access to any nonprint materials or information technology, with or without parental permission, abridge library use for minors.” - Access for Children and Young Adults to Nonprint Materials ALA Statements
  • 4. Latchkey Kids History of Unattended Children & the Library • ALSC, PLA and ALA jointly published Latchkey Children in the Public Library: A Position Paper. 1988 • Survey by Francis Dowd found that fewer than 1/3 of public libraries had written policies regarding unattended children. 1991 • 1988 publication was updated, under a new title, changing "latchkey" to "unattended." 2000 (ALA, 2000)
  • 5. Latchkey KidsOpposing Views Unattended children in the library: An obstacle to effective library service An opportunity to serve children (Tinnish, 1995)
  • 6. Why Unattended Children in the Library can be an Issue: Why Unattended Children in the Library can be an Issue: Complaints from patrons about noise and disruption Damaged equipment/vandalism Limited seating available for other patrons The need to handle discipline problems at the expense of service to other patrons (Arrighetti, 2001)
  • 7. Why Unattended Children in the Library can be an Issue: Why Unattended Children in the Library can be an Issue: Why Unattended Children in the Library can be an Issue: Newspaper articles focusing on the problems caused by children in the library portray a negative image of the library to its community The issue of legal liability The safety of unattended children (Arrighetti, 2001)
  • 8. Is the Library a Safe Place?Is the Library a Safe Place? The library is considered a safe place by parents and considered a major reason to use the library by 71%. (Pew Research Center, 2013)
  • 9. Libraries provide various reasons they are not safe: Is the Library a Safe Place?Is the Library a Safe Place? Libraries provide various reasons why they are not safe: • The library is a public place that anyone may enter • Libraries are not qualified to provide child or emergency care • Library staff cannot assume responsibility for minors Unsupervised children: • May encounter hazardous equipment or structures • Could get lost or wander outside into traffic • May be approached or abducted by strangers
  • 10. Is the Library a Safe Place? QuoteIs the Library a Safe Place?Is the Library a Safe Place? (Barber, 2003) “Libraries cannot guarantee safety to anyone and cannot deny access to anyone. A library’s relationship to children therefore has twin aspects, offering special resources and programs for children, while simultaneously serving as a public facility fraught with all the perils of any public place.” - NJLA Task Force on Unattended Children
  • 11. School vs. Public LibrariesSchools vs. Public Libraries Schools: • Limited access with strict sign-in procedures for visitors • School library staff may act in loco parentis--or in place of a parent/guardian. Public Libraries: • Open access with few restrictions for visitors • Public library staff cannot act in the place of a child’s parent/guardian. (New Jersey Library Association, 2003)
  • 12. “The library may be the safest place for that particular child at that time of day.” – Unattended Children, No Easy Answers Does the library really want to start asking children questions like these? In 2013, a Public Libraries Online opinion piece asked: At what point do we begin to sound like we are asking for “papers”? The question we face is how to provide safety without prying into a child’s privacy.
  • 13. Current National Context Regarding Parents’ Decisions & Childhood Independence National Context Regarding Parents’ Decisions & Childhood Independence What's Behind the Arrests of Mothers for Leaving Their Children Unattended? While less children are being left alone, more attention is on parents who leave them unattended. (Sneed, 2014) According to a 2011 Census report, the following age groups are often left in self-care: • 2% of children 5 to 8 years old • 8% of 9 to 11-year-olds • 27% of 12 to 14-year olds
  • 14. Parents in Trouble Again for Letting Kids Walk Alone Children’s Protective Services take children into custody after parents allow them to walk around the neighborhood alone. Current National Context Regarding Parents’ Decisions & Childhood Independence National Context Regarding Parents’ Decisions & Childhood Independence (McCarren, 2015)
  • 15. Current National Context Regarding Parents’ Decisions & Childhood Independence National Context Regarding Parents’ Decisions & Childhood Independence Working Mom Arrested for Letting Her 9-Year-Old Play Alone at Park A SC woman thought it was better than forcing her kid to sit at McDonald's all day. Now the state has taken custody. (Friedersdorf, 2014)
