Effective: 4/10/26
4.1 Child Exploitation, Public Performance and Media Involvement
The Children’s Division (CD) prohibits the exploitation of children and supports a child’s right to privacy. The Court’s permission is required for those under 21 years of age any time a child’s name or picture is used for public performance and media involvement. Public performance includes the following examples, agency fundraising, agency public relations events, speaker’s bureau, residential Open Houses and tours, etc. Media involvement includes, but is not limited to, television, radio, the Internet, newspaper, magazines, or in any agency newsletter, brochure, flyer, video, or any other form of media.
4.1.1 Request for Public Performance and Media Involvement Under 21 Years of Age
Any agency wishing to use the name or photograph of a child in Children’s Division care and custody must contact the Children Service Worker at least two (2) weeks prior to the scheduled event.
The Children’s Service Worker shall consult with their immediate supervisor regarding the request for public performance or media involvement. If age appropriate, the Children’s Service Worker shall discuss the public performance or media involvement request with the child and discuss his/her feelings about the specific request. Importantly, the Children’s Service Worker shall explain to the child that their participation in the public performance or media involvement is strictly voluntary. If the child expresses interest, and asks to participate in the specific request, the appropriate CD staff shall consult with the Court of Jurisdiction on each request for specified child. At no time shall a child be disciplined or punished for the refusal of public performance or media involvement.
Under no circumstances are CD staff authorized to sign a general release form to photograph a child without the expressed consent of the Juvenile or Family Court of jurisdiction. Furthermore, CD staff shall not share personal identifying information with the media relating to a child’s case.
4.1.2 Social Media and Children in Custody
Social Media has created privacy and safety concerns for Foster Care Youth. However, it is seldom realistic to forbid children and youth to use social media. Forbidding social networking may make it harder for youth in foster care to fit in with friends and relate to other teenagers in the community. Resource Parents should provide guidance and boundaries to help youth in their care use social media safely. Resource parents and foster care youth may post photos of the child/youth as long as they do not specifically identify the child/youth as being in foster care. A foster child/youth whose picture has been posted shall not be tagged and should not be identified by name. Identifying information as to the child’s location is also strictly prohibited.
4.1.3 Use of a Child’s Personal Works
To use the personal works of a child, which includes, artwork, posters, poems, woodworks, etc, for public performance or media involvement requires the informed written consent of the child and his/her parent/guardian. In the event that the child and his/her parent/guardian grant permission for the use of such works and the child is credited or identified, only the child’s initials or first name shall be used.
4.1.4 Refusal of Public Performance and Media Involvement Under 21 Years of Age
If it is determined that the requested public performance or media involvement is not in the best interest of the child, the Children’s Service Worker and their immediate supervisor shall consult with the Regional Director/Designee for further consultation. The following examples, while not all inclusive, are reasons for refusing public performance or media involvement:
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- The child safety and well-being would be at risk;
- The child has expressed that he/she does not want to participate;
- The requesting agency is using the child to promote its religious beliefs;
- The requesting agency is placing unreasonable demands for work on the child;
- The child’s identity would not remain confidential;
- The child’s current placement would be disrupted;
- The child’s treatment and education would be negatively impacted;
- The child may be a danger to him or herself or others;
- The child is physically and mentally unable to participate; or
- The Court of Jurisdiction forbids the public performance or media involvement of the specific child.
After consultation with the Regional Director/Designee and providing notice to the Court of Jurisdiction of the CD decision, the Children’s Service Worker will notify the requesting agency in writing that the specific public performance or media involvement is not approved.
Any disapproval of a child’s media involvement shall be documented in the child’s case file.
4.1.5 Children not in Custody
Media involvement or public performance by a child not in the Children’s Division care and custody requires signed consent by the child and the parent/guardian.
4.1.6 Posting Photos, Posters, and Alerts for Missing Status Children in Custody
When reporting a child who is in the custody of Children’s Division as missing to the National Center for Missing and Exploited Children (NCMEC) and local law enforcement, Children’s Division workers are required to provide a photograph of the missing child for use in missing child posters and alerts. Law enforcement will subsequently submit the report and photo to the Missouri State Highway Patrol (MSHP) Missing Persons Clearinghouse.
NCMEC and MSHP should not identify the missing child as a child in the custody of Children’s Division. As such, a court order is not required to release a photograph of a child in the custody of Children’s Division to NCMEC, MSHP, or other law enforcement when it is being utilized to report a child missing. Workers may sign NCMEC, MSHP’s and law enforcement’s release form authorizing distribution of the missing child’s photograph for purposes of locating the child. Active missing persons’ posters can be viewed on NCMEC’s website and MSHP’s Department of Public Safety’s website at: NCMEC Active Missing Persons and Active Missing Persons (missouri.gov). CD workers should not create their own poster outside of law enforcement and NCMEC’s posters.
4.1.6.1 Distribution of Postings in the Community
NCMEC staff will communicate with the child’s worker to determine how the missing child poster(s) will be distributed. CD workers may request that NCMEC distribute posters locally and in areas where the child is believed to be residing. Workers may also distribute NCMEC and law enforcement posters in public areas as appropriate on a case-by-case basis, with approval from direct supervisor and circuit manager.
If CD team members display posters in public areas, CD is responsible for taking the posters down when the child is no longer missing. CD team members are not responsible for removing posters distributed by MSHP or NCMEC.
4.1.6.2 Distribution of Social Media Postings
Concerns of imminent danger may warrant a public announcement on social media sites to expedite efforts in locating the child. If the local law enforcement agency has not yet posted the missing child report on social media, the worker must first request that the local law enforcement publicizes the NCMEC and MSHP posters on their social media pages, news, and other public platforms.
If law enforcement does not publicize on social media channels, and CD team members assess the missing child to be in imminent danger, believing a public announcement would expedite efforts to locate the child, DSS social media sites may be utilized to share missing child posters. This should be used only after all other options to notify the public have been exhausted, including law enforcement and NCMEC social media pages. Workers must consult with their supervisor and, if approved, submit a referral to DLS in order to request an order from the Court of Jurisdiction for a media release pursuant to Section 211.321 RSMo. If granted, the order must be uploaded to OnBase. All DSS social media and communication requests must be facilitated through DSS Communications team.
4.1.6.3 Distribution of Amber Alert Postings
Workers may coordinate with local law enforcement to request that the child or youth be placed on the Amber Alert System when the missing child report is made, if they believe sufficient criteria exists. Local law enforcement officials will work with the MSHP to determine if Amber Alert Criteria have been met.
Amber Alert Criteria includes:
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- Law enforcement officials have reasonable belief that the abduction has occurred, which meets the definition in RSMo 565.110 or 565.115
- Law enforcement officials believe there is a credible threat of serious bodily injury or death to the victim.
- Enough descriptive information exists about the victim and the abductor for law enforcement to issue an AMBER Alert
- The victim of the abduction is a child aged 17 years or younger.
- The child’s name and other critical data elements have been entered in the National Crime Information Center (This occurs when a report of a missing child is made to law enforcement).
If an Amber Alert is issued on a child in foster care, workers must immediately alert the Sex Trafficking Prevention Unit by contacting the Senior Program Specialist assigned to the region or emailing CD.MissingYouth@dss.mo.gov.
Applicable Statutes:
Section 211.321 RSMo
Section 43.400 RSMo
Section 210.1012 and 11 CSR 30-10.020