Religious Rights of Youth in Out-of-Home Care - North Carolina

Date: January 2024

Youths' Religious Rights
Citation: Gen. Stat. § 131D-10.1; DSS-1516

As stated in the Foster Care Children's Bill of Rights, a youth in foster care has the right to participate in school extracurricular activities, community events, and religious practices.

In policy: A youth in foster care has the right to preserve their own cultural heritage and faith. They also have the right to attend a place of worship that they choose (should they choose to attend any type of worship at all).

The foster parents cannot force the youth to adopt their values. The youth may talk to their foster parents or caregivers about the things they do to express their culture, such as eating or not eating specific foods or celebrating specific holidays. Even if the foster parents have different beliefs, they should support the youth's choice to continue their traditions and practice their religion. 

Agency Responsibilities 
Citation: Admin. Code Tit. 10, §§ 70E.1101; 701.0306; Foster Home Lic. Man., § VII.1100

Foster parents shall ensure that each foster child is provided with the following:  

  • Care that recognizes the child's cultural values and traditions 
  • Opportunities for spiritual development that do not deny the right to practice their religious beliefs 

A residential child-caring facility shall have a client's and family's rights policy that includes that each child has the right to the following:  

  • To receive care in a manner that recognizes variations in cultural values and traditions 
  • To be free from coercion by facility personnel regarding religious decisions 

The facility shall have a process to ensure that, whenever practical, the wishes of the parents or guardians regarding a child's religious participation are ascertained and followed.

In policy: Foster parents help children develop spiritually and morally by instructing children in basic values. They also encourage a child to grow spiritually and morally by maintaining the religious practices of the child's family of origin. Children in foster care have a right to be free of attempts to change their religious beliefs. Foster parents may not insist that the child participate in the religious activity of the family.

Addressing Grievances
Citation: DSS-1516

If the youth feels that their choices, culture, or religion are not being respected, they may talk to their caseworker. The caseworker may provide more training or information to the foster parents to help them learn how to support the youth. If the foster parents are still not supportive, the youth may talk to their caseworker about changing placements.