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

Date: January 2024

Youths' Religious Rights
Citation: Protocol for Reasonable and Prudent Parenting

In policy: Choosing and practicing a religion is generally considered among the rights that parents have with respect to their children that is protected by the U.S. Constitution and remains intact even when a child enters foster care. These rights are not limited by this protocol. Nevertheless, the following principles should be kept in mind when a youth asks to participate in a religious activity and when involving youth in a caregiver's religious practices:

  • The child's parents have the right to express preferences regarding religion, spirituality, or related activities for their child.
  • The age-appropriate child can choose the religious or spiritual activities in which they want to participate.
  • The caseworker can help negotiate any challenges related to differing religious and spiritual practice between the foster family, the child, and their birth family.
  • The foster family/caregiver's religion or spirituality may be an important part of their family life. They are allowed to invite a child to participate but may not impose a religious practice on the child.

Agency Responsibilities 
Citation: Ann. Code § 37-5-506; Rules & Regs. § 0250-04-09-.05; Admin. Pol. & Proc., § 16.8(I); Foster Parent Handbook

All children placed in private families shall be, as far as is practicable, placed with those of the same religious faith as the children themselves or their parents.

In regulation: The following provisions apply to all recipients of foster care services to children:

  • The agency's policies regarding religious practices and visits, mail, and telephone calls between the child and their families shall be given to the family in writing prior to admission. 
  • The agency shall respect the total heritage and religious preference of a child in care. 
  • The agency shall provide each resident with a clear definition of their rights, obligations, and responsibilities, including confidential aspects of their placement. 

In policy: Foster families make accommodations for children to participate in the religion or faith of their choice, depending on the child's wishes.

From the Foster Parent Handbook: Foster families should arrange for children to participate in the religion or faith of their choice. Any issues or questions that may arise should be discussed with the caseworker.

Addressing Grievances

This issue is not addressed in the laws and policies reviewed.