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State-by-State Analysis of Child Welfare Systems

This map and summary outlines state protections in the nation’s child welfare system. Scroll down to select your state and find it’s specific information.

The information in the chart below is a summary of explicit state-based statutory-, regulatory- and policy-based protections, where they exist, against discrimination on account of sexual orientation, gender identity and gender expression (“SOGIE”) in the nation’s child welfare system. In jurisdictions without explicit SOGIE protections, the authors have highlighted where youth are explicitly protected from discrimination on account of sex or gender as courts continue to clarify that that sex- or gender-based discrimination includes discrimination on account of gender identity or gender stereotyping. States marked with an asterisk (*) have a policy specific to upholding the rights of lesbian, gay, bisexual, transgender, questioning and gender-nonconforming (“LGBTQ+”) youth in care, which includes information regarding practice guidelines in addition to a SOGIE-inclusive nondiscrimination clause.

In addition to explicit nondiscrimination protections found in child welfare-specific statute, regulation or policy, youth in state custody have constitutional rights to due process and equal protection. In some states, counties and cities, state or local public accommodation or human rights laws or ordinances may offer protections to the extent that those measures apply to all or part of the child welfare system. Some child welfare systems are county-based, and due to the large volume of counties in the United States, we have not included nondiscrimination policies at the county level.

Where available, we provide information regarding rights of children in foster care even if they are not SOGIE-inclusive. We also list grievance procedures and ombudsman offices. If LGBTQ+ youth in care are being mistreated or experiencing discrimination, administrative complaints may serve as a mechanism for addressing harmful treatment, among other advocacy options.

The authors have attempted to gather all available information, but this is likely not an exhaustive list. Please contact Amy Cook, acook@lambdalegal.org, if you notice an error or find that we missed a relevant statute, law or agency policy in your jurisdiction.

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Guam | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Puerto Rico | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

LGBTQ-Specific Policy

  • Arizona Department of Child Safety (DCS) has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The agency also has an LGBTQ+ specific policy that includes guidelines on a variety of subjects including, confidentiality, placement, inclusive language, and extracurricular/social activities.

    Arizona has a child welfare-specific religious refusal law. The law requires that the state cannot “take action” against foster care or adoption providers that “provided or decline to provide . . . services . . . consistent with . . . religious belief or exercise of religion.” Additionally, the “state may not discriminate against a person to whom the state government grants custody of an adopted child or foster child on the basis that the person guides, instructs or raises a child or intends to guide, instruct or raise a child in a manner consistent with the person’s religious belief or exercise of religion.” S.B. 1399 (2022). See also Ariz. Rev. Stat. § 8-921.

    Arizona DCS has an Office of the Ombudsman and the state has a government ombudsman that handles issues across state government.

    Statute:

    • Ariz. Rev. Stat. Ann. § 8-529
      Children in foster care; rights
      “A child in foster care and kinship foster care has the following rights: …
      To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.”

    Regulation: None known.

    Policy:

    State Agency Website: https://dcs.az.gov/

    Grievance Procedure:

    Ombudsman: 

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Connecticut Department of Children & Families has policy based protections against discrimination on account of sexual orientation, gender identity, or gender expression. The Department has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in care and has a best practice guide for working with transgender youth and caregivers.

    Connecticut has law banning conversion therapy. The state bars health care providers from administering “conversion therapy” to any person under 18 years of age. The law defines conversion therapy as any practice that “seeks to change the person’s sexual orientation or gender identity.” It characterizes conversion therapy as “an unfair or deceptive trade practice” and bars the expenditure of public funds for its purpose. Conn. Gen. Stat. Ann. §§ 19a-907-907c. See also H.B. 6695 (2017).

    Connecticut Department of Children and Families has an ombudsman and Connecticut has an Office of the Child Advocate.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Connecticut Department of Children & Families, Policy 21-16
      Non-Discrimination of LGBTQQIAA Individuals
      “The Department has an obligation to ensure fair, equal, and non-discriminatory treatment of all individuals who identify themselves as Lesbian, Gay, Bisexual, Transgender, Questioning, Queer, Intersex, Asexual and Ally (LGBTQQIAA), in accordance with state laws governing non-discrimination…
      The Department shall not delay or deny mentoring services, or the placement of a child for adoption or into foster care, or discriminate against any person, including:
      children, youth and adolescents under its care; biological, foster or adoptive parent(s); mentor(s) and tutor(s); and applicant(s) wishing to become a foster or adoptive parent(s) or mentor(s), who can meet all children’s needs
      on the basis of: gender identity and/or expression; marital/partner or cohabitation status; and actual or perceived inherent sexuality.”
      https://portal.ct.gov/-/media/DCF/Policy/Chapters/21-16.pdf
    • Connecticut Department of Children & Families,
      Working with Transgender Youth and Caregivers Practice Guide
      https://portal.ct.gov/-/media/DCF/Policy/BPGuides/21-16PG-Transgender.pdf

    State Agency Website: https://portal.ct.gov/DCF

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The District of Columbia has regulatory based protections against discrimination on account of gender, sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The District of Columbia has statutory protections that incorporate these regulatory based protections against discrimination on account of gender, sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The D.C. Child and Family Services Agency policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and a nondiscrimination policy specific to upholding the rights of transgender youth in the child welfare system.

    The District has law banning conversion therapy. The District prohibits providers from engaging in “sexual orientation change efforts” on minors, which is defined as “practice by a provider that seeks to change a consumer’s sexual orientation, including efforts to change behaviors, gender identity or expression, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same sex or gender[.]” D.C. Code Ann. §§ 7-1231.02, 7-1231.14a. See also B20-0501 (2014).

    The District of Columbia has a child welfare-specific Ombudsman’s office.

    Statute:

    • D.C. Code Ann. § 4-1303.72
      Statements of Rights and Responsibilities for Youth in Foster Care.
      “[A] Statement of Rights and Responsibilities for youth in foster homes, group homes, and independent living programs [will] (1) Incorporate existing rights for youth in foster care provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents.”

    Regulation:

    Nondiscrimination

    • D.C. Mun. Regs. tit. 29, § 6004
      Rights and Responsibilities of Foster Children Living in Foster Homes
      “6004.1 The following principles and rights are to govern the care and treatment of foster children.
      Each child is: . . .
      (g) Not to be subjected to discrimination as provided in the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et. seq.) [The relevant law reads: ‘It is the intent of the Council of the District of Columbia, in enacting this unit, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, and homeless status.’]”
    • D.C. Mun. Regs. tit. 29, § 6203
      Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes
      Statement of Resident’s Rights and Responsibilities
      “6203.1 A resident in a facility not intended exclusively for children who have been abused or neglected has the following rights. . . .
      (h) In accordance with the District of Columbia Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38, D.C. Official Code §§ 1-2501 et seq.), not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income or place of residence or business.
      6203.2 The following principles and rights are to govern the care and treatment of a foster child who is a resident of a facility for children who have been abused or neglected. Each such foster child is: . . .
      (g) Not to be subjected to discrimination as provided in D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.) [The relevant law reads: ‘It is the intent of the Council of the District of Columbia, in enacting this unit, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, and homeless status.’].”
    • D.C. Mun. Regs. tit. 29, § 6273
      Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes
      Behavior Management
      “6273.12 The facility shall prohibit unusual or extreme methods of discipline, including but not limited to: …
      (l) The deprivation of civil rights provided by law, including, where applicable, the right to privacy, the right to freedom of association, the right to vote, the right to practice or not practice religion or faith of choice, the right to be free from unreasonable search and seizure, the right to be free from sexual harassment, and the right to be free from discrimination, including the right to equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, or gender”
    • D.C. Mun. Regs. tit 29 § 6347
      Licensing of Independent Living Programs for Adolescents and Young Adults
      Behavior Management and Discipline
      “6347.4 An independent living program may not use forms of behavior management or discipline that involve cruel, severe, or humiliating actions, including, but not limited to:
      (l) Deprivation of civil rights provided by law, including, where applicable, the right to privacy, the right to freedom of association, the right to vote, the right to practice or not practice religion or faith of choice, the right to be free from unreasonable search and seizure, the right to be free from sexual harassment, and the right to be free from discrimination, including the right to equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, or gender”

      Training Requirements
    • D.C. Mun. Regs. tit 29 § 6026
      Foster Homes
      Foster Parent Training
      “6026.3 Pre-service training shall encompass the following areas: …
      (n) Information regarding the prevalence in foster care and unique health and social service needs of foster children who are at greater risk of aging out of foster care without being adopted, such as: …
      (5) LGBTQ foster children.
      (o) Cultural competency training designed to enhance awareness of the LGBTQ community.”

    Policy:

    • D.C. Child and Family Services Agency, Gender Identity and Expression 
      “It is unlawful for any person or entity to discriminate against an individual in employment, housing, public accommodations, or educational institutions on the basis of that individual’s actual or perceived gender identity or expression. For example, it is unlawful for CFSA or its entities to:
      1. Refuse to provide any service, program, or benefit, or access to any facility, of the District of Columbia government based on an individual’s gender identity or expression.
      2. Engage in verbal or physical harassment based on an individual’s gender identity or expression. 3. Create a hostile environment based on an individual’s gender identity or expression. 4. Deny access to restroom facilities and other gender specific facilities that are consistent with an individual’s gender identity or expression.”
      https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/publication/attachments/GAP_Gender_Identity_and_Expression_FINAL.pdf
    • D.C. Child and Family Services Agency
      Statement of Nondiscrimination
      “CFSA and our employees, contractors, and other partners do not discriminate against anyone on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, or place of residence or business.”
      http://cfsa.dc.gov/publication/statement-nondiscrimination
    • D.C. Child and Family Services Agency
      Non-Discrimination Statement
      “In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code § 2-1401.01 et seq., the Child and Family Services Agency (CFSA) does not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or place of residence or business… CFSA is committed to treating all persons, regardless of age, with respect, valuing and affirming differences, and preventing discrimination, harassment, or biases of any kind in the provision of services to the community. It is the philosophy of CFSA that children and youth in foster care who are, or who are perceived to be lesbian, gay, bisexual, transgendered or questioning (LGBTQ) deserve loving and permanent families and must be afforded the same rights, privileges, services, and protections as all children and youth. CFSA strongly opposes the use of conversion or reparative therapies that are purported to change the sexual orientation of youth”
      https://cfsa.dc.gov/page/cfsa-non-discrimination
    • D.C. Child and Family Services Agency
      Bill of Rights for Children and Youth in Foster Care
      “You have a right to fair treatment and respect. No one may scare, bully, or abuse you. No one may punish you with hitting or other violence. No one may refuse to help you or disrespect you because of your race, color, religion, appearance, sexual orientation, or disability.”
      https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/page_content/attachments/YBOR.pdf
    • D.C. Child and Family Services Agency
      Administrative Issuance CFSA-10-6, Bill of Rights for Youth in Care
      “As a youth in the foster care system, I am guaranteed the following general rights:
      V. To express my beliefs, customs, and values with the people where I live. I have the right to have my caregiver listen to and respect my beliefs, customs, and values.”
      https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/publication/attachments/AI%20-%20Bill%20of%20Rights%20for%20Youth%20in%20Care%20(final)_1.pdf

    State Agency Website: https://cfsa.dc.gov/services

    Grievance Procedure:

    Ombudsman:

    • District of Columbia Child and Family Services Agency Youth Ombudsman
      200 I Street, SE
      Washington, District of Columbia 20003
      Phone: (855) 874-3273
      Fax: (202) 727-6505
      Email: yo.bud@dc.gov
      https://ofc.dc.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Illinois Department of Children and Family Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and LGBTQ+ identity for youth in the child welfare system. The Department of Children and Family Services has a policy specific to upholding the rights of LGBTQ+ youth in care, best practices for providing affirming care, and LGBTQ+ specific training requirements for staff and foster caregivers. Illinois has regulatory based protections against discrimination on account of sex by contracted service providers, protections against discrimination on account of gender for anyone seeking adoption services, and considers “development of the child’s identity” as a consideration for their best interest.

    Illinois has law banning conversion therapy. The state prohibits mental health providers from engaging in “sexual orientation change efforts” or “conversion therapy” with anyone under the age of eighteen, which is defined as, “practices or treatments that seek to change an individual’s sexual orientation, […] including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex.” 405 Ill. Comp. Stat. 48/1-48/30. See also H.B.217 (2015). The law defines sexual orientation as inclusive of “gender-related identity.” 775 Ill. Comp. Stat. 5/1-103.

    Illinois has a child welfare-specific ombuds (Illinois Advocacy Office for Children and Families) and an Office of Executive Inspector General for the Agencies of the Illinois Governor.

    Statute: None known.

    Regulation:

    • 89 Ill. Adm. Code 308.30
      The Department’s Nondiscrimination Policy with Respect to Private Purchase of Service Providers
      “(a) The Department shall contract only with service providers who, in the provision of their services and opportunities for employment, exercise nondiscriminatory policies and practices. All purchase of service providers must provide contractual exhibits assuring that they do not discriminate in their employment and service delivery practices. Such providers include all child welfare service providers, social service providers, or any other purchase of service providers with whom the Department may contract. (b) Each provider shall comply with Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. and 2000e et seq.); Section 503 and 504 of the Rehabilitation Act (29 U.S.C. 793 and 794); the U.S. Constitution; the 1970 Illinois Constitution; any state and federal laws, regulations or orders which prohibit discrimination in employment on the grounds of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service other than a dishonorable discharge and service delivery on the grounds of race, sex, color, religion, national origin or ancestry, the inability to speak or comprehend the English language or by reason of any handicap. Refer to Part 307, Indian Child Welfare Services which defines the special rights of American Indians.”
    • 89 Ill. Adm. Code 309.20
      “‘Best interests’, as defined in the Juvenile Court Act of 1987 [705 ILCS 405], means consideration of the following factors, in the context of the child’s age and developmental needs: the physical safety and welfare of the child, including food, shelter, health, and clothing; the development of the child’s identity[.]”
    • 89 Ill. Adm. Code 401.500
      “Child welfare agencies that provide adoption services shall…
      (e) Prohibit discrimination against any child, birth parent, foster parent or prospective adoptive parent on the basis of race, religion, gender, or ethnicity.”

    Policy:

    Nondiscrimination

    State Agency Website: https://www2.illinois.gov/dcfs/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Maryland has statutory based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in residential child care programs. Maryland has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. In addition, the Maryland Department of Human Services has nondiscrimination policy specific to upholding the rights of LGBTQ+ youth in care, which includes a requirement to provide affirming and fair treatment regardless of the sexual orientation, gender identity, and gender expression of the youth.

    Maryland has law banning conversion therapy. The state prohibits mental health providers or child care practitioners from engaging in “conversion therapy” with anyone under the age of eighteen. The law defines conversion therapy seeking “to change an individual’s sexual orientation or gender identity.” Md. Code, Health Occ. § 1-212.1. See also S.B. 1028 (2018).

    Maryland Department of Human Services has a dedicated ombudsman for foster youth as well as one for parents.

    Statute:

    • Md. Code, Human Services, § 8-707
      Residents’ Bill of Rights; handbook of policies
      “(b) A contract awarded or renewed between an agency and a provider shall require the provider to:
      (1) post conspicuously a “Residents’ Bill of Rights” in the facility of the provider stating that a resident has a right: …
      (viii) not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business … ”

    Regulation:

    • Md. Code Regs. 07.01.03.03
      Nondiscrimination Requirement.
      “A. As a State agency and a recipient of federal funds, the Department, local departments, and individuals receiving funds through the Department may not engage in discriminatory practices.
      B. Services to the Public.
      (1) In the provision of services to the public, discrimination is prohibited based on:
      (a) Race; (b) Religion; (c) Color; (d) National origin; (e) Sex; (f) Physical or mental disability; (g) Age; or (h) Sexual orientation.…
      D. This regulation applies to other agencies, organizations, employers, institutions, and contractors from whom the Department purchases services, except when the discriminatory practices are permitted by law.”
    • Md. Code Regs. 07.01.03.04
      Discrimination Prohibited.
      “A. Delivery of Services.
      (1) In the delivery of services, the Department or local departments may not,on the grounds of religious or political opinion or affiliation, race, color, national origin, sex, physical or mental disability, or age:
      (a) Deny any aid, care, service, or other benefits provided under any program;
      (b) Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;
      (c) Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program”
    • Md. Code Regs. 10.57.05.03(C)
      General Conduct.
      “In the capacity or identity as a certified residential child care program administrator or certified residential child and youth care practitioner may not . . .
      (5) Practice, condone, or facilitate discrimination, or collaborate to discriminate on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, disability, or other preference or personal characteristic, condition, or status with an individual or group of individuals;
      (6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client[.]”

    Policy:

    • Maryland Department of Human Services, Social Services Administration, Policy No. SSA/CW #23-05 Working with Lesbian, Gay, Bisexual, Transgender and Queer/Questioning, Intersex, Asexual/Allied, and Two-Spirit (LGBTQIA2S+) Youth and Families
      https://dhs.maryland.gov/documents/SSA%20Policy%20Directives/Child%20Welfare/SSA%2023-05%20CW%20Working-with-Lesbian-Gay-Bisexual-Transgender-Queer_Questioning-Intersex-and-Asexual_Allied-LGBTQIA2S-Youth-and-Families.pdf
    • Maryland Department of Human Services, Social Services Administration
      Youth Matter Out-of Home Placement Program Handbook for Maryland’s Youth in Foster Care (p. 8, 20)
      “As a child or youth in foster care, you have the right: …
      To fair treatment, whatever your gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation …
      Your Rights as an LGBTQ Youth in Care
      DHR/SSA is committed to all young people living in spaces where they can be open and honest about their identities. What this means is that you have the right to express your own individual sense of:
      Gender Presentation: As long as you are dressed appropriately, you can wear the clothing, accessories, and/or hairstyle that suits your gender identity (i.e. someone born male has a right to wear a dress, someone born female has a right to wear men’s clothing).
      Gender Identity: Everyone is assigned a sex (male or female) at birth, but that doesn’t always mean that we identify with that sex. You have the right to openly identify as whatever gender you are. Check out our terms and definitions section for information about gender and sex.
      Sexual Orientation: You can date peers of the same sex, openly identify as who you are, and engage in other age appropriate activities for LGBTQ youth (such as participating in a Gay Straight Alliance at your school).”
      https://dhs.maryland.gov/documents/Manuals/Foster%20Care/Foster%20Youth%20Handbook

    State Agency Website: https://dhs.maryland.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Massachusetts has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system and licensing requirements for foster parents to demonstrate the ability to support and respect a child’s sexual orientation or gender identity. Massachusetts Department of Children and Families has policy based protections against discrimination on account of sexual orientation or gender identity or expression and policies specific to upholding the rights of LGBTQ+ youth in care, best practices for providing affirming care, and guidance for providing timely gender-affirming healthcare for transgender youth in care. In addition, Massachusetts Department of Social Services has a nondiscrimination policy specific to upholding the rights of GLBT youth in care, which includes sexual orientation and gender identity and expression as protected classes.

    Massachusetts has law banning conversion therapy. State statute requires that “a health care provider shall not advertise for or engage in sexual orientation and gender identity change efforts with a patient less than 18 years of age.” Conversion therapy is defined as “any practice by a health care provider that attempts or purports to impose change of an individual’s sexual orientation or gender identity, including but not limited to efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” Mass. Gen. Laws Ch. 112, § 275. See also H 140 (2019).

    Massachusetts has a child welfare ombudsman and an office of the child advocate.

    Statute: None known.

