United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2024_register executive 2024-04-30 article Part VIII Rules and Regulations D09002ee1c68e0792 D09002ee1c68e088d United States Department of Health and Human Services originator org United States Government Agency or Subagency United States Administration for Children and Families originator org United States Government Agency or Subagency This rule finalizes requirements under titles IV-E and IV-B for children in foster care who are LGBTQI+ (an umbrella term used in this regulation). The proposed rule was published on September 28, 2023. Federal law requires that state and tribal title IV-E and IV-B agencies ("agencies") ensure that each child in foster care receives "safe and proper" care and has a case plan that addresses the specific needs of the child while in foster care to support their health and wellbeing. To meet these and other related statutory requirements, this final rule requires agencies to ensure that placements for all children are free from harassment, mistreatment, and abuse. The final rule requires that title IV-E and IV-B agencies ensure a Designated Placement is available for all children who identify as LGBTQI+ and specifies the Designated Placement requirements. 89 FR 34818 https://www.govinfo.gov/app/details/FR-2024-04-30/2024-08982 2024-08982 fr30ap24-21 RIN 0970-AD03 P https://www.govinfo.gov/app/details/FR-2024-04-30/2024-08982 https://www.govinfo.gov/content/pkg/FR-2024-04-30/html/2024-08982.htm https://www.govinfo.gov/content/pkg/FR-2024-04-30/pdf/2024-08982.pdf Adoption and Foster Care Child Welfare Grant Programs-Social Programs 44 p. 34818 34861 89 FR 34818 Title 45 Part 1355 45 CFR Part 1355 RIN 0970-AD03 Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Federal Register Vol. 89, Issue RULE 2024-08982 VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 2024-07-01 P 2024-08982 Final rule.

This rule finalizes requirements under titles IV-E and IV-B for children in foster care who are LGBTQI+ (an umbrella term used in this regulation). The proposed rule was published on September 28, 2023. Federal law requires that state and tribal title IV-E and IV-B agencies ("agencies") ensure that each child in foster care receives "safe and proper" care and has a case plan that addresses the specific needs of the child while in foster care to support their health and wellbeing. To meet these and other related statutory requirements, this final rule requires agencies to ensure that placements for all children are free from harassment, mistreatment, and abuse. The final rule requires that title IV-E and IV-B agencies ensure a Designated Placement is available for all children who identify as LGBTQI+ and specifies the Designated Placement requirements.

This final rule is effective on July 1, 2024. Title IV-E and IV- B agencies must implement the provisions of this final rule on or before October 1, 2026. Rebecca Jones Gaston, Administration on Children, Youth, and Families, (202) 205-8618, cbcomments@acf.hhs.gov. Adoption and Foster Care Child Welfare Grant Programs-Social Programs Designated Placement Requirements for LGBTQI plus Children, cbcomments@acf.hhs.gov https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2009.190009 https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1679&context=jgspl https://doi.org/10.1016/j.childyouth.2015.08.016 https://doi.org/10.1080/15548732.2016.1221368 https://doi.org/10.1542/peds.2017-4211 https://lgbtqfamilyacceptance.org/wp-content/uploads/2021/11/FAP-Overview_Helping-Diverse-Families6.pdf https://publications.aap.org/pediatrics/article-abstract/123/1/346/71912/Family-Rejection-as-a-Predictor-of-Negative-Health?redirectedFrom=fulltext https://qiclgbtq2s.org/wp-content/uploads/sites/6/2018/05/LGBTQ2S-Lit-Review_-5-14-18.pdf https://store.samhsa.gov/product/moving-beyond-change-efforts-evidence-and-action-support-and-affirm-lgbtqi-youth/pep22-03-12-001 https://store.samhsa.gov/sites/default/files/pep22-03-12-001.pdf https://theinstitute.umaryland.edu/media/ssw/institute/Cuyahoga-Youth-Count.6.8.1.pdf https://williamsinstitute.law.ucla.edu/wp-content/uploads/SGM-Youth-in-Foster-Care-Aug-2014.pdf https://www.acf.hhs.gov/cb/policy-guidance/im-22-01 https://www.acf.hhs.gov/cb/report/tribal-consultation-nprms-legal-foster-care https://www.apa.org/about/policy/resolution-gender-identity-change-efforts.pdf https://www.apa.org/about/policy/resolution-sexual-orientation-change-efforts.pdf https://www.childwelfare.gov/pubs/f-kinshi/ https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/LGBTyouth/ https://www.congress.gov/117/meeting/house/112622/witnesses/HHRG-117-WM03-Wstate-Charles-GalloW-20210512.pdf https://www.federalregister.gov/documents/2023/09/28/2023-21081/separate-licensing-or-approval-standards-for-relative-or-kinship-foster-family-homes#:∼:text=In%20addition%2C%20the%20final%20rule,related%2Fnon%2Dkinship%20foster%20family https://www.grandfamilies.org/Portals/0/Documents/General%20Kinship%20Publications/ABA%20CLP%20full%20kinship%20edition%20-%20julyaug2017.pdf https://www.hhs.gov/civil-rights/for-individuals/special-topics/shared-ancestry-or-ethnic-characteristics-discrimination/index.html https://www.jstor.org/stable/48628034 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5127283/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7306404/ https://www.proquest.com/docview/2056448464 https://www.proquest.com/docview/2056448464.https://www.proquest.com/docview/2056448464 https://www.proquest.com/scholarly-journals/because-were-fighting-be-ourselves-voices-former/docview/2056448509/se-2 https://www.regulations.gov/docket/ACF-2023-0007/comments https://www.samhsa.gov/behavioral-health-equity/lgbtqi/faqs https://www.tandfonline.com/doi/full/10.1080/19361653.2016.1264909 https://www.thetrevorproject.org/survey-2022/assets/static/trevor01_2022survey_final.pdf https://www.thetrevorproject.org/wp-content/uploads/2022/02/Trevor-Project-Homelessness-Report.pdf regulations.gov Vol. 89, no. 84 Office of the Federal Register, National Archives and Records Administration 2024-04-30 continuing daily deposited born digital 879 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2024-04-30 P0b002ee1c68d9aaf 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr30ap24 https://www.govinfo.gov/app/details/FR-2024-04-30 https://www.govinfo.gov/content/pkg/FR-2024-04-30/pdf/FR-2024-04-30.pdf https://www.govinfo.gov/content/pkg/FR-2024-04-30/xml/FR-2024-04-30.xml fdlp 34071 34943 DGPO 2024-04-30 2024-04-30 FR-2024-04-30 machine generated eng FR FR-2024-04-30 89 84