The Biden administration has proposed a new rule that would require foster care agencies to place LGBT-identified children with families that will affirm their gender identity and sexual orientation.
The U.S. Department of Health and Human Services’ Administration for Children and Families unveiled on Thursday a proposed rule on LGBT children in the foster care system.
According to the proposal, “agencies must ensure that a safe and appropriate placement is available for and provided to any child in foster care who identifies as LGBTQI+ and requests such a placement.”
“For example, under the proposed requirement, a provider who used derogatory language or slurs about a child’s LGBTQI+ identity would not be a safe and appropriate placement,” the proposed rule states.
“Similarly, a provider who attempted to undermine, suppress, or change the sexual orientation, gender identity, or gender expression of a child, including through the use of so-called ‘conversion therapy’ would not be a safe and appropriate placement.”
The rule proposal states that “the agency must not place LGBTQI+ identifying children with a provider who unreasonably limits or denies a child’s ability to express their sexual orientation, gender identity, or gender expression.”
“For example, to be considered a safe and appropriate placement, a provider is expected to utilize the child’s identified pronouns, chosen name, and allow the child to dress in an age-appropriate manner that the child believes reflects their self-identified gender identity and expression,” the proposal reads.
The rule will be open for comments until Nov. 27. In a statement, the HHS said the rule would place LGBT youth in “environments free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status.”
“And the proposed rule would require that caregivers for LGBTQI+ children are properly and fully trained to provide for the needs of the child related to the child’s self-identified sexual orientation, gender identity, and gender expression,” the statement reads.
“This proposed rule supports the Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals and continues to move the child welfare system closer to the Administration’s goal to better support LGBTQI+ children with resources and services that are designed appropriately to meet their needs.”
The prominent LGBT advocacy group the Human Rights Campaign praised the proposed rule.
“This proposed rulemaking is an important step toward ensuring LGBTQ+ youth in foster care, who make up nearly one in three of the children in the foster care system, have the safe, healthy, and affirming environments they need in order to thrive,” HRC Vice President for Government Affairs David Stacy said in a statement.
