Biden admin moves to protect LGBTQ+ kids in foster care

President Joe Biden’s administration has moved to protect LGBTQ+ and intersex children in foster care, ordering, among other things, that they be placed in supportive homes.

The protections come in the form of a rule finalized Tuesday by the U.S. Department of Health and Human Services and its Administration for Children and Families. It was proposed last September.

“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,” says an HHS press release. “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 LGBTQ+ and intersex children, the provider must commit to establishing an environment that supports the child’s status or identity; and 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 facilitate the child’s access to age- or developmentally appropriate resources, services, and activities that support their health and well-being.

The rule doesn’t require any care provider to become a designated placement for LGBTQ+ and intersex children, nor does it penalize providers who don't wish to receive this designation, but it does require that state and tribal child welfare agencies offer enough of these placements to accommodate the children who need them. LGBTQ+ and intersex children are overrepresented in the foster care system, face more bullying and harassment than their straight and cisgender peers, and have significantly worse outcomes, HHS notes.

“Every child deserves a safe and loving home,” HHS Secretary Xavier Becerra said in the press release. “When any child comes into government care, they should have supports and services that meet their specific needs. By addressing the needs of LGBTQI+ children, this rule brings us one step closer to ensuring that all children have the opportunity to thrive.”

“At ACF, we know that young people succeed when they get the support they need,” said Administration for Children and Families Principal Deputy Assistant Secretary Jeff Hild. “This rule will give LGBTQI+ young people in foster care access to an environment where they can thrive.”

Two officials with the National Center for Lesbian Rights issued statements praising the move. “The need to be loved, accepted, and supported is hardly unique to LGBTQI+ children, but unfortunately the system has proven uniquely unable to meet those children’s needs,” said Nesta N. Johnson, an NCLR family law attorney. “We applaud HHS for clarifying that entities that take government money to provide homes for youth separated from their families are required to ensure that the children entrusted to them are not mistreated, harassed, or abused for any reason — including because they are LGBTQI+.”

“LGBTQI+ youth are disproportionately impacted by the child welfare system, making up almost a third of the youth in foster care in the U.S.,” said Danielle King, NCLR senior youth policy counsel. “However, across the country we have heard of too many times where LGBTQI+ foster youth have been in placements where they did not feel safe or faced discrimination. LGBTQI+ foster youth deserve to feel safe and supported, to receive services that address their specific needs, and to be able to raise concerns about their placements free from discrimination and retaliation. We applaud HHS for providing guidance to child welfare agencies and their contractors, to ensure that all foster youth can feel safe and protected.”