Library Certification Requirement for the Protection of Minors

PURPOSE: For the protection of minors defined in 15 CSR 30200.030(1)(E), this rule establishes a certification requirement for any library defined in 15 CSR 30-200.010 that receives funds pursuant to 15 CSR 30-200.020 and 15 CSR 30-200.025. (1) Notwithstanding any provision of 15 CSR 30-200.020 and 15 CSR 30-200.025 to the contrary, the state librarian shall not distribute any funds to any library defined in 15 CSR 30-200.010 that receives funds pursuant to 15 CSR 30-200.020 and 15 CSR 30-200.025 unless such library certifies in writing each of the following: (A) The library has or will adopt a written, publicly accessible collection development policy addressing how selections are made in considering the appropriateness by age of any minor, as defined in 15 CSR 30-200.030; (B) No funds received shall be used to purchase or acquire material that constitutes “child pornography,” is “pornographic for minors,” or is “obscene,” as those terms are defined in section 573.010, RSMo; (C) The library has or will adopt a written, publicly accessible policy allowing a minor’s parent or guardian to determine what materials and access will be available to that minor, and no person employed by or acting on behalf of the library shall knowingly grant access to a minor to any material in any form not approved by that minor’s parent or guardian; (D) No age-inappropriate materials in any form, as defined in the library’s collection development policy, shall be knowingly displayed in the library in areas designated by the library as containing materials predominantly for minors; (E) No event or presentation shall be held at the library without an age-appropriate designation affixed to any publication, website, or advertisement for such event or presentation; and (F) The library has or will adopt a written, publicly accessible library materials challenge policy by which any parent or guardian of a minor within the library district may dispute or challenge the library’s age-appropriate designation affixed to any presentation, event, material, or display in the library, and the results of any such dispute or challenge shall be disclosed to the public and published on the library’s website. (2) The library shall submit a copy of its written policies to the state librarian annually by July 31, and shall submit, within thirty (30) days, any revisions to such policies to the state librarian. AUTHORITY: sections 181.021, 181.060, and 182.812, RSMo 2016.* Original rule filed Oct. 14, 2022, effective May 30, 2023. *Original authority: 181.021, RSMo 1955, amended 1991, 1995, 2004; 181.060, RSMo 1945, amended 1955, 1959, 1981, 1987, 1991, 2011; 182.812, and RSMo 1983, amended 1995.