    Regulation:

    • 110 Mass. Code Regs. 1.09
      Special Provisions Relating to Nondiscrimination
      “(1) No Applicant for or recipient of Department [of Children and Families] services shall, on the ground of race, creed, color, religion, age, ancestry, marital status, sex, sexual orientation, language, disability, veteran status, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in connection with, any service, program, or activity administered or provided by the Department.”
    • 110 Mass. Code Regs. 7.104
      Standards for Licensure as a Foster/Pre-adoptive Parent
      “(1) A foster/pre-adoptive parent applicant must demonstrate, to the satisfaction of the Department the ability:
      (a) to assure that a child placed in his or her care will experience a safe, supportive, nurturing and stable family environment which is free from abuse or neglect; …
      (d) to promote the physical, mental, and emotional well-being of a child placed in his or her care, including supporting and respecting a child’s sexual orientation or gender identity”

    Policy:

    Nondiscrimination

    • Massachusetts Department of Social Services, Standards of Care Relative to Gay Lesbian Bisexual and Transgendered (GLBT) Youth
      https://legacy.lambdalegal.org/sites/default/files/massachusetts_policy_re_care_of_lgbtq_youth.pdf
    • Massachusetts Department of Children and Families
      LGBTQ – A Guide for Working with Youth and Families
      “LGBTQ youth have the right to be free from discrimination and harassment based on their sexual orientation or gender identity or expression in schools, child welfare placements, and juvenile justice facilities. This extends to the right to safe and supportive caregivers; to equal treatment and access to appropriate services; and to have their sexual orientation, gender identity and gender expression respected in all services.”
      https://www.mass.gov/doc/lgbtq-a-guide-for-working-with-youth-and-families/download
    • Massachusetts Department of Children and Families
      The Answer Book; Foster Child Bill of Rights (pg. 46)
      “Every foster child . . . Shall be treated with respect by DCF staff, foster parents and providers without regard to race, ethnicity, sexual orientation, gender identity, religion and/or disability.”
      https://www.mass.gov/doc/youth-resource-the-answer-book-2018/download?_ga=2.209970141.972910103.1632764363-141390921.1632764363Gender Affirming Medical Care
    • Massachusetts Department of Children and Families
      Gender Affirming Medication Consent Policy
      “The Department of Children and Families recognizes and respects the affirmed gender identities and various gender expressions of the children, youth, young adults, and families involved with the Department. Department staff destigmatize gender diversity by promoting the self-worth of all Department involved children and youth, facilitating access to affirming services and educating families when appropriate. Department staff maintain a safe community space where children and youth are free to develop and explore their gender identity and expression.
      For children and youth in state custody (protective and CRA), the Department ensures that transgender and gender diverse youth have access to medically necessary care including psychotherapy without unnecessary delays, requirements, or barriers. The Department recognizes the importance of early identification of these children/youth along with early access to medical treatment and support. The Department has established policy guidelines and procedures for staff to follow to ensure the medical needs of transgender and gender diverse children in state custody are addressed in a timely manner”
      https://www.mass.gov/doc/gender-affirming-medication-consent-policy/downloadData/Research
    • The Commonwealth of Massachusetts Commission on Lesbian, Gay, Bisexual, Transgender, Queer & Questioning Youth
      2020 Report & Recommendations
      https://www.mass.gov/doc/ma-commission-on-lgbtq-youth-2020-report-and-recommendations/download?_ga=2.183369958.1762114400.1616440423-806822020.1616440423

    State Agency Website: https://www.mass.gov/orgs/massachusetts-department-of-children-families

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Michigan Department of Health and Human Services has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for anyone seeking to access services. The department also has policy specific to upholding the rights of LGBTQ+ youth in care, including protections against discrimination on account of sexual orientation and gender identity for youth in the child welfare system.

    Michigan haw law banning conversion therapy. Statue states,“a mental health professional shall not engage in conversion therapy with a minor.” Conversion therapy is defined as “any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity, including, but not limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.” Mich. Comp. Laws Ann. §§ 330.1100a, 330.1901a. See HB4616 and HB4617 (2023).

    Michigan has a child welfare-specific religious refusal law that applies only to agencies that do not recieve state funding. State law requires “the department shall not take an adverse action against a child placing agency on the basis that the child placing agency has declined or will decline to provide services that conflict with, or provide services under circumstances that conflict with, the child placing agency’s sincerely held religious beliefs contained in a written policy, statement of faith, or other document adhered to by the child placing agency.” H.B. 4188, H.B.4190, H.B. 4189, (2015). See also Mich. Comp. Laws Ann. § 722.124e-722.124f. This was limited to agencies that do not recieve taxpayering funding by a settlement in Dumont v. Gordon.

    Michigan has a child welfare ombuds (Michigan Office of the Child Advocate).

    Statute: 

    • Mich. Admin. Code R 400.12313
      “(2) An agency shall ensure that methods of behavior support for a foster child are positive, consistent, and compassionate based on each foster child’s needs, stage of development, and behavior, and promote self-regulation, self-esteem, and independence.
      (3) All the following are prohibited: …
      (e) Verbal abuse, threats, including the use of derogatory or discriminatory language, negative references to the child’s or the child’s family SOGIE, yelling at youth, ridicule, or humiliation.”

    Regulation: None known.

    Policy:

    • Michigan Department of Health and Human Services
      A Practice Guide for Working with Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, and Two Spirit Youth in Michigan’s Child Welfare System
      “Michigan Department of Health and Human Services (MDHHS) will not discriminate against any individual or group because of race, sex, religion, age, national origin, color, height, weight, marital status, gender identity or expression, sexual orientation, political beliefs, or disability. This applies to all children supervised by MDHHS, and to all licensed and unlicensed caregivers and families and/or relatives that could potentially provide care or are currently providing care for MDHHS supervised children, including MDHHS supervised children assigned to a contracted agency”
      https://www.michigan.gov/-/media/Project/Websites/mdhhs/Folder3/Folder87/Folder2/Folder187/Folder1/Folder287/MDHHS-Pub-1211.pdf?rev=cadf9a132fb7407bb1e39edbb7fe670b
    • Michigan Department of Health and Human Services
      Nondiscrimination Statement
      “The Michigan Department of Health and Human Services will not exclude from participation in, deny benefits of, or discriminate against any individual or group because of race, sex, religion, age, national origin, color, height, weight, marital status, gender identification or expression, sexual orientation, partisan considerations, or a disability or genetic information that is unrelated to the person’s eligibility.”
      https://www.michigan.gov/mdhhs/adult-child-serv/juvenilejustice/nondiscrimination-statementdeclaracion-de-no-discriminacion
    • Michigan Department of Health and Human Services
      Children’s Foster Care Policy Manuals
      “A child must not be determined to be a minor requiring treatment solely based on the following conditions: … Sexual orientation, gender identity, or gender expression.”
      https://dhhs.michigan.gov/OLMWeb/ex/FO/Mobile/FOM/FOM%20Mobile.pdf

    State Agency Website: http://www.michigan.gov/mdhhs/

    Grievance Procedure:

    Ombudsman:

    • Michigan Office of the Child Advocate
      P.O. Box 30026
      Lansing, Michigan 48909
      Phone (Lansing Area): (517) 241-0400
      Phone (Outside the Lansing Area): 1-800-MICH-FAM (1-800-642-4326)
      Fax: (517) 335-4471
      http://www.michigan.gov/oco/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Minnesota has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system and LGBTQ+ inclusive cultural competency training requirements. Minnesota has a nondiscrimination policy specific to upholding the rights of LGBTQ+ youth in care, including protections against discrimination on account of sexual orientation and gender identity for youth in the child welfare system. The state Department of Human Services has policy based protections against discrimination based on sex, including sex stereotypes and gender identity, and sexual orientation.

    Minnesota has law banning conversion therapy. State statute requires that, “no mental health practitioner or mental health professional shall engage in conversion therapy with a client younger than 18 years of age or with a client who is a vulnerable adult[.]” Minn. Stat. Ann. § 214.078. See also H.F. 16 (2023).

    Minneosta has an Office of the Ombudsperson for Families.

    Statute: None known.

    Regulation:

    Nondiscrimination/Protection from Harm

    • Minn. R. 2960.0050
      Licensure and Certification of Programs for Children
      Resident Rights and Basic Services
      “A resident has basic rights including, but not limited to, the rights in this subpart. The license holder must ensure that the rights in items A to R are protected: . . .
      P. right to be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation”
    • Minn. R. 2960.3060
      Requirements: Foster Family and Residence Settings, and Treatment Foster Care
      License Holder Qualifications
      “Subpart 4. Home study of applicant … The applicant must demonstrate the ability to:
      E. actively support the foster child’s racial or ethnic background, culture, and religion, and respect the child’s sexual orientation”
    • Minn. R. 2960.0080
      Licensure and Certification of Programs for Children
      Facility Operational Service Policies and Practices
      “Subpart 5. Discipline policy and procedures required. The license holder must have discipline policies and procedure that require the resident’s abuse history and developmental, cultural, disability, and gender needs be taken into consideration when deciding the disciplinary action to be taken with a resident. The policy must include the requirements in items A to E.
      A. The license holder must not subject residents to: . . .
      (2) verbal abuse, including, but not limited to: name calling; derogatory statements about the resident or resident’s family, race, gender, disability, sexual orientation, religion, or culture; or statements intended to shame, threaten, humiliate, or frighten the resident”
    • Minn. R. 2960.3080
      Requirements: Foster Family and Residence Settings, and Treatment Foster Care
      Placement, Continued Stay, and Discharge
      “Subpart 8. Discipline. The license holder must consider the [foster] child’s abuse history and developmental, cultural, disability, and gender needs when deciding the disciplinary action to be taken with the child. Disciplinary action must be in keeping with the license holder’s discipline policy. The discipline policy must include the requirements in items A and B.
      A. Children must not be subjected to:  …
      (2) verbal abuse, including, but not limited to: name calling; derogatory statements about the child or child’s family, race, gender, disability, sexual orientation, religion, or culture”Training Requirements
    • Minn. R. 2960.0100
      Licensure and Certification of Programs for Children
      Personnel Policies
      “Subpart 3. Orientation and in-service training … The license holder must ensure that staff who will have direct contact with residents attend and successfully complete orientation training before having unsupervised contact with residents.
      A. Orientation training must include at least the subjects in subitems (1) to (6):
      (3) cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for residents”
    • Minn. R. 2960.0150
      Additional Standards for Group Residential Settings
      Personnel Policies.
      “The license holder must provide orientation and training to staff and volunteers regarding:
      (1) culturally competent care; (2) racial bias and racism issues; (3) gender issues, including the psychosocial development of boys and girls; (4) sexual orientation issues; and (5) physical, mental, sensory, and health-related disabilities, bias, and discrimination.”
    • Minn. R. 2960.3210
      Additional Requirements For Foster Residence Settings
      Staff Training Requirements
      “Subpart 1. Orientation … Orientation training must include at least the topics in items A to F: …
      C. cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children”
    • Minn. R. 2960.3070
      Requirements: Foster Family and Residence Settings, and Treatment Foster Care
      Foster Parent Training
      “Subpart 1. Orientation … The foster parent’s orientation must include items A to E: …
      C. cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children …
      Subpart 2. In-service training … The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent: …
      V. sexual orientation”

    Policy:

    • Minnesota Department of Human Services, Child Safety and Permanency Division, A Practice Guide for Caseworkers, Foster Parents and Facility Staff: Working with gay, lesbian, bisexual, transgender, queer/questioning and two-spirit youth in the child welfare system
      https://edocs.dhs.state.mn.us/lfserver/Public/DHS-6500-ENG
    • Minnesota Department of Human Services
      Civil rights in Human Services
      “The Minnesota Department of Human Services, Equal Opportunity and Access Division, prohibits discrimination in its programs because of race, color, national origin, creed, religion, sexual orientation, public assistance status, age, disability or sex (including sex stereotypes and gender identity under any health program or activity receiving federal financial assistance).”
      https://mn.gov/dhs/general-public/about-dhs/administration-management/civil-rights.jsp

    State Agency Website: https://mn.gov/dhs/

    Grievance Procedure:

    Ombudsman:

    • Minnesota Office of the Ombudsperson for Families
      1450 Energy Drive
      Suite 106
      St. Paul, Minnesota 55108
      Phone: (651) 603-0058
      Toll-Free: 1-888-234-4939
      Fax: (651) 643-2539
      http://mn.gov/ombudfam/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Missouri Department of Social Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. Missouri Department of Social Services: Children’s Division also has LGBTQ+ specific foster care policy with best practice guidance for inclusive care.

    Missouri has a child welfare-specific ombuds (Office of Child Advocate).

    Statute: None known.

    Regulation: None known.

    Policy:

    • Missouri Department of Social Services
      Nondiscrimination Policy Statement
      “The Missouri Department of Social Services (DSS) is committed to the principles of equal employment opportunity and equal access to services. Accordingly, DSS employees, applicants for employment, and contractors are treated equitably regardless of race, color, national origin, ancestry, genetic information, sex (including pregnancy and gender identity), sexual orientation, age, disability, religion, or veteran status…
      DSS applicants for, or recipients of, services from DSS are treated equitably regardless of race, color, national origin, ancestry, sex (including pregnancy and gender identity), sexual orientation, age, disability, religion, or veteran status. Appropriate interpretive services will be provided as required for the visually or hearing impaired and for persons with language barriers.”
      http://dss.mo.gov/files/missouri-nondiscrimination-policy-statement.htm
    • Missouri Department of Social Services: Children’s Division
      Best Practice Guidance for Supporting LGBTQ Youth In Foster Care For Child Welfare Staff
      https://dss.mo.gov/cd/older-youth-program/files/best-practice-guide-for-staff.pdf

    State Agency Website: https://dss.mo.gov/

    Grievance Procedure:

    Ombudsman:

    • Missouri Office of Child Advocate
      PO Box 809
      Jefferson City, Missouri 65102
      Toll-Free: (866) 457-2302
      Phone: (573) 522-8683
      Email: oca@oca.mo.gov
      https://oca.mo.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Jersey has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity and gender expression for youth in the child welfare system. New Jersey Department of Children and Families has a policy specific to upholding the rights of LGBTQ+ youth in care and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system.

    New Jersey has law banning conversion therapy. The state prohibits counselors from imposing “sexual orientation change efforts” on anyone under the age of eighteen. The law defines sexual orientation change efforts as “the practice of seeking to change a person’s sexual orientation, including . . . efforts to change behaviors, gender identity, or gender expressions.” N.J. Stat. § 45:1-55. See also A3371 (2013).

    New Jersey has a child welfare-specific ombuds (New Jersey Department of Children and Families, Office of Advocacy).

    Statute: None known.

    Regulation:

    • N.J. Admin. Code 3A:14-1.5
      Nondiscrimination
      “(b) Neither the Division nor any contract agency providing resource care services shall discriminate with regards to the licensing of a resource parent or to providing resource care in accordance with N.J.A.C. 10:122C-2.1(b)1, on the basis of age; disability; gender; religion; sexual orientation; parental status; or birth status, against:
      1. Any person who requests information about becoming a resource parent;
      2. A resource parent applicant;
      3. A licensed resource parent;
      4. A child needing placement in a resource home; or
      5. A child placed in a resource home.”
    • N.J. Admin. Code 3A:11-1.4
      Rights of applicants and clients
      “(i) The Division shall not discriminate against an applicant or client on the basis of race; color; ethnicity; national origin; age; handicapping condition; gender; religion; marital, civil union, domestic partnership, parental or birth status; affectional or sexual orientation, as defined at N.J.S.A. 10:5-5hh; or gender identity or expression, as defined at N.J.S.A. 10:5-5rr.”

    Policy:

    • New Jersey Department of Children and Families Policy Manual
      CP&P VI-B-1-500 LGBTQI Policy
      “CP&P staff DCF contracted providers are prohibited from engaging in any form of discrimination, bias or harassment on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, marital status or partnership, mental or physical disability, gender identity or expression, sexual orientation, veteran status, alienage and citizenship status.”
      https://dcfpolicy.nj.gov/api/policy/download/CPP-VI-B-1-500.pdf
    • New Jersey Department of Children and Families Policy Manual
      CP&P I-A-1-100, CP&P Mission, Vision and Goals
      “CP&P prohibits discrimination based on an individual’s sexual orientation, gender identity, or gender expression. The CP&P practice of inclusion extends to service delivery. Therefore, heterosexual, lesbian, gay, bisexual, transgender, questioning and intersexed youth are provided with equal access to all available services, including placement, care, and treatment.”
      https://dcfpolicy.nj.gov/api/policy/download/CPP-I-A-1-100.pdf
    • New Jersey Department of Children and Families
      CP&P X-A-1-5.44 Division of Child Protection and Permanency (CP&P)
      Youth Bill of Rights: To Ensure the Rights of Each Child and Adolescent in Placement
      “Your out-of-home placement shall not discriminate against you based on your age, race, color, national origin, disability, gender identity, gender expression, religion, or sexual orientation”
      https://dcfpolicy.nj.gov/api/policy/download/CPP-X-A-1-5.44.pdf https://dcfpolicy.nj.gov/api/policy/download/BillofRights.pdf

    State Agency Website: http://www.state.nj.us/dcf/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New York has regulatory and policy based protections from discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the child welfare system. In addition, New York State’s Office of Children and Family Services has a policy specific to upholding the rights of LGBTQ+ youth in care. New York City’s Administration for Children and Families also has a detailed LGBTQ+ policy and additional guidelines for serving transgender and gender-nonconforming youth (see NYC-specific chart below).

    New York has law banning conversion therapy. The state considers it “professional misconduct for a mental health professional to engage in sexual orientation change efforts upon any patient under the age of eighteen years.” These efforts are defined as “any practice by a mental health professional that seeks to change an individual’s sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex[.]” N.Y. Educ. Law §§ 6509-e, 6531-a. See also S.B. 1046 (2019). Additionally, state regulation requires that “no facility shall provide services to minor patients that are intended to change such minor’s sexual orientation or gender identity, including efforts to change behaviors, gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex.” N.Y. Comp. Codes R. & Regs. tit. 14, § 527.8(d). Insurance regulation dictates that “[n]o policy or certificate shall provide coverage for conversion therapy rendered by a mental health professional to an individual under the age of 18 years.” N.Y. Comp. Codes R. & Regs. tit. 11, § 52.16(2).

    New York has a child welfare-specific ombudsman.

    Statute: None known.

    Regulation:

    • N.Y. Comp. Codes R. & Regs. tit. 18, § 441.24
      Nondiscriminatory treatment.
      “(a) Authorized agency staff and volunteers shall not engage in or condone discrimination or harassment against prospective foster parents, foster parents, or children in foster care or any family members being served by the agency, on the basis of race, creed, color, national origin, age, sex, religion, sexual orientation, gender identity or expression, marital status, or disability. Authorized agencies shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth; promptly investigate incidents of discrimination and harassment by staff, volunteers and youth; and take reasonable and appropriate corrective or disciplinary action when such incidents occur. Certified or approved foster parents shall not engage in discrimination or harassment against children in foster care or any family members being served by the agency, on the basis of race, creed, color, national origin, age, sex, religion, sexual orientation, gender identity or expression, marital status, or disability, and shall promote and maintain a safe environment.”
    • N.Y. Comp. Codes R. & Regs. tit. 18, § 423.4
      Service provision requirements
      “(m)(7) Staff and volunteers of agencies providing preventive services shall not engage in discrimination or harassment of families receiving preventive services on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Such agencies shall promote and maintain a safe environment, take reasonable steps to prevent discrimination by staff and volunteers, promptly investigate incidents of discrimination and harassment, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person’s internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other means.”
    • N.Y. Comp. Codes R. & Regs. tit. 18, § 421.3
      General requirements
      “Authorized agencies providing adoption services shall: …
      (d) prohibit discrimination and harassment against applicants for adoption services on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability, and, shall take reasonable steps to prevent such discrimination or harassment by staff and volunteers, promptly investigate incidents of discrimination and harassment, and take reasonable and appropriate corrective or disciplinary action when such incidents occur.”
    • N.Y. Comp. Codes R. & Regs. tit. 9 § 8.177
      Executive Order No. 177: Prohibiting State Contracts With Entities That Support Discrimination.
      “(a) Affected State Entities are hereby directed to amend their procurement procedures to prevent Affected State Entities from entering into contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sexual orientation, gender identity, military status, sex, marital status, disability, or other protected basis.”

    Policy:

    • State of New York, Office of Children & Family Services, PPM 3442.00, Lesbian, Gay, Bisexual, Transgender and Questioning Youth 
      “All OCFS staff, volunteers and contract providers are prohibited from engaging in any form of discrimination against or harassment of youth on the basis of actual or perceived sexual orientation, gender identity, and gender expression.”
      https://www.nycourts.gov/ip/judicialinstitute/transgender/220U.pdf
    • State of New York, Office of Children and Family Services, 09-OCFS-INF-06, Promoting a Safe and Respectful Environment for Lesbian, Gay, Bisexual, Transgender, and Questioning Children and Youth in Out-of-Home Placement 
      http://on.ny.gov/2bRhew8
    • State of New York, Office of Children & Family Services
      LGBTQ Sexual Orientation Series Booklet
      https://ocfs.ny.gov/main/publications/Pub5090.pdf

    State Agency Website: https://ocfs.ny.gov/main/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New York City Administration for Children’s Services has nondiscrimination policies specific to upholding the rights of LGBTQ+ youth in care and policy based protections on account of gender, sexual orientation, and gender identity. New York City has policy and guidelines for meeting the needs of transgender and gender-nonconforming youth in the child welfare system.

