Family Equality Commends Biden Administration Rule Strengthening Protections for LGBTQI+ Youth in Foster Care

New York, NY - Today, the Biden Administration finalized a rule that requires Title IV-E/IV/B foster care agencies to ensure all foster care placements are free from harassment, mistreatment, or abuse and requires Title IV-E/IV-B agencies to ensure designated placement are available to meet the needs of LGBTQI+ youth in care. The Administration for Children and Families (ACF) issued a draft rule in September 2023 which Family Equality, in collaboration with movement partners, commented on, see comment here.

LGBTQI+ youth are overrepresented in the foster care system, making up 1 in 3 youth in care. Research shows that LGBTQI+ youth experience mistreatment at twice the rate of their non-LGBTQI+ counterparts and have higher rates of multiple placements, educational instability, and exiting foster care into homelessness.

The Administration's final rule takes necessary steps to clarify that federal law requires every child, including LGBTQI+ children, be provided a safe and appropriate foster care placement. The rule requires state title iv-e/iv-b agencies to have designated placement providers available for any child who identifies as LGBTQI+. To qualify as a Designated Placement for an LGBTQI+ child, a provider must be trained on the specific needs of LGBTQI+ children and support the safety and well-being of LGBTQI+ children. The rule also establishes a retaliation provision to protect all youth, including those with actual or perceived LGBTQI+ identity, from harassment, mistreatment, or abuse, including conversion therapy.

"Far too many LGBTQI+ youth in the child welfare system experience mistreatment and abuse simply because of their sexual orientation and gender identity," said Jaymes Black, Family Equality President & CEO. "It is the responsibility of child welfare agencies to ensure that youth, who have been removed from their homes, have access to placements that are safe and free of mistreatment."

We applaud the Biden administration for the historic steps they have taken to protect LGBTQI+ youth in the child welfare system, but wish this rule went further to protect LGBTQI+ youth and families. Specifically, we remain adamant that all placements must be safe and appropriate for LGBTQI+ youth in care. Additionally, we continue to advocate for explicit protections to prohibit discrimination against all individuals in child welfare on the basis of sexual orientation and gender identity, including LGBTQI+ youth, families of origin, kin, and prospective foster and adoptive parents.

We urge the administration to add sexual orientation and gender identity data elements into the Adoption and Foster Care Analysis Reporting System so we can better understand the experiences of LGBTQI+ youth and families in child welfare.

About Family Equality

Family Equality is creating a world where everyone can experience the love, safety, and belonging of family. As the leading national organization for current and future LGBTQ+ families, we work to ensure that everyone has the freedom to find, form, and sustain their families by advancing LGBTQ+ equality through advocacy, support, storytelling, and education.

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