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Home > Public Information Pamphlets >

FOR THE RECORD
A Guide to Your Rights
and Responsibilities as a Young Adult

Published by the Kansas Bar Association

Download For the Record (PDF)

Foreword
Acknowledgement

Family
What happens to me if my parents get divorced?
In case of divorce or separation, who decides who gets custody of the children?
How old must I be to get married?
How old do I have to be to handle my own affairs?
Are my parents responsible or liable for my actions?
My parents think I have a drug problem. Can they force me into treatment against my will?
What if I know someone who is being abused or neglected?
Does statutory rape apply to minors?

If I'm in trouble ...
What is a juvenile offender and a "child in need of care"?
Will a lawyer be appointed to represent me as a juvenile?
What is juvenile court?
What happens if I get arrested?
What are my rights when arrested?
What are the consequences of shoplifting?
What are the laws about drinking and driving?
What are the consequences of drinking alcohol as a minor?
What are the consequences of joy riding?

Am I old enough to ...
How old must I be to get a job?
How do child labor laws affect me?
Can I receive medical treatment without my parents' consent?
Can I get a tattoo of body piercing?
How old must I be to buy a gun?

School
What if I bring a gun or weapon to school?
What if someone else brings a gun or weapon to school?
What is corporal punishment, and is it legal in Kansas?
Can my parents oppose my taking certain school classes?
Are disabled students given any rights?
Are student publications entitled to free speech protection?
Can I attend the public school of my choice?
By law, how many years must I stay in school?
What if I don't want to go to school?
What happens if I skip school?
Can my school tell me what I can or cannot wear?
Can my school discipline me?
Can school officials search my locker?
Can I pray in school?

Foreword

This booklet covers areas of the law that a young adult often wants to and should know about. We know we cannot answer all the questions you are likely to have, but we hope we have answered the important ones.

Because laws change, this booklet is intended for general informational purposes only. It does not attempt to provide legal advice. Legal advice should come only from a licensed attorney.

The rights explained in this booklet are your legal rights. Just knowing your rights is not enough — using your rights with common sense will help you get along even better.

Sit back and read. We hope that you find For the Record useful.

Acknowledgement

For the Record was originally produced by the Kansas Bar Association’s Public Information Committee in cooperation with the Kansas Supreme Court. A Kansas Bar Foundation grant provided major funding for the production and distribution of this booklet. We would like to thank Linda Parks, the project coordinator of the booklet. A special thanks also goes to former Justice Robert Gernon, Jane Deterding, Mandy Jordan, Nanette Kemmerly-Weber, Rebecca Sanders, Art Thompson, the Kansas Association of School Boards, and the Kansas Association of School Attorneys for their helpful insights and critiques. Revisions were provided in 2006 by Judge G. Joseph Pierron, Jr. and Mary Feighny.

Family

What happens to me if my parents get divorced?
Sometimes the children in a divorce are put in the custody of one parent with the other parent having visitation privileges or parenting time. Generally, children are placed in the “joint custody” of both parents. There are a number of decisions that will then affect children in the divorce. Will you have to move? Will you get to live with both parents? How much time will you get to see both parents? Will you get to live with your brothers and sisters? A court will hear what each of your parent proposes as answers. If you are old enough, the judge may ask you what you want. In Kansas, some courts will use a mediator to settle some of these questions. The mediator may involve you in the mediation. You need to let your parents and the court know what your views are. The final decision made by the judge will be based upon what he or she believes is in your best interest.

In cases of divorce or separation, who decides who gets custody of the children?
Both parents can make this decision. However, the law requires that any agreement be written down and filed with the court to ensure it is enforceable. If there is no agreement between the parents, the court will decide who gets custody. The test the court uses to make the decision is what will be in the child’s best interest. A stable home and school environment are an important part of the “best interest” standard. The court also considers what the parents want, and the relationship between each parent and the children. The children’s wishes may in some cases be a factor in the court’s decision. Courts prefer to let the parents decide custody; they are in a better position to make that decision than a judge who may be a stranger to the family.

How old must I be to get married?
You must be at least 18 years old to obtain a marriage license without the permission of your parents. If under age 18, your parent or legal guardian must give consent to the marriage. If you are under age 18, and your parents are deceased and you do not have a legal guardian, then the judge of the district court (the judge’s office will be in the county courthouse) may authorize your marriage license.

How old do I have to be to handle my own affairs?
When you turn 18, you are considered an adult. You are also considered an adult if you are at least 16 and you are or have been married. At this point, you – not your parents – are legally accountable for your actions. If you are under 18 and want to handle your own affairs, you can consider requesting emancipation. Emancipation is a legal process in which a judge decides that you are old enough and mature enough to handle your own personal and financial matters. This allows you to conduct business without any adult supervision or control. An emancipation proceeding is begun by filing a petition in the district court of the county where you live.