  • 16. Current National Context Regarding Parents’ Decisions & Childhood Independence National Context Regarding Parents’ Decisions & Childhood Independence UPDATE!! Kids Under 12 Can’t be Alone in Library Due to “Dangers” of Stairs, People & Furniture Just how dangerous is the library when it comes to kids? Apparently too dangerous to have any of them under the age of 12 anywhere on the premises unsupervised — even if their parents are just a room away. (Skenazy, 2012)
  • 17. Laws & Guidelines for Unattended Children Laws & Guidelines for Unattended Children Five U.S. states have laws that specify the age at which a child can be left unsupervised. Illinois (14), Maryland (8), New Mexico (10), North Carolina (8), Oregon (10) Nine states, including GA, provide guidelines, but do not have laws regarding child supervision. The remaining 36 U.S. states have no known laws or guidelines concerning unattended children. Colorado (12), Delaware (12), Georgia (8), Kansas (6), Michigan (11), Mississippi (12), North Dakota (9), Tennessee (10), Washington (10) (Database Systems Corp., 2015)
  • 18. Laws & Guidelines for Unattended Children - GA Laws & Guidelines for Unattended Children Georgia has no state laws regarding the supervision of children. Georgia DFCS Guidelines: • Children 8 years or younger should not be left alone. • Children between the ages of 9 and 12 (based on maturity level) may be left alone for less than 2 hours. • Children 13 years and older (based on maturity level) may be left alone and may perform the role of a babysitter, as authorized by a parent, for up to 12 hours. (Georgia Department of Human Services)
  • 19. Laws & Guidelines for Unattended Children - GA Laws & Guidelines for Unattended Children “Consideration may be given to a child younger than 13 years, who exhibits strong maturity skills and has participated in a course on babysitting, to be alone or to care for other children.” Further Considerations “There are sometimes circumstances where an unsupervised older child is at risk, or where a younger child has the maturity level to be left alone or to care for other children” “It may not be advisable to leave an older child who has a special condition or disability alone.” (Georgia Department of Human Services)
  • 20. Laws & Guidelines for Unattended Children Laws & Guidelines for Unattended Children - GA Laws & Guidelines for Unattended Children Chronological age is an insufficient determining factor. (Barber, 2003) Multiple factors should be considered before deciding to leave a child unsupervised. Maturity HealthCompetence
  • 21. Is the Library a Safe Place? QuoteIs the Library a Safe Place? Other Factors That Could Affect Library Policies: • Urban? Rural? • Homes within walking distance? • School within walking distance? Where is the library located? • Separate children’s area? • Location of exits? • How many nooks & crannies? What is the library building like? Community expectations & partnerships?
  • 22. Graph – Percentage of GA Public Library Systems that Specify Age of Access without a Caregiver Yes 90% No 10% Percentage of GA Public Library Systems that Specify Age Limits for Unattended Children Age Limits for Unattended Children
  • 23. Graph – Age of Access without a Caregiver 4 4 5 9 12 7 9 5 1 1 5 7 8 9 10 11 12 13 14 15 0 2 4 6 8 10 12 Age Number of GA Public Library Systems Age of Access without a Caregiver
  • 24. Graph – Minimum Age of Caregiver Minimum Age of Caregiver 1 1 6 1 1 14 20 16 11 12 13 14 15 16 18 Age not specified 0 3 6 9 12 15 18 Age Number of GA Public Library Systems
  • 25. Unattended Children After HoursUnattended Children After Hours (Minor, 2013) What is the library’s responsibility regarding unattended minors left at the library after closing? In Georgia, there is no law that holds public library staff responsible for unattended children left on library property after the library is closed. However, libraries are strongly encouraged to have policies on how to address the situation of unattended minors at closing.
  • 26. Graph – Age Limits for Unattended Children after Hours 1 2 3 2 2 2 2 14 17 14 4 7 10 12 13 14 15 17 18 Age not specified Not Addressed in Policy No policy 0 3 6 9 12 15 18 Age Number of GA Public Library Systems Age Limits for Children After Hours Not Requiring Staff Intervention
  • 27. Internet Access and AgeInternet Access & Age There is no federal or Georgia state law that requires parental permission for Internet access in public libraries.
