Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission
Key claim: ACF is removing from the Code of Federal Regulations the 2024 Designated Placement Requirements for LGBTQI+ children in foster care under Titles IV-E and IV-B, which a federal court vacated and which were never implemented.
Abstract
(Rule · Health and Human Services Department, Children and Families Administration) This rule finalizes the removal of the requirements issued in the Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children final rule that was published on April 30, 2024 (hereafter referred to as the 2024 final rule). The 2024 final rule required title IV-E/IV-B agencies to ensure that a Designated Placement is available for all children who self-identify with an alternative sexual orientation or self-identify as something other than their sex in foster care who request or would benefit from such a placement. Those requirements were never implemented as a result of the decision from the U.S. District Court for the Eastern District of Texas that vacated the 2024 final rule in its entirety. To ensure clarity for the public and regulated entities, ACF is removing the provisions from the Code of Federal Regulations (CFR).
Why this matters
ACF is removing from the Code of Federal Regulations the 2024 Designated Placement Requirements for LGBTQI+ children in foster care under Titles IV-E and IV-B, which a federal court vacated and which were never implemented.