    New York City has a child welfare-specific ombuds (NYC Administration for Children’s Services, Office of Advocacy).

    Statute: None known.

    Regulation: None known.

    Policy:

    • City of New York, Administration for Children’s Services, Promoting a Safe and Respectful Environment for LGBTQ Youth and their Families Involved in the Child Welfare, Detention and Juvenile Justice Systems 
      http://www1.nyc.gov/assets/acs/pdf/lgbtq/LGBTQ_Policy.pdf
    • City of New York, Administration for Children’s Services, Non-Discrimination – Youth and Families 
      “Children’s Service’s policy is not to discriminate based on an individual’s actual or perceived race, color, creed, age, national origin, alienage, citizenship status, gender, gender identity, sexual orientation, disability, martial status or partnership status, ethnicity, or religion.”
      http://on.nyc.gov/2c9HaFa
    • City of New York, Administration for Children’s Services, Safe and Respected: Policy, Best Practices, & Guidance for Serving Transgender, Gender Expansive, & Nonbinary Children and Youth Involved in the Child Welfare, Detention, and Juvenile Justice Systems
      https://www1.nyc.gov/assets/acs/pdf/lgbtq/SAFEAndRespectedUpdate061417.pdf
    • City of New York, Administration for Children’s Services, Provision of Non-Medicaid Reimbursable (NMR) Treatment or Services for Youth in Foster Care
      https://www1.nyc.gov/assets/acs/pdf/lgbtq/14_12_16_NMR_signed_interim_policy.pdf

    City Agency Website: http://www1.nyc.gov/site/acs/index.page

    Grievance Procedure:

    Ombudsman:

    • New York City Administration for Children’s Services, Office of Advocacy
      150 William Street – 18th Floor
      New York, New York 10038
      Phone: (212) 676-9421
      Teletype for the hearing impaired: (212) 442-1447
      https://www.nyc.gov/site/acs/about/advocacy.page

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The North Carolina Division of Social Services Administration for Children and Families has a detailed LGBTQ+ policy and additional guidelines for serving transgender and gender-nonconforming youth, although there is no explicit nondiscrimination requirement that includes protected classes. The North Carolina Department of Health and Human Services has policy based protections against discrimination on account of sex (or gender) for anyone seeking to access services.

    North Carolina has law banning the use of state funding for conversion therapy. See EO 97 (2019).

    North Carolina does not have a child welfare-specific ombuds.

    Statute:

    • N.C. Gen. Stat. Ann. § 131D-10.1
      Foster Care Children’s Bill of Rights; purpose
      “(a) It is the policy of this State to strengthen and preserve the family as a unit consistent with a high priority of protecting children’s welfare. When a child requires care outside the family unit, it is the duty of the State to assure that the quality of substitute care is as close as possible to the care and nurturing that society expects of a family.”

    Regulation:

    • 10A N.C. Admin. Code 70E.1101
      Client Rights
      “(a) Foster parents shall ensure that each foster child:
      (21) is provided supervision that is appropriate for the child’s age, intelligence, emotional makeup, and experience[.]”

    Policy:

    • The North Carolina Division of Social Services: Child Welfare Practice Guidance for LGBTQ+ Youth
      “The purpose of this guidance document is to ensure that youth who identify as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning (LGBTQ+) and Gender Non-Conforming (GNC) involved in the child welfare system have equal access to services that are affirming and supportive including housing, medical and mental health care, and opportunities that promote positive youth development, and are emotionally and physically safe. This document provides guidance to child welfare workers working with LGBTQ+ youth regarding safety, fair and respectful treatment, harmful practices, healthy approaches, confidentiality, freedom of expression, medical and mental healthcare, protective factors, working with school and community partners, and training agency staff. It also provides a glossary of terms and links to additional resources.”
      https://policies.ncdhhs.gov/divisional/social-services/child-welfare/policy-manuals/child-welfare-practice-guidance-for-lgbtq-youth.pdf
    • North Carolina Department of Health and Human Services
      Notice Informing Individuals About Nondiscrimination and Accessibility Requirements
      “The North Carolina Department of Health and Human Services complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. DHHS does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.”
      https://www.ncdhhs.gov/about/department-initiatives

    State Agency Website: https://www.ncdhhs.gov/divisions/dss

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Rhode Island has statutory, regulatory, and policy based protections against discrimination on account of sex (regulation and policy), gender (statute and policy), sexual orientation, gender identity and gender expression for youth in the child welfare system. The Rhode Island Department of Children, Youth and Families has a nondiscrimination policy specific to upholding the rights LGBTQ+ youth in the child welfare system.

    Rhode Island has law banning conversion therapy. The state prohibits licensed professional from engaging in “conversion therapy efforts” with anyone younger than eighteen. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” 23 R.I. Gen. Laws Ann. §§ 23-94-1 to -4. See also H5277A (2017).

    Rhode Island has a child welfare-specific ombuds (Rhode Island Office of the Child Advocate).

    Statute:

    • R.I. Gen. Laws 42-72-15
      Children’s bill of rights
      “(q) No child shall be discriminated against on the basis of race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability, or by association with an individual or group who has, or is perceived to have one, or more of such characteristics.”

    Regulation:

    • 214 R.I. Code R. 40-00-4.1.2
      Department of Children, Youth, and Families: Licensing: Residential Child Care Regulations for Licensure
      “F. The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.”
    • 214 R.I. Code R. § 10-00-1.14
      Nondiscrimination
      “C. The Department strictly prohibits discrimination on the basis of actual or perceived race, color, religion, ancestry, national origin, age, gender, sexual orientation, gender identity or expression, socioeconomic status or disability or by association with an individual or group who has or is perceived to have one or more of such characteristics.
      D. The Department requires staff and service providers to respect the dignity of lesbian, gay, bisexual, transgender, queer, questioning and intersex (hereinafter, LGBTQQI) youth. The Department, its staff, providers, interns and/or volunteers offer services and interventions to youth without regard to actual or perceived sexual orientation, gender identity or expression. LGBTQQI youth receive fair and equal treatment in a professional and confidential manner based on Department policy, state and federal law and regulation and principles of sound professional practice, including culturally competent mental health and medical care. LGBTQQI youth are protected from verbal, physical and/or sexual harassment or assault based on actual or perceived sexual orientation, gender identity or expression.”

    Policy:

    • Rhode Island Department of Children, Youth and Families, Sexual Orientation, Gender Identity and Expression (Nov. 10, 2016)
      “The Rhode Island Department of Children, Youth and Families (hereinafter, the Department) strictly prohibits discrimination on the basis of actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or disability or by association with an individual or group who has or is perceived to have one or more of such characteristics. The Department requires staff and service providers to respect the dignity of lesbian, gay, bisexual, transgender, queer, questioning and intersex (hereinafter, LGBTQQI) youth. The Department, its staff, providers, interns and/or volunteers offer services and interventions to youth without regard to actual or perceived sexual orientation, gender identity or expression. LGBTQQI youth receive fair and equal treatment in a professional and confidential manner based on Department policy, state and federal law and regulation and principles of sound professional practice, including culturally competent mental health and medical care. LGBTQQI youth are protected from verbal, physical and/or sexual harassment or assault based on actual or perceived sexual orientation, gender identity or expression.”
      https://dcyf.ri.gov/about-us/dcyf-policies-operating-procedures
      [DCYF Policies and Operating Procedures, Select General Administration and Management, Select Policy’s Title on the Menu]
    • Rhode Island Department of Children, Youth and Families
      Residential Child Care Regulations for Licensure (Jan. 22, 2013)
      “The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.”
      https://dcyf.ri.gov/sites/g/files/xkgbur416/files/licensing-child-care/documents/dcyf-residential-child-care-regulations.pdf

    State Agency Website: http://www.dcyf.ri.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Tennessee has statutory based protections against discrimination on account of sex for youth in the child welfare system. The Tennessee Department of Children’s Services “Clients Rights Handbook” provides policy based protections against discrimination while receiving services on account of gender, sexual orientation and “sexual identity” for youth in the child welfare system. In addition, Tennessee has a policy specific to upholding the rights of LGBTQ+ youth in care.

    Tennessee has a child welfare-specific religious refusal law, which states that, “no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies” Tenn. Code Ann. § 36-1-147. See also H.B. 836 (2020).

    Tennessee has a Commission on Children and Youth Ombudsman for Children and Families.

    Statute:

    • Tenn. Code Ann. § 37-5-116
      Department of Children’s Services: General Provisions: Nondiscrimination
      “No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children’s services. This shall include, but not be limited to, contracts for services, employment or services to consumers.”

    Regulation: None known.

    Policy:

    • Tennessee Department of Children’s Services, Administrative Policies and Procedures
      20.20 Guidelines for Managing Children/Youth in DCS Custody Related to Sexual Orientation, Gender Identity and Expression
      “DCS is committed to providing all youth and families served a safe, healthy, inclusive, and affirming environment. ALL DCS employees and persons are prohibited from discrimination on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, mental or physical disability, gender identity, gender expression, sexual orientation, and alien/citizenship status. DCS shall provide services to all children/youth to ensure safety and well-being, to promote dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation, and to protect their civil rights consistent with State and Federal laws including youth who identify as lesbian, gay, bisexual, transgender, and intersex.”
      https://files.dcs.tn.gov/policies/chap20/20.20.pdf
    • Tennessee Department of Children’s Services
      Clients Rights Handbook
      “You have the right to:
      Available services, regardless of your age, race, ethnicity, gender, religious or political affiliation, sexual orientation, sexual identity, physical or mental disability, or infectious disease, and the right to referral, as appropriate, to other service providers.”
      https://files.dcs.tn.gov/policies/chap31/ClientsRightsHandbook.pdf

    State Agency Website: https://www.tn.gov/dcs/

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Vermont has Agency of Human Services policy based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for anyone seeking to access services. In addition, Vermont’s Department for Children and Families, Family Services Division has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and policy specific to upholding the rights of LGBTQ youth in care. Vermont has regulatory requirements for Residential Treatment Programs to provide “humane conditions with respect for their dignity and privacy… [and] gender specific, culturally competent and linguistically appropriate service.”

    Vermont has law banning conversion therapy. The state prohibits mental health care providers from practicing “conversion therapy” on minors under 18 years of age. The law defines conversion therapy as any practice that “seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to change sexual or romantic attractions or feelings toward individuals of the same sex or gender.” Vt. Stat. tit. 18, §§ 8351-8353. See also S132 (2016).

    Vermont does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • Vt. Admin. Code 12-3-103:3.4
      Non-Discriminatory Enrollment
      “The FCCP shall not deny a child’s entry into the program because of race, creed, color, national origin, religion, disability, gender or the parents marital status or gender identification.”
    • Vt. Admin. Code 12-3-508:200
      Licensing Regulations for Residential Treatment Programs: General Provisions
      “201 A Residential Treatment Program shall ensure children/youth the following rights:
      • to be served under humane conditions with respect for their dignity and privacy;
      • to receive gender specific, culturally competent and linguistically appropriate service[.]”

    Policy:

    • Vermont Department for Children and Families, Family Services Policy Manual 76, Supporting and Affirming LGBTQ Children & Youth
      “All division staff are prohibited from engaging in any form of discrimination or bias based on sex, sexual orientation, gender identity, gender expression, or marital status or partnership.”
      https://outside.vermont.gov/dept/DCF/Shared%20Documents/FSD/Policies/Policy76.pdf
    • Vermont Department for Children and Families
      C Nondiscrimination Policy/Grievance Policy
      “[DCF does] not discriminate in the administration of our programs, services, or activities nor do we exclude any individual from participation in our programs, services, or activities based on race, creed, religion color, national origin, marital status, sex, sexual orientation, gender identity, age, disability, or political beliefs.”
      https://outside.vermont.gov/dept/DCF/Shared%20Documents/About/Nondiscrimination-Policy.pdf
    • State of Vermont Agency of Human Services (AHS)
      Chapter/Number 1.11, Non-Discrimination regarding receipt of services and benefits 
      “We do not discriminate in the administration of our programs, services, or activities, nor do we exclude any individual from participation in our programs, services, or activities based on race, religion, color, national origin, genetic information, marital/familial status, sex, sexual orientation, gender identity, age, pregnancy status, place of birth, crime victim status, military, veteran status, disability, or any other protected status.”
      https://humanservices.vermont.gov/sites/ahsnew/files/1.11%20Nondiscrimination%20Policy%20-%20Grievance%20Policy.pdf

    State Agency Website: http://dcf.vermont.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The Virginia Department of Social Services has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. Virginia Department of Social Services has LGBTQ+ specific foster care policy that includes guidelines for serving transgender and gender-nonconforming youth, although there is no explicit nondiscrimination requirement that includes protected classes. Virginia Department of Social Services also has policy prohibiting discrimination on account of sex in USDA programs.

    Virginia has law banning conversion therapy. Statute states that, “no person licensed … or who performs counseling as part of his training for any profession licensed … shall engage in conversion therapy with a person under 18 years of age.” Conversion therapy is defined as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” Va. Code § 54.1-2409.5. See also H.B. 386 (2020).

    Virginia has a child welfare-specific religious refusal law, which permits any “private child-placing agency” to refuse to “participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.” Va. Code Ann. § 63.2-1709.3. See also H.B.189/S.B.349 (2012).

    Virginia has an Office of the Children’s Ombudsman.

    Statute: None known.

    Regulation:

    • 22 Virginia Admin. Code 40-211-80.
      Standards of care for continued approval.
      “A. The provider shall provide care that does not discriminate on the basis of race, color, sex, national origin, age, religion, political beliefs, sexual orientation, disability, or family status.”

    Policy:

    • Virginia Department of Social Services
      Child and Family Services Manual
      17.14 Working with Lesbian, Gay, Bi-sexual, Transgender, Questioning (LGBTQ) youth in foster care
      “All youth in foster care deserve to be treated with dignity and respect and be placed in an affirming environment that will support safety, permanency, and well-being.”
      https://www.dss.virginia.gov/files/division/dfs/fc/intro_page/guidance_manuals/
    • Virginia Department of Social Services
      Nondiscrimination
      “Virginia has established procedures to ensure fair and equitable treatment of applicants and recipients of public assistance. The local department of social services must assure that no person will be subjected to discrimination on the grounds of age, race, color, sex, disability, religious creed, national origin, or political belief. ”
      https://www.dss.virginia.gov/files/division/bp/fs/manual/P1.pdf
    • Virginia Department of Social Services
      Civil Rights Policy & Procedures
      “The Virginia Department of Social Services (VDSS) and local social services offices, in accordance with Federal law and U.S. Department of Agriculture (USDA) policy is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, religion or political beliefs.”
      http://www.dss.virginia.gov/about/civil_rights/

    State Agency Website: http://www.dss.virginia.gov/

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Washington has regulatory and policy based protections against discrimination on account of sex, sexual orientation, and gender identity in the child welfare system. The Washington Department of Children, Youth, and Families has policy prohibiting discrimination on account of sex, sexual orientation, gender identity, and gender expression. The Washington State Department of Children, Youth, and Families also has LGBTQ+ specific policy that includes guidelines for serving transgender and gender-nonconforming youth.

    Washington has law banning conversion therapy. State law prohibits “[p]erforming conversion therapy on a person under age eighteen,” defining conversion therapy as “a regime that seeks to change an individual’s sexual orientation or gender identity.” Wash. Rev. Code §§ 18.130.020, 18.130.180. See S.B. 5722 (2018).

    Washington has an Office of the Family and Children’s Ombuds.

    Statute: None known.

    Regulation:

    • Wash. Admin. Code 110-145-1710
      Licensing requirements for group care facilities.
      What are the requirements about nondiscrimination?
      “(1) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care.
      (2) You must support and engage foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.
      (3)You must connect a child with resources that supports the child’s needs regarding race, religion, culture, and SOGIE.”
    • Wash. Admin. Code 110-147-1595
      Licensing requirements for child placing agency and adoption services.
      What are the requirements about nondiscrimination?
      “(1) You must follow all state and federal laws regarding non-discrimination while providing services to children in your care.
      (2) You must support and engage foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, religion, culture, or SOGIE. You must connect a child with resources that supports and affirms their needs regarding race, ethnicity, religion, culture, and SOGIE.”
    • Wash. Admin. Code 110-148-1520
      Licensing requirements for child foster homes.
      What services am I expected to provide for children in my care?
      “(6) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care. You must support and engage with foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.”

    Policy:

    • Washington State Department of of Children, Youth, and Families
      Administrative Policy # 6.04 Supporting LGBTQIA+ Individuals
      “1. DCYF will:
      (a) Provide all individuals, including those who are developing, discovering, or identifying their sexual orientation, gender identity, and expression (SOGIE), on an actual or perceived basis with an inclusive and affirming environment, free from discrimination or harassment”
      https://www.dcyf.wa.gov/sites/default/files/pdf/Admin-6.04.pdf
    • Washington State Department of Social and Health Services
      Promoting Safety for Lesbian, Gay, Bisexual, Transgender, and Questioning People
      https://www.dshs.wa.gov/sites/default/files/publications/documents/22-1511.pdf

    State Agency Website: https://www.dcyf.wa.gov/

    Grievance Procedure:

    Ombudsman:

    • Washington State Office of the Family and Children’s Ombuds
      6840 Fort Dent Way, Suite 125 Tukwila, WA 98188
      Phone: (206) 439-3870
      Toll-Free: (800) 571-7321
      Fax: (206) 439-3877
      https://ofco.wa.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sexual Orientation and Gender Identity Protections

  • California has statutory, regulatory, and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. In addition, California law requires that transgender youth in out-of-home care be placed in accordance with their gender identity and have access to gender affirming healthcare.

    The state requires that, “children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.” Cal. Welf. & Inst. Code § 16006. The state also provides “that the right of minors and nonminors in foster care to health care and mental health care includes covered gender affirming health care and gender affirming mental health care[.]” A.B. 2119 (Ca. 2018).

    California has law banning conversion therapy. The state prohibits the practice of “sexual orientation change efforts” on patients under 18 years of age. The law defines such efforts as “any practices by mental health providers that seek to change an individual’s sexual orientation,” inclusive of “behaviors or gender expressions.” Cal. Bus. & Prof. Code §§ 865-865.2. See also S.B. 1172 (2012).

    California has a foster care ombudsman.

    Statute:

    • Cal. Welf. & Inst. Code 16001.9
      Rights of minors and non-minors in foster care.
      “The rights are as follows:
      (4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
      (16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the child’s age, maturity, developmental level, sexual orientation, and gender identity and expression.
      (17) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
      (18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
      (19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the child’s preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
      (22)(A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
      (37) To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the child’s gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the child’s Indian tribe and Indian community.”
    • Cal. Welf. & Inst. Code § 16006
      Placement according to gender identity
      “Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.”

    Regulation:

    Nondiscrimination

    • Cal. Code Regs. tit. 22, § 83072
      Small Family Homes: Personal Rights
      “(c) At admission, each child, and his/her authorized representative, shall be personally advised of and given a copy of the child’s rights as specified… below: ..
      (d) The licensee shall ensure that each child, regardless of whether the child is in foster care, is accorded the personal rights specified in Welfare and Institutions Code section 16001.9, as applicable.”
    • Cal. Code Regs. tit. 22, § 84072
      Group Homes: Personal Rights
      “(c) At admission, each child, and his/her authorized representative, shall be personally advised of and given a copy of the child’s rights as specified… below:
      (d) The licensee shall ensure that each child, regardless of whether the child is in foster care, is accorded the personal rights specified in Welfare and Institutions Code section 16001.9, as applicable.”Training Requirements
    • Cal. Code Regs. tit. 22, § 88022
      Foster Family Agencies: Plan of Operation.
      “[T]he plan of operation shall contain the following:
      (5) A written description of the foster family agency training plan including:
      (D) Initial and ongoing training of foster family agency staff in the child’s right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.”

