The Biden administration introduced a new regulation to safeguard LGBTQ+ young people in foster care. This includes creating specific homes for LGBTQ+ children and addressing bullying and abuse against them regardless of their placement.
To qualify as a designated home for LGBTQ+ youth, a caregiver must undergo training on their needs, ensure access to appropriate health resources, and promise to create a supportive environment for their LGBTQI+ status or identity. as per a statement from the Department of Health and Human Services (HHS).
HHS Secretary Xavier Becerra stated, “Every child should have a secure and affectionate home. When a child enters government care, they deserve tailored support and services. By addressing the needs of LGBTQI+ children, this regulation helps bring us closer to ensuring that all children can flourish.”
The regulation does not force placement agencies or caregivers to become designated homes for LGBTQ+ youth. Instead, it mandates state and tribal governments to offer this status and ensure sufficient capacity to care for LGBTQ+ children in their foster systems.
The regulation also includes provisions to protect agencies and caregivers who opt not to seek designated status, stating that no one should be penalized for this choice. It also addresses “religious freedom.”
According to HHS, LGBTQ+ children are disproportionately represented in foster care and experience more bullying and harassment than cisgender/heterosexual children, resulting in higher rates of mental health issues and homelessness.
The rule was proposed by the HHS Administration for Children and Families last year.
