Last Updated: September 2024
Disclaimer: This information is not intended to be legal advice. It is an educational overview of the current state of foster care laws, regulations, and policies as they relate to LGBTQ+ individuals and LGBTQ+ youth in care. Although it is based on current research, local practices, possibilities, and requirements may differ. We urge you to consult an attorney in your state who has expertise on LGBTQ+ family law and adoption to discuss your specific circumstances and the options available to you in your state.
Introduction
With over 368,000 children in the U.S. foster care system, and nearly 20,000 youth aging out of care each year, there’s an urgent need for safe, loving, qualified homes for kids in care. Yet, in many states, it’s still legal to turn away qualified parents because of their sexual orientation and gender identity — despite the fact that LGBTQ+ individuals are seven times more likely than non-LGBTQ+ individuals to foster or adopt children. In states without these explicit licenses to discriminate, there’s still an overwhelming lack of protections for LGBTQ+ parents.
But that’s not all. 1 in 3 youth in foster care identify as LGBTQ+, meaning there’s an overrepresentation of LGBTQ+ youth in the child welfare system — many of whom report high rates of mistreatment due to discrimination and harassment related to their LGBTQ+ identity.
Whether you’re navigating the child welfare system, eager to become an advocate, or simply want to learn more about adoption and foster care, use this resource to better understand the child welfare landscape for LGBTQ+ youth and families.
Understanding Child Welfare
Foster Care Laws by State
AL | AK | AZ | AR | CA | CO | CT | DE | D.C. | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY | PR
Click on your state above to learn about protections for LGBTQ+ youth and individuals in your state.
- States highlighted in orange have some level of protections for prospective parents but do not have protections for youth.
- States highlighted in magenta have some level of protection for youth but do not have protections for prospective parents.
- States highlighted in teal have some level of protection for youth and prospective parents.
- States highlighted in grey have no protections for youth nor prospective parents
Remember: This information is an educational overview and is not intended to be legal advice. For specific advice on the best path forward for your family, as well as up-to-date information about the laws, practices, and policies in your state, consult an attorney.
Alabama
Protections for LGBTQ+ individuals who want to foster?
No. Private child placing agencies are allowed to discriminate against LGBTQ+ individuals by refusing to place a child in a household that conflicts with the agency’s “sincerely held religious beliefs.”
Note: The law applies to privately funded agencies only, not those that receive taxpayer funds.
Ala. Code § 26-10D-5
Protections for LGBTQ+ youth in the child welfare system?
No. Alabama does not have any state statutes, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation, gender identity, or gender expression.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Alabama here.
Alaska
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt.
Protections for LGBTQ+ youth in the child welfare system?
No. Alaska does not have any state statutes, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation, gender identity, or gender expression and does not have a statewide ban on so-called conversion therapy.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Alaska here.
Arizona
Protections for LGBTQ+ individuals who want to foster?
No. Arizona law allows state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ+ people, if doing so conflicts with their religious beliefs.
Protections for LGBTQ+ youth in the child welfare system?
Arizona does not have any state statutes or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation, gender identity, or gender expression and does not have a statewide ban on so-called conversion therapy. However, state agency policy prohibits discrimination based on the sexual orientation or gender identity for youth in the child welfare system.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Arizona Foster Parents and Kinship Foster Care Parents Rights
- Arizona Children in Foster Care and Kinship Foster Care Rights
Learn more about foster care in Arizona here.
Arkansas
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt.
Protections for LGBTQ+ youth in the child welfare system?
No. Arkansas does not have any state statutes, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation, gender identity, or gender expression and does not have a statewide ban on so-called conversion therapy.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Arkansas here.
AR Code § 9-28-903 (2020); AR Code § 9-28-1003 (2020)
California
Protections for LGBTQ+ individuals who want to foster?
Yes. California law prohibits discrimination against any person “engaged in providing care and services to foster children,” including foster and adoptive caregivers and kin, on the basis of sexual orientation, gender identity, or HIV status.
Protections for LGBTQ+ youth in the child welfare system?
Yes. California law prohibits sexual orientation and gender identity-based discrimination against youth in the child welfare system, and it requires that transgender youth in out-of-home care be placed in accordance with their gender identity.
Administrators and licensing personnel are required to undergo training in “cultural competency and sensitivity” regarding LGBTQ+ youth.
The discredited and harmful practice of “conversion therapy” against minors is illegal in California.
Cal. Welf. & Inst. Code 16001.9 (a) (3)-(4), (16)-(19), (22), (37); Cal. Welf. & Inst. Code § 16006; Cal. Health & Saf Code §§ 1522.41, 1563; Cal. Bus. & Prof. Code § 865.1.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- California Foster Youth Rights Handbook
- Resource Parent Guide – Information and Benefits for the Resource Parent
Learn more about foster care in California here.
Colorado
Protections for LGBTQ+ individuals who want to foster?
Yes. Colorado regulations prohibit county child welfare officials from denying aid, services, benefits, or participation on the basis of sexual orientation. Regulation also prohibits agencies from discriminating against prospective foster parents on the basis of sexual orientation or gender identity.