  • 28. CIPAChildren’s Internet Protection Act CIPA imposes certain requirements on schools and libraries that receive discounts through the federally funded E-rate program. • Schools and libraries must have Internet Safety Policies that include the use of filtering software. • The filtering software must attempt to block access to images that are (a) obscene, (b) child pornography, or (c) harmful to minors. (Federal Communications Commission, 2014)
  • 29. CIPA: Internet Safety Policies must address the following CIPAChildren’s Internet Protection Act (Federal Communications Commission, 2014) Subject to CIPA, the Internet Safety Policies of schools and libraries must address the following: • The safety and security of minors when using email, chat rooms and other forms of direct electronic communications • Unauthorized access, including “hacking” and other unlawful activities by minors online • Unauthorized disclosure, use, and dissemination of personal information regarding minors • Measures restricting minors’ access to materials harmful to them.
  • 30. CIPA: Definition of minorCIPAChildren’s Internet Protection Act CIPA defines a “minor” as “any individual who has not attained the age of 17 years.” Under CIPA, schools and libraries may disable filtering software at the request of an adult “to enable access for bona fide research or other lawful purpose.” (Children’s Internet Protection Act certifications, 2011) Adults, therefore, include anyone who is 17 years- old and older.
  • 31. CIPA: School vs. Public LibrariesSchool vs. Public Libraries Schools: • Must have an Internet Safety Policy • Must utilize filtering software • Internet Safety Policy must include monitoring the online activities of minors • Must educate students about appropriate online behavior Public Libraries: • Must have an Internet Safety Policy • Must utilize filtering software Schools vs. Public Libraries (Federal Communications Commission, 2014)
  • 32. What about libraries that do not receive E-rate funding? CIPA What about libraries that do not receive E- rate funding? (Internet Safety Policies in Public Libraries, 2006) Public libraries that do not participate in the E-rate program do not have to abide by the requirements of CIPA. However, in Georgia, these public libraries are still required to adhere to the statute: Internet Safety Policies in Public Libraries
  • 33. O.C.G.A. § 20-5-5 Internet Safety Policies in Public Libraries Internet Access and AgeO.C.G.A. § 20-5-5 Internet Safety Policies in Public Libraries Public library systems must have an acceptable-use policy that is designed to: 1. Prevent library patrons and employees from using any computer equipment and communication services owned or leased by the library for sending, receiving, viewing, or downloading visual depictions of obscenity, child pornography, or material that is harmful to minors 2. Establish appropriate measures to be taken against patrons and employees who willfully violate the acceptable-use policy (Internet Safety Policies in Public Libraries, 2006)
  • 34. O.C.G.A. § 20-5-5 Internet Safety Policies in Public Libraries Internet Access and AgeO.C.G.A. § 20-5-5 Internet Safety Policies in Public Libraries The public library must take steps to implement and enforce its acceptable-use policy, which shall include, but not be limited to: 1. Use software programs designed to block access to visual depictions of obscenity, child pornography, and material that is harmful to minors 2. Use online servers that block access to visual depictions of obscenity, child pornography, and material that is harmful to minors. (Internet Safety Policies in Public Libraries, 2006)
  • 35. COPPACIPA Children’s Online Privacy Protection Act (Federal Trade Commission, 2015; Watters, 2011) • COPPA was enacted to allow parents control over what information is collected from their young children online. • It applies only to operators of commercial websites and online services that collect, use, or disclose personal information from children. COPPA does not prevent a website from allowing users under 13 to join. It simply requires verified parental consent.
  • 36. COPPACIPA Children’s Online Privacy Protection Act (Federal Trade Commission, 2015; Watters, 2011) “Congress determined to apply the statute’s protections only to children under 13, recognizing that younger children are particularly vulnerable to overreaching by marketers and may not understand the safety and privacy issues created by the online collection of personal information.”