Are my parents responsible or liable for my actions?
Under Kansas law, parents are responsible for up to $5,000 for damages or injuries intentionally caused by their children under 18 who live with them. Parents can be held liable for more than $5,000 if the damages or injuries caused by their children are proven to have resulted from parental neglect. Parents may also be liable for damages or injuries caused by their children’s accidental or unintentional actions.

My parents think I have a drug problem. Can they force me into treatment against my will?
Probably. Parents have a responsibility to provide appropriate medical treatment for their children. A parent can take you to a doctor for assessment and treatment regardless of your consent. However, you can consent to treatment for drug abuse or addiction without parental notice or consent.

What if I know someone is being abused or neglected?
Immediately contact a teacher, school nurse, or police officer. You are protected when you report suspected abuse or neglect. You may also report anonymously (without giving your name), but giving your name will assist in the investigation.

Does statutory rape apply to minors?
Yes, but Kansas does not call it “statutory rape.” It is usually referred to as “indecent liberties with a minor.” Kansas law prohibits different kinds of sexual activity depending on the ages of the people involved. It is illegal for anyone of any age to forcefully touch another person in a sexual manner or have sexual intercourse against that person’s wishes.

If I'm in trouble ...

What is a juvenile offender?
“Juvenile offenders” are young persons between the ages of 10 and 17 years who are alleged to have broken the law. A “child in need of care” (CINC) is a young person under 18 who is without parental care, truant, or has been abused or neglected. The district attorney or any interested/concerned person in the county where the child resides may file a CINC case. If the district attorney files the case, it is generally after a case is referred by the Kansas Department of Social and Rehabilitation (SRS).

Will a lawyer be appointed to represent me as a juvenile?
Yes, in a CINC case, an attorney is appointed for you. The attorney is called a “guardian ad litem.” The guardian ad litem represents you and determines your best interests. In short, what is best for you may not be what you want or believe is best. Generally, the guardian ad litem will meet with you to discuss the case and what the recommendations will be. After the case is filed, your parents (or person with whom you reside) will be served with notice requiring them to come to court.

The court has a number of options available in CINC cases, and its decision generally depends on the individual facts of the case. If there has been physical abuse or neglect, the court may put you into the custody of the state. If the allegations involve truancy, the court will order you to attend school and may require the school to report your school attendance to the court. If the truancy is chronic, the court may order out of home placement for you.

What is juvenile court?
Juvenile court is the system that has been established to deal with young persons who have broken the law or who have been abused or neglected. If you are accused of breaking the law, many of the constitutional protections that are provided in adult criminal proceedings do not exist. The juvenile courts are far less formal than an adult criminal proceeding, but no less serious. There is no right to a jury trial in juvenile court although the judge may order one. The matter is usually decided by a district court judge who has the authority to “determine custody” of the person. In other words, the judge may choose a person or organization to take custody of the youth.

What happens if I get arrested?
Any young person suspected of committing a crime might be arrested by the police. No warrant is required, but the officer is required to have probable cause to make the arrest. All youths are taken to the juvenile intake and assessment center where an initial judgment regarding detention is made and the child’s parents are notified (yes, they call your parents). In very serious matters, however, the juvenile may be taken directly to a juvenile detention facility until the hearing on the charge(s).

You and your parents will be notified in writing of the charges against you and are given notice of the time you must appear before the court. At the appearance before the court, the complaint against you will be read to you, and the judge will ask your parents whether they will hire an attorney for you or whether the judge should appoint one. You are entitled to have an attorney in a juvenile offender case.

What are my rights when arrested?
In addition to an attorney, you are entitled to those protections provided under the Bill of Rights if the charge is one that could result in confinement. In such situations, there must be proof beyond a reasonable doubt, no double jeopardy (you cannot be tried twice for the same offense), the right to confront witnesses, reasonable search and seizure, the privilege against self-incrimination, and protection against forced confessions. There is no right to a jury trial although the judge can order one.

At the hearing, the judge will either determine you to be guilty of the offense or not guilty. In deciding what penalty to impose, the court may consider your past record.

What are the consequences of shoplifting?
It is a crime to shoplift, no matter how small the item. Many retailers prosecute even the smallest offense. Yes, removing one cigarette from the package and smoking it may result in charge and prosecution.

What are the laws about drinking and driving?
The legal age to drink is 21. It goes without saying that it is against the law to drink and drive, but this crime may be even more serious for a minor. Besides facing criminal action, you need only have a breath or blood alcohol content of 0.02 or greater to still be convicted of a DUI. Consequences include suspension of driving privileges for at least 30 days and restriction for an additional 330 days on the first occurrence and suspension of driving privileges for one year on a second occurrence. If you test 0.08 or greater, any actions taken against your driving privileges may be considered by an insurance company in determining rates for liability insurance or whether to cancel the policy.

