Foster Care & Faith

 

This guest post is from Regent Law 2L Anne Darby Keating

          On September 27, 2023, the Biden-Harris Administration published a factsheet announcing, “New Actions to Support Children and Families in Foster Care.” This announcement purports to support kinship caregivers, expand access to legal services, and “protect LGBTQI+ youth.” The factsheet goes on to proclaim that, “LGBTQI+ youth face profound disparities in the foster care system.” The initiative to protect LGBTQI+ foster youth works jointly with President Biden’s executive order on “Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals.” This executive order directed the Department of Health and Human Services (HHS) to “protect LGBTQI+ youth in the foster care system.” The executive order purports to address the “disparities” that LGBTQI+ youth face in a child welfare system. Further, “the misuse of State and local child welfare agencies to target LGBTQI+ youth and families” must be addressed. The Biden-Harris Administration is concerned with the wellness of LGBTQI+ youth in state care across the country, hoping to address disparities in care.

In response to the President’s executive order, HHS has proposed a rule that would require every state’s foster care system to ensure that LGBTQI+ foster youth are placed with foster families and in foster homes that are supportive of their gender identity. Caregivers should receive extra, specialized training on how to help meet the needs of LGBTQI+ youth, as well as make sure the youth have access to the services needed. This rule would safeguard LGBTQI+ youth from being placed in foster homes where they may be mistreated for their sexual orientation or gender identity. The focus of the proposed rule is on the health and safety of LGBTQI+ youth in the foster system.

Putting more requirements on states’ welfare systems and foster homes may hurt foster youth more than it helps them. States are in crisis. There are not enough foster homes for the number of children in their care. Over 100,000 children are waiting for a permanent home across the United States. Children in foster care are sleeping in state offices and hospital hallways. Nevertheless, states are denying licensing to families who want to provide a home for foster children. States, and the federal government, are failing to provide affirming, supportive homes to foster children in an effort to find supportive homes for LGBTQI+ foster youth. 

By refusing these families, states are only further harming children in foster care, thus prohibiting children from any sort of family restoration.