12 Colo. Code Regs. § 2509-7:7.604; 12. Colo. Code Regs. § 2509-8:7.710.34(H)
Protections for LGBTQ+ youth in the child welfare system?
Yes. Colorado has a state law and numerous regulations prohibiting discrimination against youth in foster care based on sexual orientation and gender identity.
Colorado regulations prohibit county child welfare officials from denying aid, services, benefits, or participation on the basis of sexual orientation.
Colorado regulations also prohibit agencies from discriminating against prospective foster parents on the basis of sexual orientation or gender identity.
Colorado also has a statewide-ban prohibiting so-called “conversion therapy” of youth under eighteen.
Colo. Rev. Stat. Ann. § 19-7-101; 12 Colo. Code Regs. § 2509-8:7.714.31; 3 Colo. Code Regs. § 708-1:81.8; 3 Colo. Code Regs. § 708-1:81.9; 12 Colo. Code Regs. § 2509- 7:7.604; 12 Colo. Code Regs. § 2509-8:7.710.34(H); Colo. Rev. Stat. Ann. § 12-240-121(ee).
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Colorado here.
Connecticut
Protections for LGBTQ+ individuals who want to foster?
Yes. Connecticut has a comprehensive state level anti-discrimination law that provides that “[a]ll services of every state agency shall be performed without discrimination based upon sexual orientation” and that state agencies cannot “become a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination.”
Connecticut’s nondiscrimination law also protects against discrimination by state agencies based on gender identity or expression.
Protections for LGBTQ+ youth in the child welfare system?
Yes. In addition to the general provision listed above, there is a state agency policy that prohibits discrimination against youth in child welfare on the basis of gender identity and/or expression, marital/partner or cohabitation status; and actual or perceived inherent sexuality. Connecticut prohibits the discredited practice of so-called “conversion therapy” on minors.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Connecticut here.
Delaware
Protections for LGBTQ+ individuals who want to foster?
Yes. Delaware’s nondiscrimination law explicitly includes state, local, and tax-funded agencies performing public functions and protects against discrimination based on sexual orientation, gender identity, or gender expression.
Protections for LGBTQ+ youth in the child welfare system?
Yes. In addition to the nondiscrimination law above, Delaware state agency policy also prohibits discrimination against adults and youth based on sexual orientation and gender identity.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Rights of Children in DSCYF Custody (see § 2522)
Learn more about foster care in Delaware here.
D.C.
Protections for LGBTQ+ individuals who want to foster?
Yes. The District of Columbia has statutory and regulatory protections against discrimination against a prospective parent or a child in foster care on the basis of sexual orientation, gender identity, or gender expression.
D.C. Code Ann. § 2-1402.73; D.C. Code Ann. § 4-1303.72; D.C. Mun. Regs. tit. 29, § 6004.1; D.C. Mun. Regs. tit. 29, § 6203
Protections for LGBTQ+ youth in the child welfare system?
Yes. See statutory and regulatory protections above. District agency policy also prohibits discrimination for youth in the child welfare system on the basis of sexual orientation and gender identity.
Check out these for more information: DC CFSA Policy: Gender Identity and Expression and DC CFSA Nondiscrimination Statement.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in D.C. here.
Florida
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Several Florida regulations prohibit sexual orientation, gender identity, and gender expression-based discrimination against youth in child-caring agency facilities and require direct care staff to obtain training in sexual orientation, gender expression, and gender identity. An agency is required to consider the safety, emotional well-being, preference of transgender youth when pursuing a placement option, as well as the recommendation of the child’s therapist, guardian, and case manager.
Fla. Admin Code 65C-46.012(5); 65C-46.012(4)(f); Fla. Admin. Code R. 65C-46.009(3)(h); Fla. Admin. Code R. 65-C 6.011(9)(c)(6); Fla. Admin. Code R. 65C-46.012
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Florida here.
Georgia
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt.
Protections for LGBTQ+ youth in the child welfare system?
No. Georgia does not have any state statutes, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation, gender identity, or gender expression.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Georgia here.
Hawaii
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Children in foster care in Hawaii have the right to be free from discrimination based on gender, gender identity, and sexual orientation. Hawaii has a statewide ban on the discredited practice of so-called “conversion therapy.”
Haw. Rev. Stat. Ann § 587A-3.1(b); Haw. Rev. Stat. Ann § 453J-1
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Hawaii here.
Idaho
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster and adopt. In 2024, Idaho enacted a child welfare license to discriminate law, allowing taxpayer funded child welfare agencies to refuse to place and provide services to children and families, including LGBTQ+ individuals, if doing so conflicts with their religious beliefs.
Protections for LGBTQ+ youth in the child welfare system?
Idaho does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Idaho have a statewide ban on the discredited practice of so-called “conversion therapy.” However, the Idaho Youth in Care Bill of Rights prohibits discrimination against youth in care on the basis of sexual orientation, gender identity, and gender expression.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Idaho here.
