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Help Us Protect LGBTQI+ Youth in Foster Care

March 16, 2026
Help Us Protect LGBTQI+ Youth in Foster Care

Last year, a federal court in Texas struck down the rule that required foster care agencies across the country to ensure LGBTQI+ youth have access to safe and supportive placements.

The rule was not perfect — but it was something. Now, instead of replacing it with stronger protections, the federal government is proposing to erase it from the books entirely, leaving LGBTQI+ youth in foster care with nothing, again.

We think that is wrong, and we are speaking up.

Family Equality is filing a formal comment letter before the April 6 deadline arguing that the federal government still has an obligation to ensure LGBTQI+ youth have the same explicit federal protection every other group of children in the foster care system already has — and that walking away without replacement rule-making is not acceptable.

Your story is what makes that argument impossible to ignore.

If you have lived in foster care, worked in child welfare, raised a young person in the system, or lead an organization with a stake in this fight — we need to hear from you. The experiences of real people in real placements are what transform a legal argument into an undeniable record. Tell us what unsafe and non-affirming looks like. Tell us what it costs. Add your voice before March 30.

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Spread the word!

Know someone whose voice should be in this letter? Share this page! Every submission strengthens our case.

What we are looking for

We want to hear from youth and families with lived experience in foster care, child welfare professionals, and organizations working in this space. If you are an organization that shares our position, you can also have your name acknowledged in our letter.

See our FAQ for details on what kinds of input are most useful and our Positions and Ask document for a more detailed understanding of the letter’s legal and substantive framing.

How we will use your input

Your submission will inform our legal and policy arguments. With your consent, your words may be quoted anonymously in the letter. Your personal information will never appear on the public federal docket.

What to expect from us

Once our letter is filed on April 6, we will send you a link to the final comment so you can see how your contribution shaped it. Questions in the meantime? Email us.

Submit your input before March 30 — Federal deadline: April 6

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Learn more before you submit

What kinds of input are most useful and how will your submission will be used? Download our FAQ or toggle the sections below.

 

Want to file your own comment directly with the federal government?

You can submit a comment in your own name directly to the federal agency at the link below. Please be aware that your comment text will be publicly visible on the federal docket — it cannot be made private after submission. Filing directly and contributing to our portal are not mutually exclusive — you are welcome to do both.

File Directly with the Federal Government
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Questions for organizations

This section is for staff or representatives of organizations considering submitting input or having their organization acknowledged by name in our comment letter. If you are submitting as an individual, you do not need to read this section.

Questions about organizational sign-on or named acknowledgment? Contact us. We will respond in 1-2 business days.

Our Position and Ask

Note: Family Equality led the 2023 coalition comment opposing this rule — arguing it did not go far enough. Our opposition to this rescission is not a defense of an inadequate rule. It is a rejection of the premise that no federal protection at all is acceptable.

What happened

The Administration for Children and Families (ACF) is proposing to permanently erase the only federal rule that ever required states to meet a minimum standard for how they treat LGBTQI+ youth in foster care — a federal floor defining what every state must do. A federal court struck it down last year, finding ACF relied on the wrong legal authority, not that no obligation to protect these children exists. Rather than find a stronger statutory path and replace it, ACF has proposed to remove it from federal law entirely, with no replacement planned.

Every other identified group of children in federal foster care has explicit regulatory protection based on who they are — a federal floor setting the minimum standard every state must meet. Children of color have Title VI. Children with disabilities have Section 504. Native children have ICWA. For each, the federal government looked at the evidence of harm and set a floor. LGBTQI+ youth were the only exception. The 2024 rule changed that for the first time. This rescission removes it, returning LGBTQI+ youth to being the only children in federal care with no declared limit on the harm the government will accept.

What this rescission removes

The only federal prohibition on conversion therapy.

The rescinded rule barred placement with providers who practice conversion therapy — every major medical organization documents its harm. Our letter will demand this be restored as a condition of placement, not a preference.

The only federal protections for transgender and intersex youth in congregate care.

Without these protections, a transgender girl can be placed in a boys’ residential facility with no federal accountability. Our letter will demand these protections be restored and strengthened.

The federal obligation to recruit and retain affirming families.

LGBTQI+ youth are among the hardest for the system to place permanently; LGBTQI+-affirming families are an underused, well-matched resource for exactly these children. Our letter will argue rescission damages not only where these children are placed today, but whether they ever find permanent families at all.

What Our Letter Will Demand

Our letter will demand ACF withdraw the proposed rescission; initiate replacement rulemaking on a legally durable statutory foundation with comprehensive protections for all children and families in the system; and issue interim sub-regulatory guidance so no child is left unprotected during the gap.

Add Your Voice

Two decades of research document what happens to LGBTQI+ youth in non-affirming placements. Your testimony is what makes that record impossible for the agency to ignore. We are collecting accounts from people with lived experience in foster care, families, child welfare professionals, and organizations — what non-affirming placement looked like, what it cost, what affirming care made possible. Submissions are confidential; your identifying information will not appear on the public federal docket.

Legal and Policy Foundation

For attorneys, policy professionals, and organizations considering sign-on.

What the court held — and did not hold.

ACF’s rule was vacated by the Eastern District of Texas in June 2025 for relying on the wrong Title IV-E authority — not because no federal obligation exists or replacement rulemaking is foreclosed. The court did not hold that Congress prohibited agency action in this space or that leaving LGBTQI+ children unprotected is legally required. The administration’s decision not to pursue replacement is a policy choice, not a conclusion the court compelled.

State of Texas v. HHS, 770 F. Supp. 3d 940 (E.D. Tex. 2025).

The replacement path.

The Texas ruling forecloses one vehicle — not the agency’s obligation. Our 2023 coalition comment identified Section 1302(a) of the Social Security Act as one well-supported alternative, undisturbed by the ruling and satisfying the D.C. Circuit’s nexus standard. We present this as evidence a durable path exists; identifying the appropriate vehicle is ACF’s obligation to fulfill.

Merck & Co. v. HHS, 962 F.3d 531 (D.C. Cir. 2020).

The constitutional floor.

When the state removes a child from their home, settled constitutional law imposes an affirmative duty of care. The federal government’s role is to use its authority over the Title IV-E and IV-B programs to ensure the state-run, federally-funded system meets that baseline. Within that framework, Congress and HHS have recognized that certain groups of children require explicit federal attention — Native children through ICWA, children with disabilities through Section 504 as applied to Title IV-E programs. The 2024 rule extended that recognition to LGBTQI+ youth for the first time. The proposed rescission withdraws it, making LGBTQI+ youth the only group that has had explicit federal recognition within this system and then had it removed. That differential treatment, in the face of a substantial evidentiary record of harm, requires justification ACF has not provided — and we argue it triggers heightened equal protection scrutiny. These obligations persist regardless of which statutory vehicle the agency uses.

DeShaney v. Winnebago Cnty., 489 U.S. 189 (1989); Youngberg v. Romeo, 457 U.S. 307 (1982).

RFRA — the correct analysis.

RFRA requires case-by-case analysis of substantial burden, compelling interest, and least restrictive means — it does not authorize blanket exemptions from child welfare requirements. ACF cannot use RFRA to justify rescission without replacement while its own enforcement record shows blanket exemptions are overbroad and improperly applied.

Fulton v. City of Philadelphia, 141 S. Ct. 1868 (2021); Cutter v. Wilkinson, 544 U.S. 709 (2005).

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