RFHI's Statement on the Trump Admin's Rollback of LGBTQ+ Foster Youth Protections

July 16, 2026

For immediate release:

On July 14, the Trump administration rescinded a rule that guaranteed open affirming foster homes for LGBTQ+ foster youth. Adopted in 2023 under the Biden administration, the rule sought to ensure that LGBTQ+ foster youth were placed in homes with foster parents “who were trained to meet their specific needs related to their sexual orientation and gender identity and who would facilitate access to age-appropriate services to support their health and wellbeing.”

The Trump administration justified its policy decision by citing State of Texas v. United States Department of Health & Human Services, a court case filed by the Texas Attorney General that stopped the rule from taking effect in June 2025: “Those requirements were never implemented as a result of the decision from the U.S. District Court for the Eastern District of Texas that vacated the 2024 final rule in its entirety. To ensure clarity for the public and regulated entities, ACF is removing the provisions from the Code of Federal Regulations (CFR).”

The court’s decision to vacate this rule, and the Trump administration’s part in finalizing its blow, will only worsen the health and wellbeing of LGBTQ+ foster youth, who make up almost a third of the population of youth in state care. This population already faces higher rates of placement instability, mental health challenges, substance abuse, and homelessness than straight, cisgender foster youth. 

During a time when LGBTQ+ visibility in the United States is being relentlessly eroded and criminalized, the Rainbow Foster Home Initiative condemns the Trump administration’s perpetuation of the very cruelty that leads to the death of so many LGBTQ+ youth.