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

Date: January 2024

Youths' Religious Rights
Citation: Admin. Code §§ 5101:2-5-35; 5101:2-7-11; Foster Youth Rights Handbook

A child placed in out-of-home care has the right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion.

From the handbookThe youth may communicate their religious preferences to their caseworker and resource caregiver. They can ask to attend a religious instruction of their choice. The faith-based community can be a strong support system when a youth enters foster care, and they have a right to maintain those relationships. The youth cannot be punished for expressing religious beliefs or thoughts. The youth can also choose to abstain from religious meetings or events. They cannot be forced to attend a religious service.

Agency Responsibilities 
Citation: Admin. Code §§ 5101:2-1-01; 5101:2-7-11; 5101:2-9-19; Foster Youth Rights Handbook

'Religious coercion' may include, but is not limited to, the following:

  • Being required to accompany the foster caregiver or other residents of the foster home to religious services but allowed to sit outside the area where the service actually occurs
  • Being given extra chores to perform or being required to read or listen to specific material while others attend religious services
  • Being required to view or listen to specific religiously oriented television, video tapes, or music

A foster caregiver shall permit a foster child to practice the chosen religious faith of the foster child or the foster child's parents unless it is determined and documented in the child's case plan by the custodial agency that it is not in the child's best interests. A foster caregiver shall not subject a foster child to any form of religious coercion.

A child shall not be baptized or submitted to any religious procedures without prior consent of the child according to their age and functioning level and prior approval of the child's parent, guardian, or custodian.

A residential child-caring facility shall permit a child to practice the chosen religious faith of the child or their parent(s) and shall not subject a child to any form of religious coercion.

From the handbook: The youth's caseworker and resource caregiver should acknowledge and respect the youth's religious choices. The caseworker and resource caregiver cannot try to restrict the youth's behavior, relationships, or participation in events because of their own morals or beliefs.

Addressing Grievances
Citation: Admin. Code § 5101:2-9-24; Foster Youth Rights Handbook

A residential child-caring facility shall have a complaint policy and procedure written in clear and simple language that shall be given and explained to the child and family at the time of the child's admission to the facility. The facility shall ensure that a child or family member is not required to transmit a complaint through the staff member who is the subject of the complaint. The facility also shall ensure against retaliation by staff or by other children against the person making the complaint.

A residential facility shall do the following:

  • Establish a procedure to make every effort to ensure that any complaint is resolved within 30 days of the filing of the complaint 
  • Ensure unresolved complaints are reviewed by the administrator of the facility or designee within 30 days of the filing of the complaint 

For any complaint not resolved within 30 days, a written explanation of the reason why the complaint has not been resolved within 30 days shall be placed in the child's record. A written report of each complaint and the resolution shall be compiled, and a copy placed in the child's record.

From the handbook: The Office of the Youth and Family Ombudsman can do the following:

  • Receive complaints from any youth in foster care, as follows:
    • Complaints may be made anonymously.
    • All information submitted will be kept confidential.
  • Review the youth's complaints and questions, including the following:
    • The youth has questions about the services being provided or not being provided.
    • The youth feels that their rights are being denied or ignored.
  • Investigate and attempt to resolve complaints

Youth have the right to file a complaint and receive help without being retaliated against. Examples of retaliation may include, but are not limited to, threats, punishments, or denial of privileges. If the youth believes that they have been retaliated against, they may reach out to the youth ombudsman.