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

Date: January 2024

Youths' Religious Rights
Citation: DFCS Pol. Man., Pol. # 10-14

Birth parents of children in foster care retain certain residual rights, even though the Division of Family and Children Services (DFCS) holds temporary custody. Determining the child's religious affiliation is one of these. If the child is under voluntary placement authority, the parent is to advise DFCS on the voluntary placement agreement of the child's religious affiliation.

Agency Responsibilities 
Citation: DFCS Pol. Man., Pol. # 10-14

The DFCS case manager will do the following:

  • Ask children and their birth parents if they have any religious affiliation and address any concerns about the children participating in religious activities with the foster family 
  • To the extent possible, allow children to attend their own church, synagogue, or other place of worship and support participation by the birth parents 
  • Consult with the birth parents before allowing their children to participate in significant religious rituals and activities. (e.g., baptism)

If the wishes of the parent and other family members are unknown, then the foster parent and the case manager must plan how to best meet the spiritual development needs of the child. When appropriate, parents should be allowed to participate in religious activities that occur in their child's life. Given that foster parents may hold personal spiritual beliefs that differ from those of foster children or their birth parents, careful consideration must be given during the process of matching children and foster homes. By considering potential conflicts ahead of time, DFCS may avoid placement disruptions or placing children in homes where neither they nor their foster parents feel comfortable engaging in the spiritual practices of their choice.

Addressing Grievances
Citation: Civil Rights Pol. Man., Pol. # 3701; DFCS Pol. Man., Pol. # 1.16

The Georgia Department of Human Services (DHS), DFCS' Civil Rights Compliance policy is created to ensure DHS/DFCS and its contractors comply with laws, regulations, and policies prohibiting unlawful discrimination in the administration of DFCS programs, services, and activities. In any DHS program or activity, DFCS and its providers are also prohibited from discriminating based on religion.

DHS/DFCS and its providers must inform participants, applicants, and the general public of their program rights and responsibilities, their protection against discrimination, and the procedures for filing a discrimination complaint.

DFCS shall do the following:

  • Ensure that no individual is excluded from participation, denied the benefits, or otherwise subjected to discrimination under programs, services, and activities for which DFCS has responsibility on the grounds of race, color, national origin, sex, age, religion, or disability
  • Adopt a complaint procedure to provide for the prompt and equitable resolution of complaints that allege civil rights violations
  • Prohibit discouraging an individual from filing a civil rights complaint and any form of retaliation against anyone who files a complaint or cooperates in the investigation of a complaint