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.