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

Date: January 2024

Youths' Religious Rights
Citation: Fam. Code § 263.008 (Foster Children's Bill of Rights)

It is the policy of this State that each child in foster care be informed of the child's rights provided by State or Federal law or policy that relate to the following:

  • Participation in school-related extracurricular or community activities
  • Interaction with persons outside the foster care system, including teachers, church members, mentors, and friends
  • Religious services and activities

Agency Responsibilities 
Citation: Fam. Code § 263.008; Admin. Code Tit. 40, § 700.1502; Substitute Care Res. Guide

It is the policy of this State that each child in foster care be informed of their rights provided by State or Federal law or policy. The Department of Family and Protective Services (DFPS) shall provide a written copy of the foster children's bill of rights to each child placed in foster care in the child's primary language, if possible, and shall inform the child of the rights described by the foster children's bill of rights.

A child placed in foster care may, at the child's option, sign a document acknowledging their understanding of the foster children's bill of rights after DFPS provides a written copy of the foster children's bill of rights to the child and informs them of the rights described by the foster children's bill of rights. If a child signs a document acknowledging their understanding of the foster children's bill of rights, the document must be placed in the child's case file.

In regulation: When screening prospective foster and adoptive parents, DFPS considers many factors, but there are no specific religion requirements. Applicants are evaluated based on the following:

  • Their willingness to respect and encourage a child's religious affiliation
  • Their willingness to provide a child opportunity for religious, spiritual, and ethical development
  • The health protection they plan to give a child if their religious beliefs prohibit certain medical treatment 

From the Resource Guide: Generally, caregivers include the child or youth in the worship services and religious practices that the caregiver follows unless there is a conflict with the child's or parent's religious beliefs. Efforts are made to accommodate the requests of the child and the child's parents to the extent possible, depending on the following:

  • The availability and proximity of resources
  • The supervision and treatment needs of the child
  • The desires of the child or youth
  • The situation and needs of the other foster children in the home as well as those of the foster family

Addressing Grievances
Citation: Fam. Code § 263.008

DFPS shall develop and implement a policy for receiving and handling reports that the rights of a child in foster care are not being observed. DFPS shall inform a child in foster care and, if appropriate, the child's parent, managing conservator, or guardian of the method for filing a report with DFPS under this subsection.

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