Ky.gov
Effective: 9/28/2020

4.57 Photography, Videotaping or Audio Taping of a Child in OOHC

Legal Authority

Introduction

​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 to suffer discomfort or embarrassment. A child should not be identified as a foster child in any type of 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 viewing, such as family photos, photos for the child’s lifebook, 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, 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.    ​

A recent photograph may also be provided to law enforcement and the National Center for Missing and Exploited Children (NCMEC) in the event 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 exception to this provision must include the reason for the request and how it relates to the immediate safety of the youth.

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Practice Guidance

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Procedure

The SSW:
  1. Upon a request for permission to photograph, video, or audio tape a child in OOHC considers, on a case specific basis, the following factors: 
    1. Nature of the request; 
    2. Intended use of the photos or tapes; 
    3. Input of the child; and 
    4. Input of the child’s parent(s), if parental rights are intact; 
  2. Completes the DCBS-2 Release of Information for Photography, Videotaping or Audio Taping to approve the request;
  3. Obtains a DCBS-2 signed by the child’s parent, if parental rights are intact, whenever possible. 
  4. Upon request for permission to use cameras to monitor youth bedrooms and bathrooms, the SSW 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 d​irector. Cameras may not be placed in bedrooms or bathrooms prior to the approval.

Contingencies and Clarifications

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

Documents

Revisions

​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.