What are the consequences of drinking alcohol as a minor?
A minor who consumes, possesses, or attempts to obtain or possess alcoholic beverages is subject to a fine of $500. In addition, the court may order community service hours or completion of a program on the effects of alcohol and substance abuse. The court also has the option of ordering you to undergo an alcohol and drug evaluation for which you will have to pay a fee.

Anyone who furnishes alcohol to an underage person is subject to a jail term of six months, a fine of $1,000, or both. Anyone who lends a driver’s license to an underage person for use in buying alcoholic beverages is subject to a jail term of one year, a fine of $2,500, or both. Any bar or grocery store that sells alcoholic beverages to an underage person could have its license revoked or suspended and could face criminal charges.

What are the consequences of joy riding?
Under Kansas law, joy riding is referred to as “Criminal Deprivation of Property” and is classified as a misdemeanor crime. What this means in simple terms is that someone has taken unauthorized (without permission) control of a motor vehicle to deprive the owner of use and possession for a temporary period of time. On the first conviction, you will be sentenced to at least 30 days and fined $100. If convicted a second time, the sentence jumps to 60 days and the fine increases to $200.

Am I old enough to ...

How old must I be to get a job? What laws apply to me?
If under 14, you may not take jobs in certain trades or businesses, but can take domestic jobs, such as baby-sitting, mowing lawns and delivery work. If between the ages of 14 and 17, you may not take jobs that are hazardous such as factory or manufacturing jobs. If you are 14, you can work in offices, grocery stores, and restaurants. If under 16, in school, and working in certain jobs (such as fast food restaurants), you may not work before 7 a.m. or after 10 p.m. the night before a school day. You also may not work more than eight hours in a day or more than 40 hours a week. There are exceptions, such as work-study programs or school food preparation services.

How do the child labor laws affect me?
Kansas law limits the age, hours of employment, and the hazards of children who are employed. In addition, most youth are employed part time. Many employment restrictions only apply to full-time employees. In most situations, you will be employed “at will” and can be fired at any time for no reason. All federal laws that affect your civil rights or disability rights apply to young people as well as adults. You have the right to make minimum wage although your employer can consider tips as part of your wage. And congratulations, you also get to pay taxes just like adults.

Can I receive medical treatment without my parent's consent?
Sometimes. Parental consent is usually necessary for a doctor to perform medical, hospital, or surgical treatment. However, there are exceptions to that rule. For example, if no parent or guardian is immediately available, a youth of 16 may consent to his/her own treatment. Also, an unmarried pregnant girl of any age may consent to medical treatment relating to the pregnancy if the parents are not immediately available. If you are under the age of 18 and want an abortion, the law requires that one of your parents or a legal guardian be notified. However, if you don’t want them notified, you or an adult, on your behalf, can go to the district court and ask for a waiver. The judge can appoint an attorney to help you, at no cost. The court proceeding is confidential and your identity won’t be revealed. After the judge listens to you, he or she will decide whether you understand and are mature enough to make the decision or that notification would not be in your best interest. Youths under 18 may also consent to examination and treatment for sexually transmitted diseases without notification to parents. Health care providers may also provide immediate assistance in emergency situations without obtaining parental consent.

Can I get a tattoo or a body piercing?
Not without permission from your parent or guardian. Kansas law says that “no person shall perform body piercing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person, and the person giving such consent must be present during the body piercing or tattooing procedure.”

How old must I be to buy a gun?
It depends on what kind of gun you want to buy. To buy a rifle or shotgun you must be at least 18 years of age, and to buy a handgun you must be at least 21 years of age.

Schools

What if I bring a gun to school?
The Federal Gun-Free Schools Act of 1994 requires expulsion of pupils for possession of weapons at school. Expulsion is to be for a period of not less than one calendar year for any pupil determined to “be in possession of a weapon at school, on school property, or at a school sponsored activity.” Also, the school is required to notify the appropriate state and local law enforcement agencies if a student brings any weapon to school. The chief administrative officer of the school may modify the expulsion requirement in a manner that is consistent with the requirements of federal law.

What if someone else bring a weapon to school?
Tell your teacher, principal, or any other school employee immediately.

What is corporal punishment and is it legal in Kansas?
Corporal punishment is the infliction of physical pain for the purpose of discipline. It is not against Kansas law, but many school districts prohibit it by local policy.

Can my parent oppose my taking certain school classes?
Kansas law provides that children may not be required to take part in activities that may violate their religious beliefs. However, the law does not provide this exemption for course work. Regulations of the Kansas State Department of Education provide that parents may choose not to have their children participate in mandatory sex education programs. Other religious exceptions may be recognized by court decision. At this time, there is no general exception for parental preference.

