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.
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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.
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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.
Because the ruling nullified the policy, HHS says the new proposal is meant to remove the now-invalid provisions from the federal code to “ensure clarity for the public and regulated entities.”
“The court’s decision vacated the final rule in its entirety, meaning that the rule is no longer in effect and has no legal force,” reads a notice issued by Kennedy. The agency said the repeal of the rule will not have a “significant impact” because only a small number of foster care agencies are affected. But it did say that ending any plans to enforce the rule would save more than $10.8 million over three years.
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During the Biden administration, protections were announced to ensure access to child welfare for all children.
“Every child deserves a safe and loving home,” said Xavier Becerra, Biden’s HHS Secretary, at the time. “When any child comes into government care, they should have supports and services that meet their specific needs. By addressing the needs of LGBTQI+ children, this rule brings us one step closer to ensuring that all children have the opportunity to thrive.”
