Religious Rights of Youth in Out-of-Home Care - Arizona
Youths' Religious Rights
Citation: Ann. Stat. § 8-529(A)
A child in foster care has the right to attend community, school, and religious services and activities of their choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.
Agency Responsibilities
Citation: Ann. Stat. § 8-529(C); Admin. Code R21-6-318
The Department of Child Safety shall provide information regarding a child's rights pursuant to this section and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care plan. The information shall also include the telephone number and email address of the department, the child's assigned case manager, the department's office of the ombudsman and the ombudsman-citizens aide. A copy of these rights shall be posted in a conspicuous place in all foster care and group homes.
In regulation: The foster parent shall do the following:
- Protect and support a foster child's right to participate in the child's religious and cultural practices
- Coordinate with the child-placing agency to provide opportunities for a child in foster care to participate in their religious and cultural activities
- Not compel the child to participate in the foster parent's religious or cultural activities if it is contrary to the child's cultural or religious practices or the wishes of the child's birth parent
If a foster parent's religious or cultural practices conflict with those of a child placed in their care, the foster parent shall notify the child-placing agency so that alternative arrangements may be made.
Addressing Grievances
Citation: Ann. Stat. § 8-529(D)
If a child who is in foster care or kinship foster care believes that their rights under this section have been violated, the child or their representative may do the following:
- File a complaint with the department, the department's office of the ombudsman, or the ombudsman-citizens aide pursuant to § 41-1376. A formal grievance may be initiated with the ombudsman at any time.
- Notify the juvenile court in the child's ongoing dependency, severance, or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child.