Religious Rights of Youth in Out-of-Home Care - New Jersey

Date: January 2024

Youths' Religious Rights
Citation: CP&P 5-44

In policyIn the Youth Bill of Rights, a child or adolescent in out-home-placement is given the following rights:

  • To practice their religion or spiritual exercises of their choice
  • To live in a safe environment free from physical, mental, psychological, emotional abuse, corporal punishment, exploitation, or needless physical control or isolation
  • To not be discriminated against in the out-of-home placement based on age, race, color, national origin, disability, gender identity, gender expression, religion, or sexual orientation 

Agency Responsibilities 
Citation: Ann. Stat. § 30:4C-26; Admin. Code § 3A:51-6.5; CP&P 5-44

Whenever the circumstances of a child are such that their needs cannot be adequately met in their own home, the Division of Family Development may place the child in a resource family home, a group home, or in an appropriate institution if such care is deemed essential for the child. The division shall make every reasonable effort to select a resource family home, a group home, or an institution of the same religious faith as the parent or parents of such child.

In regulation: The resource family parent shall do the following:

  • Ensure that the child in placement is afforded the opportunity to attend religious activities and services in the community in accordance with the faith of the child's parent. 
  • Provide or arrange transportation if the child in placement wishes to attend religious activities or services. 
  • Not coerce or require a child in placement to participate in religious activities, nor punish a child in placement who chooses not to participate in religious activities.  

The resource family parent may include the child in placement in the resource family parent's religious activities or services if the child expresses such interest and the child's parent consents.

In policy: Youth have the right to be informed of their rights in a meaningful and age-appropriate way and to have those rights read and explained to them.

The Youth Bill of Rights will be presented to the youth starting at age 12 and annually thereafter while they are in out-of-home placement. The youth must be given a copy of the rights, which have been signed by the youth and filed in their case plan.

Addressing Grievances
Citation: CP&P 5-44

Youth in out-of-home care have a right to the following:

  • To be informed of how they may raise concerns about their care and treatment
  • To raise concerns or file a complaint about their treatment