RFK Jr.'s HHS proposes scrapping protections for LGBTQ+ kids in foster carehttps://www.advocate.com/politics/national/lgbtq-youth-foster-care-hhs 🔗Jacob Ogles (9 March 2026)
The U.S. Department of Health and Human Services has proposed formally removing federal regulations intended to ensure supportive foster placements for LGBTQ children, following a court decision that struck down the rule last year. Foster homes could soon reject LGBTQ+ children after President Donald Trump's administration proposed a new rule that would strip protections in place since 2024.
The Administration of Children and Families, in a notice of proposed rulemaking, announced it will remove requirements ensuring placement in foster care for children "who self-identify with an alternative sexual orientation or self-identify as something other than their sex." The agency operates under the direction of Health and Human Services Secretary Robert F. Kennedy, Jr. Public comments on the proposed rule change will continue to be collected until April 6.
But the agency said it plans to reverse course on rules put in place under Democratic President Joe Biden, citing a federal lawsuit from Texas. A U.S. District Court in Texas in June 2025 vacated the rule, saying the federal agency exceeded its authority in demanding protection of LGBTQ+ youth. The Trump administration does not plan to explore any alternative protections for LGBTQ+ youth denied access to foster care.
