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

Youths' Religious Rights
Citation: Code of Rules § 10-144-036

A resident within a children's residential care facility has the right to be free from discrimination. Residents must be provided services without regard to race, age, national origin, religion, disability, sex, sexual orientation, or family composition.  

Agency Responsibilities 
Citation: Rev. Stat. Tit. 22, § 4063; Child & Fam. Ser. Man., § V(D)(B)(3); Code of Rules §§ 10-148-009; 10-144-036

If the parents of a child in the custody of the Department of Health and Human Services (DHHS) request in writing that the child be placed in a family of the same general religious faith for foster care or adoption, the department shall do so when a suitable family of that faith can be found.

In policy: Placement is to be made with consideration of families where cultural, ethnic, and religious practices will be continued, valued, and advanced. If the foster family selected is not of the same ethnic heritage or general religious faith as the child, the foster family is expected to accept the child's differences and facilitate the child's participation in their religious and ethnic community. The foster family may not impose their religious beliefs on the child.

In regulation: If applicable, an emergency shelter shall adopt a written policy regarding its religious orientation, particular religious practices that are observed, and any admission restrictions based on religion. The following rules apply:

• Children may be encouraged by the facility to participate in religious activities, but they shall not be coerced to do so. 
• The facility shall allow each child the opportunity to participate in religious activities and services in accordance with the child's own faith or that of the child's parent(s) or guardian. 
• Wherever feasible, the facility shall permit the child to attend religious activities and services in the community and, when necessary, shall arrange transportation. 

Addressing Grievances
Citation: Rev. Stat. Tit. 22, § 4087-A; Code of Rules § 10-144-036

The ombudsman program is established as an independent program within the Executive Department to provide ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Health and Human Services. The program shall consider and promote the best interests of the child involved, answer inquiries, and investigate, advise, and work toward the resolution of complaints of infringement of the rights of the child and family involved.

The first priority in the work of the program must be case-specific advocacy services. The program may provide services to individuals to assist them in protecting their rights. Information about the services of the program and any applicable grievance and appeal procedures must be given to all children and families receiving child welfare services from the department.

In regulation: A child residing in a children's residential care facility has the right to freedom from violation of rights. Suspected violations of the rights of residents in a children's residential care facility as set out in this rule and applicable statutes must be reported to the DHHS, Office of Child and Family Services for residents younger than age 18 or the DHHS, Office of Aging and Disability Services for residents aged 18 and older.