A Guide to Your Rights and Responsibilities as
a Young Adult
Prepared as a
public service by
www.ksbar.org
For the Record
This booklet is a publication of the Kansas Bar Association. The Kansas Bar Foundation,
with Interest on Lawyers’ Trust Account funding, provides support for this publication.
If you have additional questions or comments, contact the KBA at
1200 SW Harrison St., Topeka, KS 66612-1806 or call (785) 234-5696.
Prepared as a public service by
Foreword
This booklet covers areas of the law of interest to young people. 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.
It is important to remember that regardless of your age, you have rights. This
booklet helps explain those 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. Please note that
this publication is available electronically at www.ksbar.org/?for_the_record.
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Family
What happens to me if my parents get divorced?
Parents splitting up can be difficult for anybody. There are a number of decisions
that affect children in a 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? Generally, after a divorce children are placed
in the “joint custody” of both parents. Sometimes children in a divorce are put in
the custody of one parent with the other parent having visitation privileges or parenting time. A court will hear what each of your parents propose as a plan for their
children’s future. 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 your views. Remember that 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 the parents’
agreement be approved by a court. If there is no agreement between the parents,
the court will decide who gets custody. The court must decide what is in the best
interest of the child. 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.
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How old must I be to get married?
You must be at least 18 years old to obtain a marriage license. However, there are
situations where a license may be issued if you’re not 18. A judge may issue a license
to a 15-year-old if the judge determines that the marriage is in the best interest of
that person. A judge can also issue a license to a person who is 16 or 17 if both
parents and any legal guardian consent. If the parents are dead and there’s no legal
guardian, the judge can consent and issue the 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 the legal process in which a judge decides whether you are 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.
Parents may also be held responsible to pay a civil penalty if their child shoplifts
from a business.
My parents think I have a drug problem. Can they force me
into treatment against my will?
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 can also call the
abuse hotline at 1-800-922-5330. 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.
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Is it illegal to makeout, hook up, or have sex with someone
younger than 18?
Maybe. It depends upon the sexual activity and the age of the participants. For
example, it’s illegal to have sexual intercourse or touch someone sexually without
their consent. Sexual intercourse with a child under the age of 14 is also illegal.
Sexual activity when the victim is 14 or 15 is illegal even if the victim consents.
While navigating the legal restrictions regarding sexual activity and minors is difficult, in general, sexual activity between consenting persons who are 16 or older
will most likely not violate state law.
If I’m in trouble ...
What is a juvenile offender and a child in need of care?
Juvenile offenders are young persons between the ages of 10 and 18 years who have
committed a criminal offense. A child in need of care (CINC) is a person under 18
who is without parental care, truant, or has been abused or neglected. Truancy includes any child that is not attending school as required by law. The district/county
attorney or any interested/concerned person in the county where the child resides
may file a CINC case. If the district/county attorney files the case, it is generally
after a case is referred by the Kansas Department for Children and Families.
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
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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 remove you from your home and place you with other
family members or in a foster home. 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 ongoing, the court may remove you from
your home.
What is juvenile court?
Juvenile court is the system that has been established to deal with young persons
who have committed certain crimes. The juvenile courts are less formal than an
adult criminal proceeding, but no less serious. Like an adult proceeding, you have
the right to be tried by a jury rather than a judge. However, it is the district court
judge who decides the punishment if you’re found guilty.
What happens if I get arrested?
Any young person suspected of committing a crime could 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, the juvenile may be taken
directly to a juvenile detention facility until a hearing is held in front of a judge.
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.
If you are over 14 and you violate the traffic laws or you are over 16 and violate the
boating/fishing/hunting laws, you’ll be treated the same as an adult and will most
likely be given a citation and expected to appear in court or pay a fine.
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 protec-
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tion against forced confessions. If you are under 14 and you are being interrogated
by a law enforcement officer, nothing you say is admissible as evidence unless your
parent or attorney has been consulted.
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.
Do I have a curfew?
In Kansas there is no statewide curfew for minors. However, individual cities and
counties may establish set times that individuals must abide by (generally, 11 p.m.
on weeknights and midnight on weekends). If a person is found violating a curfew
law by being out of their house at a certain time, they may be subject to a fine or
other punishment.
What are the laws about smoking and using drugs?
In Kansas, it is against the law for any person to possess, manufacture, distribute,
or cultivate controlled substances. This includes marijuana and other types of illegal drugs as well as any drug paraphernalia (pipes, papers etc.). Additionally, it is
illegal to possess prescription drugs that are not prescribed to you.