    Policy:

    • California Department of Health and Social Services, All County Information Notice I-81-10, Serving Lesbian, Gay Bisexual, Transgender And Questioning (LGBTQ) Youth, LGBTQ Caregivers And LGBTQ Prospective Foster And Adoptive Parents (Oct. 10, 2010)
      “All foster children and all adults engaged in the provision of care and services to foster children have a right not to be subjected to discrimination or harassment on the basis of actual or perceived sexual orientation or gender identity”
      http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acin/2010/I-81_10.pdf
    • California Foster Care Ombudsman
      Foster Youth Rights Handbook
      “17. To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.”
      https://fosteryouthhelp.ca.gov/wp-content/uploads/sites/276/2020/11/EnglishHandbook_Final1.19.21.pdf
    • California Department of Social Services
      Discrimination and Retaliation Complaints
      “The California Department of Social Services (CDSS) is committed to ensuring applicants and recipients in its programs or entities are treated fairly and equally … [C]lasses or bases are protected under California law…: race, color, national origin, ancestry, sexual orientation, marital status, religion, age, sex, political affiliation, domestic partnership, ethnic group identification, disability, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, and/or immigration status.”
      https://www.cdss.ca.gov/reporting/file-a-complaint/discrimination-complaints

    State Agency Website: http://www.cdss.ca.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Colorado has statutory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Colorado has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. Colorado Department of Human Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for anyone seeking to access services.

    Colorado Civil Rights Commission regulation prohibit discriminatory or unfair practices in housing and specifically “allow individuals the use of gender-segregated facilities that are consistent with their gender identity.” These protections may extend to youth placed in out-of-home care.

    Colorado has law banning conversion therapy. The state prohibits the practice of “[e]ngaging in conversion therapy with a patient who is under eighteen years of age.” The law defines such efforts as “any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.” Colo. Rev. Stat. §§ 12-36-102.5, 12-36-117, 12-240-104, 12-240-121. See also H.B. 19-1129 (2019).

    Colorado has a child welfare-specific Ombudsman’s office.

    Statute:

    • Colo. Rev. Stat. Ann. 19-7-101
      Protections for Youth in Foster Care: Legislative declaration
      “(2) A child or youth in foster care or participating in the foster youth in transition program … has the following rights:
      (a) Fair and equal access, including:
      (I) Freedom from discrimination or harassment on the basis of actual or perceived race or ancestry, ethnic group, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, marital status, familial status, source of income, military status, or HIV status…
      (III) Expression of the child’s or youth’s gender identity and be referred to by the child’s or youth’s preferred name and gender pronouns”

    Regulation:

    Nondiscrimination

    • 12 Colo. Code Regs. § 2509-7:7.604
      Anti-Discrimination
      “A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, sexual orientation, veterans status, or disability.”
    • 12 Colo. Code Regs. § 2509-8:7.708.3
      7.708.33 Foster Children’s Rights
      “Every foster child has the right to:
      1. Enjoy freedom of thought, conscience, cultural and ethnic practice, and religion.
      2. A reasonable degree of privacy.
      3. Have his or her opinions heard and considered, to the greatest extent possible, when any decisions are being made affecting his/her life.”
    • 12 Colo. Code Regs. § 2509-8:7.714.31
      Quality Standards for 24-Hour Child Care: Religion, Rights, and Grievance Procedures, 7.714.31 Children’s Rights
      “A. The facility shall have written policies and procedures that address and ensure the availability of each of the following core rights for children in residence. These rights may not be restricted or denied by the facility.
      13. Every child has the right to the same consideration for care and treatment as anyone else regardless of race, color, national origin, religion, age, sex, political affiliation, sexual orientation, financial status or disability.”

      Dressing & Grooming/Placement
    • 3 Colo. Code Regs. § 708-1:81.8
      Dress & Grooming Standards.
      “Covered entities may prescribe standards of dress or grooming that serve a reasonable business or institutional purpose, provided that they shall not require an individual to dress or groom in a manner inconsistent with the individual’s gender identity.”
    • 3 Colo. Code Regs. § 708-1:81.9
      Gender-Segregated Facilities.
      “(A) Nothing in the Act prohibits segregation of facilities on the basis of gender.
      (B) All covered entities shall allow individuals the use of gender-segregated facilities that are consistent with their gender identity. Gender-segregated facilities include, but are not limited to, restrooms, locker rooms, dressing rooms, and dormitories.
      (C) In gender-segregated facilities where undressing in the presence of others occurs, covered entities shall make reasonable accommodations to allow access consistent with an individual’s gender identity.”

    Policy:

    • Office of Behavior Health, Gender Identity Considerations in Residential Setting
      “It is the policy of the Office of Behavioral Health (OBH) to ensure there is no discrimination against, or harassment of, any individual, visitor, or guest on the basis of sex or gender identity.”
      https://drive.google.com/file/d/0B_Qu7DlYJwx7T0s2ek5QSG9YRHM/view?resourcekey=0-ixdDtaFqGIC9Fv8n9vAQQQ
    • Colorado Department of Human Services, Nondiscrimination notice
      “The Colorado Department of Human Services complies with applicable federal and state civil rights laws and does not exclude, deny benefits to, or otherwise discriminate against any individual on the basis of race, color, ethnic or national origin, ancestry, age, sex, gender, sexual orientation, gender identity and expression, religion, creed, political beliefs, or disability in employment, admission or access to, treatment or participation in, or receipt of the services and benefits under any of its programs, services and activities, whether carried out by the department directly or through a contractor or any other entity with which it arranges to carry out its programs, services and activities.”
      https://cdhs.colorado.gov/nondiscrimination-notice

    State Agency Website: https://www.colorado.gov/pacific/cdhs/children-families

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Delaware has regulatory and policy based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the child welfare system.

    Delaware has law banning conversion therapy. The state considers it “unprofessional conduct” and “grounds for discipline” for any person certified to practice medicine, licensed nurses, mental health or chemical dependency professionals, psychologists, or clinical social workers to engage in “conversion therapy” with a child. The bill defines conversion therapy as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity.” S.B. 65, (2018). See also Del. Code tit. 24, §§ 1702, 1731, 1902, 1922, 3002, 3009, 3502, 3514, 3902, 3915, Del. Code tit. 29, § 9003.

    Delaware has an Office of the Child Advocate. The State Department of Services for Children, Youth and their Families does not have a dedicated ombudsman, but does invite “concerns or complaints.”

    Statute:

    • Del. Code Ann. tit. 13, § 2522
      Rights of children in DSCYF custody
      “(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
      (5) To receive appropriate placement services.
      (8) To participate in the formation and maintenance of their foster care service, transitional and independent living and transition plans, where applicable.”

    Regulation:

    Nondiscrimination

    • 14 Del. Admin. Code 934-20.0
      Regulations for Family and Large Family Child Care Homes – Parent/Guardian Communication
      “20.2.12 Non-discrimination policy assuring the child or family will not be discriminated against based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and federal laws…”
    • 14 Del. Admin. Code 935-17.0 Delacare: Regulations for Residential Child Care Facilities and Day Treatment Programs, Policies and Procedures
      “17.1 A licensee shall have and follow written policies and procedures: …
      17.1.8 Governing the discipline and behavior supports for children. These policies and procedures shall include the concepts and use of the least restrictive effective treatment and positive reinforcements and shall prohibit: …
      17.1.8.3 Engaging in discriminatory treatment or harassment based on child’s looks, race, national origin, religion, gender, gender expression, sexual orientation, disability, ethnicity, family, or other personal traits”Participation in Religious Activities
    • 14 Del. Admin. Code 935-30.0 Delacare: Regulations for Residential Child Care Facilities and Day Treatment Programs, Religion and Culture
      “30.3 A licensee shall not require or coerce children to participate in religious services or activities, shall not discipline, discriminate against, or deny privileges to any child who chooses not to participate, and shall not reward any child who chooses to participate.”
    • 14 Del. Admin. Code 936-26.0 Child Placing Agencies – General Policies and Practices
      “26.18 A licensee shall have a written policy on a child’s religious participation and education that states a foster parent shall: … 26.18.4 Not discipline, discriminate against, or deny a privilege to a child who chooses not to participate in a religious activity…”

    Policy:

    • Delaware Children Department Policy #217: Non-discrimination Policy
      “It is the policy of DSCYF that no person shall, on the grounds of a person’s race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity which is administered by the Department.”
      http://kidsfiles.delaware.gov/policies/dscyf/dsc217-non-discrimination.pdf
    • State of Delaware, Department of Services For Children, Youth and Their Families, Division of Family Services – Policy Manual
      “The State of Delaware does not discriminate or deny services on the basis of race, religion, color, national origin, sex, disability and/or age”
      https://kidsfiles.delaware.gov/policies/dfs/fs-policy-manual.pdf

    State Agency Website: https://kids.delaware.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Florida has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Florida regulations contain protocol regarding placement of transgender youth consistent with their identities and define “gender” as inclusive of gender identity. Additionally, Florida’s Department of Children and Family Services has policy including respect for a youth’s sexual orientation and LGBTQ+ identity in determining well-being.

    Florida has a Children’s Ombudsman.

    Statute: None known.

    Regulation:

    • Fla. Admin. Code 65C-46.001
      Definitions
      “(9) “Gender” or “gender identity” means a person’s internal identification or self-image as male or female. Gender identity may or may not correspond to the gender that is listed on the person’s birth certificate. The terms “male,” “female,” or “nonbinary” describe how a person identifies.
      (10) “Gender expression” refers to the way a person expresses gender through appearance, dress, grooming habits, mannerisms and other characteristics.”Nondiscrimination
    • Fla. Admin. Code 65C-46.009
      Discipline and Behavior Management.
      “(3) Facility staff shall not: . . .
      (h) Engage in discriminatory treatment or harassment on the basis of a child’s race, national origin, religion, gender, gender expression, sexual orientation, or disability, or any other characteristic.
      (i) Permit harassment or bullying of children by staff or other youth based on their race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic.
      (j) Attempt to change or discourage a child’s sexual orientation, gender identity, or gender expression.”Fla. Admin. Code 65C-46.009
      Discipline and Behavior Management.
      “(3) Facility staff shall not: …
      (h) Engage in discriminatory treatment or harassment on the basis of a child’s race, national origin, religion, gender, gender expression, sexual orientation, or disability, or any other characteristic.”Placement
    • Fla. Admin. Code 65C-46.012
      Admission, Placement, and Ongoing Services.
      “(4) The admission of each child in the care and custody of the Department to a child-caring agency shall follow completion of a pre-admission study completed by the child-placing agency, and shall include the following:
      (f) For transgender youth, a determination whether the youth should be placed with their gender listed on their birth certificate or their identified gender. Factors to be considered shall include:
      1. The physical safety of the transgender youth,
      2. The emotional well-being of the transgender youth,
      3. The youth’s preference,
      4. The recommendation of the youth’s guardian ad litem,
      5. The recommendation of the youth’s parent, when parental rights have not been terminated,
      6. The recommendation of the youth’s case manager; and,
      7. The recommendation of the youth’s therapist, if applicable.
      (5) No child shall be denied services by any child-placing agency based on race, religion, gender, gender expression, sexual orientation, or transgenderism. A child-placing agency has the obligation to place each child in the most suitable setting according to that child’s individual needs, taking into account the capacity of the placement to meet the child’s needs, and the needs of the other children already placed in that setting.
      (7) The child-caring agency shall provide prior to or at admission an orientation to living in the facility for each child and the child’s parent or guardian or child-placing agency staff. The orientation shall include the following:
      (f) The inherent diversity of group home populations, including race, ethnicity, gender, religion, sexual orientation, gender expression, and transgenderism.”Training Requirements
    • Fla. Admin. Code 65C-46.011
      Personnel and Staffing Requirements.
      “(9) Training …
      (c) All direct care staff shall receive a minimum of 21 hours of caregiver preparation training prior to unsupervised contact with children. Topics shall include, but are not limited to: . . .
      6. Sexual orientation, gender identity, and gender expression.”Dressing and Personal Belongings
    • Fla. Admin. Code 65C-46.008
      Individual Needs of Children In Care.
      “(8) The child-caring agency shall involve the child in the selection, care and maintenance of the child’s personal clothing, as appropriate to the child’s age and ability. The child-caring agency shall allow a child to possess and bring personal belongings. The child-caring agency may limit or supervise the use of these items . . . however, it may not restrict items based on the child’s gender identity or expression.”

    Policy:

    • Florida Department of Children and Families, CFOP 170-01 Florida’s Child Welfare Practice Model
      Chapter 2 Core Safety Concerns
      “a. Purpose. Child strengths and needs measure the extent to which certain desired conditions are present in the life of the child within a recent timeframe. Child strengths and needs are assessed by the case manager based upon the assessment of child functioning. (1) These child indicators are directly related to a child’s well-being and success (e.g., emotion, behavior, family and peer relationships, development, academic achievement, and life skill attainment)… d. Specific Child Strength and Need Definitions and Ratings… (8) Cultural Identity. Important cultural factors such as race, ethnicity, religion, or other forms of culture are appropriately considered in the child’s life. (NOTE: The goal of responding to a C or D would not be to change the cultural identity or belonging, but to resolve the conflict or help the child cope with the conflict.) …
      Chapter 5 Completing a Unified Home Study
      (5) Explain how the caregiver(s) is(are) willing and able to make a loving commitment to the child(ren)’s safety and well-being. This includes, but is not limited to:
      (a) Respecting and honoring any child’s culture, religion and ethnicity. (b) Adapting to and supporting any child’s individual situation, including and family relationships.”
      https://www.myflfamilies.com/sites/default/files/2024-06/CFOP%20170-01%20Florida%20Child%20Welfare%20Practice%20Model_0.pdf
    • Florida Department of Children and Families, CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers
      8-5. Informing Relative Caregivers of Responsibilities and Rights.
      “The child welfare professional responsible for completing the relative caregiver home study will provide the following information to the relative caregiver(s).: …
      b. Expectations of the relative caregiver as a team member: …
      (7) Handle special challenges in caring for a child. This includes the child’s culture and religion. This also includes any child behaviors, sexual orientation, and family relationships.”
      https://www.myflfamilies.com/sites/default/files/2022-12/cfop_170-10_providing_services_and_support_for_children_in_care_and_for_caregivers.pdf
    • Florida Department of Children and Families
      Civil Rights Complaints Involving HHS Programs
      “HHS provides federal financial assistance for many programs to enhance health and well-being, including TANF, Head Start, the Low Income Home Energy Assistance Program (LIHEAP), and others. If you believe that you have been discriminated against because of your race, color, national origin, disability, age, sex (including pregnancy, sexual orientation, and gender identity), or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the Office for Civil Rights (OCR) for yourself or for someone else.”
      https://www.myflfamilies.com/services/public-assistance/additional-resources-and-services/usda-hhs
    • Florida Department of Children and Families
      Civil Rights Complaints Involving HHS Programs
      “In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
      https://www.myflfamilies.com/services/public-assistance/additional-resources-and-services/usda-hhs

    State Agency Website: http://www.myflfamilies.com/

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Georgia Division of Family and Children Services has policy based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the child welfare system.

    Georgia has a child welfare-specific ombuds (Georgia’s Office of the Child Advocate).

    Statute: None known.

    Regulation: None known.

    Policy:

    • Georgia Division of Family and Children Services: Civil Rights Policy Manual
      3701 Civil Rights
      “A. Nondiscrimination in DFCS programs, services and activities DHS/DFCS and its Providers are prohibited from unlawfully discriminating in the administration of DFCS programs, services, and activities on the basis of race, color, national origin, disability, age, and sex (including gender identity and sexual orientation). In any USDA SNAP program or activity, DFCS and its Providers are also prohibited from discriminating on the basis of religious creed and political beliefs. In any HHS program or activity, DFCS and its Providers are also prohibited from discriminating based on religion. These entities also are prohibited from engaging in reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by a federal agency”
      https://odis.dhs.ga.gov/General
      [Select Division of Family and Children Services from DHS Divisions & Offices Menu, then select the Civil Rights Manual, then download 3701 Civil Rights]
    • Georgia Division of Family and Children Services: Child Welfare Policy Manual
      Administration, 1.4 Non-Discriminatory Child Welfare Practices
      “The Division of Family and Children Services (DFCS) shall:
      1. Ensure that no individual is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under programs, services and activities for which DFCS has responsibility on the grounds of race, color, national origin, sex, age, religion, or disability.”
      https://odis.dhs.ga.gov/General
      [Select Division of Family and Children Services from DHS Divisions & Offices Menu, then select the Child Welfare Manual, then download 1.4 Non-Discriminatory Child Welfare Practices]
    • Notice of Nondiscrimination in DFCS programs, services and activities:
      “In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
      https://dfcs.georgia.gov/adasection-504-and-civil-rights

    State Agency Website: https://dfcs.georgia.gov/

    Grievance Procedure:

    Ombudsman:

    • Georgia’s Office of the Child Advocate
      7 Martin Luther King, Jr., Dr., SE
      Suite 347
      Atlanta, GA 30334
      Phone: (404) 656-4200
      http://oca.georgia.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Hawaii has statutory based protections against discrimination on account of sexual orientation, gender, gender expression, and gender identity for youth in the child welfare system. The Hawaii Department of Human Services has agency-wide policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for anyone seeking to access services. Additionally, the Hawaii Department of Human Services has policy based protections against discrimination on account of gender, gender identity, gender expression, and sexual orientation for youth in the child welfare system.

    Hawaii has law banning conversion therapy. The state prohibits any person who is “licensed to provide professional counseling” from engaging in or advertising “conversion therapy” on anyone under 18 years of age. The law defines conversion therpay as “practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender” Haw. Rev. Stat. § 453J-1. See also S.B. 270 (2018).

    Hawaii does not have a child welfare-specific ombuds, the Office of the Ombudsman handles complaints against all state and county agencies.

    Statute:

    • Hawaii Rev. Stat. § 587A-3.1
      Rights of children in foster care
      “(b) … a child in foster care shall have the following rights:
      (1) To be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or the fact that the child is in foster care”

    Regulation: None known.

    Policy:

    • Hawaii Department of Human Services
      Policy No. 4.10.1, Discrimination Complaints Policy 
      “It is the policy of the DHS to assure a work and service environment free from discriminatory practices for all department employees, applicants for employment, applicants for participation in the DHS programs, and participants in DHS programs. The work and service environments shall be without discrimination, retaliation for having filed a complaint, and/or harassment on the basis of age, arrest/court records, breastfeeding, child support assignment, citizenship, credit history, disability (physical or mental), domestic/sexual violence victim status, genetic information, National Guard absence, national origin/ancestry, political belief, race or color, religion, relationship status, sex/gender (expression or identity), sexual orientation, veteran status, retaliation for filing a complaint or participating in complaint process, and harassment based on one or more of the protected factors listed here or might be added to law periodically.”
      http://humanservices.hawaii.gov/wp-content/uploads/2014/10/Policy-4.10.1-Disc-Complaint.pdf
    • Rights of Children in Foster Care
      “You also have the right to be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or the fact that you are in foster care.”
      https://rcg.hawaii.gov/wp-content/uploads/2021/06/12_10_20-Rights-of-children-in-foster-care-ENGLISH.pdf
    • Hawaii Department of Human Services
      Nondiscrimination
      “In accordance with federal and state laws, U.S. Department of Agriculture (USDA), and U.S. Department of Health and Human Services (USHHS) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex/gender (expression or identity), age or disability.”
      https://humanservices.hawaii.gov/wp-content/uploads/2016/10/DOC005.pdf

    State Agency Website: https://humanservices.hawaii.gov/ssd/home/child-welfare-services/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Idaho Department of Health and Welfare has policy based protections against discrimination on account of of sexual orientation, gender, gender identity, and gender expression for youth in the child welfare system. The Department of Health and Welfare has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.

    Idaho has a Child Welfare-Specific Religious Refusal Law. The law requires that the state cannot, “take any …action against” foster care or adoption providers that “provide[] or decline[] to provide any adoption or foster care service or related service based on or in a manner consistent with a sincerely held religious belief.” Additionally, the state cannot  “take any … action” against a person who the state grants custody of a foster or adoptive child … on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct,or raise a child, based on or in a manner consistent with a sincerely held religious belief.” Idaho Code § 16-1648. See also H.B. 578 (2024).

