Proposed Rule Could Remove Foster Care Protections for LGBTQ+ Youth

The Biden-era policy aimed to ensure LGBTQ+ children received "safe and proper" care in foster homes, but a new rule seeks to roll back those protections.

Mar. 13, 2026 at 10:06am

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A proposed rule by the Trump administration seeks to remove federal safeguards put in place in 2024 to protect LGBTQ+ youth in the foster care system. The Biden-era policy required foster parents to support a child's gender identity and sexual orientation, but the new rule would allow faith-based foster families to reject LGBTQ+ children. Advocates warn this could put vulnerable youth at risk of further discrimination, harassment, and even danger.

Why it matters

LGBTQ+ youth make up nearly 30% of the foster care population, despite being only about 10% of the overall youth population. They already face higher rates of discrimination, victimization, and mental health challenges in the foster system. Removing federal protections could force LGBTQ+ youth into homes that reject their identity, undoing the progress made to ensure their safety and well-being.

The details

The proposed rule by the Trump administration would roll back a 2024 Biden-era policy that required foster parents to support a child's gender identity and sexual orientation. The new rule would allow faith-based foster families to reject LGBTQ+ children, citing discrimination against their religious beliefs. The Department of Health and Human Services claims this will expand the pool of qualified caregivers, but advocates argue it puts vulnerable youth at risk of further harm.

  • The Biden-era policy was finalized on April 30, 2024.
  • The Trump administration proposed the new rule on March 6, 2026.

The players

Brad Schlaikowski

Executive director of Courage+, a nonprofit that works to advance the quality of life for LGBTQ+ youth in the Milwaukee area.

Emily Hilliard

Press secretary for the U.S. Department of Health and Human Services.

Abigail Swetz

Executive director of Fair Wisconsin, an organization that advocates for LGBTQ+ rights.

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What they’re saying

“Without these (federal) safeguards, states and agencies could place LGBTQ+ youth in homes or programs that openly reject them. For young people who have already experienced family rejection, this is not simply uncomfortable. It is dangerous.”

— Brad Schlaikowski, Executive director of Courage+ (greenbaypressgazette.com)

“Children in foster care must be placed with safe families, and for LGTBQ+ children, designated placement helps them find safety. This proposed rule is wrong and would make children less safe.”

— Abigail Swetz, Executive director of Fair Wisconsin (greenbaypressgazette.com)

What’s next

The proposed rule is currently open for public comment before the Department of Health and Human Services makes a final decision.

The takeaway

This proposed rule rollback threatens to undo hard-won protections for LGBTQ+ youth in the foster care system, potentially forcing them into homes that reject their identity and putting them at greater risk of discrimination, harassment, and mental health challenges. Advocates warn this move could have devastating consequences for a vulnerable population already facing significant challenges.