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

Youths' Religious Rights
Citation: Ann. Code § 16.1-288

In placing a child under the guardianship or custody of an individual or of a private agency or institution, the court shall, whenever practicable, select a person, agency, or institution governed by persons of the same religious faith as that of the parents of the child, or in case of a difference in the religious faith of the parents and religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents or of the child, unless the parent or parents of the child waive such selection.

Agency Responsibilities 
Citation: Admin. Code Tit. 22, §§ 40-100-220; 40-151-870

A licensed child-caring institution shall be responsible for providing religious education and experience. Children shall be taught to respect the practices of different faiths and to accept the right to different forms of worship. Each institution shall have clearly defined policies regarding religious training for the information of those considering the placement of children in the institution.  

Children shall be encouraged to participate in religious activities but shall not be coerced.

The residential facility provider shall have and implement written policies regarding opportunities for residents to participate in religious activities. The provider's policies on religious participation shall be available to residents and any individual or agency considering the placement of a child in the facility.

Residents shall not be coerced to participate in religious activities.

Addressing Grievances
Citation: Admin. Code Tit. 22, § 40-151-980

The residential care provider shall develop and implement written policies and procedures governing the handling of grievances by residents. If not addressed by other applicable standards, the policies and procedures shall include the following:  

• Be written in clear and simple language 
• Be communicated to the residents in an age- or developmentally appropriate manner 
• Be posted in an area easily accessible to residents and their parents and legal guardians 
• Ensure that any grievance shall be investigated by an objective employee who is not the subject of the grievance 
• Require continuous monitoring by the provider of any grievance to ensure there is no retaliation or threat of retaliation against the child   

All documentation regarding grievances shall be kept on file at the facility for 3 years unless other regulations require a longer retention period.