LGBTQIA+ Youth in Foster Care: New Federal Rules
Hello everyone. I hope you are all enjoying the end of summer. We have just come home from visiting the in-laws in rural New York where my son loved seeing all the farms and riding a tractor! He also had a lot of fun with grandma baking and cooking and just running around.
I was originally planning on doing a Research Rodeo, but as I started writing about the first article, Paul & Cruys (2024) “We should be treated like we are somebody”: Building supportive relationships with LGBTQ foster youth, there was so much information that I felt this required its own post. As someone who used to work in the foster care system in New York and is currently the editor of a special issue of a journal on foster care and adoption, this is a topic near and dear to my heart. With new federal rules that were just released in July around the safety of LGBTQIA+ youth in foster, this might be a topic that will soon be hitting the courts. It is certainly important for both nonprofits who work in foster care as well as those who interact with LGBTQIA+ youth; understanding these new rules can help LGBTQIA+ youth advocate for their rights.
LGBTQIA+ individuals are massively overrepresented within the foster care system, with some studies estimating that 30% of all youth in foster care identify as LGBTQIA+. Foster care can be a dangerous place for all kids, but especially LGBTQIA+ children. For example, some states have been passing laws allowing anti-LGBTQ parents to foster and adopt LGBTQIA+ children, no matter the impact on the child’s well-being. To combat this, a new rule by the Biden-Harris administration has established conditions on what needs to be in place for a foster care placement for LGBTQIA+ youth:
This rule, “Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children” was passed in July 2024 and organizations must implement these provisions by October, 2026. Some states have implemented similar rules which are being challenged in court. Foster parents are arguing that this amounts to religious discrimination.
In a new article by Paul & Cruys, they ask how can foster care professionals create better relationships with LGBTQ youth in foster care. As can be seen in their table, many youth in the foster care system have negative interactions with those in the system.
It is important for those working in foster care to provide affirming support to LGBTQIA+ youth, but many youth reported harassment and proselytizing by case workers. Instead, case workers and other staff should learn how to be more affirming. By understanding that LGBTQIA+ youth are a vulnerable population with unique needs, organizations can start thinking about what they can do that is queer-focused. Below are the recommendations from the article:
More research and training is needed to create welcoming environments, as well as protocols that better support LGBTQIA+ youth in foster care. While the rules put out by the Biden-Harris administration are a good start, they may still be challenged in court. It is important for LGBTQIA+ nonprofits to be aware of these rules and to inform their youth of their rights, especially those in foster care or unstable housing.