Religious Rights of Youth in Out-of-Home Care - Wyoming
Youths' Religious Rights
Citation: Code of Rules 049-0029-3, § 28
An organization shall respect the religious preference of the child and their parent(s) or legal guardian and shall ensure that each child is afforded opportunities to attend or participate in religious services or activities in their religious faith of choice that are deemed essential by the faith's judicatory, limited only by documentation showing a threat to the safety of persons involved in such activity or that the activity itself disrupts order in the facility.
Agency Responsibilities
Citation: Ann. Stat. § 14-6-429; Code of Rules 049-0029-3, §§ 23; 28
In placing a child in the custody of an individual, private agency, or institution, the court shall give primary consideration to the needs and welfare of the child. Where a choice of equivalent services exists, the court shall, whenever practicable, select a person, agency, or institution governed by persons of the same religion as that of the parents of the child. In case of a difference in the religious faith of the parents, then the court shall select the person, agency, or institution governed by persons of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either parent.
In regulation: All organizations that provide substitute care services shall develop and maintain a child's rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following:
- Every child and family shall have the right to be free from abuse, financial or other exploitation, retaliation, humiliation, and neglect.
- Every child and family shall have equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, socioeconomic status, or gender.
- The dignity of every child and family shall be recognized and respected in the delivery of services.
Written policy, procedure, and practice shall ensure and facilitate children's access to the legal system and confidential contact with legal and spiritual counsel. Each child's record shall document that they are familiar with their rights and have signed a statement to that effect if age appropriate.
An organization that has a particular religious or denominational orientation shall provide a written description of its orientation or beliefs to the child and to the child's parent(s) or legal guardian prior to the child's admission or within 7 consecutive calendar days following the admission of the child.
If an organization requires mandatory religious observance or mandatory church attendance, information shall be shared and consent given from the child and parent(s) or legal guardian or both upon admission. Nonmandatory religious programs shall not require or coerce children to participate in religious services or activities; shall not discipline, discriminate against, or deny privileges to any child who chooses not to participate; and shall not reward any child who chooses to participate.
The child's parent(s) or legal guardian shall provide written authorization regarding any change in religious affiliation by the child while they are in care.
An organization shall recognize and consider the racial, cultural, ethnic, and religious backgrounds of children when planning various activities or religious services.
Addressing Grievances
Citation: Code of Rules 049-0029-3, § 29
The organization shall develop, adopt, follow, and maintain on file written policies and procedures governing the grievance process, including the following:
- The person has the option to notify the Department of Family Services (DFS) if the grievance is not resolved to a satisfactory level.
- The grievance policy shall be provided and explained to the child and their parent or legal guardian at the time of admission.
- The DFS certifying authority shall provide the facility with the toll-free hotline number to be displayed with the grievance policy in all living spaces.