  • 37. Graph – Age Limits for Internet Access No 21% Yes 79% Percentage of GA Public Library Systems that Require Parental Consent for Internet Access Permission for Internet Access
  • 38. Graph – Age Limits for Internet Access 1 4 1 4 2 1 37 12 13 14 16 17 17.5 18 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 Age Number of GA Public Library Systems Age of Consent for Internet Access
  • 39. 6% 73% 21% Percentage of GA Public Library Systems that Require Parental Supervision for Internet Access Not required by policy Supervision assumed based on unattended policy Yes, specifically stated in Internet policy Supervision for Internet Access
  • 40. Graph – Age at which Supervision is No Longer Required for Internet Use Age at which Supervision is No Longer Required for Internet Use 2 1 5 5 8 8 7 10 6 1 2 2 2 4 5 6 7 8 9 10 11 12 13 14 15 16 Age Not Specified Not Required 0 2 4 6 8 10 Age Number of GA Public Libraries
  • 41. References American Library Association (1996). Library Bill of Rights. Retrieved from http://www.ala.org/advocacy/intfreedom/librarybill American Library Association (2004). Free access to libraries for minors: An interpretation of the Library Bill of Rights. Retrieved from http://www.ala.org/Template.cfm?Section=interpretations&Template=/Cont entManagement/ContentDisplay.cfm&ContentID=8639%29 American Library Association (2004). Access for children and young adults to nonprint materials: An interpretation of the Library Bill of Rights. http://www.ala.org/Template.cfm?Section=interpretations&Template=/Cont entManagement/ContentDisplay.cfm&ContentID=31870 American Library Association (1999). Libraries: An American value. Retrieved from http://www.ala.org/advocacy/intfreedom/statementspols/librariesamerican American Library Association (2000). Unattended children in the public library: A resource guide.
  • 42. ReferencesReferences Arrighetti, J. (2001). The challenge of unattended children in the public library. Reference Services Review 29(1), 65-71. Barber, G. (2003). NJLA task force on unattended children, legal analysis for policy development. Retrieved from http://njla.org/sites/default/files/children_background.pdf Database Systems Corp. (2015). Legal age restrictions for latchkey kids. Retrieved from http://www.latchkey-kids.com/latchkey-kids-age-limits.htm Federal Communications Commission (2014). Children’s Internet Protection Act. Retrieved from https://www.fcc.gov/guides/childrens-internet-protection-act Federal Trade Commission (2015). Complying with COPPA: Frequently asked questions. Retrieved from https://www.ftc.gov/tips-advice/business- center/guidance/complying-coppa-frequently-asked-questions
  • 43. ReferencesReferencesReferences Friedersdorf, C. (2014). Working mom arrested for letting her 9-year-old play alone at park. The Atlantic. Retrieved from http://www.theatlantic.com/national/archive/2014/07/arrested-for-letting-a- 9-year-old-play-at-the-park-alone/374436/ Georgia Department of Human Services (n.d.). Lack of supervision guidelines. Retrieved from http://www.cherokee.k12.ga.us/parentinfo/Bulletin%20Board/DFCS%20Guide lines%20for%20Leaving%20Children%20Home%20Alone.pdf Internet Safety Policies in Public Libraries, O.C.G.A. § 20-5-5 (2006). Retrieved from LexisNexis. McCarren, A. (2015). Parents in trouble again for letting kids walk alone. USA Today. Retrieved from http://www.usatoday.com/story/news/nation/2015/04/13/parents- investigated-letting-children-walk-alone/25700823/ Minor, M. A. (2013). Legal issues in Georgia’s public libraries, 2d ed. GPLS
  • 44. ReferencesReferencesReferences New Jersey Library Association (2003). NJLA statement on school/public library joint use standards. Retrieved from http://www.njla.org/content/njla-statement- schoolpublic-library-joint-use-standards Pew Research Center (2013). Parents, children, libraries and reading. Retrieved from http://libraries.pewinternet.org/files/legacy- pdf/PIP_Library_Services_Parents_PDF.pdf Public Libraries Online (2013). Unattended children, no easy answers. Retrieved from http://publiclibrariesonline.org/2013/03/unattended-children-no-easy- answers/ Skenazy, L. (2012). Update!! Kids under 12 can’t be alone in library due to “dangers” of stairs, people & furniture. Retrieved from http://www.freerangekids.com/kids-under-12-cant-be-alone-in-library-due-to- dangers-of-stairs-people-furniture/
  • 45. ReferencesReferencesReferences Sneed, T. (2014). What's behind the arrests of mothers for leaving their children unattended?. US News & World Report. Retrieved from http://www.usnews.com/news/articles/2014/07/31/whats-behind-the-arrests- of-mothers-for-leaving-their-children-unattended Spacey, R., Cooke, L., Creaser, C. & Muir, A. (2015). Regulating Internet access and content in UK public libraries: Findings from the MAIPLE project. Journal of Librarianship and Information Science, 47(1), 71-84. Tinnish, D. (1995). Latchkey kids & the library. Emergency Librarian, 23(2), 17.
