California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 6 - Division of Juvenile Justice
Chapter 3 - Youth Services
Article 7 - Religious Services
Section 30261 - Religious Services to Wards
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department recognizes the inherent right of individuals to exercise their constitutional rights to hold religious convictions and practice religion. The Department shall ensure all wards are afforded the reasonable opportunity to participate in religious services and programs as provided in these regulations. The exercise of religious freedom without discrimination, harassment, or preference is guaranteed unless such is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.
(b) The Department shall not place a substantial restriction on a ward's exercise of religion unless the exercise is inconsistent with a compelling governmental interest (including safety and/or security interests) or promotes violence or illegal acts. The Department shall document what alternatives were considered and allow the least restrictive means that does not violate the above standard.
(c) If religious services of a ward's faith are not available in the facility, the chaplains shall make a good faith effort to facilitate services or counseling with a faith group leader or volunteer representative of the ward's faith.
(d) The facility superintendent shall provide all wards access to religious services and/or alternate religious services at least once a week.
(e) Each ward shall have the opportunity to explore other faith groups by attending religious programs of any religious faith group, regardless of his/her designated religious faith group.
(f) A ward may be restricted from attending religious programs for the following reasons:
(g) A ward may also be restricted from attending a religious program for the following reasons; however, whenever practical, a reasonable good faith attempt should be made to schedule the below events to not conflict with religious programs:
(h) Restriction of wards from religious programs will not be based on poor program performance on the living unit, academic areas, or because of status or phase in a program.
(i) The Department shall allow wards to exercise their constitutional religious rights and to express their religious tenets and personal religious convictions through:
(j) The Department shall restrict the following religious practices and activities:
(k) When placing a restriction on a ward's religious exercise, the Department shall document what alternative accommodations were considered. In addition the ward's preferred option shall be allowed when not inconsistent with the safety and security of the facility.
(l) Chaplains, religious leaders, religious volunteers, staff, members of the community or wards may not proselytize (i.e., initiate unsolicited, unwanted, or forceful attempts to persuade another individual to convert from one religious belief to another).
1. Change without regulatory effect renumbering title 15, section 4750.1 to title 9, section 30261 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).
Note: Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institutions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment I, United States Constitution.