Illinois
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who wish to foster.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Illinois law protects children in child welfare from discrimination on the basis of sexual orientation and gender identity, as well as requires that caregivers receive training on cultural competency and sensitivity for LGBTQ+ youth. Illinois also has a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
20 Ill. Comp. Stat. Ann. § 521/5; 405 Ill. Comp. Stat. § 48/25
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Illinois here.
Indiana
Protections for LGBTQ+ individuals who want to foster?
There are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster. State agency policy prohibits discrimination on the basis of sexual orientation.
Check the Indiana Department of Child Services Code of Conduct for more information
Protections for LGBTQ+ youth in the child welfare system?
State agency policy prohibits discrimination against youth on the basis of sexual orientation or gender identity. However, Indiana does not have any laws or regulations in place that protect youth in the child welfare system from discrimination on the basis of sexual orientation or gender identity, nor does Indiana have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Indiana here.
Iowa
Protections for LGBTQ+ individuals who want to foster?
Yes. Iowa’s nondiscrimination law explicitly includes/applies to state and local government and “tax supported districts” and prohibits discrimination on the basis of sexual orientation, perceived sexual orientation, and gender identity. State agency policy also prohibits discrimination against individuals on the basis of sexual orientation or gender identity.
Check the Iowa Department of Human Services Non Discrimination Policy for more information.
Ia. Code Ann. § 216.2, 216.7
Protections for LGBTQ+ youth in the child welfare system?
State agency policy prohibits discrimination against individuals on the basis of sexual orientation or gender identity. However, Iowa does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Idaho have a statewide ban on the discredited practice of so-called “conversion therapy.”
Check the Iowa Department of Human Services Non Discrimination Policy for more information.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Iowa Foster Child and Youth Bill of Rights
- Iowa Rights of Youth in Out of Home Placement
- Iowa Rights and Responsibilities of Foster Parents (page three)
Learn more about foster care in Iowa here.
Kansas
Protections for LGBTQ+ individuals who want to foster?
No. The Kansas Adoption Protection Act, enacted in 2018, provides that child placement agencies are not required to “perform, assist, counsel, recommend, consent to refer or otherwise participate…” in the placement of a child if doing so conflicts with the agency’s sincerely held religious beliefs. This is particularly harmful for LGBTQ+ prospective parents who can be denied the opportunity to foster and adopt.
Kan. Stat. Ann § 60-5322
Protections for LGBTQ+ youth in the child welfare system?
No. Kansas does not have any laws, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Kansas have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Kansas here.
Kentucky
Protections for LGBTQ+ individuals who want to foster?
No. Kentucky has a broad “religious exemption law” stating that the “right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened” without a compelling governmental interest. However, Executive Order 2020- 554 (June 2020) prohibits discrimination based on sexual orientation and gender identity, among other enumerated characteristics, in all government services. These protections should apply to prohibit discrimination in Kentucky’s child welfare system.
Ky. Rev. Stat. Ann. § 446.350
Protections for LGBTQ+ youth in the child welfare system?
Kentucky does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Kentucky have a statewide ban on the discredited practice of so-called “conversion therapy.” However, Executive Order 2020-554 (June 2020) prohibits discrimination against all individuals, including youth, on the basis of sexual orientation and gender identity in all government services.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Kentucky here.
Louisiana
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Louisiana regulations prohibit discrimination in foster care based on a child’s sexual orientation or “any other non-merit factor.” Louisiana does not have a statewide ban on the discredited practice of so-called “conversion therapy.”
La. Admin Code. tit. 67, pt. V, § 7115(A)(5)
Learn more about foster care in Louisiana here.
Maine
Protections for LGBTQ+ individuals who want to foster?
Yes. Maine’s nondiscrimination law explicitly includes/applies to state and local governments, agencies, and departments, and protects against discrimination based on sexual orientation and gender identity. State agency policy also prohibits discrimination on the basis of sexual orientation.
Check the Maine DHHS Non-Discrimination Notice for more information.
Me. Rev. Stat. tit. 5 § 4553.8
Protections for LGBTQ+ youth in the child welfare system?
State agency policy prohibits discrimination against youth in the child welfare system on the basis of sexual orientation, gender identity, and gender expression. However, Maine does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity. However, Maine does have a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
Me. Rev. Stat. tit. 32 § 2112
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Maine here.
Maryland
Protections for LGBTQ+ individuals who want to foster?
Yes. Maryland has a state nondiscrimination law that explicitly applies to government units, officers, and employees, including in public accommodations, which prohibits discrimination based on sexual orientation and gender identity.
Md. State Gov’t Code Ann. § 20-901; § 20-304
Protections for LGBTQ+ youth in the child welfare system?
Yes. Maryland regulations prohibit discrimination on the basis of sexual orientation when placing a child for adoption and prohibit discrimination in foster care based on a child’s sexual orientation. Maryland has a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
Md. Code Regs. 07.05.03.15 & 10.57.05.03(C); Md. Health Occ. Code Ann. § 1-212.1
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Maryland here.