  • 46. Questions? Comments? Cristina Hernández Trotter chtrotter@ocrl.org Abbie Gettys agettys@ocrl.org This presentation is available at slideshare.net/chtrotter

Editor's Notes

  1. Our question today: What kind of policies are in place today in Georgia’s public libraries that are effectively age-based restrictions to access. In particular, we are focusing on unattended access to facilities & Internet access Not covering the circulation of materials outside the library.
  2. “We affirm the responsibility and the right of all parents and guardians to guide their own children’s use of the library and its resources and services.” - Libraries: An American Value “Librarians and governing bodies should maintain that parents—and only parents—have the right and the responsibility to restrict the access of their children….Parents who do not want their children to have access to certain library services, materials, or facilities should so advise their children.” - Free Access to Libraries for Minors But as we know, libraries have created policies with age-based restrictions according to the needs of library and staff, along with the expectations of their community.
  3. During the late 80s and early 90s, the library literature was abuzz with the topic of “latchkey kids.” One of the key documents was written in 1988 by ALA in response to the increasing pressure from librarians to develop guidelines for serving the growing number of unsupervised children in libraries. More moms working Increased concern about legal liability. Little had been written about policy development guidelines before then, with the emphasis more on services to children. In 1991 survey by Francis Dowd (who did much of the surveys and writing about this topic, between late 80s and 2000s), fewer than 1/3 of public libraries had written policies regarding unattended children. In 1995 Diane Tinnish’s review of the literature mentions how 20 years before she worked in Canadian public library, and if it were ever a rainy Saturday, the staff would expect the “parade of garbage bags” where all the little ones would be sent off from home with a garbage bag as their raingear. “Once  the children had shed their  wet  bags,   they often settled  in  for   the day knowing  full  well   that   they were not  expected or welcome home until closing time. Besides, it was more fun to be at the library than stuck in the house all day.. The  term  "latchkey children"  may be  relatively new but  the concept is not." This publication was updated in 2000, under a new title, changing "latchkey" to "unattended." : "Even the term "latchkey children" seems to be a pejorative term, casting a bit of the blame on the children for their circumstances. And while [the terms] "unattended" and "unsupervised" children may also have some stigma, they do not cast the shadow onto the children, but more to adults.“ This public states: "The library is a public place, and patrons must not be discriminated against on the basis of race, political belief, or age. Library staff may wish to solve behavioral problems by getting rid of the patron, but they must instead focus on getting rid of the unacceptable behavior.“ While recognizing that age-based restrictions are the most straight-forward approach, questions the wisdom and practicality of such a policy when most parents are working: Could significantly reduce the number of children that come to the library Be prepared for older siblings and babysitters to attend to smaller children It is key to make clear that the parent is ultimately responsible for the child's behavior. Policies should be written in a positive tone demonstrating that the library serves children and families, rather than as bureaucratic and hostile step towards "dealing with" children in the library. "Needs and circumstances change, and so policies and procedures must be reviewed and updated at regular intervals."
