Texas challenges Biden administration rule requiring LGBTQ foster youth

[Lori Dee]

Texas challenges Biden administration rule requiring LGBTQ foster youth to be placed with supportive families
The state argues the new rule poses harm to its interest in enforcing anti-LGBTQ measures.
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Courthouse News Service - Kirk McDaniel / September 24, 2024

The state of Texas sued Tuesday to block the Biden administration from enforcing new federal guidance directing foster care providers to place LGBTQI+ children with caretakers that support their identity.

In its 21-page federal lawsuit filed in federal court in Tyler, Texas, the state accuses the U.S. Department of Health and Human Services of trying to force the concept of gender identity into the foster care system and mandate special treatment for queer youth.

As punishment for not adhering to the guidance, the state could have federal funds for foster care programs reduced. Republican Texas Attorney General Ken Paxton said in a statement announcing the filing that the Biden administration was effectively taking the state foster care system hostage in order to force "fringe beliefs about gender upon the entire country."

According to the department, the rule is aimed at ensuring a child's placement is safe and free from abuse or harassment. Under the rule, child welfare agencies will be required to ensure that a care provider is supportive of the child's LGBTQI+ status, is knowledgeable and skilled to address the child's needs, and is willing to provide access to appropriate resources to support the child's well-being.

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