Massachusetts
Protections for LGBTQ+ individuals who want to foster?
Yes. State regulations prohibit discrimination against adoptive and foster parents on the basis of sexual orientation. Massachusetts also has a general nondiscrimination law that applies to the state and state services that prohibits discrimination on the basis of sexual orientation and gender identity. State agency policy also prohibits discrimination against individuals on the basis of sexual orientation and gender identity or expression.
Check the Massachusetts DCF Non-Discrimination Notice for more information.
110 C.M.R. 1.09; Mass. Gen. Laws Ann. CH. 151b; Mass. Gen. Laws Ann. ch. 272 § 98
Protections for LGBTQ+ youth in the child welfare system?
Yes. See the general nondiscrimination law above as well as state agency policy. State regulations also prohibit discrimination against children in care on the basis of sexual orientation. Massachusetts has a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
Mass. Gen. Laws Ann. ch. 112 § 275
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Massachusetts here.
Michigan
Protections for LGBTQ+ individuals who want to foster?
In 2015, Michigan passed a law allowing child-placement organizations to discriminate against prospective parents on the ground of sincerely held religious beliefs as stated in an agency’s policy or statement of faith. Under a settlement agreement reached in a lawsuit challenging the constitutionality of the law, the State of Michigan committed to ensuring that all taxpayer-funded, government-contracted child placing agencies comply with its nondiscrimination requirements, including sexual orientation and gender identity. In the wake of that settlement, a taxpayer-funded child placing agency sued the State of Michigan, claiming a constitutional right to discriminate. In a settlement reached in January of 2022, the Michigan Department of Health and Human Services agreed not to take any action against the discriminating charity, and also agreed to pay $550,000 in attorney’s fees and costs.
Mich. Comp. Laws Ann. § 722.124e; Dumont v. Gordon, 341 F. Supp. 3d 706 (E.D. Mich. 2018); Buck v. Gordon, 429 F.Supp. 3d 447 (W.D. Mich. 2019).
Protections for LGBTQ+ youth in the child welfare system?
Michigan does not have a statewide ban on the discredited practice of so-called “conversion therapy.” However, on June 14, 2021, Michigan Governor Gretchen Whitmer signed an executive order prohibiting the use of state or federal funds for conversion therapy on minors.
Executive Order 2021- 3.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Michigan here.
Minnesota
Protections for LGBTQ+ individuals who want to foster?
State agency policy does prohibit discrimination against individuals based on sexual orientation. However, there are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Minnesota.
Check the Minnesota Department of Human Services Social Services Manual for more information.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Minnesota has regulations prohibiting discrimination based on sexual orientation for children in the child welfare system. Minnesota has a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
Minn. R. 2960.0050; Minn. R. 2960.0080; Minn. R. 2960.3080; Minn. R. 2960.0 150; Minn. Stat. § 214.078
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Minnesota here.
Mississippi
Protections for LGBTQ+ individuals who want to foster?
No. In 2016, the Mississippi state legislature passed a sweeping “conscience clause” law that explicitly allows state-funded child placement agencies to discriminate against LGBTQ+ youth and prospective parents on the basis of a “sincerely held religious belief or moral conviction.” The law singles out LGBTQ+ individuals, defining “sincerely held religious beliefs or moral convictions” to be the belief or conviction that “(a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.” The law went into effect in October 2017 after the U.S. Court of Appeals for the Fifth Circuit reversed — on standing grounds — a lower court’s injunction against implementation of the law.
Miss. Code. Ann. § 11-62-5; Miss. Code. Ann. § 11-62-3; Barber v. Bryant, 860 F.3d 345 (5th Cir. 2017).
Protections for LGBTQ+ youth in the child welfare system?
Mississippi regulations prohibit discrimination against youth in care based on sexual orientation or gender identity. Mississippi does not, however, have a statewide ban against the discredited practice of so-called “conversion therapy.”
Code Miss. R. 18-006:101.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Mississippi here.
Missouri
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Missouri. State agency policy prohibits discrimination against all individuals based on sex (including pregnancy and gender identity) and sexual orientation.
Check the Missouri DSS Nondiscrimination Policy Statement for more information.
Protections for LGBTQ+ youth in the child welfare system?
State agency policy prohibits discrimination against all individuals based on sex (including pregnancy and gender identity) and sexual orientation. However, Missouri does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Missouri have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Missouri Foster Care Bill of Rights
- Missouri Foster Youth Handbook (rights and responsibilities on page seven)
Learn more about foster care in Missouri here.
Montana
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Montana. State agency policy prohibits discrimination against any individuals on the basis of sexual orientation only.
Check the Montana DHHS Notice of Nondiscrimination for more information.
Protections for LGBTQ+ youth in the child welfare system?
Montana does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Montana have a statewide ban on the discredited practice of so-called “conversion therapy.” However, as listed above, state agency policy prohibits discrimination on the basis of sexual orientation.