Are disabled students given any rights?
The Americans with Disabilities Act of 1990 (ADA) and the Education of All Handicapped Children Act of 1976 have meant that schools consider any disability a child might have in making decisions in how the school will educate them. If a child meets any of the 13 eligibility categories under ADA, he or she must have an Individualized Educational Plan prepared to indicate he or she they will be educated. A child or his or her parent may request that an assessment for special education be completed.

Are student publications entitled to free speech protection?
It depends. Kansas law states that “the liberty of the press in student publications shall be protected ... [and] material shall not be suppressed solely because it involves political or controversial subject matter.” However, any publication that is “libelous, slanderous, or obscene or matter that commands, requests, induces, encourages, commends, or promotes conduct that is defined by law as a crime or conduct that constitutes a ground or grounds for the suspension or expulsion of students ... or which creates a material or substantial disruption of the normal school activity is not protected by [state law].”

Can I attend the public school of my choice?
Not always. Kansas is divided into 304 unified school districts. Children may attend the school district in which they reside. School boards determine which specific school within a district you can attend. Attendance in a district other than that of residence is up to the receiving district. Attendance in a building other than the one assigned is up to the local school boards.

By law, how many years must I stay in school?
Unless approved by the court, children between the ages of seven and 18 must attend a public or private school. This may vary if you have been identified as having a disability and are entitled to receive special services. Some school districts have specialized programs that allow students to go to school and also work during school time. There are alternative schools that have specialized policies or curriculum like a technical school.

What if I don't want to go to school?
The general rule is you have to attend school until the age of 18 unless you are 16 or 17 and your parent or guardian agrees that you don’t have to attend school. This is called “signing out” of school. Otherwise, schools must check to find out why you are not in school. Your parents may be held responsible for your not attending school. You may be allowed to be “home schooled” or sent to a private school approved by the state.

What happens if I skip school?
You are required to attend school. This will have a major impact on your future, and it certainly will affect your parents or guardian because they will be held responsible. The courts can be involved if you continually miss school, and your parent or guardian does not or is unable to get you back in school. Eventually, you might end up in court custody. The court would then have to decide where you would be placed so that you do attend school.

If a student misses three consecutive days, five days in a semester, or seven days in a school year, the school must notify your parents. The school will also notify Social and Rehabilitation Services if you are under 13, or the county or district attorney if you are more than 13 years of age.

Can my school tell me what I can or cannot wear?
A school district can establish a dress code that you will have to follow. In some school districts, strict dress codes have been implemented when the district believes young people’s disputes about clothes conflict with a good education or create discipline or safety concerns. The U.S. Supreme Court has ruled that some dress can be considered a form of symbolic speech, which is protected by the First Amendment of the U.S. Constitution. However, your clothes cannot materially or substantially disrupt the normal educational process or harm the rights of others.

Can my school discipline me?
Your school has the right to implement the type of discipline the administration believes affects your education and that of other students. Each school has rules that you are expected to follow and will also list what will happen to you if you do not follow the rules. Generally, this will mean suspension or being expelled. Kansas laws allow school districts to discipline students for violation of seven general areas of misbehavior by imposing a short term suspension of up to 10 days or a 90-day extended term suspension or expulsion for 186 days.

Physical discipline is not prohibited by the U.S. Constitution, but state law may limit it. You are subject to state laws while attending school, and those laws have to be enforced no matter what the school policy is. Schools also can use appropriate force to break up fights or other forms of violence prevention. Fights may result in the arrest of the students fighting. Hitting a teacher or school staff is a serious crime that may result in a hard penalty. According to the Kansas School Safety and Security Act, school districts must report to local law enforcement any misdemeanors or felonies that occur at school, on school property, or at a school-sponsored event.

Can school officials search my locker?
The U.S. Supreme Court has ruled that a school official may conduct a search of a student if there is a “reasonable suspicion” that a crime has been or is in the process of being committed, or that a school rule has been broken. Reasonable suspicion may depend upon such variables as your previous school record, who or what was the source of information, the time and place, and your age. School officials also have the authority to use drug dogs to search lockers.

Can I pray at school?
Yes. Individuals can pray at school, but there cannot be school-sponsored prayer in public schools. The First Amendment of the U.S. Constitution has been repeatedly interpreted to mean that there is to be no state-sponsored religious exercises. Public schools, those receiving government funds, may not advance or endorse one religion over another, or endorse religion in general. There can be a moment of silent contemplation, which does not have any religious tone. Kansas law states that “no sectarian or religious doctrines shall be taught or inculcated in any of the public schools of a city,” but the laws do not prohibit the reading of the Holy Scriptures, although the reading has to be done without note or comment.

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