OKDHS.org - OAC 340:75-6-49. Religious and cultural observation

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340:75-6-49. Religious and cultural observation

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Revised 6-27-02

A child(ren) in out-of-home placement retains the right to participate in his or her own religious and cultural beliefs. Every effort is made to consider the parents' wishes as to the religious preference in the selection of a placement provider for the child(ren). The placement provider is allowed to include the child(ren) in his or her religious and cultural practice provided the child(ren) and the child(ren)'s parents' right to choose is respected, including a youth's preference to not participate in a formalized religion. • 1 through 3 If a child(ren) requests to be allowed to attend religious services or cultural events, the placement provider assists in making the arrangements. • 4 Formal admission to a religious faith, such as confirmation or baptism, is not a decision that can be made by the child(ren) and requires parental consent for a child(ren) in emergency or temporary custody or the Department's consent if parental rights have been terminated. A placement provider does not take any action of this type without the appropriate permission. • 5

INSTRUCTIONS TO STAFF 340:75-6-49

1. Parental objection regarding religious issue. If the parent(s) objects to the placement provider integrating emergency or temporary custody child(ren), age 12 years or younger, into the placement provider's religious practice, the Child Welfare (CW) worker:

(1) assists the placement provider in working with the child(ren)'s parents to afford the child(ren) an opportunity to attend the religious service of the parent(s)' preference; or
(2) arranges supervision appropriate to the needs of the child while the placement provider attends religious service.

2. Supervision while provider attends religious services. If a youth, 12 years or older, uses informed preference and chooses not to participate in a formalized religion, the Child Welfare (CW) worker and placement provider arrange appropriate supervision based on the needs of the youth while the placement provider attends religious service.

3. Permission for placement provider to act as prudent parent. If a youth, 12 years or older, 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.

4. Transportation to religious services. If a child(ren) or youth requests to attend religious services that are available within the same town or community, the placement provider provides or arranges for transportation in order to facilitate the child(ren)'s or youth's attendance.

5. Permission for baptism, confirmation, or other religious decision. If a placement provider expresses that a child or youth has a desire to be baptized, confirmed, or otherwise made a part of a religious community, the CW worker obtains consent in writing from the parent(s) for a child in emergency or temporary custody. The worker documents the discussion with the parent(s) in the KIDS Contacts screen, files the original document in the paper case record, and gives a copy to the parent. If a child is in permanent custody, the worker discusses with the child to determine whether the child made an informed decision. If consent is needed, the signature of the CW supervisor on any required document is sufficient. A copy of any document signed for this purpose is filed in the paper case record.

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