The Biden administration is proposing a new rule that would block families who are not on board with LGBTQ ideology from being able to care for foster children who claim to have a LGBTQ identity.

Proposed by the Dept. of Health and Human Services Administration for Children and Families (ACF), the new rule would mandate that foster families not “unreasonably limit or deny a child’s ability to express their sexual orientation, gender identity, or gender expression,” nor attempt to help a gender-confused child live in accord with their biological sex.

According to the proposed rule, state agencies that receive federal funding would be required to “implement specific processes and requirements” to ensure LGBTQI+ children in foster care are provided with “placements the agency designates as safe and appropriate” and “services that are necessary to support their health and wellbeing.”

Additionally, state agencies would need to ensure that “totality of their child welfare system” is on board with supporting LGBTQ identities, but not every family would be required to be designated as an “appropriate placement for LGBTQI+ children.”

“If it is legally established that not affirming a child’s LGBTQI+ identity constitutes ‘mistreatment’ or ‘abuse,’ this standard could have massive ramifications for families seeking to adopt…

Nevertheless, the proposed rule would mandate that foster parents undergo government training, so they are “prepared 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.”

Another proposed requirement mandates that foster families “facilitate the child’s access to age-appropriate resources, services, and activities that support their health and well-being.” This includes behavioral health supports, providing LGBTQ-identifying mentors, peers, and affinity groups.”

In addition to the foster parent mandates, the proposed rule would also require state agency staffers to undergo training on how to “appropriately serve LGBTQI+ youth.” It would also mandate that children who live in sex-segregated facilities be place in accordance with the “child’s self-identified gender identity.”

An analysis of the proposed rule by Rachel N. Morrison from The Federalist Society, notes that it does not address the rights of biological parents when it comes to providing LGBTQ activities and resources for their child. Likewise, the proposed rule may discriminate against foster parents who hold religious beliefs about sexuality and marriage.

“ACF’s proposal ‘would not require any faith-based provider to seek designation as a safe and appropriate provider for LGBTQI+ children as described in this proposed rule if the provider had sincerely held religious objections to doing so,’” Morrison observed. “For any remaining conflict a religious provider may have with the rule’s obligations, ACF will consider religious accommodation requests on a ‘case-by-case basis.’ No mention is made of religious accommodations for individual foster parents who partner with a non-religious provider.”

Morrison adds that the premise of the proposal “is that those who hold to certain religious views of marriage, sexuality, and gender, or who believe ‘affirmation’ is harmful, are unable to provide safe homes for children who identify as LGBTQI+.”

Morrison warns that the proposal assumes that “only ‘affirmation’ is ‘safe and appropriate” when it comes to caring for gender-confused children.

“If it is legally established that not affirming a child’s LGBTQI+ identity constitutes ‘mistreatment’ or ‘abuse,’ this standard could have massive ramifications for families seeking to adopt, biological parents of children both in and out of foster care, and individuals who work with children,” Morrison points out.

In Alaska, Child Protective Services already makes assessments of children based on whether they identify as LGBTQ. State administrative code, however, also explicitly states that foster parents “have a right to practice their religion and spiritual practices in their home as long as the religious and spiritual practices of the child’s birth family are also respected.”

TAKING ACTION

ACF is accepting written comments and feedback on the proposal until Nov. 27. Click here to comment.

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