Religious Rights of Youth in Out-of-Home Care - Delaware
Youths' Religious Rights
Citation: Ann. Code § 2522
All dependent, neglected, and abused children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
- To have the opportunity to participate in age- or developmentally appropriate activities and experiences to promote healthy development and to have those opportunities explained to them in an age- and developmentally appropriate manner, consistent with the reasonable and prudent parent standard.
- To have these rights explained in an age-appropriate manner and, for youth aged 14 and older, to sign an acknowledgment that the rights have been explained and to receive a copy of the rights set forth in this section.
Agency Responsibilities
Citation: Admin. Code § 9-100-105(3.3)
In regulation: For a child admitted to a residential child care facility, the facility shall develop an admission agreement that includes the child's religious orientation and practices. The facility also shall inform the child's parent or legal guardian of the religious orientation and practices observed by the facility.
A residential child care facility shall do the following:
- Respect the religious preference of the child and their parent or legal guardian
- Ensure that each child is afforded opportunities to attend religious services or activities in their religious faith of choice
- Arrange for or ensure that other reasonable means are provided for the transportation of a child to services or activities that are off-site
- If the facility has a particular religious or denominational orientation, provide a written description of its orientation or beliefs to the child and to the child's parent or legal guardian prior to the child's admission or within 7 calendar days following the admission of the child
- Not require or coerce children to participate in religious services or activities; not discipline, discriminate against, or deny privileges to any child who chooses not to participate; and not reward any child who chooses to participate
- Recognize and consider the racial, cultural, ethnic, and religious backgrounds of children when planning various activities or religious services
Addressing Grievances
Citation: Ann. Code § 2522
All dependent, neglected, and abused children in DSCYF custody have the right to report any violation of their rights or the violation of the rights of others without being punished or retaliated against for such reporting.
Any child in DSCYF custody who is aggrieved by a violation of this section may motion to the court, through an attorney or court-appointed special advocate, for appropriate equitable relief.