Religious Rights of Youth in Out-of-Home Care - Michigan
Youths' Religious Rights
Citation: Admin. Code R 400.12314; 400.4134; Children's Serv. Agency Pol. DHS-5307
A foster child shall not be required to attend religious services or follow specific religious doctrine.
The child-caring institution shall have and follow a policy on religious/spiritual participation that contains, at a minimum, both of the following:
- A resident shall not be prohibited from participating in religious activities and services in accordance with their own faith and parental direction as long as the participation does not conflict with the safety and security of the facility.
- A resident shall not be compelled to attend religious services or religious education nor be disciplined for failing to attend.
In policy: A youth in foster care has the right to attend or not attend religious services of their choice and practice their religion if they choose.
Agency Responsibilities
Citation: Comp. Laws § 722.958b; Admin. Code R 400.12314; 400.4134; Children's Serv. Agency Pol. DHS-5307
The Department of Health and Human Services shall develop a children's assurance of quality foster care policy. The policy shall ensure that children placed in foster care have access to and participate in religious activities, cultural activities, or both, taking into consideration the foster parent's schedule and resources.
In regulation: A child-placing agency's religion policy shall, at a minimum, ensure that the foster child has the opportunity to receive religious instruction and attend religious services. A foster child shall not be required to attend religious services or follow specific religious doctrine.
A child-caring institution shall have and follow a policy on religious/spiritual participation that contains, at a minimum, both of the following:
- A resident shall not be prohibited from participating in religious activities and services in accordance with their own faith and parental direction as long as the participation does not conflict with the safety and security of the facility.
- A resident shall not be compelled to attend religious services or religious education nor be disciplined for failing to attend.
The institution shall provide the policy to parents and referral sources prior to or at admission.
In policy: The agency shall provide an opportunity for the child to have spiritual enrichment and education in accordance with the child's own statement of preference. Children shall not be coerced to affiliate with any religious organization if there is no religious preference identified.
Addressing Grievances
Citation: Children's Serv. Agency Pol. DHS-5307
A youth in out-of-home care who feels that their rights are being violated may do the following:
- The youth can explain what is happening to their caseworker, parent, guardian, lawyer guardian ad litem, or foster parent.
- If they continue to feel their rights are being violated, they may contact their caseworker's supervisor and explain the situation. They can ask to talk with their caseworker's supervisor in private.
- Every agency is required to provide youth with their grievance procedure. If youth still feel their rights are being violated, the youth's caseworker can assist them with filing a grievance with their agency.
- If a youth's concerns have not been resolved after following the prior three steps, they can contact the Michigan Department of Health and Human Services Office of Family Advocate.