    Idaho does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Idaho Youth in Care Bill of Rights 
      “Youth have the right to learn about their sexuality in a safe and supportive environment…
      Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they are in foster care.”
      https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=226&dbid=0&repo=PUBLIC-DOCUMENTS
    • Idaho Department of Health and Welfare
      Non-Discrimination Statement
      “In accordance with applicable federal civil rights laws, the department does not discriminate on the basis of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability and, in some cases, religion or political beliefs.”
      http://healthandwelfare.idaho.gov/AboutUs/Discrimination/tabid/1058/Default.aspx

    State Agency Website: https://healthandwelfare.idaho.gov/default.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Indiana Department of Child Services has policy based protections against discrimination on account of sex, gender, sexual orientation, and gender identity for youth in the child welfare system.

    Indiana has a child welfare-specific ombudsman.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Indiana Bill of Rights for Youth in Care
      “We have the right not to be discriminated against based on our race, color, religion, sex, gender, age, mental or physical disability, national origin, marital status, familial status, political views, financial situation, sexual orientation, or gender identity. We have the right to learn about these things in a safe and supportive environment.”
      http://www.in.gov/dcs/files/Indiana_DCS_Bill_of_Rights_for_Youth_in_Care.pdf
    • Indiana Department of Child Services
      Non-Discrimination in Service Delivery to Clients
      “Title IV of the Federal Civil Rights Act of 1964 (42 USC 2000d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), Section 202 of the Americans with Disabilities Act of 1990 (42 USC 12132), and all regulations related to these Acts address non-discrimination in service delivery to clients. All local offices must ensure that no one, based on race, color, sex, national origin, or handicap, is excluded from participation in, denied the benefits of, or subjected to discrimination under any service or activity for which the federal government provides funding.”
      https://www.in.gov/dcs/policies/state-policy-overview/
    • Indiana Department of Child Services
      Child Welfare Manual, Ch. 11: Older Youth Services
      Sec. 9 Voluntary Services Host Home
      “Expectations of the voluntary services host home arrangement will be discussed and agreed upon in the Child and Family Team Meeting held prior to the youth’s transition. The following topics, which are included in the Voluntary Services Host Home Agreement, shall be discussed: …
      (2) Refraining from discriminating against the youth based on race, religion, national origin, gender, disability, ethnicity, sexual or gender identity, or sexual orientation.”
      https://www.in.gov/dcs/files/11.09-Voluntary-Services-Host-Home.pdf
      Sec. 25: Collaborative Care Host Homes
      “Expectations of the Host Home placement will be discussed and agreed upon in the Child and Family Team (CFT) Meeting held prior to the youth’s transition. The following topics, which are included in the Foster Home/Host Home Agreement, shall be discussed: (2) Refraining from discriminating against the youth based on race, religion, national origin, gender, disability, or sexual orientation”
      https://www.in.gov/dcs/files/11.25-Collaborative-Care-Host-Home.pdf
    • Indiana Department of Child Services
      Code of Conduct for the Indiana Department of Child Services
      “E. Diversity and Non-Discrimination: DCS staff will be respectful, understanding of, and sensitive to the diverse cultural backgrounds of all individuals employed or served by DCS. Diversity encompasses a group or individual’s unique qualities, including but not limited to: age; creed; religion; ethnicity; color; physical features; sex; sexual orientation; gender identity; language of choice; nationality; family or marital status; physical, mental, and developmental abilities; socioeconomic status; education; work and behavioral styles; and political affiliation. Diversity may also refer to differences in thinking and ways of working. DCS will foster an atmosphere of inclusion to ensure employees and the individuals it serves have equality of opportunity in the workplace, without any impediments due to diversity characteristics as stated above.
      DCS staff will not condone or engage in any discrimination on the basis of race, ethnicity, national origin, color, gender, sexual orientation, age, marital status, political belief, religion, or mental or physical disability. All reports of discrimination must be reported to DCS Human Resources or the State Personnel Department (SPD).”
      https://www.in.gov/dcs/files/Code-of-Conduct.pdf

    State Agency Website: http://www.in.gov/dcs/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Iowa Department of Human Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. Iowa Department of Human Services Foster Parent Handbook requires that foster parents respect youth’s sexual orientation and gender identity.

    Iowas does not have a child welfare-specific ombuds, the State of Iowa Office of Ombudsman serves as an independent and impartial agency to which citizens can air their grievances about government.

    Statute: None known.

    Regulation: None known.

    Policy:

    State Agency Website: https://hhs.iowa.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

     

  • Maine has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. Maine Department of Health and Human Services has policy based protections against discrimination on account of sex, gender, sexual orientation for anyone seeking to access services. Maine Department of Health and Human Services also has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for youth in the child welfare system.

    Maine has law banning conversion therapy.  Statute states “an individual licensed [to practice in Maine]… may not advertise, offer or administer conversion therapy to a minor.” Conversion thearpy is defined as “any practice or treatment that seeks or claims to change an individual’s sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual’s gender.” LD1025 (2019).

    Maine has a child welfare-specific ombudsman.

    Statute: None known.

    Regulation:

    • Code Me. R. tit. 10-148 Ch. 35, § 5
      Children’s Residential Care Facilities Licensing Rule, Section 5. Core Licensing Requirements
      “d. Non-discrimination in providing services. The facility must not refuse admission to any resident on the grounds of race, sex, sexual orientation, religion, disability or ethnic origin.”
    • Code Me. R. tit. 10-148 Ch. 14, Refs & Annos
      Rules for Levels of Care for Foster Homes
      “Nondiscrimination Notice
      The Maine Department of Health and Human Services (DHHS) does not discriminate on the basis of disability, race, color, creed, gender, age, or national origin, in admission to, access to or operations of its programs, services, or activities or its hiring or employment practices.”
    • Code Me. R. tit. 10-148 Ch. 19-a, § 18
      Rules Providing for the Licensing of Private Non-Medical Institutions-Child Placing Agencies with and Without Adoption Programs, Section 18 Rights for Children Receiving Services from a PNMI-Child Placing Agency
      “B. Right to be free from discrimination. A child shall be provided services without regard to race, age, national origin, religion, disability, sex or family composition.”
    • Code Me. R. tit. 10-148 Ch. 15, § Refs & Annos
      Rules Providing  for the Licensing of Specialized Children’s Foster Homes
      “Nondiscrimination Notice
      The Department of Health and Human Services (DHHS) does not discriminate on the basis of disability, race, color, creed, gender, age, or national origin, in admission to, access to or operations of its programs, services, or activities or its hiring or employment practices.”
    • Code Me. R. tit. 10-148 Ch. 37, § 5
      Emergency Children’s Shelter, Shelter for Homeless Children, and Transitional Living Programs that Are Children’s Homes Licensing Rule, Section 5. Core Licensing Requirements
      “c. Non-discrimination in providing services. The Facility must not refuse admission to any youth on the grounds of race, sex, sexual orientation, gender identity, religion, disability, or ethnic origin. Admissions may be limited if a prospective youth’s needs cannot be met with reasonable accommodation that does not place an undue burden on the Facility or constitute a fundamental change in the Facility’s services.”

    Policy:

    • State of Maine, Department of Health and Human Services
      Non-Discrimination Notice
      “The Department of Health and Human Services (“DHHS”) does not discriminate on the basis of disability, race, color, sex, gender, sexual orientation, age, national origin, religious or political belief, ancestry, familial or marital status, genetic information, association, previous assertion of a claim or right, or whistleblower activity, in admission or access to, or the operation of its policies, programs, services, or activities, or in hiring or employment practices.”
      https://www.maine.gov/dhhs/about/non-discrimination-notice
    • The Maine Youth in Care Bill of Rights
      “Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they are in foster care.”
      https://www.maine.gov/dhhs/ocfs/cw/policy/v_-t_-youth-transition-policy-.html

    State Agency Website: https://www.maine.gov/dhhs/ocfs

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Mississippi has regulatory based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Mississippi Department of Human Services has policy based protections against discrimination on account of gender, sexual orientation, and gender identity for youth in the child welfare system.

    Mississippi has a child welfare-specific religious refusal law. The law permits any “religious organization” to refuse to provide services if doing so is “based upon or in a manner consistent with a sincerely held religious belief or moral conviction.” The religious beliefs protected by the law are the beliefs that “(a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.” The services an organization is permitted to refuse include the provision of “any adoption or foster care service.” Miss. Code §§ 11-62-1 to 11-62-19. See also H.B. 1523 (2016).

    Mississippi does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • 18 Code Miss. R. Pt. 6, A II XIV Expectation of Rights Through the Eyes of the Child or Youth
      “A. As a Child or Youth in Foster Care, I Have the Right: …
      • To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation…
      C. All Children and Youth in Foster Care Have the Right to…
      • Be who they are.
      • Youth have the right to their own identity, values, freedom to express their emotions, hopes, plans and goals, religion/spirituality.
      • Youth have the right to learn about their sexuality in a safe and supportive environment …
      • Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they’re in foster care.”
    • 18 Code Miss. R. Pt. 6, A II XII Clients’ Rights for Parents or Primary Caretakers of Children in Care
      “C. For Youth 14 or Older in Foster Care
      These are the rights and responsibilities for youth fourteen (14) and older in the custody of the MDHS…
      You Have the Right to: …
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation…
      14. Be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.
      You Have theResponsibility to: …
      4. Treat others with dignity and respect without regard to race, color, creed, religion, national origin, sex, age, disability or political affiliation…
      D. Rights and Responsibilities Children 13 and Under in Foster Care
      You have rights and responsibilities while you are involved with DFCS of Family and Children’s Services (DFCS)…
      You Have the Right to…
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation…
      11. You have the right to be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.”
    • 18 Code Miss. R. Pt. 6, D XII App. M
      Notice of Rights & Responsibilities Children 13 & Under in Foster Care
      “You Have the Right to: …
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation. …11. You have the right to be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.”
    • 18 Code Miss. R. Pt. 6, D XII App. L
      Notice of Rights & Responsibilities for Youth 14 and Older in Foster Care
      “You Have the Right to: …
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation …
      14. Be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.”
    • 18 Code Miss. R. Pt. 1, R. 4.1
      Civil Rights and Non-Discrimination
      “The Mississippi Department of Human Services complies with all Federal and State regulations which prohibit discrimination on the basis of race, color, age, sex, gender identification, national origin, religious creed, disability, political beliefs or reprisal or retaliation for prior civil rights activity as defined through the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. All complaints of discrimination will be investigated in accordance with Federal and State laws and regulations.”
    • 18 Code Miss. R. Pt. 23, R. 1.3
      Non-Discrimination.
      “The Division of Administrative Hearings complies with all Federal and State regulations which prohibit discrimination on the basis of race, color, age, sex, gender identification, national origin, religious creed, disability, political beliefs or reprisal or retaliation for prior civil rights activity as defined through the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. All complaints of discrimination will be investigated in accordance with Federal and State laws and regulations.”
    • 18 Code Miss. R. Pt. 6, I III
      “L. Notice of Non-Discrimination Policy
      MDHS-DFCS prohibits discrimination and/or the exclusion of individuals from its facilities, programs, activities and services based on the individual person’s race, national origin, color, creed, religion, sex, sexual orientation, age, disability, veteran status, or inability to speak English. A notice of MDHS-DFCS non-discrimination policy will be posted in each county office.”
    • 18 Code Miss. R. Pt. 6, I IV App. B
      “Nondiscrimination–… In accordance with Federal law and U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. Under Food Stamp Act and USDA policy, discrimination is prohibited also on the basis of religion or political beliefs.”

    Policy:

    • State of Mississippi Department of Human Services
      Division of Family and Children’s Services
      Section D: Foster Care Policy
      Appendix L: Notice of Rights & Responsibilities for Youth 14 and Over in Foster Care
      “These are the rights and responsibilities for youth fourteen (14) and older in the custody of the Mississippi Department of Human Services…
      You have the right to: …
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation…
      Appendix M: Notice of Rights & Responsibilities Children 13 & Under in Foster Care
      You have rights and responsibilities while you are involved with the DFCS of Family and Children’s Services (DFCS). These are the rights and responsibilities for children thirteen and under who are in the custody of the Mississippi Department of Human Services…
      You have the right to: …
      6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation.”
      https://www.mdcps.ms.gov/sites/default/files/about-us/policies-%26-procedures/DFCS-Policy-Section-D-09-11-17.pdf
    • Mississippi Department of Child Protective Services
      Licensure Requirements and Operations Standards for Congregate Care Providers
      Rule 1.6 Prohibition Against Discrimination
      “A. Any provider accepting referrals from MDCPS must be in compliance with all laws and regulations pertaining to non-discrimination in order to receive and retain a license.
      B. All providers must adhere to all non-discrimination laws in order to be licensed by MDCPS.
      Source: Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990”
      https://www.mdcps.ms.gov/sites/default/files/about-us/policies-%26-procedures/Congregate-Care-Final-7.24.18.pdf

    State Agency Website: https://www.mdcps.ms.gov/

    Grievance Procedure: None known.

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Nevada has statutory and policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. Nevada has regulatory based protections against discrimination on account of sexual orientation and gender for youth the child welfare system.

    The state requires that all child welfare workers making direct contact with children be trained in providing services to LGBTQ+ youth. Nev. Rev. Stat. Ann. § 432B.195(2), 424.0365(1)(h).

    Nevada has law banning conversion therapy. The state prohibits psychotherapists from providing “conversion therapy” to anyone under 18 years of age. The law defines conversion therapy as “any practice or treatment that seeks to change the sexual orientation or gender identity of a person.” Nev. Rev. Stat. § 629.600. See also S.B. 201 (2017).

    Nevada has a child welfare-specific ombuds, (Nevada Division of Child and Family Services, Systems Advocate).

    Statute:

    Nondiscrimination

    • Nev. Rev. Stat. Ann. § 432.525
      Rights generally.
      “A child placed in a foster home by an agency which provides child welfare services has the right:
      (7) To be free from:
      (e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to the human immunodeficiency virus.”
    • Nev. Rev. Stat. Ann. § 424.0445
      Duties of provider of foster care relating to gender identity or expression of foster child.
      “A provider of foster care shall:
      1. Ensure that each foster child who is placed in the foster home is treated in all respects in accordance with the child’s gender identity or expression”Training Requirements
    • Nev. Rev. Stat. Ann. § 432B.195
      Agency which provides child welfare services required to provide training to certain employees concerning rights of certain persons responsible for child’s welfare and working with lesbian, gay, bisexual, transgender and questioning children; employees not required or authorized to offer legal advice, legal assistance or legal interpretation of state or federal laws
      “1. An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is: (a) The subject of an investigation of alleged abuse or neglect of a child; or (b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive. 2. In addition to the training provided pursuant to subsection 1, an agency which provides child welfare services shall ensure that each employee of the agency who comes into direct contact with children receives, within 90 days after employment and annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.”
    • Nev. Rev. Stat. Ann. § 424.0365
      Licensee of family foster home, specialized foster home, independent living foster home or group foster home to ensure training of employees who have direct contact with children; regulations
      “1. A licensee that operates a family foster home, a specialized foster home, an independent living foster home or a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within 90 days after employment and annually thereafter. Such training must be approved by the licensing authority and include, without limitation, instruction concerning: …
      (c) The rights of children in the home; …
      (h) Working with lesbian, gay, bisexual, transgender and questioning children”
    • Nev. Rev. Stat. Ann. § 432B.60845
      Requirements for certain facilities concerning training of employees and gender identity or expression of child placed in facility
      “A facility which provides care or treatment to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to NRS 32B.6076 or 432B.60815 shall:
      1. Ensure that each employee of the facility who comes into direct contact with children at the facility receives, within 90 days after employment and annually thereafter, training that has been approved by the Division of Child and Family Services concerning working with lesbian, gay, bisexual, transgender and questioning children”
    • Nev. Rev. Stat. Ann. § 424.235
      Duty of foster care agency to ensure that staff receives certain training; duties of agency relating to gender identity or expression of foster child
      “1. The holder of a license to operate a foster care agency shall ensure that each member of the staff of the foster care agency who comes into direct contact with a child placed by the foster care agency receives, within 90 days after employment and annually thereafter, training that has been approved by the licensing authority concerning working with lesbian, gay, bisexual, transgender and questioning children.”
    • Nev. Rev. Stat. Ann. § 432A.177
      Licensees of certain child care facilities required to ensure training of employees who have direct contact with children; regulations
      “1. A licensee that operates a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall ensure that each employee who comes into direct contact with children in the facility receives training within 90 days after employment and annually thereafter. Such training must be approved by the licensing authority and include, without limitation, instruction concerning: …
      (c) The rights of children in the facility; …
      (h) Working with lesbian, gay, bisexual, transgender and questioning children”
      Placement
    • Nev. Rev. Stat. Ann. § 432B.60845
      Requirements for certain facilities concerning training of employees and gender identity or expression of child placed in facility
      “A facility which provides care or treatment to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to NRS 32B.6076 or 432B.60815 shall:
      2. Ensure that each child who is placed in the facility is treated in all respects in accordance with the child’s gender identity or expression; and
      3. Follow the protocols prescribed in the regulations adopted pursuant to NRS 432B.172 when placing the child within the facility.”
    • Nev. Rev. Stat. Ann. § 424.235
      Duty of foster care agency to ensure that staff receives certain training; duties of agency relating to gender identity or expression of foster child
      “2. A foster care agency shall:
      (a) Ensure that each child placed by the foster care agency is treated in all respects in accordance with the child’s gender identity or expression; and
      (b) Follow the protocols prescribed in the regulations adopted pursuant to NRS 432B.172 when assisting an agency which provides child welfare services or a juvenile court in placing a child in foster care.”
    • Nev. Rev. Stat. Ann. § 432B.172
      Agency which provides child welfare services required to treat child in accordance with gender identity or expression; regulations concerning placement of child
      “1. An agency which provides child welfare services shall treat each child to whom the agency provides services in all respects in accordance with the child’s gender identity or expression.
      2. The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the custody of an agency which provides child welfare services is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
      (a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings; …
      (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons”
    • Nev. Rev. Stat. Ann. § 432A.1759
      Certain child care facilities required to treat child in accordance with gender identity or expression; regulations concerning placement in facility
      “1. A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall treat each child who is placed in the facility in all respects in accordance with the child’s gender identity or expression.
      2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a child care facility and protocols for a child care facility to follow when placing a child within the facility that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with:
      (a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings;
      (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons”

    Regulation:

    Nondiscrimination

    • Nev. Admin. Code 424.450 Duties of foster home, foster parent and direct care staff: General requirements. (NRS 424.020)
      “3. The foster home shall not discriminate on the basis of race, color, national origin, disability, religion, gender, age, marital status, political affiliation, sexual orientation or any other reason in accordance with the United States Constitution, the Civil Rights Act of 1964 and section 504 of the Rehabilitation Act of 1973.”
    • Nev. Admin. Code 424.500. Care and treatment of children: General requirements.
      “8. The foster parent and direct care staff shall treat all children, including, without limitation, lesbian, gay, bisexual, transgender and questioning children in the same respectful and nonjudgmental manner to ensure that all children feel safe and welcome in the foster home.”
      Training Requirements
    • Nev. Admin. Code 424.270. Training.
      “6. In addition to the training required by subsections 1, 2 and 5, a licensee that operates a foster home must receive, not later than 90 days after initial licensure and annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.”

    Policy:

    • Nevada’s Foster Youth Bill of Rights
      “If you believe that your rights have been violated or that you are being treated differently because of your race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability or exposure to HIV, you have the right to have any violations resolved.”
      http://dcfs.nv.gov/uploadedFiles/dcfsnvgov

    State Agency Website: http://dcfs.nv.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Mexico has regulatory and policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity and gender expression for youth in the child welfare system. Additionally, New Mexico has regulation regarding LGBTQ+ specific training for staff and foster parents and affirming placements.

    New Mexico has law banning conversion therapy. The state prohibits the provision of “conversion therapy” to any person under the age of eighteen. The law defines conversion therapy as “any practice or treatment that seeks to change a person’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.” N.M. Stat. § 61-1-3.3. See also S.B. 1212 (2017).

    New Mexico has an Office of Children’s Rights and a Substitute Care Advisory Council that monitors the Children, Youth & Families Department (CYFD).

    Statute: None known.

