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

Date: January 2024

Youths' Religious Rights
Citation: Ann. Stat. § 31-17-2-17; Indiana Bill of Rights for Youth in Foster Care

The child's legal custodian may determine the child's upbringing, including the child's education, health care, and religious training.

From the Indiana Bill of Rights for Youth in Foster Care: Youth in foster care have the right to the following:

  • To celebrate their cultural identity, traditions, and beliefs and be allowed to observe and practice their beliefs in a safe and supportive environment
  • To follow their own spiritual path, within reasonable limits

Agency Responsibilities 
Citation: Admin. Code Tit. 465, § 2-1.5-15; Indiana Bill of Rights for Youth in Foster Care

Foster parents must do the following: 

•    Respect the culture of the children placed in their care 
•    Make every attempt to support the child's culture 
•    Provide opportunities, if applicable, for the child to participate in activities related to their cultural heritage

Foster parents shall not prohibit the child's participation in the child's religious faith nor prohibit related religious activities. The foster parents shall make reasonable efforts to accommodate the child's participation in religious activities that are consistent with the child's religious faith.

Foster parents shall not have a child baptized or admitted into any religious organization without the child's consent and the written approval of the Department of Child Services (DCS) and the child's parent.

From the bill of rights: Youth have the right to be informed of their rights during their involvement in their case. They have the right to receive a written list of their Bill of Rights for Youth in Foster Care when their case begins and at least every 6 months prior to the case plan conference.

Addressing Grievances
Citation: Indiana Bill of Rights for Youth in Foster Care

If the youth think their rights have been violated or feel that something is wrong, they can do the following:

•    Talk with their case manager, the case manager's supervisor, and/or the local office director
•    File a grievance or complaint with the private foster care agency by contacting the foster care agency director
•    Request a child and family team meeting 
•    Contact their child advocate (child-appointed special advocate or guardian ad litem), if applicable
•    Go through the process of requesting a meeting/hearing with the judge
•    Contact the DCS ombudsman