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

Date: January 2024

Youths' Religious Rights
Citation: Foster Youth Handbook

From the handbook: A youth in foster care has the following rights:

  • To be treated fairly and without discrimination or put-downs because of their race, gender, age, sexual orientation, disabilities, or religious beliefs
  • To practice their cultural traditions and religious faith in reasonable ways and with programming supports 

Agency Responsibilities 
Citation: Admin. Code § 75-03-14-05; Foster Parent Handbook, Ch. 4, § 6

Foster care providers must provide opportunities for a child in foster care to attend religious ceremonies chosen by the child in foster care or that child's parents within the community in which the foster family resides. The foster care providers must respect and not interfere with the religious beliefs of the child and the natural family.

In policy: Foster care providers and agencies are not given the decision-making capacity for religious choice. Exceptions may occur when decisions may harm or compromise the safety and welfare of a child or when adolescents object to their parent's religious decision. Youth have the right to state if they would like to experience a different religion than their family. If religious decisions or choices have not been made by the child's parents, foster care providers must work together with the foster care case manager to discuss the needs of the child regarding religious participation.

Foster care providers should be made aware of the cultural background (including ethnicity and family traditions) of the children in their care. Children in foster care should have opportunities to learn about and participate in those activities that are unique to their particular background.

Addressing Grievances
Citation: Foster Youth Handbook

If the youth in foster care feels that they are not being treated fairly, they may reach out to the adults who manage their case for help, clarification, or questions. The initial contact should be with their case manager. They also may consult with their case manager's supervisor, custodial agency director, regional human service supervisor, and guardian ad litem.

If they feel that the problem is not being resolved, they may call the North Dakota Department of Human Services, Children & Family Services and ask to speak to the foster care, permanency, or the John H. Chafee Foster Care Program for Successful Transition to Adulthood Chafee program administrator.