    Regulation:

    Nondiscrimination/Protection from Harm

    • N.M. Admin. Code 8.26.4.17
      Licensing Requirements for Foster and Adoptive Homes: Foster Care Provider Assurances
      “Foster care providers: …
      (2) shall not engage in discriminatory treatment on the basis of a child’s race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; socioeconomic status; language; political affiliation; military or veteran status; status as a victim of domestic violence, sexual assault or stalking; and housing status, including homelessness; or any other non-merit factor;
      (3) shall not attempt to change or discourage a child’s sexual orientation, gender identity, or gender expression or prohibit expression, including through clothing or grooming, consistent with the child’s gender or gender expression”
    • N.M. Admin. Code 8.10.8.10
      Permanency Planning: Out of Home Placement
      “When a child cannot safely remain in their home, PSD shall pursue legal custody of the child. When the court has determined it is contrary to the welfare of the child to remain in their home, PSD is awarded legal custody resource family to ensure the child’s safety and well-being. The placement of a child into foster care shall not be delayed or denied on the basis of the race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence; sexual assault, or stalking; or any other factor unrelated to suitability to parent.”
    • N.M. Admin. Code 8.26.5.15
      Child Placement Agency Licensing Standards: Agency Operations
      “B. Ethical operations: The agency operates in an ethical manner and according to any standards a relevant licensing board promulgates, including, but not limited to the following:
      (5) Discrimination: Agencies who receive state or federal monies, shall not discriminate against applicants, clients, or employees based on race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity.”
    • N.M. Admin. Code 8.26.2.21
      Placement Services: Best Interest Adoption Placement
      “E. The placement of a child shall not be delayed or denied based on the race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence; sexual assault, or stalking; or any other non-merit factor of the adoptive parent or child involved.”
    • N.M. Admin. Code 8.26.6.16
      Community Home Licensing Standards: Community Home Policies and Procedures
      “Protection of children: Policies and procedures shall acknowledge the community home’s responsibility to protect the safety of children. Specifically, policies and procedures shall:
      (3) create a safe and supportive home environment for youth in PSD custody regardless of their sexual orientation or gender identity.”
    • N.M. Admin. Code 8.26.2.12
      Placement Services: Roles and Responsibilities of Foster Parents
      “E. Prohibited forms of discipline, for all children residing in the home, shall include, but are not limited to the following: corporal punishment such as shaking, spanking, hitting, whipping, or hair or ear pulling; isolation; race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence, sexual assault or stalking; and housing status, including homelessness; or any other factor. The child shall not be excluded from the resource family and shall not be threatened with exclusion from the resource home as punishment. The child shall not be locked in a room or closet.”
    • N.M. Admin. Code 8.26.2.13
      Placement Services: Application of the Reasonable and Prudent Parent Standard
      “C. In applying the reasonable and prudent parent standard, the resource parent shall consider the following:
      (1) the desires of the child including, but not limited to, cultural identity, spiritual identity, gender identity, and sexual orientation[.]”Training Requirements
    • N.M. Admin. Code 8.8.2.21
      Protective Services General Policies: Qualifications and Training of Staff
      “B. All PSD staff shall receive training in carrying out the provision of services to children and families in a manner that is respectful of race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence; sexual assault, or stalking; or any other factor.”
    • N.M. Admin. Code 8.26.4.16
      Licensing Requirements for Foster and Adoptive Homes: Foster Care Provider Training
      “B. Ongoing training: All foster care providers licensed by PSD or a CPA are required to participate in PSD approved annual training.
      (1) Foster care providers licensed by PSD shall participate in approved annual on-going training determined by PSD. All foster care providers shall develop an annual individualized training plan. The training plan shall be jointly developed by the foster care provider and the PSD placement worker. The training plan shall ensure the foster care provider receives ongoing instruction to support their roles and remain up to date on policies, requirements, and services to meet the provider’s needs. Further training may also include child specific training (meeting the needs of the child related to their entire identity including race, national origin, religion, gender, gender expression, sexual orientation, or disability) or may address issues relevant to the general population of children in foster care in New Mexico.”
    • N.M. Admin. Code 8.26.5.18
      Child Placement Agency Licensing Standards: Agency Policies and Procedures
      “A. Protection of children: Agency policies and procedures shall acknowledge the agency’s responsibility to protect the safety of children. Specifically, policies and procedures shall: …
      (3) educate prospective and current foster or adoptive families on how to create a safe and supportive home environment for youth in foster care regardless of their sexual orientation, gender identity or gender expression.”

    Policy:

    • State of New Mexico Children, Youth, and Families Department
      Nondiscrimination Policy Statement
      “No child, youth, family or individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of provision of CYFD programs and services, including contract services and programs on the basis of: race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; medical condition, including HIV/AIDS; status as a survivor of domestic violence, sexual assault, or stalking; and housing status, including homelessness; or any other non-merit factor.”
      https://www.cyfd.nm.gov/wp-content/uploads/2023/03/LGBTQIAEnglish.pdf

    State Agency Website: https://cyfd.org/

    Grievance Procedure:

    • Office of Children’s Rights – How to file a complaint
      Email: CYFD.YouthGrievance@state.nm.us
      Phone: (505) 228-6797
      https://www.cyfd.nm.gov/cyfd-office-of-childrens-rights/how-to-file-a-complaint/
    • New Mexico Children, Youth & Families
      PO Drawer 5160
      P.E.R.A. Room 254
      Santa Fe, New Mexico 87502
      Phone: (505) 827-7606
      Fax: (505) 827-4053
      Email: harry.montoya@state.nm.us
      http://cyfd.org/about-cyfd/constituent-affairs
    • N.M. Admin. Code § 8.14.20.15 Right of Grievance Complaint and Appeal
      “The client grievance and appeal procedure is written and made available to all clients and families and includes at least one level of appeal. The published process for submitting a grievance is posted and grievance boxes are provided nearby in conspicuous places for clients and families in each living unit and common areas. Grievances are transmitted confidentially and without alteration, interference, or delay to the party responsible for receipt and investigation. A written report on the final disposition of a grievance is prepared and filed, and a copy given to the client.”

    • Substitute Care Advisory Council
      PO Box 3204 Mesilla Park, NM 88047
      Phone: 833-272-2255
      Email: nm.crv@state.nm.us
      http://www.scacnm.org/

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • North Dakota Department of Health & Human Services has policy based protection against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. The Foster Care Handbook for Youth provides policy based protections against discrimination on account of gender and sexual orientation.

    North Dakota has a child welfare-specific religious refusal law, which permits any child placing agency to refuse to “perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the agency’s written religious or moral convictions or policies.” N.D. Cent. Code § 50-12-07.1.

    North Dakota does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • N.D. Admin. Code 75-03-36-35
      Licensing of Child-Placing Agencies – Foster Care – Programs and Services
      “2. The child-placing agency shall have a written admission policy. The written policy must include: …
      d. A requirement that the child-placing agency accept a child for placement who meets eligibility criteria; …  f. A requirement that the child-placing agency discuss with the child and the child’s parent, guardian, or custodian, the appropriateness of the child-placing agency’s services in meeting the child’s needs, including client rights.”
    • N.D. Admin. Code 75-03-14-05
      Family Foster Home for Children – Provisions of Service.
      “Foster care providers shall ensure the health and safety of children placed in their dwelling and provide a safety service to best meet the needs of the child in foster care. The provision of service may be accomplished in many ways, including meeting the daily needs of the child, supporting family connections, and complying with goals and tasks to assist the child in achieving timely permanency. The foster care provider shall: …
      12. Engage in appropriate discipline that is constructive or educational in nature and may include diversion, separation, discussions with the child in foster care about the situation, praise for appropriate behavior, and gentle therapeutic physical restraint, for providers with proper training …
      f. Verbal abuse or derogatory remarks about a child in foster care, the child’s family, race, religion, sexual orientation, gender identity, or cultural background may not be used and are not permitted.”

    Policy:

    • North Dakota Department of Human Services
      Children & Family Services Division
      North Dakota Foster Care Handbook For Youth
      “As a North Dakota Foster Youth, you have the right to:
      Be treated fairly and without discrimination or put-downs because of your race, gender, age, sexual orientation, disabilities, or religious beliefs.”
      https://www.hhs.nd.gov/sites/www/files/documents/DHS%20Legacy/foster-youth-handbook.pdf
    • North Dakota Department of  Health & Human Services
      Nondiscrimination Policy
      “Discrimination means treating someone differently because of a particular characteristic such as race, color, sex, gender identity, sexual orientation, age, disability, or religion. North Dakota Department of Health and Human Services (HHS) makes available all services and assistance without regard to race, color, sex, gender identity, sexual orientation, age, disability, national origin, religion, or status with respect to marriage or public assistance.  For programs funded by the U.S. Department of Agriculture (USDA), HHS also makes services and assistance available without regard to political beliefs. These laws must be followed by persons who contract with or receive funds to provide services for HHS, including the state’s eight regional Human Service Centers, the State Hospital, the Life Skills and Transition Center, and Human Service Zone offices.”
      https://www.hhs.nd.gov/nondiscrimination-policy

    State Agency Website: https://www.hhs.nd.gov/cfs

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Ohio has regulatory and policy based protections against discrimination on account of sex, gender, “sexual identity” and sexual orientation for youth in the child welfare system. Additionally, the Ohio Foster Care Bill of Rights regulation includes protections against discrimination on account of gender identity.

    The state’s Bureau of Civil Rights accepts discrimination claims on the basis of race, color, national origin, religion, sex, political affiliation, disability or age. The Office of Constituent Affairs handles questions and concerns about a broad range of services provided by the state.

    Ohio does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • Ohio Admin. Code 5101:2-5-35
      Foster youth bill of rights
      “(A) No court, agency, resource caregiver, residential facility or any employee, volunteer, intern or subcontractor of an agency, court or residential facility is to in any way violate any of the following rights of children:
      (1) The right to be free from physical, verbal, and emotional abuse and inhumane treatment …
      (3) The right to receive timely and consistent access to: …
      (c) Clothing appropriate to the child’s age and gender identity. This includes the right to participate and provide input regarding the selection of their clothing …
      (6) The right to visitation and communication with parents, siblings, other family members, non-related kin, friends and significant others from whom they are living apart, in accordance with the child’s service or case plan …
      (9) The right to receive timely, adequate, and appropriate medical care, dental services, vision care, and mental health services. This includes the right to have appointments scheduled and be transported to these appointments.
      (10) The right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion …
      (15) The right to protection against being discriminated against or harassed on the basis of race, sex, gender, gender identity, sexual orientation, disability, religion, color or national origin.”
    • Ohio Admin. Code 5101:2-7-09
      Care, supervision and discipline
      “(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, gender, sexual identity, sexual orientation, religion, color or national origin …
      (D) A foster caregiver shall not subject a foster child to verbal abuse or swearing; to derogatory remarks about foster children and their families, race, sex, gender, sexual identity, sexual orientation, religion, color or national origin; or to threats of physical violence or removal from the foster home …
      (N) Concerning the hygiene needs of a foster child, the foster caregiver shall:
      (1) Ensure that:
      (a) Each foster child’s clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child’s age and gender identity.
      (b) Each foster child capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race and national origin.
      (2) Provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race, national origin and need for training.”

    Policy:

    • Department of Job and Family Services: Family, Children and Adult Services Manual: Foster Care Licensing
      5101:2-7-09 Care, Supervision and Discipline
      “(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, gender, sexual identity, sexual orientation, religion, color or national origin
      (N) Concerning the hygiene needs of a foster child, the foster caregiver shall:
      (1)Ensure that:
      (a)Each foster child’s clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child’s age and gender identity.
      (b)Each foster child capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race and national origin. (2 )Provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race, national origin and need for training.”
      https://emanuals.jfs.ohio.gov/FamChild/FCASM/FosterCareLic/5101-2-7-09.stm

    State Agency Website: http://jfs.ohio.gov/ocf/index.stm

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Oklahoma has regulatory based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. The Oklahoma Department of Human Services has policy based protections against discrimination on account of sex.

    Okalahoma has a child welfare-specific religious refusal law, which permits any private child placing agency to “perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.” Okla. Stat. tit. 10A, § 1-8-112. See also S.B. 1140 (2018).

    The Oklahoma Department of Human Services has a Foster Child Ombudsman, a Foster Parent Ombudsman, and an Office of Client Advocacy.

    Statute: None known.

    Regulation:

    • Okla. Admin. Code 340:75-14-1
      Department of Human Services: Child Welfare Services
      Well-Being: Purpose, definitions, and assessment
      “(b) Equal access. Children engaged by the CW system have the right to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or Human Immunodeficiency Virus (HIV) status.”
    • Okla. Admin. Code 340:1-11-14
      Oklahoma Department of Human Services (DHS) responsibility to contractors, vendors, and sub-grantees
      “(a) DHS requires its contractors, vendors, and sub-grantees to comply per Oklahoma Administrative Code (OAC) 340:1-11-1. Contractors, vendors, and sub-grantees are informed that compliance with OAC 340:1-11-1 is a condition of the initial or continued participation in any part of the programs in which they are involved. In each DHS-written authorization for the purchase of services, a requirement is included stipulating the services are rendered without regard to race, color, religion, sex, national origin, or disability, age, or genetic information.”
    • Okla. Admin. Code 340:75-7-38
      Discipline for the child in Oklahoma Department of Human Service (OKDHS) custody placed in foster family care
      “(c) Teaching techniques. . . .
      (5) Punishment. Unacceptable behavior management methods and techniques promote negative behavior, are punitive, and do not promote self-control. Unacceptable behavior management techniques for the child include, but are not limited to: . . .
      (G) derogatory remarks about the child, the child’s biological family, race, religion, or cultural background[.]”

    Policy:

    • Oklahoma Department of Human Services
      Web Site Policies: Non-Discrimination Statement
      “OKDHS does not discriminate based on race, color, sex, age, disability, national origin, religion, or political opinion or affiliation.”
      https://oklahoma.gov/okdhs/notices/nondisc.html

    State Agency Website: http://www.okdhs.org/services/cws/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Oregon has regulatory based protections from discrimination on account of sexual orientation, gender identity and gender expression for youth in the child welfare system. Oregon has policy based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. Oregon’s “Foster Children Bill of Rights,” found in agency policy, gives youth the right to “determine and express [their] gender and sexual identity for [themselves].” Additionally, Oregon’s Foster Home Certification regulation has provisions requiring that gender identity and expression be respected in providing youth with adequate clothing and sleeping arrangements.

    Oregon has law banning conversion therapy. The state prohibits mental health care professionals from practicing “conversion therapy” on recipients under 18 years of age. The law defines conversion therapy as “providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender.” Or. Rev. Stat. § 675.850. See also H.B. 2307 (2015).

    Oregon has a Foster Care Ombudsman and Governor’s Advocacy Office (ODHS Ombuds).

    Statute: None known.

    Regulation:

    Nondiscrimination

    • Or. Admin. R. 419-400-0060
      Department of Human Services, Child Welfare Services
      Licensing Umbrella Rules: Respect of Children in Care
      “A child-caring agency must respect the race, spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, and cultural identities of a child in care, and provide opportunities to enhance the positive self-concept and understanding of the child in care.”
    • Oregon Administrative Rules 413-200-0308
      Department of Human Services, Child Welfare Services
      Personal Qualifications of Applicants and Certified Resource Families
      “(2) Applicants must … (k) Respect, accept and support the race, ethnicity, cultural identities, national origin, immigration status, sexual orientation, gender identity, gender expression, disabilities, spiritual beliefs, and socioeconomic status, of a child or young adult in the care or custody of the Department, and provide opportunities to enhance the positive self-concept and understanding of the child or young adult’s heritage”
    • Oregon Administrative Rules 413-200-0358
      Requirements Regarding the Discipline of a Child or Young Adult
      “(2) The certified resource family must not do any of the following to a child or young adult in the care or custody of the Department placed in the home: (f) Use derogatory remarks about the child or young adult, or the family characteristics, physical traits, culture, ethnicity, language, immigration status, sexual orientation, gender identity and expression, or traditions of the child or young adult.”
    • Oregon Administrative Rules 419-440-0040
      Department of Human Services, Child Welfare Services
      Foster Care Agencies: Assessment and Approval of Proctor Foster Homes
      “(3) The foster care agency must complete a written home study that includes all of the following information:
      (A) For all members of the household age 18 and over; and
      (q) The proctor foster home applicant’s ability to respect the spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, cultural identity, and socioeconomic background of each child in care, and provide opportunities to enhance the positive self-concept and understanding of the heritage of the child in care.”

      Dressing/Clothing
    • Oregon Administrative Rules 413-200-0352
      Foster Home Certification: Requirements for the Care of Children and Young Adults
      “(1) Work cooperatively with the Department, to support the case plan and meet the needs of the child or young adult in the care or custody of the Department placed with the certified resource family including, but not limited to:
      (d) Adequate clothing that is age-appropriate and meets the cultural and gender identity and gender expression of the child or young adult.”Placement
    • Oregon Administrative Rules 413-200-0335
      Foster Home Certification: Standards Regarding the Home Environment
      “(a) Department staff must consider the age, gender, gender expression, and gender identity, culture, special needs, behavior, and history of abuse of the child or young adult in the care or custody of the Department, when determining appropriate sleeping arrangements.”

    Policy:

    • Oregon Department of Human Services: Office of Child Welfare Programs
      Policy No. I-A.1, Client Rights – Policy
      “Discrimination Prohibited. No individual shall, on the grounds of race, color, national origin, religion, marital status, gender, sex, sexual orientation, age, citizenship, political affiliation, language or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under programs and activities for which the Oregon Department of Human Services (ODHS) has responsibility. This same policy of non-discrimination is equally applicable to all Department contract providers, grantees, agents and providers of services funded in whole or in part with federal funds.”
      https://www.oregon.gov/odhs/rules-policy/cwpolicies/i-a1.pdf
    • Oregon’s Foster Children’s Bill of Rights
      “As a child or youth in foster care, I have the right:
      To determine and express my gender and sexual identity for myself.”
      https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/de9014a.pdf

    State Agency Website: http://www.oregon.gov/DHS/children/Pages/index.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Puerto Rico has regulatory protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. Puerto Rico also has regulatory protections against discrimination on account of sex in adoption services.

    Puerto Rico does not have a child welfare specific-ombuds, Puerto Rico has an Oficina Del Ombudsman De Puerto Rico that handles complaints against goverment agencies.

    Statute: None known.

    Regulation:

    • PR Reg. Family Department 9147
      Regulation to Amend Regulation No. 8319, Regulations of the Law for the Safety, Welfare and Protection of Minors.
      “Article 18 — Non Discrimination Clause
      In the applicability of this Regulation, there shall be no discrimination on the basis of social status, birth, race, colour, age, sex, sexual orientation, gender identity, national origin, disability, political or religious ideology, or any other discriminatory cause.”
    • PR Reg. Family Department 8687
      Child Care Program Regulations
      “Article 1.3 Prohibition of discrimination
      No ACUDEN official, supplier, employee of a supplier, contractor, natural person or legal entity that receives funds to provide services through the programs sponsored by ACUDEN, may discriminate on the basis of race, color, age, birth, sex, gender, sexual orientation, gender identity, origin, social status or political or religious beliefs or any other discriminatory cause.”
    • PR Regs. Family Department 6109
      Regulations for Adoption and Subsidized Adoption Services of the Department of the Family
      “Article 20- Non-Discrimination Clause
      In the applicability of this Regulation, there will be no discrimination based on social condition, birth, race, color, age, sex, national origin, disability, and political or religious ideology.”
    • PR Regs. Family Department 7878
      Regulation to Govern the Processes and Procedures of the Department of the Family in the Attention of the Requests of the Adoption Service.
      “Article XVII – Non Discrimination Clause
      In the applicability of this Regulation, there will be no discrimination based on social condition, birth, race, color, age, sex, national origin, disability, and political or religious ideology.”

    Policy: None known.

    State Agency Website: https://adfan.pr.gov/Pages/default.aspx OR https://childcare.gov/state-resources?state=118&type=203

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • South Carolina Department of Social Serivces has regulatory based protections against discrimination on account of sex for anyone seeking to access services. South Carolina Department of Social Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. South Carolina has policy based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system.

    South Carolina has a child welfare-specific religious refusal law. H.B. 4950, § 38.29 (2018). In 2018, the governor issued an executive order directing that “DSS shall not deny licensure to faith-based [child placing agencies] solely on account of their religious identity and sincerely held religious beliefs” and directing DSS “to review and revise its policies and manuals in accordance with this Order and ensure that DSS does not directly or indirectly penalize religious identity or activity[.]” S.C. Exec. Order No. 2018-12 (Mar. 13, 2018).