What other protections do foster parents and youth in care have?
Montana has no bill of rights for youth in care or foster parents. Learn more about foster care in Montana here.
Nebraska
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster in Nebraska.
Protections for LGBTQ+ youth in the child welfare system?
No. Nebraska does not have any laws, regulations, or agency policy that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Nebraska have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
Nebraska has no bill of rights for youth in care or foster parents. Learn more about foster care in Nebraska here.
Nevada
Protections for LGBTQ+ individuals who want to foster?
Nevada’s nondiscrimination law explicitly includes “any. . . adoption agency or other social service establishment” and prohibits discrimination based on sexual orientation and gender identity or expression.
Nev. Rev. Stat. Ann. §§ 651.050; 651.070.
Protections for LGBTQ+ youth in the child welfare system?
Nevada has laws that protect children from discrimination in foster care on the basis of sexual orientation and gender identity, and, in 2017, the Nevada legislature passed a law that requires child welfare agencies to treat transgender children in their care in accordance with their gender identity or expression and requires training for agency staff and foster parents on working with LGBTQ+ youth. Nevada has a statewide ban on conversion therapy on minors. State agency policy also prohibits discrimination against youth on the basis of sexual orientation and gender identity.
Nev. Rev. Stat. Ann. § 432.525; Nev. AB 99 (2017); Nev Rev Stat § 629.600
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Nevada here.
New Hampshire
Protections for LGBTQ+ individuals who want to foster?
Yes. State agency policy prohibits discrimination against all individuals on the basis of sexual orientation. New Hampshire’s state nondiscrimination law applies to the state and its agencies and prohibits discrimination on the basis of sexual orientation and gender identity.
Check the New Hampshire DHHS Non-Discrimination Policy for more information.
N.H. Rev. Stat. Ann. § 155:39-a, b; N.H. Rev. Stat. Ann. § 354-A:2
Protections for LGBTQ+ youth in the child welfare system?
Yes. New Hampshire law includes a Foster Care Bill of Rights that prohibits discrimination against youth in care on the basis of sexual orientation and gender identity. New Hampshire has a statewide ban prohibiting the discredited practice of so-called “conversion therapy.”
N.H. Rev. Stat. Ann. § 170-G:21; N.H. Rev. Stat. Ann. § 332-L:2
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in New Hampshire here.
New Jersey
Protections for LGBTQ+ individuals who want to foster?
Yes. New Jersey regulations prohibit discrimination in foster care based on the sexual orientation or gender identity of a child or prospective parent.
N.J. Amin. Code § 3A:14-1.5; N.J. Amin. Code § 3A:22- 4.1; N.J. Amin. Code § 3A:51-1.5.
Protections for LGBTQ+ youth in the child welfare system?
Yes. See regulation above. A person who is licensed to provide professional counseling shall not engage in sexual orientation change efforts with a person under 18 years of age. New Jersey has a state-wide ban prohibiting “sexual orientation change efforts” or so called “conversion therapy” on anyone under age 18.
Check the New Jersey Department of Children and Families Foster Care for more information.
N.J. Stat. Ann. § 45:1-55 (West); N.J. Stat. Ann. §§ 45:1-54 & 45:1-55.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in New Jersey here.
New Mexico
Protections for LGBTQ+ individuals who want to foster?
Yes. New Mexico has regulations protecting youth and prospective parents in the child welfare system from discrimination based on sexual orientation or gender identity.
N.M. Admin. Code § 8.10.8.10; N.M. Admin. Code §§ 8.10.8.10, 8.26.2.12, 8.26.2.13, 8.26.2.21, 8.26.5.15.
Protections for LGBTQ+ youth in the child welfare system?
Yes. See regulations above. New Mexico requires agency-provided LGBTQ-inclusive cultural competency training for current or prospective foster parents. New Mexico has a statewide ban on conversion therapy on minors.
N.M. Admin. Code § 8.26.5.18; N.M. Stat. Ann. § 32A-5-11.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in New Mexico here.
New York
Protections for LGBTQ+ individuals who want to foster?
Yes. New York regulations prohibit child welfare agencies from discriminating against prospective foster parents, current foster parents, or foster children based on their sexual orientation or gender identity or expression. New York regulations prohibit staff and volunteers of agencies providing preventive services from discriminating against families receiving preventive services based on sexual orientation or gender identity or expression.
N.Y. Comp. Codes R. & Regs. tit. 18, §§ 441.24 & 421.3; N.Y. Comp. Codes R. & Regs. tit. 18, § 423.4.
Protections for LGBTQ+ youth in the child welfare system?
Yes. See regulations above. New York law prohibits licensed mental health professionals from engaging in sexual orientation change efforts (conversion therapy) on minors.
NY CLS Educ § 6509-e.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in New York here.
North Carolina
Protections for LGBTQ+ individuals who want to foster?
State regulation prohibits discrimination against individuals on the basis of sexual orientation and gender identity in all government services.
NC Executive Order 24.
Protections for LGBTQ+ youth in the child welfare system?