  4. Some of the reasons librarians have given to limit unattended children.
  5. POLICY QUOTE: "Children left alone or unattended in the library for extended periods of time naturally may become bored and restless.  There are several hazards, such as doors, furniture, and equipment, which children may encounter if allowed to wander alone throughout the library.  Parents and caregivers are encouraged to use the same precautions at the library as are used in various other public places, such as malls, grocery stores, etc.“ “Libraries want to create an environment that ‘feels’ safe, so that children (and others) can learn and benefit from all the library has to offer. This is entirely appropriate, and essential to fulfilling the library’s mission in the community. It can raise a problem, however, when parents confuse the feeling of safety with the objective reality of the library as a public place. - NJLA Task Force on Unattended Children Diane Tinnish: “Many parents who wouldn't dream of leaving their children unattended in a shopping mall think nothing of leaving them on their own in a public library.’ Talk about malls? Parental Excort Programs or Policies focus on older teens congregating on weekend nights. Mall of GA, no official policy, No lil ones like 4 or under, just for safety Depends on maturity level
  6. The problems can arise when we create age-based restrictions, rather than behaviour. “The idea that a child might be in danger because the child is unattended is worrisome, but it may also be true that the child is safer when not in his or her home. In fact, asking the child to leave the library may subject the child to more danger or to parental abuse. The library may be the safest place for that particular child at that time of day. As long as he or she is not posing a danger to other children, perhaps it would be best for the community as a whole to keep the child at the library.” – Unattended Children, No Easy Answers
  7. U.S. News & World Report: “A 2011 Census report finds that 2 percent of children 5 to 8 years old, 8 percent of 9- to 11-year-olds and 27 percent of 12- to 14-year-olds are left in self-care. In general, the percentage of school-age children in self-care has ticked down during the last 10 or so years, but when those numbers are broken down by a family’s marital status, employment and parental presence, that decline is less consistent. A study conducted by Smith and co-author Lynne Casper in 2004 showed that a number of factors came into play when parents decide to let their children care for themselves, including the availability of the parents to take care of them, the age and maturity level of the child, and the context of the neighborhood where they are being left. USA Today: At about 4:55 p.m. ET Sunday, Montgomery County police received a call to check on the welfare of Danielle and Sasha Meitiv's children — Rafi, 10, and Dvora, 6 — at a park here. Officers found the children unattended and brought them to the agency as part of protocol, they said Montgomery County police and county Children's Protective Services are jointly investigating the Meitivs of Silver Spring for allowing their children to walk repeatedly around the neighborhood alone. The parents say they know where their children are but are allowing them independence. Officers picked up the children about two blocks from home, Rafi said, telling them they would drop them off at home. Instead, the two sat in a patrol car for 2½ hours then were taken about 10 miles away to Children's Protective Services offices in Rockville, Md.
  8. USA Today: At about 4:55 p.m. ET Sunday, Montgomery County police received a call to check on the welfare of Danielle and Sasha Meitiv's children — Rafi, 10, and Dvora, 6 — at a park here. Officers found the children unattended and brought them to the agency as part of protocol, they said Montgomery County police and county Children's Protective Services are jointly investigating the Meitivs of Silver Spring for allowing their children to walk repeatedly around the neighborhood alone. The parents say they know where their children are but are allowing them independence. Officers picked up the children about two blocks from home, Rafi said, telling them they would drop them off at home. Instead, the two sat in a patrol car for 2½ hours then were taken about 10 miles away to Children's Protective Services offices in Rockville, Md.
  9. “Debra Harrell works at McDonald's... For most of the summer, her daughter had stayed there with her, playing on a laptop that Harrell had scrounged up the money to purchase. (McDonald's has free WiFi.) Sadly, the Harrell home was robbed and the laptop stolen, so the girl asked her mother if she could be dropped off at the park to play instead. Harrell said yes. She gave her daughter a cell phone. The girl went to the park—a place so popular that at any given time there are about 40 kids frolicking—two days in a row. There were swings, a "splash pad," and shade. On her third day at the park, an adult asked the girl where her mother was. At work, the daughter replied. The shocked adult called the cops. Authorities declared the girl "abandoned" and proceeded to arrest the mother.”
  10. December 14, 2012, on behalf of the Boulder Public Library Commission. The Boulder Public Library Commission received your message asking about the new Boulder Public Library rules of conduct regarding children age 11 and under needing to be with an adult while in the library.  The rule reads as follows: No person may leave children, age 11 and under, or dependent adults unattended. The reasoning behind instituting this new rule, which is consistent with many other public library systems across the nation, is, to address concerns about children being left alone in the youth area, or in the library in general, while parents or caregivers were either absent or in other sections of the building. Our library staff values the safety and wellbeing of children, however, our resources do not make it possible for us to provide constant supervision and oversight of children, especially if they were to wander off inside or outside our buildings. The libraries are public buildings, and, open to everyone.  Because the library is a public place, a child’s safety cannot be guaranteed.  Children may encounter hazards such as stairs, elevators, doors, furniture, electrical equipment, or, other library patrons.  At the Main Boulder Public Library alone, almost one million patrons walk through the doors each year.  The safety of our patrons, especially children and dependent adults, is our highest priority. Lenore here again: The letter was then signed by a librarian who must have forgotten what libraries exist for, which is to educate, enlighten and entertain the entire population of a town. Those activities do not REQUIRE  “constant” supervision. To assume they do is to assume either outrageous danger or incredible incompetence. In the absence of any true danger, the librarian has decided kids as old as 11 will be stumped, or even mangled, by doors and stairs. In the absence of common sense, she goes on to assume that therefore it is the librarian’s job to  make sure, for instance, that each child adequately grasps the handle on the door, carefully pulls it open and, after somehow making it fully through the dastardly portal, proceeds safely about the room, despite  being surrounded by something surely no child has ever encountered before: furniture. UPDATE! Here’s an article on the library issue in the local paper, The Daily Camera. Reporter Erica Meltzer interviewed the library spokeswoman, Jennifer Bray: Bray said the library is a welcoming place for children and families, and no one will be asking the ages of older children who are behaving appropriately. SO WHY ISN’T THAT THE OFFICIAL RULE? Write it this way: “Any well-behaved child is welcome at the library. And any child behaving badly will be asked to leave.”  THAT would make sense! – L.
