Ky.gov
Effective: 5/22/2025

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

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. The SSW should photograph the child during each monthly face-to-face contact with the child. (Please see SOP C7.21 SSW's Ongoing Contact with the Family, Including the Medically Complex Child). The photo should be uploaded into the child's case record. 

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.

When a youth is in OOHC and traditional placement search methods have been exhausted, a photograph may accompany the placement referral. 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 prior to sharing their image.

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.

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.



Procedure

Consent

  1. 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. 
  2. With youth over eight (8) years old who have the capacity to understand and choose, reviews the DCBS-2A Youth Consent for Release of Information for creative works or recorded likeness 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.
  3. Upon request for permission to use cameras to monitor youth bedrooms and bathrooms in DCBS foster homes, 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 may not be placed in bedrooms or bathrooms prior to approval.1
  4. Uploads the completed, current DCBS-2 and DCBS-2A into the TWIST case record.

Use of Child's Likeness

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. When considering the use of a child’s likeness in a placement referral for a youth, the SSW revisits the DCBS-2 and DCBS-2A with the family and youth, explaining:
    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 
    4. Updates the DCBS-2 and DCBS-2A in accordance with the family and youth’s decision(s).​​​Input of the child; and ​
    5. Input of the child’s parent(s), if parental rights are intact.

Contingencies and Clarifications

  • ​​Video baby monitors for children under the age of four (4) are permitted and do not require written consent.​​​
  • 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 13.14 Referral of a Child to the Kentucky Adoption Profile Exchange (KAPE). For youth who do not consent to their photograph’s use on KAPE, a silhouette may be used in lieu of a photograph on their profile.  In these cases, the SSW 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. Permanency planning should always be a component of the youth’s treatment. 

​​Footnotes

  1. For youth placed with private child-caring or child placing providers, requests for permission to use cameras to monitor youth bedrooms and bathrooms are submitted by the provider. ​​​​


Documents

Revisions

​8/2022 Additions: 

Children in OOHC have unique needs that may be difficult to describe in writing or through traditional placement search methods or requests. If previous search efforts have been exhausted it may be beneficial to include a photo or video of the child with the placement search request. These photos and videos should only be shared with recruitment and certification (R&C) staff on behalf of the approved Department for Community Based Services (DCBS) foster families and private child placing (PCP) or private child caring (PCC) agencies that have contracted with DCBS. The photos or videos should only be shared to secure a placement that can best meet the needs of the child and should accurately and respectfully depict the child’s needs.    

5/22/2025

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).​

A child in out-of-home care (OOHC) may not be depicted in a photograph, videotape, or audiotape 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.

A consent form is not required for photographs or videotaping that occur as part of the child’s daily routine and which are not intended for public viewings, such as family photos, photos for the child’s life book, case file, school/yearbook pictures, or videotape of a special event for the child.

Photographs, videotapes, or audiotapes may be used in child-specific recruitment activities when the child is available for adoption and registered through the Kentucky Adoption Profile Exchange (KAPE). A consent form is not required.

Children in OOHC have unique needs that may be difficult to describe in writing or through traditional placement search methods or requests. If previous search efforts have been exhausted, including a photo or video of the child with the placement search request may be beneficial​. These photos and videos should only be shared with recruitment and certification (R&C) staff on behalf of the approved Department for Community Based Services (DCBS) foster families and private child-placing (PCP) or private child-caring (PCC) agencies that have contracted with DCBS. The photos or videos should only be shared to secure a placement that can best meet the needs of the child and should accurately and respectfully depict the child’s needs.    ​

A recent photograph may also be provided to law enforcement and the National Center for Missing and Exploited Children (NCMEC) if a child has gone missing.

Cameras to monitor youth bedrooms and bathrooms are prohibited except with 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.

​​

Practice Guidance

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. The SSW should photograph the child during each monthly face-to-face contact with the child. (Please see SOP C7.21 SSW's Ongoing Contact with the Family, Including the Medically Complex Child​). The photo should be uploaded into the child's case record. ​

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.

When a youth is in OOHC and traditional placement search methods have been exhausted, a photograph may be used to accompany the placement referral. 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 prior to sharing their image.

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.

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.

Consent

During visits with the family and child consistent with SOP C7.21 SSW's Ongoing Contact with the Child and Family, Including the Medically Complex Child, the SSW:
  1. 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. 
  2. With youth over eight (8) years old who have the capacity to understand and choose, reviews the DCBS-2A Youth Consent for Release of Information for creative works or recorded likeness 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.
  3. Upon request for permission to use cameras to monitor youth bedrooms and bathrooms in DCBS foster homes, 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 may not be placed in bedrooms or bathrooms prior to approval.  1
  4. Uploads the completed, current DCBS-2 and DCBS-2A into the TWIST case record.

Use of Child's Likeness

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. When considering the use of a child’s likeness in a placement referral for a youth, the SSW revisits the DCBS-2 and DCBS-2A with the family and youth, explaining:
    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 
    4. Updates the DCBS-2 and DCBS-2A in accordance with the family and youth’s decision(s).​​​Input of the child; and ​
    5. Input of the child’s parent(s), if parental rights are intact.​


  • 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 13.14 Referral of a Child to the Kentucky Adoption Profile Exchange (KAPE). For youth who do not consent to their photograph’s use on KAPE, a silhouette may be used in lieu of a photograph on their profile.  In these cases, the SSW 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. Permanency planning should always be a component of the youth’s treatment. ​


Footnotes

  1. For youth placed with private child-caring or child placing providers, requests for permission to use cameras to monitor youth bedrooms and bathrooms are submitted by the provider. ​​​​