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

Youths' Religious Rights
Citation: Code of Rules § 18-006-101

A youth aged 14 and older in the custody of the Mississippi Department of Human Services (MDHS) has the following rights:

• To receive fair treatment, whatever their race, ethnicity, religion, or national origin.
• To be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation
• To have their own identity, values, freedom to express their emotions, hopes, plans, goals, and religion/spirituality
• To attend their choice of community, school, and religious services and activities to the extent that it is right for them

A child aged 13 and younger in foster care has the following rights:

• To fair treatment, whatever their gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation 
• To have the right to be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation 

Agency Responsibilities 
Citation: Code of Rules § 18-006-104; MDCPS Fost. Care Pol. Man. (VII)(B)(11)

Once a child enters foster care, the caseworker will identify the religious beliefs and/or affiliations of the child. Every effort to continue the child's religious traditions will be made. A child's religion should be considered in determining appropriate placement for the child. If a child is not able to be placed with a resource family of the same religious beliefs and/or affiliations, then opportunities will be provided by the resource family for the child to participate in religious activities consistent with the child's beliefs. The caseworker will assess and document these activities.  

In policy: Within 5 calendar days of being placed into the custody of the Mississippi Department of Child Protection Services (MDCPS), all age- and developmentally appropriate children shall receive a written summary of their rights and responsibilities, which will be fully explained to each child using age-appropriate language. Youth currently in custody that have reached age 14 shall be given the Notice of Rights and Responsibilities for Youth 14 and Older in Foster Care within 30 calendar days of their 14th birthday.

The rights and responsibilities shall be reviewed at each family team meeting thereafter. These rights and responsibilities for youth ages 14 and older and children ages 13 and under include the following:

• A description of the child's rights, including the obligations MDCPS has to the child
• Basic expectations for use of MDCPS services
• Hours that services are available
• A clear explanation of how to lodge complaints, grievances, or appeals
• A clear explanation of confidentiality and its limits

The original signed rights and responsibilities form shall be filed in the child's case record, and a copy shall be given to the child.

Addressing Grievances
Citation: Code of Rules § 18-006-101

A youth aged 14 and older who is in the custody of the MDHS has the responsibility to let someone know if they feel they have been treated unfairly by doing the following:  

• Talk with their caseworker about the problem. 
• If the problem is not resolved, ask their caseworker or another caseworker to arrange for the youth to talk with the area social worker supervisor (ASWS). 
• If the problem is still not resolved, ask ASWS to let the youth talk with the regional director.
• If there is still a problem, call the State complaint/grievance unit. 

A child aged 13 and younger in foster care has the responsibility to let someone know if they feel they have been treated unfairly by doing the following:  

• Talk with their caseworker about the problem. 
• If the problem is not fixed, ask their caseworker or someone else to arrange for the child to talk with the ASWS. This person is the caseworker's boss. 
• If the problem is still not fixed, ask the ASWS to let the child talk with their boss. 
• After all of that, if there is still a problem, call the State complaint/grievance unit.