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

Youths' Religious Rights
Citation: Ann. Stat. Tit. 10A, § 1-9-119.1

A child in foster care has the right to freely exercise their own religious beliefs, including refusing to attend any religious activities and services.

Agency Responsibilities 
Citation: Ann. Stat. Tit. 10A, § 1-4-705(A); Admin. Code Tit. 340, §§ 75-7-41; 75-7-37

When placing a child in the custody of an individual, a private agency, or an institution, the court and the Department of Human Services (DHS) shall, if possible, select a person, agency, or institution governed by persons of the same religious faith as that of the child's parents, or in case of a difference in the parents' religious faith, then of the child's religious faith.

In regulation: Consideration is given to the parent's wishes regarding religious preference when the department selects a placement provider for the child in department custody.

The resource parent's responsibilities to the child placed in foster care and the child's family include promoting and supporting the child's opportunity to participate in the religious practices of the child's family's choice.

Addressing Grievances
Citation: Ann. Stat. Tit. 10A, § 1-9-119.1; Admin. Code Tit. 340, § 75-14-2

Any child aggrieved by a violation of these rights may seek intervention by a court with jurisdiction over the child to make it aware of the grievance and obtain, if warranted, appropriate equitable relief. The court, in its discretion, may waive the prior exhaustion of administrative remedies. Nothing in this section, however, shall be construed to create a private cause of action or claim on the part of any individual, the department, the Office of Juvenile Affairs, or any child-placing agency.

In regulation: A child in DHS custody has the right to file a grievance about the foster care services provided or received without fear of reprisal or discrimination. The grievance is filed with the Office of Client Advocacy (OCA).

After exhausting the remedies available through the OCA grievance process, a child in DHS custody may request intervention from the district court with jurisdiction over their case to obtain relief.