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

Date: January 2024

Youths' Religious Rights
Citation: Pa. Stat. Tit. 11, § 2633; Admin. Code Title 55, § 3800.32

Children in foster care shall be provided with the following:

  • Treatment with fairness, dignity, and respect
  • Freedom from discrimination because of race, color, religion, disability, national origin, age, or gender
  • An environment that maintains and reflects the child's culture as may be reasonably accommodated
  • Permission to participate in religious observances and activities and attend religious services of the child's preference or the religion of the child's family of origin or culture as may be reasonably accommodated

In regulation: A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age, or sex.

A child has the right to practice the religion or faith of their choice or not to practice any religion or faith.

Agency Responsibilities 
Citation: Admin. Code Tit. 55, § 3130.86

The county agency shall provide an opportunity for a child placed in a foster home or child-caring facility that it administers to participate in religious activities, services, and counseling, considering the choices specified by the parents or guardian or the child.

Addressing Grievances
Citation: Pa. Stat. Tit. 11, §§ 2633; 2634

Children in foster care shall be provided with the following:

  • The grievance policy and procedure from a county agency or private agency and in accordance with § 2634
  • The ability to file a grievance related to any of the provisions under this section to the appropriate official overseeing the child's care in accordance with a county or private agency's grievance policy and procedure

The Department of Public Welfare shall develop a model grievance policy and procedure for use by county and private agencies consistent with regulatory requirements and incorporating the provisions of § 2633. The model grievance policy and procedure shall be made available to all county and private agencies for their use within 30 days of the effective date of this act.

Each county or private agency shall adopt the model grievance policy and procedure or revise its current grievance policy and procedure to include the provisions of § 2633, no later than 45 days after the effective date of this act.