Ky.gov
Effective: 8/20/2026

C7.45 Photography, Video, or Audio Recording of a Child in Out-of-Home Care (OOHC)

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​​​The Department for Community Based Services (DCBS) must maintain a recent photograph of any youth in out-of-home care (OOHC) in the case record to ensure emergency preparedness (Trafficking Victims Prevention and Protection Reauthorization Act of 2022).​


Practice Guidance

Additional Context

Parental consent, documented on the DCBS-2 Release of Information for Photography, Videotaping or Audiotaping, is not required for photographs or video recording that occur as part of the child’s daily routine, and which are not intended for public viewing, (ie; family photos, photos for the child’s lifebook, school/yearbook photos, or video recording of a special event for the child). Parental consent is not required to obtain or take a photograph of a child in OOHC for inclusion in their case record for emergency planning and preparedness. 

A child in OOHC may not be depicted in a photograph, video, or audio recording for promotional purposes or in a manner that would cause the child or family discomfort or embarrassment. A child should not be identified as a foster child in any publication or public exhibit.

Photographs, video, or audio recordings may be used in child-specific recruitment activities when the child is available for adoption and registered through the Kentucky Adoption Profile Exchange (KAPE). If the child is over eight (8) years old and has the capacity to understand and agree, written consent, documented on the DCBS-2A, is required.

A recent photograph may be provided to law enforcement and the National Center for Missing and Exploited Children (NCMEC) if a child is reported missing from care.

​Video baby monitors for children under the age of four (4) are permitted and do not require written consent. 


Procedure

The SSW: 
  1. ​Should maintain a current photograph of the child in the case record by uploading a photograph when available and updating it periodically based on the child's age or any significant change in the child's appearance. ​​​
  2. May include a photograph in the placement referral when a youth is in OOHC, and traditional placement search methods have been exhausted. Use is contingent on parental consent, as documented on the DCBS-2 following the procedure outlined in these standards of practice. If the child is over eight (8) years old and has the capacity to understand and agree, the child must also give permission before their image is shared.
  3. Reviews the DCBS-2 with the family, explains why consent may be needed, and discusses the potential advantages and disadvantages of consenting or deferring consent, providing a clear choice to the family. Obtains documentation of the family’s choice regarding consent on the DCBS-2.
    1. ​If the parent’s whereabouts are unknown, contact with the parent cannot be made, or if the parent does not retain parental rights, DCBS may approve the release of a photograph, video, or audio recording of a youth in OOHC, documented on the DCBS-2.
  4. Reviews the DCBS-2A Youth Consent for Release of Information for creative works or recorded likeness with youth over eight (8) years old who have the capacity to understand, and explains why consent may be needed, and discusses the potential advantages and disadvantages to consenting or deferring consent, providing a clear choice to the child. Obtains documentation of the child’s choice regarding consent on the DCBS 2A. 
  5. For youth whose parents’ rights have been terminated, ensure that the youth’s image representation status on the KAPE aligns with their current consents in accordance with SOP C 13.14 Referral of a Child to the Kentucky Adoption Profile Exchange (KAPE)​.  
  6. For youth who do not consent to their photograph’s use on KAPE, should collaborate with the youth’s treatment team to develop a plan to address and work through the youth’s feelings in therapy and throughout treatment. A silhouette may be used in lieu of a photograph on their profile. Permanency planning should always be a component of the youth’s treatment. 
  7. Informs the provider, upon request for permission to use cameras to monitor youth bedrooms and bathrooms in DCBS foster homes, private child placing (PCP) homes, or private child caring facilities, that the requestor must submit the Camera Usage Exception Request form to the service region administrator (SRA) or designee, who will then forward the form to the DPP director or designee. Cameras to monitor youth bedrooms and bathrooms are prohibited except with the written consent of the Division of Protection and Permanency (DPP) director or designee. Any request for an exception to this provision must include the reason for the request and how it relates to the immediate safety of the youth. 
  8. Uploads the completed, current DCBS-2 and DCBS-2A into the TWIST case record.

Upon a request for permission to share or use a photograph, video, or audio recording of a child in OOHC, the SSW; 
  1. ​Considers, on a case-specific basis, the following factors: 
    1. Nature of the request; 
    2. Intended use of the child's likeness; 
    3. Youth consent, as documented on the DCBS-2A; and 
    4. Parental consent, as documented on the DCBS-2, if parental rights are intact;
  2. Revisits the DCBS-2 and DCBS-2A with the family and youth when considering the use of a child’s likeness in a placement referral for a youth. SSW should explain:  
    1. ​How the youth’s likeness would be used;
    2. How many agencies/families the child’s likeness might be shared with;
    3. How many people might have access to the child’s likeness; and 
  3. ​Updates the DCBS-2 and DCBS-2A in accordance with the family and youth’s decision(s).​​​Input of the child, and input of the child’s parent(s), if parental rights are intact.



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Documents

Revisions

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