North Carolina does not have a statewide ban on conversion therapy. However, on August 2, 2019, North Carolina Governor Roy Cooper signed an executive order banning any state funding of conversion therapy on minors.
Executive Order 97.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in North Carolina here.
North Dakota
Protections for LGBTQ+ individuals who want to foster?
No. In 2003, the North Dakota state legislature enacted a law that allows a child-placing agency to deny placement of a child with an LGBTQ+ couple or individual on the basis that the placement “violates the agency’s written religious or moral convictions or policies.”
N.D. Code § 50-12-07.1.
Protections for LGBTQ+ youth in the child welfare system?
North Dakota has a regulation that requires child-placing agencies to have a written intake, admission, and discharge policy that includes “[a] requirement that the child-placing agency will provide services to a child referred to the child-placing agency’s care without discrimination on the basis of race, color, national origin, religion, or sexual orientation.” North Dakota does not have a statewide ban on conversion therapy.
N.D. Admin. Code § 75-03-36-35.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- North Dakota Foster Care Handbook for Youth (Bill of Rights see page 10)
- Support for Providers (Foster Parents)
Learn more about foster care in North Dakota here.
Ohio
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster in Ohio.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Ohio regulations prohibit discrimination against youth in the child welfare system on the basis of sexual orientation and gender identity. Ohio does not have a state-wide ban prohibiting conversion therapy on minors.
Ohio Admin. Code § 5101:2-5-35(A)(15).
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Ohio here.
Oklahoma
Protections for LGBTQ+ individuals who want to foster?
No. In 2018, the Oklahoma state legislature passed a law allowing taxpayer-funded child placing agencies to discriminate with impunity based on their religious beliefs. Specifically, the law states, “no private child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.”
Okla. Stat. Tit. 10A 1-8- 112.
Protections for LGBTQ+ youth in the child welfare system?
Oklahoma regulations provide that all children in the child welfare system “have a right to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment” based on sexual orientation, gender identity, and other enumerated characteristics. The state of Oklahoma does not have a state-wide ban on conversion therapy on minors.
OAC 340:75-14-1(b).
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Oklahoma Statement of Rights for Children in Foster Care
- Foster Parents’ Rights and Responsibilities
Learn more about foster care in Oklahoma here.
Oregon
Protections for LGBTQ+ individuals who want to foster?
Yes. Foster parents have a right not to be discriminated against on the basis of sexual orientation or gender identity. State agency policy also prohibits discrimination based on sexual orientation and gender identity.
Or. Rev. Stat. § 418.648(10).
Protections for LGBTQ+ youth in the child welfare system?
Oregon regulation does not explicitly require that transgender youth be housed according to their gender identity, but it does state that “Department staff must consider the age, gender, gender expression, and gender identity, culture, special needs, behavior, and history of abuse of the child or young adult in the care or custody of the Department, when determining appropriate sleeping arrangements. Oregon law prohibits mental health providers or social health professionals from practicing conversion therapy on minors.
OAR 413-200-0335(1)(A); Or. Rev. Stat. § 675.850.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Oregon here.
Pennsylvania
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster in Pennsylvania.
Protections for LGBTQ+ youth in the child welfare system?
Pennsylvania has a regulatory prohibition against discrimination based on the sexual orientation of a child in the child welfare system, but only in the context of residential facilities. Pennsylvania does not have a statewide ban prohibiting the discredited practice of “conversion therapy.” However, on August 16, 2022, Governor Tom Wolf signed an executive order prohibiting the use of state funds for conversion therapy on minors.
Executive Order 2022-02; 55 Pa. Code § 3800.32.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Responsibilities of County and Private Agencies for Resource Families
- Pennsylvania Children in Care Bill of Rights
Learn more about foster care in Pennsylvania here.
Rhode Island
Protections for LGBTQ+ individuals who want to foster?
Yes. By regulation, Rhode Island’s Department of Children, Youth, and Families prohibits discrimination against any individual based on actual or perceived gender, sexual orientation, gender identity, or gender expression in any of its activities. This prohibition extends to agencies licensed through the Department and services purchased or obtained by the Department from other agencies, organizations, and institutions. State agency policy also prohibits discrimination against individuals on the basis of sexual orientation and gender identity.
Check the Rhode Island DHS Civil Rights for more information.
214 R.I. Code R. 10-00-1.14; 214 R.I. Code R. 40-00-4.1.2(F).
Protections for LGBTQ+ youth in the child welfare system?
Yes. Rhode Island law prohibits discrimination against youth in the child welfare system based on their sexual orientation, gender identity, or gender expression. Rhode Island law also prohibits the discredited practice of so-called “conversion therapy” on minors.
R.I. Gen. Laws § 42-72-15; R.I. Gen. Laws Ann. § 23-94-3.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Rhode Island here.
South Carolina
Protections for LGBTQ+ individuals who want to foster?