In Kansas, you must be 18 to use tobacco products of any kind including cigarettes
and chewing tobacco. Punishment for a tobacco infraction may include a fine.
What are the laws about drinking and driving?
The legal age to drink is 21. It is against the law to drink and drive with an alcohol
concentration of 0.08 or more, or to have imbibed enough to impair your ability to
safely operate a vehicle. If you’re under 21, it is against the law to drink and drive
with an alcohol concentration of 0.02 or more. Even if you do not test positive for
alcohol, you may still be found guilty if you are too impaired to drive safely. The
consequences of driving under the influence 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, your license will be suspended for one year and any actions
taken against your driving privileges may be considered by an insurance company
in determining rates for liability insurance or whether to cancel your insurance
policy.
What happens if I get caught drinking?
You must be 21 or older to buy, possess, or drink beer and liquor. A person under
21 who drinks, possesses, or attempts to obtain or possess alcoholic beverages is
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subject to a fine. If you’re over 18 but less than 21, the minimum fine is $200. If
you’re under 18, you can be fined between $200 and $500. In addition, the court
may order you to complete 40 hours of community service as well as a program on
the effects of alcohol and substance abuse. Additionally, you will have your driving
privileges suspended for 30 days upon a first conviction, 90 days for a second offense, and one year for a third offense.
It is a misdemeanor for a person under 21 to use a fake driver’s license to purchase
alcohol. If you use a fake driver’s license or other fake ID to obtain alcohol, you
may be fined $200 and ordered to perform 100 hours of community service. In
addition, the court may order you to complete an approved alcohol or drug education program.
If you get caught drinking alcohol when you are under 21, you are also jeopardizing those who helped you get the alcohol. Anyone who furnishes alcohol to an
underage person is subject to a minimum fine of $200. Anyone who lends a driver’s
license to an underage person for use in buying alcohol is subject to a jail term of
up to one year, a fine of $2,500, or both. Underage persons who purchase alcoholic
beverages from licensed outlets are also jeopardizing the owner’s livelihood. Any
licensed outlet that sells alcoholic beverages to an underage person could have its
license revoked or suspended and could also face criminal charges.
What are the consequences of using someone’s car/truck
without permission?
It’s illegal to “borrow” someone’s car or truck without permission. 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. Furthermore, a conviction for vehicle related crimes might affect your personal liability
insurance rate.
Do I have to wear my seatbelt while in the car?
Yes, Kansas law requires all individuals over the age of 14 to wear seatbelts while a
car is in motion. This includes occupants sitting in the back seat. If you are given a
ticket for failing to wear a seatbelt, you may be fined up to $60.
Can I text while I drive?
No. If you can’t wait to read or respond to a text, pull off the road so that you’re
out of traffic.
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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 you may take
domestic jobs, such as babysitting, 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. on a school night.
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.
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Can I receive medical treatment without my parent’s
consent?
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 or 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 notarized
written consent be given by both of your parents or a legal guardian. Single parent
consent may be acceptable in situations where the parents are divorced or sexual
abuse by a family member has occurred. However, if you can’t get written consent
from both parents, 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 parental consent would not be in your best
interest. Youth under 18 may also obtain contraception and consent to examination and treatment for sexually transmitted diseases without consent from their
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. 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.
What do I need to know about social media?
Social media, such as Facebook, Twitter, Tumblr, Snapchat, and Instagram, are
common everyday aspects of a teen’s life. It is important to keep in mind privacy
and safety when using social media and technology. First, remember to never post
personal information or share private information with strangers or people you
have never met in person. Be careful not to reveal your telephone number, email
address, or home address to strangers that you might meet online. Remember that,
nothing that is public can be private at the same time.
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It is also important to remember that what goes online, stays online. That means
forever. Think about future employers, family members, teachers, and friends being able to see every picture, status update, or post that you put online. If you
would not feel comfortable explaining something that you post online to your
parents, school principal, or potentially the police, then it is best to keep it off of
social media.
Your local school district may also have policies that prohibit the use of cell phones
during instructional time and prohibit any use of social media that is disruptive
to the educational environment. Kansas law also prohibits sexting and using a cell
phone or electronic device to threaten or harass someone.
Schools
What if I bring a gun or weapon to school?
The Federal Gun-Free Schools Act of 1994 requires expulsion of pupils for possession of weapons at school. Expulsion is for a period of not less than one calendar
year for any pupil that brings a weapon into school, on school property, or to a
school sponsored event. Also, the school is required to notify the appropriate state
and local law enforcement agencies. The school principal may modify the expulsion
requirement in a manner that is consistent with the requirements of federal law.