  11. NJLA Task Force on Unattended Children recommends age 11 for caregiver since that is when Red Cross begins offering baby sitting classes.
  12. Also, staffing is an issue! ………So what are Georgia public libraries doing? What do our policies say?
  13. 57 of 63 Georgia Public Library Sytetms specify age limits 3 do not specify age 3 do not have policies
  14. “In the immediate vicinity" assumed 7 libraries specify a slightly higher age at which kids can be in the library with a caregiver elsewhere in the library. 12% (6) of libraries with Unattended Minors policies specify younger ages allowed alone during programming only. We are not taking these exceptions into account. 3 libraries - No Policy 3 libraries – Age not specified
  15. Age 18 data point includes those policies that specifically say 18 or just “adult” (so 18 assumed) 32% have age set to 18 or adult 25% have no age specified 3 have no policy  In my opinion, this is when libraries really start limiting access Policy Quotes: "The assigned caregiver must be at least 16 years old and must carry emergency contact information.“ Stated in procedures: "If there are no behavior problems, we can loosely interpret the policy and allow someone age 15-17 to supervise children in the Library“ Policy does not specify age, but rather “A responsible adult or mature adolescent while in the library."
  16. From “Legal Issues in GA Public Libraries” written on the request of GPLS
  17. 29% of libraries did not have a policy addressing this issue For policies where age is not address, I don’t think we can assume 18 Policy Quotes: "Any child under the age of 18 cannot be left unattended at closing, with the exception of children capable of transporting themselves home (for example, a 16 year old with a car who drives or a 14 year old who bikes home). “ "Library staff must exercise appropriate procedures to ensure the safety of unattended persons, either persons under 12 or dependent persons of any age, especially when the library is closing.“ ***In some cases, no policy about this…more interestingly they make it clear: "The Library does not assume responsibility or liability for minors asked to leave the premises."
  18. Once 17, patrons can request unfiltered access! “for bona fide research or other lawful purposes"   although they do not have to give reason
  19. So what are Georgia Libraries doing? What do our policies require?
  20. Consent is either written or verbal at the time of requesting an internet session. 50=yes 13=no Of those that say no…there still may be a requirement for younger children to have constant supervision via unattended children’s policy. Policy Quotes: "Persons under the age of 18 must have permission of a parent or legal guardian in order to have Internet privileges. Only a parent or legal guardian can provide permission for a child to have access to the Internet. Grandparents acting in loco parentis may present a letter from a parent or guardian that provides permission for a child to have access to the Internet." “For kids under 16, appreciate we prefer a parent's to give verbal consent every time.” Noteworthy: Recent Study in UK looking surveyed internet access controls at public libraries Section “measures to protect minors on the internet” Only 5% (4 out of 80 Public Library Authorities) required parental permission or consent
  21. Of all GA Public Library Systems, 59% require parental permission up to 18 years old….. Yet, CIPA defines an adult as 17!!!
  22. Policy Quotes: "The library strongly recommends that a parent or legal guardian supervise children under the age of 18 years at all times during use of computers accessing the Internet.“ “Parents are requested to supervise their children’s Internet sessions.“ “ Parents who believe their children cannot use the Library's Internet access responsibly are advised to monitor their children's Internet use.”
  23. Age not Specified ="A mature assistant should remain with any child who cannot yet read or who may need assistance with technical matters." Lots of libraries have tiered filtering & rules regarding what age can be on which computers Many policies required parents to sit with minors of any age if they had not or did not want to sign a waiver/internet release form or if the child did not have their library card with them.