South Carolina regulation provides that an agency cannot discriminate against a prospective adoptive or foster care family based on sexual orientation, gender identity, or marital status. However, EO 2018-12, allows government-funded, state contracted child welfare agencies to turn away prospective parents that do not align with the agencies’ religious views.
S.C. Code Regs. 114-550(G)(3).
Protections for LGBTQ+ youth in the child welfare system?
South Carolina does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does South Carolina have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- South Carolina Children and Youth in Foster Care Bill of Rights
- South Carolina Foster Parent Bill of Rights
Learn more about foster care in South Carolina here.
South Dakota
Protections for LGBTQ+ individuals who want to foster?
No. In 2017, South Dakota passed a law allowing religion to be used as a license to discriminate against LGBTQ+ individuals. The law states that no child-placement agency may be required to “provide any service that conflicts with . . . any sincerely held religious belief or moral conviction” of the agency. Thus, this law allows state-funded adoption and foster care agencies to discriminate against LGBTQ+ youth in their care as well as potential parents based on any assertion of religious belief or moral conviction.
S.B. 149 (S.D. 2017); S.D. Codified Laws §§ 26-6-36, 26-6-37, 26-6-38, 26-6-39.
Protections for LGBTQ+ youth in the child welfare system?
State agency policy prohibits discrimination on the basis of sexual orientation and gender identity. However, South Dakota does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Nebraska have a statewide ban on the discredited practice of so-called “conversion therapy.”
Check the South Dakota Notice of Nondiscrimination for more information.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- South Dakota Foster Parent Handbook (Bill of Rights on page one)
Learn more about foster care in South Dakota here.
Tennessee
Protections for LGBTQ+ individuals who want to foster?
In January 2020, Tennessee enacted a child welfare license to discriminate law, allowing taxpayer funded child welfare agencies to refuse to “perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.”
Tenn. Code Ann. § 36- 1-147.
Protections for LGBTQ+ youth in the child welfare system?
Tennessee does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Tennessee have a statewide ban on the discredited practice of so-called “conversion therapy.” State agency policy prohibits discrimination against individuals on the basis of sexual orientation, gender identity and gender expression. In 2024, Tennessee enacted a law that allows foster/adoptive parents to disregard policies that require them to accept, support, and affirm the sexual orientation and gender identity (SOGI) of a foster child in their care if it conflicts with the parents sincerely held religious belief.
Check the Tennessee DCS Guidelines for Managing Children/Youth in DCS Custody Related to Sexual Orientation, Gender Identity and Expression and Tennessee Department of Children’s Services Foster Care & Adoption for more information.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Tennessee here.
Texas
Protections for LGBTQ+ individuals who want to foster?
No. In 2017, Texas enacted a license to discriminate law, allowing child welfare service providers to refuse to “provide, facilitate, or refer a person for child welfare services that conflict with . . . the provider’s sincerely held religious beliefs.” The law also permits child welfare service providers to provide “religious education” to the children and families it serves, which is broad enough to include the harmful practice of conversion therapy.
Tex. Hum. Res. Code § 45.004.
Protections for LGBTQ+ youth in the child welfare system?
Texas does not have any laws or regulations that explicitly protect youth in the child welfare system from discrimination based on sexual orientation or gender identity, nor does Texas have a statewide ban on the discredited practice of so-called “conversion therapy.”
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Texas here.
Utah
Protections for LGBTQ+ individuals who want to foster?
In 2023, Utah passed SB 154, allowing private agencies to refuse to “perform, assist, counsel recommend, consent to, facilitate, or participate in child placing with a qualified prospective adoptive parent that is contrary to the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or the good faith wishes of the birth mother as to the optimum placement of the child.” The bill also creates a consortium of agencies and, if one agency refuses to serve certain individuals, requires the denying agency to submit a referral to another consortium agency. Utah prohibits unmarried couples from fostering. Only legally married couples or single individuals can foster in Utah.
Utah Code Ann. § 63G-20-102; Utah Code Ann. § 63G-20-202; Utah Code Ann. § 63G-20-203.5; Utah Admin. Code R512-302-10.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Utah has regulations that prohibit discrimination in foster care based on the sexual orientation of a child. Utah regulations require consideration of a child’s sexual orientation and gender identity when determining placement. Utah prohibits conversion therapy for sexual orientation, gender identity, or gender expression on minors.
Utah Admin. Code R501-12-13(f); Utah Admin. Code R512-300-4(19)(f); Utah Admin Code R 156-60-102 & 156-60-502.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Utah here.
Vermont
Protections for LGBTQ+ individuals who want to foster?
State agency policy prohibits discrimination against individuals based on sexual orientation and gender identity. However, there are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Vermont.
Check the Vermont DCS Nondiscrimination Policy/Grievance Policy for more information.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Vermont law prohibits mental health care providers from using conversion therapy on minors. State agency policy prohibits discrimination against individuals based on sexual orientation and gender identity.
3 VSA 129a(24); 18 V.S.A. § 8351
Check the Vermont DCS Nondiscrimination Policy/Grievance Policy for more information.
Virginia
Protections for LGBTQ+ individuals who want to foster?
