Release of Library Records of a Child Under Age 16 to Custodial Parents and Legal Guardians

It is the intent of the Superior Public Library to satisfy the requirements of Wisconsin Statute s.43.30(4) concerning the release of the library records of a child under age 16 to a custodial parent or legal guardian. At the same time, the library recognizes the need to protect the privacy of all library patrons, including children under age 16, to the greatest extent possible under s43.30. Therefore, the library has adopted the following policy for release of library records of children under age 16. Children age 16 and older shall be treated as adults.

In order to assure that records of a child under age 16 are released only to a custodial parent or legal guardian, the Superior Public Library requires verification that the individual requesting the records is entitled to see them under the law. The following shall be considered adequate verification:

  • Permission of the child whose records are being sought, provided in person and at the time of the request.
  • A birth certificate with the requester’s name listed as a parent.
  • Governmentally issued photo identification verifying the requester’s name and with an address matching that on file for the child.
  • Possession of a library card in the requester’s name for which the account shows the same address as that on the account of the child whose records are being sought.
  • A copy of a court order of divorce which names the children and which does not indicate that the parent was denied periods of physical custody.
  • Other documentation that demonstrates to the satisfaction of the library that the requester is a custodial parent or legal guardian of the child whose records have been requested.

In cases in which an individual is able to demonstrate to the library’s satisfaction that he or she is a custodial parent or legal guardian of a child under age 16 and he or she requests the records of that child, the records shall be made available as soon as practicable and without delay.

In cases in which an individual requests the records of a child under age 16 and is denied access to them, that individual shall be entitled to appeal the decision to the library director. If the library director should deny the requester access to the records, the individual shall be entitled to appeal the decision to the library board. The library board shall meet as quickly as a meeting can be legally noticed and hold a hearing, after which it shall make a determination regarding the right of the requester to have access to the records. The determination of the library board shall be final.

Only records relating to the use of the library’s documents or other materials, resources, or services shall be released under this policy. Information such as the address, phone number, age, or other personal information shall not be disclosed.

Approved by the Superior Public Library Board on February 9, 2005