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What if I hurt someone at school or at a school activity?
If you bring a gun to school or to a school activity or you do something that could
cause or actually harms another person, the school will report the incident to law
enforcement and your parent(s)/guardian will be notified. You also could lose your
driver’s license for one year.
What if someone else brings a weapon to school?
Tell your teacher, principal, or any other school employee immediately.
What do I do if there is a bully at school?
Bullying happens every day in schools throughout the country. Bullies might pick
on people for any number of reasons, including the way they look, act, or because
of their race or religion. None of these reasons are acceptable. If you experience bullying or feel threatened or afraid while at school, talk to a teacher, faculty member,
parent, or another adult. Cyberbullying or the use of electronic means to threaten
or harass another person is also a problem. If you experience cyberbullying, whether in school or outside of school, be sure to notify a teacher, parent, or another
adult.
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.
Are disabled students given any rights?
Federal law requires schools to consider a child’s disability when making decisions
regarding the child’s education. If a child is eligible, he or she must have an individualized educational plan (IEP) prepared. A child or his or her parent may request
that a special education assessment 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 ...
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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. School districts are required to enroll students who live within the
school district’s boundaries and may enroll out of district students if space and
resources are available but they are not required to, it is a local school board decision. 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.
How many years must I stay in school?
Unless approved by the court, children between the ages of 7 and 18 must attend
a public or private school. If you have been identified as having a disability and are
entitled to receive special services, you must remain in school until you’re 21. 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, without excuse, 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 the Department for Children and Families if you are under 13, and the
county or district attorney if you are over 13.
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Can my school tell me what I can or cannot wear?
A public 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?
Schools have broad authority to discipline students to ensure appropriate student
conduct and to create a safe and orderly learning environment for all students. Each
school has rules that you are expected to follow and will also identify consequences
for infractions. 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 local school policies may limit it. You are subject to school district policies, and federal and state
laws while attending school. Schools also can use appropriate force to break up
fights and prevent other forms of violence. If you do something in school, on school
property, or at a school activity that causes or could cause serious injury to another
person, the school will apply their discipline policies and report the incident to law
enforcement, as well as your parent(s)/guardian.
Can school officials search my locker?
The U.S. Supreme Court has ruled that a school official may conduct a locker
search 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 school officials search me if they suspect I have drugs?
Probably. If a school official has a “reasonable suspicion” to believe that the student
is engaged in illegal activity, then they can likely search your locker or your person.
However, the search measures used by school officials must be “reasonably related
to the objectives of the search and not excessively intrusive in light of the age and
sex of the student and the nature of the infraction.” Safford Unified School District
v. Redding, 129 S. Ct. 2633 (2009)
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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 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.
Acknowledgements
Several members of the KBA Law Related Education Committee and students in
the Pro Bono Program at the Washburn University School of Law provided the
updating and editing of this publication. In addition, the KBA appreciates the assistance of Donna Whitman at the Kansas Association of School Boards. The KBA
wishes to thank all individuals involved and a special thank you to the Kansas Bar
Foundation for supporting law-related education projects and publications. Visit
www.ksbar.org for additional educational resources.
15
This pamphlet is based on Kansas law and is published to provide
general public information, not specific legal advice. The facts involved
in a specific case determine the application of the law.
Lawyer Referral Service
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Contact the Kansas Bar Association (KBA) Lawyer Referral Service for the name
and contact information of a lawyer with experience in a particular area.
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Pamphlets
As a public service of the KBA and the lawyers in your community, the following
pamphlets are available in limited quantities through the KBA office, 1200 SW
Harrison St., Topeka, KS 66612-1806; (785) 234-5696.
• Aging and the Law
• The Automobile Accident
• Child Custody, Support &
Visitation Rights
• A Death in the Family ...
What Should I Do?
• Domestic Violence –
A Practical Guide for Victims
• Domestic Violence –
A Practical Guide to Working
with Survivors
• Violencia Domestica –
Guia Practica para las Victimas
• Divorce – An IRS Perspective
• Introducing Your Lawyer
• Is a Living Trust for You?
• Joint Tenancy
• Juror: Your Rights and Duties
• Living Wills and the Durable
Power of Attorney for Health Care
Decisions
• Marriage & Divorce
• Small Claims Court
• Stop, Look, and Check Before
Buying a Home
• Ways to Settle Your Dispute
• What is Probate?
• W hat is so Important About
a Will?
www.ksbar.org
2/2015