§ 3680.46. Religious practices.
The legal entity shall ensure that a child receiving services has an opportunity to participate in religious activities, services and counseling, taking into account choices specified by the parents or guardian or the child.
Authority The provisions of this § 3680.46 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).
Source The provisions of this § 3680.46 adopted January 23, 1987, effective April 24, 1987, 17 Pa.B. 392.
Notes of Decisions Parental Rights
After a child is placed in foster care, a parent’s right to control the child’s religious training is no longer absolute. Therefore, it is appropriate, when the initial placement is made, to give some weight to the child’s and or the parent’s religious background and place the child in a setting consistent with that background; however, that concern does not outweigh all other considerations relative to the development and well being of the child and may be overridden by such concerns. So long as the state makes reasonable efforts to assure that the religious needs of the children are met during the interval in which the state assumes parental rights, the free exercise rights of the parents and their children are adequately observed. Baby Neil ex rel. Kanter v. Casey, 43 F.3d 48, (3rd Cir. 1994).
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