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Foster care photography question  

post #1 of 11
Thread Starter 
I haven't been able to find the answer to this online. Are there confidentiality rules regarding taking pictures of foster children and posting them online in the state of Michigan?
post #2 of 11
if a parent's right have not been terminated, they can contact the company hosting the pictures and inform them that they are hosting pics of a minor without their parents permission (or against it).

a friend of mine had trouble with her ex's extended family posting pictures of her ds and that worked well for her.
post #3 of 11
While I'm not 100% sure, I know we were cautioned and told not to post pictures of DD until the adoption was complete and she was offically recognized as our child. This was in adoption so I'm sure its different, but would imagine in the same line of thinking that the parents persmission is needed as foster parents are not legally looked on as parents.
post #4 of 11
I dont know about Michigan, but I know in Illinois you are not legally allowed to post a foster child's picture anywhere public, including newspaper (even local) and online. It was fine, for ex to send holiday cards to family and friends but not to add a photo of your child to your website. if you wanted to post that childs picture anywhere you needed specific written permission from the state that was almost never granted.
post #5 of 11
Thread Starter 
Yes I'm asking this from a foster parent point of view. (I am not one) I know of a foster parent who just received a baby into her care a few days ago and has been posting his first name and pictures of him online on message boards.

Something about that doesn't seem right legally, but I'm not knowledgeable in that area. I couldn't seem to find any info online either.
post #6 of 11
I don't know about MI but I know in GA it is illegal to post pictures of foster children without consent. It seems like that would be standard in all states to protect the privacy of the child/family but I am not certain. I hope you can find more info.

Candy
post #7 of 11
I just looked in our foster care regs book (for California) and it says that you are not allowed to talk about why a child came into care. It doesn't say anything about photos on the internet specifically. Is this a foster to adopt situation? For me, personally, I have never used my child's birthname (especially the last name) while in foster care (online specifically) and have never mentioned specifically why they have come into care. That is nobody's business. But we have also been in situations that were fost/adopt and TPR and their adoptions have happened very quickly.

Maybe this woman just doesn't know that she might possibly be breaking the rules? She should have a foster care regs book that explains the specific rules to her situation.
post #8 of 11
Quote:
Originally Posted by WitchyMama2 View Post
Yes I'm asking this from a foster parent point of view. (I am not one) I know of a foster parent who just received a baby into her care a few days ago and has been posting his first name and pictures of him online on message boards.

Something about that doesn't seem right legally, but I'm not knowledgeable in that area. I couldn't seem to find any info online either.
You could call your foster care licensing department and ask. In WA, we are not allowed to post photos of our foster kidos legally in any public manner, and must always check off the "no" box when enrolling them for school, etc. and being asked if the school can use photos of the child for things like brochures. These are not *our* children. Even if adoption is anticipated, they are not our children until the adoptions are finalized.

We *are,* however, allowed to do things like send holiday card photos to family and friends.

The situation you describe is particularly alarming with the child's first name being attached. It may violate confidentiality laws, depending on what exactly she is posting about, and it certainly could place the baby (not to mention her) in danger. And does she know anything about this birth family? Could they use this to track her down?

In any case, it is not considered an acceptable, ethical, or legal practice in WA. Perhaps she is has forgotten or is somehow unaware???
post #9 of 11
Thread Starter 
Her entire post on the board was about this new foster baby. So it wasn't just a random comment. She didn't state why the baby was in her care, but in her postings you could tell that she was eluding to the fact that he was not fed correctly.

No one else said anything to her about the possibility of her violating something by posting the pictures (it was not a foster board so they probably are not aware of the laws either) but I was concerned. Especially given that she gave his first name. She is not looking to adopt. This is strictly foster care, and he was only given to her a few days ago. From her posts she's been doing foster care for quite some time, and has adopted 2 children already. So it would seem she ought to know the rules regarding things like this.

I only know on other message boards I've been on, mothers haven't posted pictures until adoptions were absolutely finalized and never before. I always assumed there were legality reasons for that. Which is why I questioned her posting pictures.

I don't live in her state, or I would call to ask.

Gosh, I feel really nosey asking questions about this.. but it just makes me uncomfortable. Thanks for being patient with me mamas.
post #10 of 11
We're in training to become foster parents in Michigan. Email this woman and ask your question:

"Leah Joann Higgins" <higginsl@michigan.gov>
post #11 of 11
Thread Starter 
I wrote to her asking of the legalities of it, and she seemed pretty offended and told me there was nothing wrong with it. A little while later she posted again saying that because people were causing drama (me obviously LOL) she decided to take the picture down. And of course the rest of the forum has now ganged up on me.

So, at least she took it off the forum regardless.

I honestly wasn't trying to be mean or heartless. She seems like a wonderful person from what I can tell, and has fostered and adopted quite a few kids. It just didn't make me feel comfortable seeing his picture up there. Confidentiality issues with the baby and the birth family seem pretty important to me.

Thank you all for your help.
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