Religious Rights of Youth in Out-of-Home Care - Arkansas

Date: January 2024

Youths' Religious Rights
Citation: Ann. Code § 9-28-1003

A child in foster care has the right to be cared for without regard to race, gender, religion, or disability.

Agency Responsibilities 
Citation: Ann. Code § 9-28-106; DCFS Pol. & Proc. Man., Pol. VI-A; Resource Parent Handbook

If a child's birth parent expresses a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the parent, the Department of Human Services shall do either of the following:

  • Place the child with a family that meets the parent's religious preference
  • Place the child with a family of a different religious background that is knowledgeable and appreciative of the child's religious background if a family with the same or a similar religious background is not available

In policyIf the birth parent expresses a preference for placing a child in a home of the same or similar religious background to the parents, the Division of Children and Family Services (DCFS) will place the child with a family that meets the parent's religious background. If a family with the same or similar religious background is not available, DCFS will place the child with a family of a different religious background that is knowledgeable and appreciative of the child's religious background.

From the handbook: The resource parent must do the following:

  • Recognize, encourage, and support the religious beliefs, ethnic heritage, and language of children in their care
  • Arrange transportation to religious services or ethnic events for a child whose beliefs and practices are different from their own and who wishes to attend such events
  • Not coerce children into participation in religious activities or ethnic events against their will

Addressing Grievances

This issue is not addressed in the laws and policies reviewed.