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

Date: January 2024

Youths' Religious Rights
Citation: Rev. Stat. § 587A-3.1; Admin. Code § 17-1625-44

A child in foster care has the right to have the ability to exercise their own religious beliefs, including the refusal to attend any religious activities and services.

In regulation: The religious faith and cultural heritage of each child shall be respected. The child shall be provided the opportunity to attend the church, temple, Sunday school, and religious and cultural activities of their legal custodian, or in the custodian's absence, of the child's choice.

Agency Responsibilities 
Citation: Rev. Stat. § 587A-3.1

The Department of Human Services or an authorized agency shall ensure, whenever possible, that a child in foster care will have the ability to do the following:

  • To exercise their own religious beliefs, including the refusal to attend any religious activities and services
  • To be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, or religion

Addressing Grievances
Citation: Rev. Stat. § 587A-3.1

Upon appropriate motion, the family court may issue any necessary orders to any party, including the department, guardian ad litem, or court-appointed special advocate to ensure the child is provided with the rights enumerated in this section.