Courtesy of The White House Briefing Room

On April 29th, the U.S. Department of Health and Human Services (HHS), through the Administration for Children and Families (ACF), finalized a policy that strengthens protections for youth in foster care by clarifying how states must meet their statutory requirements to appropriately serve LGBTQI+ children in foster care.

LGBTQI+ children are overrepresented in foster care and face significantly higher levels of bullying and harassment in care than other children. In addition, LGBTQI+ children who enter foster care experience significantly worse outcomes, including higher levels of mental health-related hospitalizations and homelessness. Like all children, LGBTQI+ young people deserve a placement that meets their unique needs. The rule advances the child welfare system toward the Administration’s goal of supporting all foster children with the resources and services they need.

This final rule makes clear that all children in the child welfare system, including LGBTQI+ children, are entitled to protections against harassment, abuse, and mistreatment, regardless of their placement. Additionally, this final rule specifies that as part of meeting the existing statutory requirement to provide safe and proper care for all children in foster care, state child welfare agencies must ensure that LGBTQI+ children have access to specially designated foster care placements.

To be considered a designated placement for LGBTQI+ children, the placement must satisfy three conditions:

• The provider must commit to establishing an environment that supports the child’s LGBTQI+ status or identity; and
• The provider must be trained with the appropriate knowledge and skills to provide for the needs of the child related to the child’s self-identified sexual orientation, gender identity, and gender expression; and
• The provider must facilitate the child’s access to age or developmentally appropriate resources, services, and activities that support their health and well-being.

This article was originally published in the 2024 PRIDE Month Issue of Las Vegas PRIDE Magazine, and can be read in its original format here.