Library: Policy
340:75-6-49. Religious and cultural observation
Revised 9-17-18
When placing a child, the court and Oklahoma Department of Human Services (DHS), when possible, selects a person, agency, or institution governed by persons of the same religious faith as that of the child's parents, or in case of a difference in the religious faith of the parents, the child's religious faith.
INSTRUCTIONS TO STAFF 340:75-6-49
Revised 9-17-18
1.Religious and cultural observation.The child in out-of-home placement retains the right to participate in and practice his or her own religious and cultural beliefs.
(1) When selecting a placement provider for the child, consideration is given to a placement of the same religious faith as that of the parents, or in case of a difference in the religious faith of the parents, the religious faith of the child.
(2) The placement provider is allowed to include the child in his or her religious and cultural practice provided the child and the child's parents' right to choose is respected, including a child's preference not to participate in a formalized religion.
(3) When a child requests to attend religious services or cultural events, the placement provider assists with arrangements.
(4) Formal admission to a religious faith, such as confirmation or baptism, requires parental consent when the child is in Oklahoma Department of Human Services(DHS) emergency or temporary custody.DHS provides consent when parental rights are terminated and the child is in DHS permanent custody.A placement provider is not authorized to consent without the appropriate permission.
2.Parental objection regarding religious attendance.When the parent objects to the placement provider integrating the child in emergency or temporary DHS custody into the placement provider's religious practice, the child welfare (CW) specialist:
(1) assists the placement provider to work with the child's parents to afford the child an opportunity to attend the religious service of the parents' preference; or
(2) arranges supervision appropriate to the child's needs while the placement provider attends religious services.
3.Supervision while placement provider attends religious services.When a child uses informed preference and chooses not to participate in formalized religion, the CW specialist and placement provider arrange appropriate supervision based on the child's needs while the placement provider attends religious services.
4.Permission for placement provider to act as prudent parent.When a child has not expressed his or her informed preference to not participate in a formalized religion but out of adolescent or juvenile rebellion declines to participate in attending religious service on a particular day, the placement provider is allowed to act like any prudent parent in encouraging the youth's participation.
5.Transportation to religious services.When a child requests to attend religious services available within the same town or community, the placement provider provides or arranges transportation to facilitate his or her attendance.
6.Permission for baptism, confirmation, or other religious decision.When the child or placement provider expresses that the child desires to be baptized, confirmed, or otherwise made a part of a religious community, the CW specialist:
(1) obtains consent in writing from the parent when the child is in DHS emergency or temporary custody, when possible;
(2) documents the discussion with the parent in the KIDS Contacts screen;
(3) scans the original document into the KIDS file cabinet, files the original document authorizing consent in the paper case record, and provides a copy of the written consent to the parent;
(4) when the child is in permanent DHS custody, discusses the request with the child to determine if the child made an informed decision;
(5) when DHS consent is needed, obtains the CW supervisor's signature on any required document; and
(6) scans the original document into the KIDS File Cabinet and files the original document authorizing consent in the paper case record.
