Confidentiality
is a big deal in foster care. As a
foster parent you may be most concerned about the need to please the system and
not break the rules. If so, you need to
make sure their picture isn’t taken unless authorized appropriately and for
certain that it isn’t shared in the media, including social media.
As with
most rules, though, the spirit of the law in this case should be much more
important than the letter. Yes, the
rules (in our state) say that we cannot authorize photographs of the children
except for that which will be used in documentation (i.e, if there is an
injury) or that which will be used for personal/family use (i.e., refrigerator
picture). These two rules allow for
pretty much all kinds of photographs that a foster parent might wish to take in
normal circumstances. Regardless of what
the rules say it’s more important to understand what the rules were intended to
protect and any good foster parent should be more concerned about that than
simply sticking to the rules.
So what are
they designed to do?
As with
most rules, photography rules (including videography, which is more stringent
than photography even) were established to protect the children’s privacy and
limit the state’s liability for not protecting that privacy. Specifically, we’re concerned about these
types of problems:
- Identifying the child, in
public, as a foster child.
- Identifying the location of the
child, specifically when they’re being protected from dangerous family and
friends.
- Child exploitation – using the
child’s image as a way to make money for another individual or
organization or worse yet, illicit activity.
Sometimes I
also think to some degree we’re protecting the biological family too, though
that shouldn’t be the primary goal.
As a foster
parent you have to stay really vigilant in protecting the privacy of your
children, especially when it comes to photography and videography. Today my kids are having their class pictures
taken at their preschool and even something as innocent as that can have bad
consequences for our children. Thankfully they have been posting it all over
the school so parents remember picture day and remember to dress their kids
nicely and all but there have been times where they’ve taken the children’s
pictures without asking and we’ve had to get on them about that. Usually the purpose is very innocent – the kids
are doing something cute in class and they want to take the picture to put on
the wall, etc., but without our control over those documents bad things can
happen.
In fact, as I wrote this post I got
a call from the school. Despite the fact
I told them that they couldn’t take the kids pictures, apparently they did
anyway for #10. The teacher forgot or
was unaware or something and let him be in the class picture. Thankfully the director saw that he was in it
and they called to ask mie if that was ok.
It is not. They are retaking the
picture without him in it.
Here’s the
thing though – most non-foster parents might ask – what’s the harm? Afterall, the other parents see him everyday
at school and if they have a picture of him in their home then what’s the
problem? Let’s say they’re proud parents
and put their kids’ class picture up in their office at work. Let’s say they happen to work with the
grandfather of our child (or, the grandfather’s neighbor, etc.). As they have a meeting and lookup they see
the picture with our kiddos in it and suddenly know where to find the kids. That wouldn’t be good. I had a CASA once who said she was innocently
chatting about the case she had, without any names or anything, to someone at
church and wouldn’t you know this person was related to the birth parents in
that case. It reminded her to never,
ever share anything about a case to anyone not directly involved in it again. Pictures can be just as dangerous as telling
stories.
Here are a
few other places/situations to be especially careful with:
- Birthday parties – with that
many people flashing cameras all over the place it’s easy for someone to
accidentally capture a picture of your kids too, and they are most likely
going to be discreet about sharing those pictures with people you do not
know.
- Kids’ sporting events – we had
one of the kiddo’s grandparents last year who was a budding photographer –
she was taking action shots of the baseball players and, you know, their
siblings. She then put them all up
on the Facebook page for the team so the parents could see the kids. That was a big no-no according to the
rules and she isn’t the one who’d be getting in trouble…
- Venues, theme parks, etc. –
usually the ticket will say something like “upon entering you are granting
permission to photograph the ticket holder and use the image at the
discretion of the venue”…basically you’re granting permission to them to
take pictures of you and your kids and use as they please.
- Parks, recreation areas, etc. –
same thing as with birthday parties.
- News & other media outlets –
if you see a news crew doing a story – stay far away from them. They could accidentally get you and your
child in the shot and that shot may end up on the local news or front page
of the paper.