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

Youths' Religious Rights
Citation: Rules & Regs, Tit. 18, § 444.7; Foster Parent Man., Ch. 4; Youth Bill of Rights

Children cared for in a host family home have the right to enjoy freedom of thought, conscience, cultural and ethnic practice, and religion.  

In policy: Birth parents have the right to determine their children's religion and to request that their children be placed in a foster home of the same religious faith. If possible, such a request must be honored when it is in the child's best interests.

From the Bill of Rights: A child or young adult in foster care in the State of New York has the right to the following:

• To not be discriminated against based on race, creed (faith or beliefs), color, national origin, age, religion, sex, gender identity or gender expression, sexual orientation, marital status, disability (physical, emotional, cognitive), or because they are in foster care
• To be supported to freely practice their religion, culture, and traditions

Agency Responsibilities 
Citation: Soc. Serv. Law § 373; Rules & Regs, Tit. 18, § 441.11; Foster Parent Man., Ch. 4

Whenever a child is placed in a family, a home, an institution, or to an authorized agency or in the custody of any person other than that of a relative, such placement shall be, when practicable, with a person of the same religious faith as that of the child. In appointing guardians of children or granting orders of adoption, the court shall, when practicable, appoint a guardian or grant an adoption only to a person of the same religious faith as that of the child.

Whenever a child is placed with a person of a religious faith different from that of the child, the court or other official shall state for the record the reason the placement was made contrary to the religious faith of the child. These provisions for protecting the religious faith of children shall also apply to minors aged 16 through 18.

In regulation: Each child-caring agency shall be responsible for the religious and moral welfare of every child in its care and shall include in its policy manual a positive policy on matters pertaining to religious observance, instruction, and training. Provision shall be made for each child to attend services conducted in their own religious faith and to receive instruction in such faith unless the parents or surviving parent or legal guardian expressly request otherwise in writing. 

A child being cared for in an out-of-home placement shall, when practicable, be under the care and supervision of persons of the same religious faith. Except for temporary or emergency care or under exceptional circumstances, no child shall be placed with persons not of the same religious faith as the child, but in any case, the religious faith of the child must be preserved and protected. Voluntary authorized agencies that care for children of different religious faiths shall make provision for the protection of the religious faith of each child.

The religion of a child in care shall not be changed, except at the written request of the child's parents, surviving parent, or legal guardian.

In policy: The foster parent should make every reasonable effort to enable the child to practice their religious faith even if it is different from their own. This means arranging for the child to attend services conducted in their own religious faith and to receive instruction unless the birth parents expressly request otherwise in writing. The child's religious faith designation cannot be changed except by written request of the parent.

The agency must obtain the birth parents' consent for a foster child to be baptized. All religious certificates (baptism, first communion, confirmation, bar/bat mitzvah, etc.) must be recorded in the child's legal name, never in the name of the foster parent.

Addressing Grievances
Citation: Youth Bill of Rights

If a child or young adult in foster care feels that their rights have not been respected by someone on their case planning team, they can report it. They will not get in trouble or be punished. They can do the following:

• Explain their concerns to their caseworker, parent, or guardian, and possibly the judge at their court case. They can ask to talk with their caseworker in private. 
• Contact their caseworker's supervisor and explain the situation. They can ask to talk with their caseworker's supervisor in private. 
• Contact their lawyer. Conversations with the lawyer are completely private. The lawyer cannot tell anyone else what the youth talked about unless the lawyer has the youth's permission or if their safety is at risk. 
• Contact the regional office of the Office of Child and Family Services.