Last month the federal Administration for Children and Families (ACF), which regulates state child welfare agencies that receive federal funding, issued a new rule called “Safe and Appropriate Foster Care Requirements for Titles IV-E and IV-B”. The rule, which goes into effect on July 1, 2024, makes it clear in this rule that all placements must be safe and appropriate … Read More
Last month the federal Administration for Children and Families (ACF), which regulates state child welfare agencies that receive federal funding, issued a new rule called “Safe and Appropriate Foster Care Requirements for Titles IV-E and IV-B”. The rule, which goes into effect on July 1, 2024, makes it clear in this rule that all placements must be safe and appropriate for all children, including LGBTQI+ children, and it specifically requires that the agency receiving the federal funds must ensure that family placements are free from harassment, mistreatment, and abuse, including on the basis of sexual orientation and gender identity. Further, it creates a mechanism for families who wish to do so to qualify as Designated Placements for LGBTQ+ children, which requires specific training and provision of appropriate resources that support the health and well-being of the young person such as mental health care.
Every LGBTQ+ person in the foster care system must have access to a Designated Placement and an agency must have an adequate number of Designated Placements available to meet the need. Children fourteen and older, and other children known by agencies to be LGBTQ+, must receive information about how to request a Designated Placement, how to receive additional services to help an existing placement become a Designated Placement, and the protections they have against retaliation.
Studies have shown that LGBTQ+ youth are overrepresented in foster care:
- Approximately 1 out of every 3 youth in foster care is LGBTQ+
- LGBTQ+ youth report higher rates of mistreatment while in care
- LGBTQ+ youth report more frequent placement disruptions
- LGBTQ+ youth report a higher likelihood of being placed in congregate care settings
The Department of Family and Protective Services has not issued any guidance related to this new federal rule yet, but CASA staff and volunteers should continue advocate for safe and appropriate placements for young people in foster care, regardless of how they identify. Texas CASA will continue to share information and resources as they become available and programs can find the full language for the new federal rule below.