Religious Rights of Youth in Out-of-Home Care - South Dakota

Date: January 2024

Youths' Religious Rights
Citation: Foster Care Handbook

In policy: If religion is a factor in the child's life, the child's parents' preference will be recognized, and efforts will be made to accommodate the preference.

Agency Responsibilities 
Citation: Admin. Code § 67:42:09:18; Foster Care Handbook

The foster home shall meet the child's emotional and physical needs and, as appropriate and where possible, preserve the child's religious, racial, cultural, or Tribal heritage.

In policy: Children in foster care may attend the same church as the foster family. In some situations, the foster parents may be asked to transport a child to the child's church if it is a reasonable distance from their home. Children in foster care are not to participate in ceremonies of the foster family's religion (baptism, communion, etc.) unless permission has been received from the child's parents through the family services specialist and is allowed by the church.

Addressing Grievances
Citation: Ann. Laws § 26-1-3

A minor may enforce their rights by civil action or other legal proceedings in the same manner as a person of full age. However, a guardian or conservator must be appointed to conduct the same.