No. In 2012, the Virginia state legislature passed a “conscience clause” law, permitting private child placement agencies to refuse to “perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies,” thus allowing for discrimination against LGBTQ+ individuals and couples.
Va. Code Ann. § 63.2-1709.3.
Protections for LGBTQ+ youth in the child welfare system?
Yes. In March 2020, the Virginia General Assembly passed HB 386, which prohibits any licensed counselor or therapist from engaging in “conversion therapy” with a person under age 18. This prohibition includes any practice that involves “efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.”
Va. Code Ann. § 54.1-2409.5.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
Learn more about foster care in Virginia here.
Washington
Protections for LGBTQ+ individuals who want to foster?
State agency policy prohibits discrimination against individuals on the basis of sexual orientation and gender identity. However, there are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Washington.
Check the WA DSHS Nondiscrimination Policy for more information.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Washington regulations require child placing agencies, foster parents, and group care facilities to follow all state and federal nondiscrimination laws, treat all foster children within their care “with dignity and respect regardless of race, ethnicity, culture, sexual orientation and gender identity,” and connect children in their care “with resources that meets a child’s needs regarding race, religion, culture, sexual orientation and gender identity.” Washington law prohibits licensed health providers from performing conversion therapy on minors.
Wash. Admin. Code 110-147-1595 (child placing agencies); Wash. Admin. Code 110-148-1520 (foster homes); Wash. Admin. Code 110-145-1710 (group care facilities); Rev. Code Wash. 18.130.180 (27) & 18.130.020.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Washington Rights of Children and Youth in Foster Care
- Washington Foster Parent Rights and Responsibilities
Learn more about foster care in Washington here.
West Virginia
Protections for LGBTQ+ individuals who want to foster?
State agency policy prohibits discrimination against individuals on the basis of sexual orientation and gender identity. However, there are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in West Virginia.
Check the West Virginia DHHR Youth Services Policy for more information.
Protections for LGBTQ+ youth in the child welfare system?
Yes. West Virginia requires child-placing agencies to ensure that children have equal access to services regardless of sexual orientation or gender identity and requires LGBTQ-inclusive cultural competency training for child welfare staff. West Virginia does not have a statewide ban on conversion therapy. State agency policy also prohibits discrimination on the basis of sexual orientation and gender identity.
Check the West Virginia DHHR Youth Services Policy for more information.
W. Va. Code St. R. §§ 78-2-9, 78-3-11.
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- West Virginia Foster Child Bill of Rights
- West Virginia Foster and Kinship/Relative Parent Bill of Rights
Learn more about foster care in West Virginia here.
Wisconsin
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster in Wisconsin.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Wisconsin regulations prohibit foster parents, residential care centers, child placing agencies, and group home from discriminating against youth in their care based on sexual orientation. Wisconsin does not have a statewide ban on conversion therapy.
Check the Wisconsin Department of Children and Families, Foster Parent Information for more information.
Wis. Admin. Code DCF §§ 52.11, 54.04, 56.09, 57.05
What other protections do foster parents and youth in care have?
Wisconsin does not have a foster parent or youth in care bill of rights. To find additional resources, check out the Wisconsin Family Connections Center.
Wyoming
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes, regulations, or agency policy that explicitly protect LGBTQ+ individuals who want to foster in Wyoming.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Wyoming regulations require child welfare organizations to develop and maintain a “child’s rights policy” that includes the right for children and their family to have equal access to services regardless of their sexual orientation. Providers of substitute care services must include, amongst other personal data, the child’s “gender or gender identity” in its records for each child. Wyoming does not have a statewide ban on conversion therapy. However, Wyoming regulation provides for disciplinary measures and review of licensure for any psychologist who practices “sexual orientation change efforts, popularly known as conversion therapy.” .
Wyo. Code of Wyo. Rules 049.0029-3 § 23; Wyo. Admin. Code 049.0029.3 § 32; Wyo. Code of Wyo. Rules 068- 0001-10(4)(q)
What other protections do foster parents and youth in care have?
You can view the following for more protections:
- Rights for Wyoming Foster Youth
- Wyoming Foster Parent Handbook (see Rights on page 14)
Learn more about foster care in Wyoming here.
Puerto Rico
Protections for LGBTQ+ individuals who want to foster?
No. There are no statutes or regulations that explicitly protect LGBTQ+ individuals who want to foster in Puerto Rico.
Protections for LGBTQ+ youth in the child welfare system?
Yes. Puerto Rico has a regulation that explicitly protects youth in the child welfare system from discrimination based on sexual orientation and gender identity. Puerto Rico does not have a statewide ban on so-called conversion therapy. However, the former governor of Puerto Rico, the Hon. Ricardo Roselló, in 2019 signed Executive Order EO-2019-16 that partially banned conversion therapy for minors on the island after the House of Representatives decided to vote no on Senate Bill 1000, which would have made this practice illegal.
Regulation 8319, Article 18
This information was prepared and distributed by Family Equality.
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