    South Carolina has a Department of Children’s Advocacy and the South Carolina Office of Ombudsman, that handles complaints against goverment agencies.

    Statute: None known.

    Regulation:

    • S.C. Code Regs. 114-200
      Department of Social Services: Civil Rights: Definitions
      “E. Discrimination – to deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by the Department.”
    • S.C. Code Regs. 114-210
      Department of Social Services: Civil Rights: Non-Discriminatory Practices
      “B. The Department shall not, directly or through contractual, licensing, or other arrangements:
      1. Deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by it;
      2. Aid or perpetuate unlawful discrimination against a client by contracting with, licensing, or otherwise utilizing providers who discriminate on the basis of race, color, national origin, qualified disability, sex, age, religion, political beliefs, or other unlawful basis.”

    Policy:

    • South Carolina Department of Social Services Human Services Policy and Procedure Manual
      Foster Family Licensing & Support
      710. Non-Discrimination: Purpose Statement
      “The agency is committed to the exercise of nondiscriminatory practice, and shall provide equal opportunities to all families and children, without regard to their race, color, and national origin, and religion, state of residence, age, disability, political belief, sex, or sexual orientation…
      No child shall be denied the opportunity to have a permanent family on the basis of race, color, national origin, religion, state of residence, age, disability, political belief, sex, or sexual orientation. Further, no individual shall be denied the opportunity to become a foster or adoptive parent on the basis of race, color, national origin, religion, state of residence, age, disability, political belief, sex, or sexual orientation. Neither of these opportunities shall be delayed on the above basis.”
      https://dss.sc.gov/media/2079/foster_home_licensing_v16-01.pdf
    • South Carolina Department of Social Services
      SCDSS Children and Youth in Foster Care Bill of Rights
      “I have the right to:
      1. Be treated as a normal and important human being.
      2. Be cared for with love and affection.
      3. Be provided adequate food, shelter and clothing.
      4. Be heard and involved with the decisions of my life. . . .
      17. Be cared for without regard to race, color, national origin, sex, religion or disability.”
      https://dss.sc.gov/resource-library/forms_brochures/files/30163.pdf
    • South Carolina Department of Social Services
      Individual and Provider Rights/Civil Rights
      “Office of Civil Rights (OCR)
      The OCR is responsible for ensuring that the civil rights of our clients are not violated by DSS.  To further that purpose, Office of Civil Rights works to ensure that all of our programs are accessible to our clients… The Office of Civil Rights also handles any discrimination claims, based on a protected class, brought by a client. Protected classes, as defined by federal law, include race, color, national origin, disability, age, religion, and sex (including pregnancy, sexual orientation, and gender identity), or reprisal or retaliation for prior civil rights activity.”
      https://dss.sc.gov/about/individual-and-provider-rightscivil-rights/

    State Agency Website: https://dss.sc.gov/

    Grievance Procedure:

    Ombudsman:

    • South Carolina Department of Children’s Advocacy
      1205 Pendleton Street, Suite 471A
      Columbia, SC 29201
      Phone: 803-734-3176
      Toll Free Complaint Line: 1-800-206-1957
      https://childadvocate.sc.gov/
    • South Carolina Office of Ombudsman
      Wade Hampton Building
      1205 Pendleton Street
      Columbia, South Carolina 29201
      Phone: (803) 734-5049
      https://admin.sc.gov/ombudsman

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • South Dakota Department of Social Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.

    South Dakota has a child welfare-specific religious refusal law, which provides, “broad protection of free exercise of religious beliefs and moral convictions.” Additionally, the law mandating that child-placement agencies cannot be required to provide services that “conflict with any sincerely-held religious belief or moral conviction” and the state may not take adverse action against child-placement agencies for doing so. S.D. Codified Laws § 26-6-36 – § 26-6-50. See also S.B. 149 (2017).

    South Dakota does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • South Dakota Department of Social Services
      Notice of Nondiscrimination
      “As a recipient of Federal financial assistance and a State or local governmental agency, the Department of Social Services (DSS) does not exclude, deny benefits to or otherwise discriminate against any person on the ground of race, color, or national origin, or on the basis of disability or age in admission or access to, or treatment or employment in, its programs, activities or services, whether carried out by DSS directly or through a contractor or any other entity with which DSS arranges to carry out its programs and activities; or on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation or disability in admission or access to, or treatment or employment in, its programs, activities or services when carried out by DSS directly or when carried out by sub-recipients of grants issued by the United States Department of Justice, Office on Violence against Women.”
      https://dss.sd.gov/keyresources/discrimination.aspx

    State Agency Website: https://dss.sd.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • West Virginia has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. The West Virginia Department of Health and Human Resources has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. The West Virginia Bureau for Children and Families has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. These protections are also referenced in the Bureau for Children and Families Juvenile Justice policy.

    West Virginia has a Foster Care Ombudsman.

    Statute: None known.

    Regulation:

    • W. Va. Code St. R. 78-2-9
      The Child’s and The Child’s Family’s Basic Rights.
      “9.1. For the child and the child’s biological family, an agency shall ensure the following rights:
      9.1.a. Equal access to services regardless of age, marital status, race, religion, ethnicity, gender, disability, or sexual orientation[.]”

    Policy:

    • West Virginia Department of Health and Human Resources
      Bureau for Children and Families: Foster Care Policy
      9.1 Nondiscrimination
      “As a recipient of Federal financial assistance, the Bureau for Children and Families (BCF) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion or creed in admission to, participation in, or receipt of the services and benefits under any of its programs and activities, whether carried out by BCF directly or through a contractor or any other entity with which BCF arranges to carry out its programs and activities.”
      https://dhhr.wv.gov/bcf/policy/Documents/Foster%20Care%20Policy%20June%202021%20(4)
    • West Virginia Department of Health and Human Resources
      Bureau for Children and Families: Youth Services Policy
      1.2 Philosophical Principles
      “Effective intervention requires that Youth Services respond in a non-punitive noncritical manner and offer help in the least intrusive way possible. Children and Families shall be treated with dignity and respect by the child welfare staff and all providers of service working with them. It is the Child Welfare System’s responsibility to ensure the rights of children and families being served are protected. In doing so, Child Welfare workers (including Youth service workers, Child Protective Workers, & any agency contracted by the DHHR) shall not assume all children in care are heterosexual, cis-gender or gender-conforming and will treat Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth with respect and competence. They will also adhere to State and Federal Laws related to LGBTQI Youth. All professionals in state and local child welfare systems have an obligation to understand and adhere to the federal laws that protect the families and children in the communities they serve. Decisions made by Child Welfare Workers, (including Youth Service Workers, Child Protective Service Workers, & any agency contracted by the DHHR) should be made without intentional or unintentional discrimination. This includes discriminating on the basis of age, race, color, sex, mental or physical disability, religious creed, national origin, sexual orientation, political beliefs and limited proficiency in speaking, reading, writing or understanding the English language…”
      11.1 Nondiscrimination
      “As a recipient of Federal financial assistance, the Bureau for Children and Families (BCF) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion or creed in admission to, participation in, or receipt of the services and benefits under any of its programs and activities, whether carried out by BCF directly or through a contractor or any other entity with which BCF arranges to carry out its programs and activities…”
      11.3 Complaint Procedure and Due Process Standards
      “A: Complaints Based on Disability or other Forms of Discrimination
      It is the policy of the West Virginia Department of Health and Human Resources (DHHR), not to discriminate on the basis of on the basis of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion, or creed.” https://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20January%202021.pdf

    State Agency Website: https://dhhr.wv.gov/bcf/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sexual Orientation and Sex (or Gender) Protections

  • Kentucky has regulatory based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services from the Cabinet for Health and Family Services. The Kentucky Cabinet for Health and Family Services has policy based protections against discrimination on account of sex for anyone seeking to access services. The Kentucky Department of Community Based Care has policy based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system.

    The Commonwealth Office of the Ombudsman handles matters pertaining to programs and services provided by the Cabinet for Health and Family Services.

    Statute:

    • Ky. Rev. Stat. Ann. § 199.898
      Rights for children in child-care programs and their parents, custodians, or guardians; posting and distribution requirements
      “(1) All children receiving child-care services in . . . a family child-care home certified pursuant to KRS 199.8982, or from a provider or program receiving public funds shall have the following rights:
      (a) The right to be free from physical or mental abuse;
      (b) The right not to be subjected to abusive language or abusive punishment; and
      (c) The right to be in the care of adults who shall meet their health, safety, and developmental needs.”

    Regulation:

    • 920 Ky. Admin. Regs. 1:090
      Section 2. Administrative Policy.
      “(1) The cabinet shall comply with the following federal and state laws prohibiting discrimination:
      (a) In a cabinet program: 1. KRS 344.015 and 344.020; 2. 28 C.F.R. 35 or 36; 3. 20 U.S.C. 1681; 4. 29 U.S.C. 794; 5. 42 U.S.C. 12131-12213, as amended by Pub.L. 110-325; 6. 42 U.S.C. 2000d-2000d-7; 7. 42 U.S.C. 6101-6107 or 45 C.F.R. 91; 8. Presidential Executive Order 13166; or 9. Another federal, state, or local law applicable to a cabinet program; …
      (4) Staff of OHRM shall attempt to elicit from a complainant the following: …
      (d) The basis on which the complainant believes discrimination or harassment exists, for example:
      1. Race; 2. Color; 3. Religion; 4. Sex; 5. National origin; 6. Age; 7. Retaliation; 8. Sexual orientation; 9. Disability;10. Political beliefs; 11. Sexual harassment; or 12. Limited English proficiency”

    Policy:

    • Kentucky Cabinet for Health and Family Services
      Civil Rights/Derechos Civiles
      “The Kentucky Cabinet for Health and Family Services does not discriminate against any person on the basis of political beliefs, race, color, national origin, religion, age, mental or physical disability or sex. This policy protects the rights of the Cabinet’s employees, service applicants and customers. Vendors, agencies and organizations providing services to the Cabinet or its recipients of federally aided programs also must comply with this policy.”
      https://chfs.ky.gov/Pages/civil-rights.aspx
      [Link Currently Unavailable] See https://chfs.ky.gov/agencies/dcbs/Documents/civilrightsbrochure.pdf
    • Department of Community Based Care, Standards of Practice Online Manual
      Chapter 1, 1.1 Ethical Practice
      “Protection and permanency professionals:…
      Act to prevent discriminatory behavior based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status or any basis proscribed by law”
      https://manuals-sp-chfs.ky.gov/chapter1/Pages/1-1.aspx

    State Agency Website: https://chfs.ky.gov/agencies/dcbs/dpp/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Louisiana has regulatory based protections against discrimination on account of sex, sexual orientation or any other “non-merit factor” for youth in the child welfare system. Louisiana Department of Children & Family Services has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. Additionally, the Department has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for children in the adoption placement process.

    Louisiana does not have a child welfare-specific ombuds, the state has an Office of State Inspector General.

    Statute: None known.

    Regulation:

    Nondiscrimination

    • La. Admin Code. tit. 67, pt. V., § 7311(E)(5)
      Provider Responsibilities: Children’s Rights: Civil Rights
      “a. A child’s civil rights shall not be abridged or abrogated solely as a result of placement in the provider’s program.
      b. A child shall not be denied admission, segregated into programs or otherwise subjected to discrimination on the basis of race, color, religion, national origin, sexual orientation, physical limitations, political beliefs, or any other non-merit factor.”
    • La. Admin Code. tit. 67, pt. V, § 7115(A)(5)
      Resident Protection: Rights: Civil Rights
      “a. Residents’ nor children of residents’ civil rights shall be abridged or abrogated solely as a result of placement in the provider’s program
      b. A resident nor child of a resident shall be denied admission, segregated into programs, or otherwise subjected to discrimination on the basis of race, color, religion, national origin, sexual orientation, physical limitations, political beliefs, or any other non-merit factor.”
    • La. Admin Code. tit. 67, pt. V, § 7309
      Child Placing Agencies: Administration and Operation
      “H. Policies and Procedures
      1. The provider shall have a clearly defined intake policy in keeping with its stated purpose and it should be clear from the practices of the provider that it is carrying out these purposes.
      a. Provider intake policy shall prohibit discrimination on the basis of race, color, creed, sex, national origin, handicapping condition, or ancestry.”
    • La. Admin Code. tit. 67 pt. V §7313
      Administration and Operation: C. Policies and Procedures–Foster Care, Adoption, Transitional Placing
      “5. The provider shall have a clearly defined intake policy in keeping with its stated purpose and it shall be clear from the practices of the provider that it is carrying out these purposes.
      6. Provider intake policy shall prohibit discrimination on the basis of race, color, creed, sex, national origin, disability, or ancestry”

    Policy:

    Nondiscrimination

    • Department of Children & Family Services Department Policy
      2 Civil Rights, 2-2 Non-Discrimination in Service Provision
      “No persons shall on the basis of age, sex, religion, race, color, national origin, political affiliation, sexual orientation, *** or disability (not all prohibited bases apply to all programs) be excluded from participation in; be denied the benefits of; or be subjected to discrimination under any program or activity conducted in this department. DCFS will take appropriate action to ensure that the above will be implemented at all levels of administration.”
      https://public.powerdms.com/LADCFS/tree/documents/393313
    • Department of Children & Family Services – 6 Foster Care, 3 Care Setting Considerations, 6-300 Guidelines for Selecting a Placement/Replacement Resource
      “F. Nondiscriminatory Care Setting Selection
      There shall be no discrimination in the placement of children on the basis of race, color, or national origin in accordance with the Social Security Act, Part E, Sections 471.18.A-B. DCFS staff shall not deny to any person the opportunity to become a foster parent, on the basis of the race, color, national origin, sexual orientation or gender identity expression of the foster parent or the child involved. Additionally, staff shall not delay or deny the care setting of a child into foster care, on the basis of the race, color, national origin, sexual orientation or gender identity expression of the foster parent, or the child involved. When selecting a foster family for a child, DCFS staff should consider the best interest of the child. Factors considered in the care setting decision shall be documented in the case record as well as the rationale for selecting a family. Child related factors that may be considered are listed below:
      ● Current functioning and behaviors; ● Medical, educational and developmental needs of the child that may include experience and training of a caregiver, as well as a home located within reasonable travel distance for access to medical and other service providers; ● Sexual orientation, gender identity expression ● History and past experiences; ● Interests and talents; ● Attachment to current caretakers and relatives; and ● Child’s personal preference that he can articulate and discuss.
      Factors that may be considered in assessing the prospective caregiver’s suitability to care for a particular child are their abilities to:
      ● Form relationships and bond with the child; ● Help the child integrate into the family; ● Accept the child’s background as well as their sexual orientation and/or gender identity expression and help the child cope with his or her past; ● Accept the behavior and personality of the child; ● Meet the child’s particular educational, developmental, or psychological needs; ● Meet the child’s linguistic, dietary, musical, or athletic needs; and ● Meet the special care needs of a medically fragile, premature and/or substance exposed infant …
      If it appears that the child does have distinctive needs related to race, color, sexual orientation, gender identity expression or national origin, the case worker should document his responses to the following questions: ● What are the child’s special or distinctive needs based on race, color, sexual orientation, gender identity expression or national origin? ● Why is it in the child’s best interest to take these needs into account? ● Can the child’s needs related to race, color, sexual orientation, gender identity expression or national origin be met without delaying the care setting and placing the child at risk of other harms? ● Can these needs be met by the prospective foster or adoptive parent who does not share the child’s racial or ethnic or sexual orientation or gender identity expression background? ● Can these needs be met only by a same race/ethnic or sexual orientation or gender identity expression care setting? If so, is some delay justified in order to search for a parent of the same race or ethnicity or sexual orientation or gender identity expression, if an appropriate person is not available in the Department’s current files? ● Can the child’s special needs be taken into account without denying the child an opportunity to be cared for in a readily available foster home?”
      https://public.powerdms.com/LADCFS/documents/402846
    • Department of Children & Family Services – 8 Adoption, 4 Adoptive Placement Process, 8-400 Overview of Adoptive Placement Process
      “All children in agency custody who are legally available for adoption shall receive services designed to achieve placement in a permanent family regardless of race, creed, color, age, developmental disability, sexual orientation, gender identity expression, institutional placement, or membership in a sibling group.”
      https://public.powerdms.com/LADCFS/documents/405470Resources
    • Department of Children & Family Services – 5 Family Services, 10 Case Closure, 5-1000 Case Closure
      “The plan should also identify community resources available to the family should the need arise. The plan should further document telephone numbers and contact information for the local Department of Children and Family Services Office, identified support network, and relevant community resources. In cases where sexual orientation and/or gender identity expression is an issue, referrals to Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) affirming, community based services need to be in place.”
      https://public.powerdms.com/LADCFS/documents/405113
    • Department of Children & Family Services – 6 Foster Care, 10 Education, 6-1000 Education Services to Children in Foster Care
      “All decisions regarding a child’s educational program must take into consideration the following in relation to the individual child: unique educational/developmental needs requiring supportive services in the learning environment; best interest of the child; stability of educational setting; educational/developmental progress and appropriateness of educational program; safety of the child in the learning environment; preparation of the school to manage potential threats from parents; any bullying which may be occurring; repercussions being experienced in relation to any sexual orientation/gender identity expression; supportive services available; long-term educational goals; sustainability of a stable educational setting ***; contribution to permanency”
      https://public.powerdms.com/LADCFS/documents/402787
    • Department of Children & Family Services – 6 Foster Care, 11 Medical Services to Foster Children, 6-1105 Ongoing Medical and Dental Care
      “Specialized medical screenings for children under the care of medical specialists due to the unique medical care needs of the child, follow up examinations and screenings should be based on the recommendations of the specialist treating the child. Examples of this may include, but are not limited to: ● Oncologist for child with Cancer ● Cardiologist for child with heart issues ● Endocrinologist for child with gender identity issues”
      https://public.powerdms.com/LADCFS/documents/402730
    • Department of Children & Family Services – 6 Foster Care, 11 Medical Services to Foster Children, 6-1125 Behavioral Health Services
      “3. Behavioral Services
      Treatment should never be sought specifically because the youth is expressing/questioning gender identity that is different to societal expectations or because the youth expresses sexual interest that is different from cultural norms. However, if a youth is demonstrating extreme agitation, fearfulness, anxiety or depression which is impacting them or causing difficulty within interpersonal relationships and/or day to day functioning due to their gender identity or sexual interest, then Behavioral Health services should be identified with an LGBTQ affirming service provider experienced in this area of treatment to empower the youth to resolve the issues the youth is experiencing, which may include self-concept problems, difficulty reconciling personal identity, body image issues, etc.”
      https://public.powerdms.com/LADCFS/tree/documents/402707Guardianship/Home Development
    • Department of Children & Family Services – 6 Foster Care, 21 Guardianship Subsidy, 6-2140 Preparing for Guardianship Placement
      “Staff should also discuss the following information regarding the child with the prospective guardianship caretaker: ● Birth history; ● Previous placement history; ● Behavior; ● Medical history and current health; ● Child’s sexual orientation and gender identity expression; ● Special needs; and ● Child’s education.”
      https://public.powerdms.com/LADCFS/documents/405551
    • Department of Children & Family Services, 9 Home Development, 6 Post Certification Services for Certified Homes 9-167 Specialized Foster Family Homes
      “Specialized Family Foster Homes for Adolescents Foster parents certified to provide care in this category should possess the skills and abilities to accept and encourage independence while providing consistent, reasonable rules and discipline, adequate care, and emotional support for those adolescents who can benefit from a family group living experience. The foster parents should possess special skills and understanding of sexual abuse and sexually active behavior and the effect they have on the child. The foster parents should possess skills and comfort in helping adolescents deal with questions and issues of sexuality, * sexual orientation, and/or gender identity expression. **”
      https://public.powerdms.com/LADCFS/documents/404969
    • Department of Children & Family Services – 9 Home Development, 3 Recruitment, 9-305 Minimum Elements in a Recruitment Plan
      “A. Annual Needs Assessment
      Home Development staff shall schedule meetings with Foster Care Workers and Adoption Specialists to complete the annual needs assessment. Regional Administrators or designee shall put a system in place to assure that needs assessments which identify the number, location, race, sex, * sexual orientation/gender identity expression, ** and targeted needs of children requiring placements are occurring in a timely manner. Each region shall include in the recruitment plan a system for conducting a needs assessment to determine the demographics, needs, and placement requirements of the children in each parish of the region. The plan should include specific information related to the age, race, sex, * sexual orientation/gender identity expression, ** and any targeted needs of the children awaiting placement. This shall include the children who are currently in restrictive treatment facilities who will be in need of a less restrictive placement as well as the children entering care. The plan should document the projected number of foster/adoptive homes to be recruited in the coming fiscal year and those recruited in the preceding fiscal year, and a regional total of current homes”
      https://public.powerdms.com/LADCFS/documents/401588

    State Agency Website: https://www.dcfs.louisiana.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Montana has Department of Public Health and Human Services policy based protections against discrimination on account of sex and sexual orientation, for anyone seeking to access services.

