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

Youths' Religious Rights
Citation: Code of Regs., Tit. 13, §§ 35-71.070; 35-73.050

Each child shall have the opportunity for religious experience and attendance at religious activities and services within their family's religious preference and in agreement with any service plan.  

Agency Responsibilities 
Citation: Ann. Stat. §§ 211.221; 210.564; Code of Regs., Tit. 13, §§ 35-60.050; 35-71.070; 35-73.050

In placing a child with an individual or private agency, the court shall whenever practicable select either a person or an agency governed by persons of the same religious faith as that of the child's parents, or in case of a difference in the religious faith of the parents, then of the religious faith of the child or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.

The Children's Division within the Department of Social Services shall provide every school-aged child in foster care and their foster parent with an age-appropriate orientation and explanation of the foster care bill of rights. Any division office, residential care facility, child-placing agency, or other agency involved in the care and placement of foster children shall post the foster care bill of rights in the office, facility, or agency.

In regulation: Foster parent(s) shall provide for the moral training of foster children in care and shall make opportunities available for religious education and attendance of services compatible with the child's religious heritage, provided that this training would not be injurious to the foster child's physical, mental, or emotional health.  

Foster parent(s) shall support a foster child's cultural identity and individuality in foster care.  

Prior to admission, a residential treatment agency shall provide the parent(s), guardian, or legal custodian and, when appropriate, the child with a written description of the agency's religious requirements and practices. Upon admission, if the agency requires mandatory religious observance or mandatory church attendance, the consent of the parent(s), guardian, or legal custodian shall be obtained and explained to the child.  

The child's parent(s), guardian, or legal custodian shall provide written authorization regarding any change in religious affiliation by the child while they are in care. Children shall be permitted to attend religious activities and services in the community by treatment plan.  

Upon admission, a child-placing agency shall provide the parent(s), guardian, or legal custodian and, when appropriate, the child with a written description of the agency's religious requirements and practices.  

If the agency requires mandatory religious observance or mandatory church attendance, the consent of the parent(s), guardian, or legal custodian shall be obtained and explained to the child upon admission. The child's parent(s), guardian, or legal custodian shall provide written authorization regarding any change in religious affiliation by the child while they are in care.  

Addressing Grievances
Citation: Handbook for Youth in Alternative Care

In policy: Filing a Complaint (Grievance): If a youth in out-of-home care has a concern about the services they have received through the Children's Division, they may file a grievance. Anyone who received services within the last 30 days can file a grievance. If a child under age 12 would like to file a grievance, they will need the help of a parent, guardian, out-of-home care provider, or guardian ad litem (GAL).

To file a grievance, the youth must visit their local Children's Division office and ask for a Service Delivery Grievance Form (CS-131), follow the instructions, complete Section A of the form, and return it to the local office.

The grievance process cannot help with complaints about a court ruling, a current State statute, judicial assignments (including the GAL or court-appointed special advocate), foster/adoptive licensing revocations or denials, or any subsidy denials.