The Biden administration announced a new rule to protect LGBTQ+ youth in foster care, creating a system of designated placements for LGBTQ+ children as well as taking steps to address harassment and abuse against LGBTQ+ foster kids no matter where they’re placed. 

To become a designated placement for LGBTQ+ youth, a care provider would have to receive training on the needs of LGBTQ+ youth, help the children get access to age-appropriate resources for their health, and “commit to establishing an environment that supports the child’s LGBTQI+ status or identity,” according to a Department of Health and Human Services (HHS) release. 

“Every child deserves a safe and loving home,” said HHS Secretary Xavier Becerra. “When any child comes into government care, they should have supports and services that meet their specific needs. By addressing the needs of LGBTQI+ children, this rule brings us one step closer to ensuring that all children have the opportunity to thrive.”

The rule doesn’t require any placement agency or caregiver to become a designated placement for LGBTQ+ youth. Instead, it requires all state and tribal governments to offer designated placement status for caregivers and to make sure that there are enough to handle LGBTQ+ children in their foster care systems who request such a placement. 

The rule also includes language protecting foster agencies and caregivers who don’t want to get designated placement status, saying that nothing in the rule should be interpreted as authorizing a state or tribal government to penalize someone who doesn’t seek such designation. It also has language about “religious freedom.”

HHS said that LGBTQ+ kids are overrepresented in the foster care system, and those who are in the system face more bullying and harassment than cisgender/heterosexual kids do, leading to higher rates of mental health hospitalizations and homelessness.

The rule was proposed last year by the HHS Administration for Children and Families.