    Montana has a child welfare-specific ombudsman and an office of the Citizens’ Advocate.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Montana Department of Public Health and Human Services
      Notice of Nondiscrimination
      “As a recipient of federal financial assistance and a State or local government agency, Department of Public Health & Human Services does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, national origin, age, physical or mental disability, marital status, religion, creed, sex, sexual orientation, political belief, genetic information, veteran status, culture, social origin or condition, or ancestry in admission or access to, or treatment, or employment in, its programs, activities, or services, whether carried out by DPHHS directly or through a contractor or any other entity with which DPHHS arranges to carry out its programs and activities. Likewise, DPHHS will not tolerate discrimination or harassment because of a person’s marriage to or association with individuals in one of the previously mentioned protected classes.”
      http://dphhs.mt.gov/NondiscriminationPolicy

    State Agency Website: http://dphhs.mt.gov/cfsd

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Hampshire Department of Health and Human Services has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. New Hampshire’s Foster Care Children’s Bill of Rights statute does not have explicit protections against discrimination but does requires youth be treated with “courtesy and respect… without regard to… sexual orientation and gender identity”

    New Hampshire has law banning conversion therapy. The state prohibits persons licensed to provide counseling services from engaging in “conversion therapy” with anyone under 18 years of age. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” N.H. Rev. Stat. Ann. §§ 332-L:1-L:3. See also H.B. 587 (2018).

    New Hampshire has a Department of Health and Human Services ombudsman and an Office of the Child Advocate.

    Statute:

    • N.H. Rev. Stat. Ann. § 170-G:21
      Services for Children, Youth and Families: Foster Care Children’s Bill of Rights.
      “A child who is placed in a foster home or other out-of-home placement pursuant to a juvenile court proceeding under RSA 169-B, RSA 169-C, or RSA 169-D shall have the right or privilege:
      V. To be treated with courtesy and respect by department staff, foster parents, residential staff, and providers without regard to race, ethnicity, sexual orientation, gender identity, religion, or disability and to participate in activities associated with his or her religious beliefs.”

    Regulation:

    • N.H. Code Admin. R. He-C 6450.23 App. B
      Foster Child Bill of Rights
      “Every child in Foster Care has the inherent right:
      Article the second ………. to be nurtured by foster parents who have been selected to meet his individual needs, and who are provided services and supports, including specialized education, so that they can grow in their ability to enable the child to meet his potentiality …
      Article the fifth ………. to grow up in freedom and dignity in a neighborhood of people who accept him with understanding, respect and friendship”

    Policy:

    • New Hampshire Department of Health and Human Services
      Non-Discrimination Policy
      “The New Hampshire Department of Health and Human Services, does not discriminate against people because of their age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief. There will be no discrimination in accepting or providing services, or the admission or access to, or treatment or employment in, any of the Department’s programs or activities.”
      https://www.dhhs.nh.gov/about-dhhs/office-ombudsman/dhhs-non-discrimination-policy

    State Agency Website: https://www.dhhs.nh.gov/dcyf/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Pennsylvania has statutory based protections against discrimination on account of gender for youth in the child welfare system. Pennsylvania has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system in the context of residential facilities.

    Pennsylvania does not have a child welfare-specific ombuds.

    Statute:

    • 11 Pa. Stat. Ann. § 2633
      Children in foster care
      “Children in foster care shall be provided with the following:
      (1) Treatment with fairness, dignity and respect.
      (2) Freedom from discrimination because of race, color, religion, disability, national origin, age or gender.
      (3) Freedom from harassment, corporal punishment, unreasonable restraint and physical, sexual, emotional and other abuse. . . .
      (12) An environment that maintains and reflects the child’s culture as may be reasonably accommodated.”

    Regulation:

    • 55 Pa. Code § 3800.32
      Child Residential and Day Treatment Facilities: Child Rights
      Specific rights.
      “(a) A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.”

    Policy: None known.

    State Agency Website: https://www.dhs.pa.gov/Services/Children/Pages/Child-Welfare-Services.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Wisconsin has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. The Wisconsin Department of Children and Families has policy based protections against discrimination on account of sex for anyone seeking to access services. Chapter 3 of the state’s Foster Parent Handbook contains a section on working with LGBTQ+ youth.

    Wisconsin does not have a child welfare-specific ombuds, the state has a civil rights complaint procedure within the Department of Children and Families.

    Statute: None known.

    Regulation:

    • Wis. Admin. Code DCF § 56.09
      Care of foster children.
      “(1) Principles for Nurturing Care. The foster parent shall provide nurturing care to each child placed in a foster home. Nurturing care is care that does all of the following: . . .
      (e) Does not discriminate against the child because of the child’s race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.”
    • Wis. Admin. Code DCF § 52.11
      Residential Care Centers for Children and Youth: Subchapter II – Administration
      Licensee Responsibilities
      “(24) Non-Discrimination. Ensure that the residential care center does not discriminate against a resident based on the resident’s race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.”
    • Wis. Admin. Code DCF § 54.04
      Child-Placing Agencies
      Social services.
      “(1) General Requirements.
      (a) The agency shall provide services to children who need and seek its care without discrimination on the basis of race or cultural identification, sex, sexual orientation, age, creed, ancestry, disability, political affiliations, religious beliefs, color, or national origin.”
    • Wis. Admin. Code DCF § 57.05
      Group Homes: Subchapter I – General Provisions
      Group home program and policies.
      “(1) Program Statement. Each group home shall have a written program statement that shall include all of the following: . . .
      (f) A non-discrimination statement that indicates that the group home does not discriminate against a resident because of race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.”

    Policy:

    • State of Wisconsin Foster Parent Handbook, Chapter 3, Caring for Children in Foster Care, pp. 65-66, Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth 
      https://dcf.wisconsin.gov/fostercare/handbook
      https://dcf.wisconsin.gov/files/publications/pdf/5000.pdf
    • Wisconsin Department of Health Services, Department of Children and Families
      Civil Rights Compliance Requirements
      “RECIPIENT HEREBY AGREES THAT IT WILL COMPLY WITH ALL APPLICABLE FEDERAL CIVIL RIGHTS LAWS:
      Federal civil rights laws prohibit discrimination of members, applicants, enrollees, and beneficiaries in any programs or activities that receive Federal financial assistance. Those laws include, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act of 2010, and their respective implementing regulations, and prohibit recipients and subrecipients of Federal financial assistance from discriminating on the basis of race, color, national origin, sex, age, disability, and, in some programs, religious creed or political affiliation or beliefs, in their programs or activities, and in retaliating or engaging in reprisals against individuals for opposing discrimination protected under these laws.” (pg. 30)
      “ “Recipient,” as used here, refers to those entities who receive Federal funds passed through from one or more State Agencies to administer a program or activity. This does not include the actual individual client or beneficiary of the program or activity.”
      https://dcf.wisconsin.gov/files/publications/pdf/153.pdf
    • Wisconsin Department of Children and Families
      About Civil Rights Compliance
      “The Department of Children and Families (DCF) must comply with Federal Civil Rights’ laws and regulations as a stipulation for receiving federal funds from the U.S. Department of Health and Human Services.”
      https://dcf.wisconsin.gov/civilrights

    State Agency Website: https://dcf.wisconsin.gov/

    Grievance Procedure:

    Ombudsman/Civil Rights Compliance:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Wyoming has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. Wyoming Department of Family Services has policy prohibiting discrimination on account of sex in USDA programs.

    Wyoming does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • WY Rules and Regulations 049.0029.3 § 23
      Certification of Providers of Substitute Care Services, General Requirements, Child and Family (Parent, Guardian) Rights.
      “All organizations shall develop and maintain a child’s rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following: . . .
      (b) Every child and family shall have equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, socio-economic status or gender[.]”
    • WY Rules and Regulations 049.0029.3 § 2
      Certification of Providers of Substitute Care Services, General Requirements, Responsibilities of the Organization.
      “(a) The organization shall develop policies and procedures that assure proper protection, care and treatment of children, as follows:
      (i) Ensure that no child, on the basis of race, creed, color or national origin, is excluded from participation in, is denied benefits of, or is subjected to discrimination in receipt of services by the organization[.]”

    Policy:

    • Wyoming Department of Family Services Non-Discrimination Statement
      “In accordance with Federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
      https://dfs.wyo.gov/non-discrimination-statement/

    State Agency Website: http://dfsweb.wyo.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sex (or Gender) Protections Only

  • Arkansas has statutory based protections against discrimination on account of gender for youth in the child welfare system. Arkansas has regulatory prohibitions against “derogatory comments” about the child’s gender for youth in the child welfare system.

    The state has a religious refusal law, under which “a rule shall be presumptively invalid” if a “a child welfare agency that articulates a sincerely held religious belief that is violated” and “provided that the health, safety, and welfare of children in the care of a child welfare agency are not endangered, nothing in this subchapter shall permit the board to promulgate or enforce any rule that has the effect of: (A) Interfering with the religious teaching or instruction offered by a child welfare agency; (B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license.” Ark. Code Ann. § 9-28-405 (d)(1).

    Arkansas does not have a child welfare specific ombuds, the state has a Medical Services ombudsman.

    Statute:

    • Ark. Code Ann. § 9-28-1003
      Safeguards for children in foster care
      “(b) A child in foster care in the State of Arkansas shall be entitled to the following:
      (20) To be cared for without regard to race, gender, religion, or disability.”

    Regulation:

    • Ark. Admin. Code 16.22.15-205
      Child Placing Agencies: Foster Care
      Behavior Management.
      “4. The following actions are prohibited: . . .
      d. Derogatory comments about the child, the child’s family, race, or gender[.]”
    • Ark. Admin. Code 016.15.3-3
      Responsibilities of the Foster Care Team
      “Children have certain inherent rights based on their special status as children and their inability to care for themselves.
      Responsibilities of foster parents to DCFS, the child, and the child’s family: …
      Provide the level of supervision, care, and treatment necessary to ensure the safety and well being of each child placed into their home, taking into account the child’s age, individual differences and abilities, surrounding circumstances, hazards, and risks.”

    Policy: None known.

    State Agency Website: http://humanservices.arkansas.gov/about-dhs/dcfs

    Grievance Procedure: None known.

    Ombudsman: 

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Guam has regulatory and policy based protections from discrimination on account of sex for youth in the child welfare system.

    Guam does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • 26 Guam Admin. R. & Regs. 1-§ 1117.1
      “(a) A child care facility shall not discriminate against any person on the grounds of race, color, national origin, age, sex, religion or disability in admission to, participation in, or receipt of the services and benefits of any of its programs and activities, or in employment.”
    • 26 Guam R. & Regs. 1-§ 1307
      “(c) The Agency shall accept all applications made by individual wishing to apply. An adoption questionnaire will also be completed by these individuals. Applications are valid from one year of date received and should be renewed annually. The Agency will send out reminders for renewal if at all possible. There shall be no discrimination against applicants because of ethnicity, sex, marital status, or lifestyle.”

    Policy:

    • Guam Division of Public Welfare
      USDA Nondiscrimination Statement
      “In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity.”
      https://dphss.guam.gov/division-of-public-welfare/

    State Agency Website: http://dphss.guam.gov/bureau-of-social-services-administration/

    Grievance Procedure

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Kansas has regulatory based protections against discrimination on account of sex for youth in residential treatment facilities and anyone seeking to access services from the Kansas Department of Social and Rehabilitation Services which has been renamed the Kansas Department of Children and Families. Kansas Department of Children and Families has policy based protections against discrimination on account of sex and gender for youth in the child welfare system.

    The state has a religious refusal law, which permits child placement agencies to refuse to “participate in any placement of a child for foster care or adoption when the proposed placement of such child would violate such agency’s sincerely held religious beliefs.” Kan. Stat. § 60-5322. See also S.B. 284 (2018).

    Kansas does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation:

    • Kansas Admin. Reg. 28-4-339
      “(b) Each secure residential treatment facility shall establish and implement written policies and procedures concerning the rights of the youth. These policies and procedures shall provide that youth are assured of their rights, except if it is necessary to maintain order and security in the secure residential treatment facility or if it is contrary to a youth’s approved treatment plan. These policies and procedures shall ensure the following: …
      (2) freedom from discrimination based on race, color, ancestry, religion, national origin, sex, or disability”
    • Kansas Admin. Reg. 30-2-1.
      Assistance provided without discrimination.
      “All assistance and services provided by the Kansas state department of social and rehabilitation services [Pursuant to Executive Reorganization Order (ERO) No. 41, the Department of Social and Rehabilitation Services was re­named the Kansas Department for Children and Families. See L. 2012, Ch. 185.] shall be provided without discrimination on grounds of race, religion, color, sex, age, handicap, national origin, or ancestry.”

    Policy:

    • Kansas Department for Children and Families
      Policy 0220, Discrimination Prohibited by Law 
      “All services shall be in compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and K.S.A. 44-1009. No individual/family will be denied services because of race, color, national origin, sex, age, religion and mental or physical disability. The provision of services will be provided based on need and eligibility criteria.
      Title VI of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of a person’s race, color, national origin, sex, age, and religion. . . .
      K.S.A. 44-1009(a)(3) states, ‘It shall be unlawful discriminatory practice for any person to refuse, deny, make a distinction, directly or indirectly, or discriminate in any way against persons because of the race, religion, color, sex, disability, national origin or ancestry of such persons in the full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the State of Kansas or any political subdivision or municipality thereof.’”
      http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Policy_and_Procedure_Manual.pdf
    • Kansas Department for Children and Families
      Notice of Agency Decision
      “No person shall, on grounds of race, color, national origin, age, handicap, religion, or gender, be excluded from participation in, be denied the benefits of, or subject to discrimination under any program or activity of the Department for Children and Families.” http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Section_10000_Forms/PPS10300.pdf
      [See Civil Rights paragraph at the end of the document]

    State Agency Website: http://www.dcf.ks.gov/Pages/default.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The Nebraska Department of Health and Human Services has policy based protections against discrimination on account of sex for anyone seeking to access services.

    Nebraska has an Office of the Inspector General of Nebraska Child Welfare and has an ombudsman, the Public Counsel, that handles complaints against goverment agencies.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Nebraska Department of Health and Human Services
      Notice of Nondiscrimination and Program Accessibility
      “DHHS complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, sex or disability in admission to its programs, services or activities; in access to them; in treatment of individuals with disabilities; in provision of benefits, in its hiring or employment practices; or in any aspect of their operations.”
      https://dhhs.ne.gov/Pages/Non-Discrimination-Notice.aspx

    State Agency Website: http://dhhs.ne.gov/Pages/Children-and-Family-Services.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The Texas Department of Family and Protective Services has policy based protections against discrimination on account of sex for youth in the child welfare system.

    Texas has a child welfare-specific religious refusal law, which codified that “a governmental entity or any person that contracts with this state or operates under governmental authority to refer or place children for child welfare services may not discriminate or take any adverse action against a child welfare services provider on the basis, wholly or partly, that the provider: (1) has declined or will decline to provide, facilitate, or refer a person for child welfare services that conflict with, or under circumstances that conflict with, the provider’s sincerely held religious beliefs[.]” Tex. Hum. Res. Code Ann. §§ 45.001-45.0010. See also H.B. 3859 (2017).

    Texas has a Foster Care Ombudsman.

    Statute:

    • Tex. Fam. Code Ann. Title 5, Subtitle E § 263.008
      Foster Children’s Bill of Rights
      “(b) It is the policy of this state that each child in foster care be informed of the child’s rights provided by state or federal law or policy that relate to:
      (1) abuse, neglect, exploitation, discrimination, and harassment; . . .
      (15) participation in the development of service and treatment plans”

    Regulation: None known.

    Policy:

    • Texas Department of Family and Protective Services
      Child Protective Services Handbook
      1240 General Eligibility Criteria for Child Protective Services
      “DFPS must not discriminate on the basis of race, color, national origin, sex, religion, or handicap in providing child protective services.”
      https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_1200.asp

    State Agency Website: https://www.dfps.state.tx.us/default.asp

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

No Explicit Child Welfare-Specific Protections

  • Alabama has no explicit statutory, regulatory, or policy based protections against discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the child welfare system. The Alabama Department of Human Resources has policy based protections against discrimination on account of sex for anyone seeking to access services.

    Alabama has a child welfare-specific religious refusal law which permits private child placing agencies to “decline to place a child for adoption or in a foster home that conflicts . . . with their sincerely held religious beliefs,” so long as the agency “receives no federal or state funds.” Ala. Code §§ 26-10d-1 to 26-10d-7. See H.B. 24 (2017).

    Alabama does not have a child welfare-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Alabama Department of Human Resources HHS Nondiscrimination Statement
      “The Alabama Department of Human Resources complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. The Alabama Department of Human Resources does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.”
      https://dhr.alabama.gov/nondiscrimination-statements/

    State Agency Website: http://www.dhr.alabama.gov/

    Grievance Procedure: 

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Alaska has no explicit statutory, regulatory, or policy based protections against discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the child welfare system.

    Alaska does not have a child welfare-specific ombuds, the Office of the Ombudsman responds to complaints against state government.

    Statute: None known.

    Regulation: None known.

    Policy: None known.

    State Agency Website: https://dfcs.alaska.gov/ocs/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    • Alaska Office of the Ombudsman
      1500 West Benson Boulevard
      Anchorage, Alaska 99503
      Phone: (907) 269-5290
      Fax: (907) 269-5291
      http://ombud.alaska.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Utah has regulatory based protections from discrimination on account of sex and sexual orientation for youth in the child welfare system. Utah Department of Health and Human Services: Division of Child and Family Services has policy based protections against discrimination on account of sexual orientation, gender, gender identity, and gender expression for youth in the child welfare system and a policy specific to upholding the rights of LGBTQ+ youth in care.

    Utah has law banning conversion therapy. The state statute requires “a health care professional who is acting in their professional capacity may not provide conversion therapy to a minor client.” Conversion therapy is defined as “a practice or treatment by which a health care professional intends to change a minor client’s sexual orientation or gender identity, or to impose a different sexual orientation or gender identity upon a minor client[.]” Utah Code §§ 58-1-501, 58-1-511. H.B. 228 (2023).

    Additionally, Utah has a child welfare-specific religious refusal law, for private child placing agencies. The state government cannot, “require a … child-placing agency to perform, assist, counsel, recommend, consent to, facilitate, or participate in child placing, with a qualified prospective adoptive parent, that is contrary to the child-placing agency’s religious teaching, practices, or sincerely held beliefs…” Utah Code § 63G-20-203.5 . See S.B. 154 (2023).

    Utah has an Office of Child Protection Ombudsman.

    Statute: None known.

    Regulation:

    • Utah Admin. Code R501-12-13
      Foster Child’s Rights in Foster Care.
      “(1) Foster parents shall not violate a foster child’s right to: . . .
      (f) be protected from discrimination”

    Policy:

    • Utah Department of Health and Human Services: Division of Child and Family Services
      [SECTION IS BEING REVISED]
      Out-of-Home Services, Practice Guidelines
      300.5, Safety for Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth
      https://public.powerdms.com/UTAHDHHS/documents/274994
    • Utah Department of Health and Human Services: Division of Child and Family Services
      300.9 Utah Foster Care Bill of Rights
      “Children and Youth in Foster Care Have the Right to… (1) Be treated with respect regardless of age, race, culture, gender, sexual orientation, gender expression, religious beliefs, family relations, or family history”
      https://public.powerdms.com/UTAHDHHS/documents/274994

    State Agency Website: https://dcfs.utah.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/