Tennessee’s attorney general is leading 16 other states in opposing a federal proposal that would require LGBTQ foster kids be placed with families or facilities that are supportive of their identities.
The U.S. Department of Health and Human Services (HHS) cites a growing body of research that finds LGBTQ foster kids are more likely to face abuse and harassment in the foster care system than their peers. One study found that queer youth are more likely to experience at least 10 separate foster care placements.
Tennessee Attorney General Jonathan Skrmetti argued that the rule illegally expands the HHS’ authority into family law, and that it would penalize foster-care providers for “declining to violate their own conscience or religion.”
In a letter to an HHS administrator, Skrmetti wrote that the rule would “hinder rather than help States’ ability to ensure appropriate foster placements for all vulnerable youth by driving dedicated foster providers out of the system.”
The attorney generals for several states — mostly in the south — also signed onto the complaint.
The Children and Families Administration argued that the rule is necessary, because LGBTQ youth are over-represented in the foster care system, and are less likely to get the support they need.
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