Religious Rights of Youth in Out-of-Home Care - South Carolina
Youths' Religious Rights
Citation: Code of Regs. § 114-593; Pol. & Proc. Man. Ch. 7, § 720
Each child placed in a residential group care facility shall be provided with opportunities for voluntary religious expression, participation in religious education, and attendance at services compatible with the religious preference of the child or a parent or guardian of the child.
In policy: As articulated in the standards of care, children in foster care are entitled to receive religious education in accordance with the expressed wishes (if any) of the birth parents.
Agency Responsibilities
Citation: Code of Regs. §§ 114-593; 114-594; 114-550
A residential group care facility shall provide care that is respectful toward the beliefs, interpersonal styles, attitudes, and behaviors of children and families of various cultures.
Food shall be available and provided to children in sufficient quantities and varieties and shall provide for nutritional and dietary needs. In planning menus, the religious practices and cultural patterns of the children shall be considered, and foods offered accordingly.
Appropriate activities for children's participation shall include church activities. The agency shall require reasonable advance notice when an activity involves one of the following situations:
- The activity contravenes a birth family's expressed wishes or belief system (if parental rights have not been terminated or if a relationship between the child and their kin still exists after termination).
- The activity involves an important social, cultural, or religious event (e.g., baptism, confirmation, bat/bar mitzvah, etc.).
The facility shall seek agency authorization in situations in which the agency or birth parent must sign or consent as the child's legal guardian.
Changing a child's religion or involving a child in activities related to a religion against the birth family's wishes (if parental rights have not been terminated or if a relationship between the child and their kin still exists after termination) shall not constitute reasonable and prudent parenting decisions and shall require agency authorization.
A child-caring institution serving at-risk and confirmed victims of child sex trafficking must have a policy that clearly states that a youth will not be discriminated against based on their religious preferences. Services must not be contingent upon their engagement in religious activities. Mandated religious activities are prohibited.
Religious and spiritual issues must be addressed as part of the comprehensive case management process and agencies must follow the youth's lead in determining appropriate engagement or participation. If federally funded, religious programming must be conducted outside of the funded program.
In a foster family home, religious education shall be in accordance with the expressed wishes of the natural parents, if such wishes are expressed.
Addressing Grievances
Citation: Pol. & Proc. Man. Ch. 7, § 760.1
Foster family and licensing support staff shall contact all foster families face-to-face monthly for the first 3 months the home is licensed and at least quarterly thereafter to support the family and confirm ongoing compliance with standards of care.
Upon receiving a complaint of a license violation by a foster parent, the licensing support coordinator (FSC) shall staff the complaint with their supervisor to determine what actions or steps are necessary. The FSC shall schedule a visit with the foster family to occur within 5 working days. Upon completion of the evaluation regarding the violation, the FSC shall inform the foster parent by letter of the outcome and file a copy in the licensing record.
If the licensing complaint is verified and the problem is satisfactorily resolved, the FSC shall do the following:
- Confirm that the foster parent takes necessary and adequate remedial action (and assist if necessary)
- Discuss the remedial action plan and its ongoing status with their supervisor
- Document in writing the satisfactory completion of remedial action by letter to the foster parent
- Put a copy of the letter in the licensing record
- Send a copy of the letter to the foster care/intensive foster care and clinical services (IFCCS) worker and/or State office, depending on whether the complaint comes from that source
If the licensing complaint is verified and the problem is not satisfactorily resolved, the FSC shall discuss the situation with their supervisor and amend the current license to reflect the situation or, in extreme cases, take steps to revoke the license and close the home.
The FSC shall keep the foster care/IFCCS worker of each child in the foster home informed of the situation and of any actions that may be needed on behalf of the child, including the possibility of removal if the license is revoked.