The Biden administration has released three new foster care regulations, including one designed to expand protections for LGBT youth.
All three rules are through the Department of Health and Human Services and are designed to "advance equity in the child welfare system and have a profound impact on the safety and wellbeing of families across the country," according to a release from the White House.
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“I consider this to be game-changing,” HHS Secretary Xavier Becerra said on a Wednesday afternoon call with reporters. “This is going to change the complexion of how we view foster care treatment for our foster kids, but more importantly, how we look at the people who we rely on to care for foster kids."
More than 391,000 children live in foster care arrangements in the United States, and the announcement of the rules coincides with National Kinship Month.
The three new regulations are:
Support kinship caregivers. HHS has issued a final rule designed to simplify the process for relatives who are not biological parents of children in their care to access resources and financial assistance, and to become formal foster care providers. Most often, this is a grandparent, though other family members such as aunts and uncles could also qualify.
Protect LGBT youth in foster care from abuse. HHS has proposed a rule requiring that every state's child welfare agency ensure that LGBT children are placed in homes that will protect them from mistreatment related to their sexual orientation or gender identity. Caregivers will be required to have special training to meet their needs, and LGBT children will have access to services.
The announcement is not clear on what the training will entail and exactly what services will be provided. States will have some leeway to make those decisions, according to a White House official.
"We know [LGBT children] are over-represented in foster care, we often see that they face the worst outcomes, including poor mental health and higher rates of homelessness discrimination just because of who they are," Becerra said. "This proposal would require that child welfare agencies ensure that each child in their care who identifies LGBTQ receives a safe and appropriate placement and services."
An administration official said one new protection would be banning foster parents who would seek conversion therapy for LGBT children placed in their care. As far as what types of services would be provided, officials named access to a support group for LGBT children as an example.
Expand access to legal services. The third rule would give federal funds to child welfare agencies that will be used to provide attorneys for families seeking stability in a potential foster care situation. For example, if a parent sought a restraining order from an abusive spouse in order to keep a child safe, the rule could help get a lawyer.
The rule would also allow Native American tribes to be reimbursed for the legal costs of intervening in a state foster care court proceeding over the parental rights of a Native American child, according to the White House.
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While the kinship caregiver rule is final, the LGBT and legal services regulations are in the proposal state, meaning they will be subject to a 60-day notice and comment period before going into effect and could be changed depending on feedback.
"This is the beginning," Becerra said. "And it may have taken a generation, but we're making it happen."