Religious Rights of Youth in Out-of-Home Care - Wisconsin
Youths' Religious Rights
Citation: Admin. Code DCF 54.04; DCF 57.05; Child Welfare Lic. Memo 2012-02L
A child-placing agency shall provide services to children who need and seek its care without discrimination based on race or cultural identification, sex, sexual orientation, age, creed, ancestry, disability, political affiliations, religious beliefs, color, or national origin.
Each group home shall have a written program statement that shall include a nondiscrimination statement that indicates that the group home does not discriminate against a resident because of race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.
In policy: The purpose of this memo is to clarify resident's rights in residential care centers, group homes, foster homes, and shelter care, including as it relates to religious worship. All residents shall be provided with opportunities for voluntary religious expression, participation in religious education, and attendance at services compatible with the religious preference of the resident or a parent or guardian of the resident.
Agency Responsibilities
Citation: Ann. Stat. §§ 48.57; 48.61; Admin. Code DCF 56.09
A county Department of Children and Families or a child welfare agency shall have the authority to provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents.
In regulation: A foster parent must give the child in their care a reasonable opportunity to voluntarily participate or not participate in religious practices, activities, and services of the child's choice or the choice of the child's parents. Any discrepancy between the child's choice and the choice of the child's parents shall be resolved by the child's caseworker.
Addressing Grievances
Citation: Admin. Code DCF 52.21; Child Welfare Lic. Memo 2012-02L
At the time of admission to a residential care center, center staff shall give the new resident and the resident's parent or guardian and legal custodian a copy of the grievance and complaint procedures with an explanation of the process.
In policy: No resident may be denied their rights or have them limited, except for the following rights and only when medically or therapeutically contraindicated:
- To make telephone calls
- To wear their own clothing
- To have the use of personal possessions
- To have access to secure storage space
- To have privacy in toileting and bathing
- To have visitors daily
If the resident's rights are going to be limited or denied, the facility must document the denial or limitation and put the documentation in the resident's treatment record. Form F-26100, Client Rights Limitation or Denial Documentation may be used. (See the Client Rights website, which includes a link to the form.)
No other resident rights may be limited or denied.