Wisconsin Gov. Scott Walker answers questions from reporters on April 16, 2014, in Madison, Wis. Source: Scott Bauer/AP

Wisconsin’s Response to Re-Homing

In the wake of the 2013 Reuters investigative report on “re-homing”—which brought to light the virtually hidden practice of unregulated and unsafe use of online forums to ask strangers to take one’s adopted children permanently—it appears that Wisconsin has taken a step towards reducing instances of re-homing by prohibiting individuals not licensed by the state from advertising their children over one year of age online or in print for adoption. Wisconsin already had a ban on advertising children for adoption via other forms of media, such as television and newspapers; the Internet will now be added to this statute. A violation of this law could result in up to nine months in jail or $10,000 in fines.

Wisconsin’s new law also addresses another practice uncovered in the Reuters re-homing report, whereby the legal parents simply signed a power of attorney in order to transfer custody of their children to the “new” parents. Now, if Wisconsin parents want to transfer custody of their child(ren) to another for more than a year, they must go through a court review. Moreover, if the transfer of custody is to cross state lines, it must comply with the Interstate Compact on the Placement of Children (ICPC) or the transfer cannot occur. What’s important about this is that the ICPC requires home studies prior to placement as well as a level of judicial oversight in order to ensure that children placed across state lines receive the same protection and support as they would in their home state.

Currently there is no federal law expressly forbidding the practice of re-homing. According to Reuters, there is a bipartisan group of legislators requesting congressional hearings to address the practice, but currently no bills have been introduced. However, in addition to Wisconsin, Ohio, Colorado, and Florida have all introduced bills that would add a layer of protection from re-homing for adopted children.

Media & Children in Foster Care

Though Wisconsin’s law bans the use of media in advertising children for adoption, the law makes it clear that this applies only to individuals not licensed by the state. There are organizations, including state and federal agencies, that utilize the media as a tool for child-specific recruitment of adoptive parents for children in foster care. These agencies and organizations have in place carefully crafted policies that incorporate data privacy laws and are mindful of child safety concerns.

In Minnesota, the State has worked with KSTP (Channel 5) to feature a waiting child both online and during newscasts on Thursdays for a segment aptly titled Thursday’s Child. MN Adopt, a program contracted by the MN Department of Human Services, has a website with information about the children in Minnesota’s foster care system who are awaiting permanency.

National organizations also use the media in this way. AdoptUSKids, a project of the Children’s Bureau, utilizes their social media networks (Twitter and Facebook) as well as their website to feature children available for adoption in order to increase these children’s likelihood of finding a permanent, loving home.

Of course, in this age of technology, where parents are advised to not post photos of their children (and other details) online, and where child identity theft is not unheard of, particularly among those in foster care (Congress even passed a law in 2011 aimed to protect foster children’s credit and identities), agencies and organizations must be especially vigilant in how they use the media for child-specific recruitment. What are your opinions on using the media as a child-specific recruitment tool? Where (and how) does one draw the line between protecting a child’s right to privacy and enhancing a child’s permanency outcomes? Leave a comment below!