The Department of Health and Human Services (HHS) proposed a rule that would require foster families to affirm a child’s gender identity.
If the family does not affirm a child’s gender identity, the child may be “transferred.”
The rule will protect “LGBTQI+ children” from “any entity that will not provide a safe and appropriate placement.”
Foster families cannot “undermine, suppress, or change the sexual orientation or gender identity of a child” or engage in “other activities that stigmatize a child’s LGBTQI+ identity.”
If a foster family finds the rule “burdens the provider’s religious exercise,” the agency will “assess whether applying the requirement furthers a compelling interest and whether there are less restrictive alternatives available.”
“Thus, even if the rule substantially burdens a religious practice, an exemption would not be required if the burden is necessary to the advancement of a compelling government interest through the least restrictive means possible,” the rule states.
In the announcement of the rule package, HHS Secretary Xavier Becerra said, “This is a historic package that underlines the Biden-Harris Administration’s steadfast commitment to putting children’s well-being first.”
“This package allows kin to step into a critical caretaker role, proposes necessary legal representation to keep families together, and a safe and accepting environment in which children can thrive. The Administration is providing vital resources to remove barriers for child welfare agencies to provide supports necessary to accomplish that mission.”
Reporting from The Blaze:
In a Wednesday statement, the Biden administration said the new proposed rules would “require that every state’s child welfare agency ensure that LGBTQI+ children in their care are placed in foster homes where they will be protected from mistreatment related to their sexual orientation or gender identity, where their caregivers have received special training on how to meet their needs, and where they can access the services they need to thrive.” The proposed rule is open to public comment for the next 60 days.
