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

Date: January 2024

Youths' Religious Rights
Citation: Welf. & Inst. Code § 16001.9

All children placed in foster care shall have the following rights:

  • To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends 
  • If the child is an Indian child, to have the right to have contact with Tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian child's Tribe
  • To attend religious services, activities, and ceremonies of the child's choice, including, but not limited to, engaging in traditional Native American religious practices

An Indian child in foster care has the following rights:

  • To be free from discrimination based on their affiliation with an Indian Tribe or Alaskan village
  • To live in a home that upholds the prevailing social and cultural standards of their Indian community

From 'Caregiver FAQs'Every child in foster care has the right to engage in the religion that was practiced in their family of origin or the religion of their choice. Children in foster care cannot be compelled to participate in a religion that is not of their own choice.

Agency Responsibilities 
Citation: Welf. & Inst. Code § 205

All commitments to institutions or for placement in family homes under this chapter shall be, so far as practicable, either to institutions or for placement in family homes of the same religious belief as that of the person so committed or of their parents or to institutions affording opportunity for instruction in such religious belief.

Addressing Grievances
Citation: Welf. & Inst. Code § 16001.9

All children placed in foster care shall have the right to be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the Tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.