Religious Rights of Youth in Out-of-Home Care - Rhode Island
Youths' Religious Rights
Citation: Gen. Laws § 42-72-15; Code of Rules § 214-40-00-4
Each child may receive their clergy, attorney, guardian ad litem, special advocate, or child advocate at any reasonable time.
No child shall be discriminated against based on race; color; religion; ancestry; national origin; gender; sexual orientation; gender identity or expression; socioeconomic status; mental, physical, developmental, or sensory disability; or by association with an individual or group who has, or is perceived to have one, or more of such characteristics.
In regulation: The Department of Children, Youth, and Families (DCYF) does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief, or handicap. The prohibition against discriminatory practices extends to the agencies, organizations, and institutions DCYF licenses.
Agency Responsibilities
Citation: Gen. Laws § 42-72-15; Code of Rules §§ 214-40-00-3; 214-40-00-4; 214-40-00-5
The children's bill of rights shall be posted in a conspicuous place within any secure facility for the residential housing of children. Every deliverer of services shall agree, in writing, to observe and post the children's bill of rights in a conspicuous place.
In regulation: A foster caregiver must not require or deny any religious observance or practice of a child in care, except upon the written request of the parent or guardian. The caregiver must notify and receive approval from DCYF before any change is made in the religious affiliation of a child in care.
A residential child-caring facility will have a written description of any religious affiliation and its observance of any religious practice. The policy will be provided to and discussed with the child, the parent, and DCYF. During the admission process, the program will determine the wishes of the parent and the child regarding religious participation. No facility may require a child to comply with any religious practices.
When selecting care, the agency shall take into consideration a child's racial, cultural, ethnic, and religious heritage and preserve them to the extent possible without jeopardizing the child's care.
Addressing Grievances
Citation: Gen. Laws § 42-72-15; Code of Rules §§ 214-40-00-4; 214-40-00-5
Any child aggrieved by a violation of the children's bill of rights may petition the family court for appropriate equitable relief. The family court shall have exclusive original jurisdiction.
In regulation: The child-caring facility will have a clear, written grievance procedure for children that explains the method of registering complaints and the protocol for resolving them. Each child will receive a written copy of the grievance procedure and this procedure will be explained in language that the child understands.
An agency shall have written procedures for redressing clientele's concerns, disagreements, complaints, and grievances to safeguard the legal rights of children served. Agency practice shall conform to the written procedures.