Northwest U.S. Sens. Ron Wyden of Oregon and Patty Murray of Washington joined 16 of their Democratic colleagues and independent Sen. Bernie Sanders of Vermont in writing to U.S. Health and Human Services Secretary Xavier Becerra in support of a rule designed to shield LGBTQ foster children from discrimination.
“This proposed rule is needed to protect children in the foster care system more than ever, and if finalized, will further support the primary goal of federal child welfare programs – to serve the best interests of all children,” the letter said. “As members of Congress we are committed to ensuring all children, including LGBTQIA+ children, thrive in safe and stable environments.”
The proposal outlines requirements for safe placement of LGBTQ children. It would prohibit retaliation based on sexual orientation or gender identity, require that caseworkers and supervisors are trained in the needs of LGBTQ children and mandate that they have a plan for the well-being of the child.
“These youth deserve placements that are safe, affirm who they are and have been cleared by well-trained caseworkers who understand their unique needs,” the letter said.
Federal data show that as of September 2021 nearly 400,000 children were in foster care across the country. They included nearly 5,300 children in Oregon in 2021, according to the Annie E. Casey Foundation. The numbers have gone down in recent years, with about 440,000 in foster care nationwide in 2017, including nearly 8,000 in Oregon.
In Oregon, administrative rules require that foster parents “respect, accept and support” the child’s sexual orientation and gender identity and expression, along with other factors such as race, ethnicity, cultural identities, national origin, immigration status, disabilities and spiritual beliefs. Parents are required to provide opportunities that enhance the child’s understanding and positive image tied to their identity.
The state rules only apply to children in the agency’s custody, not private adoptions.
Studies show that LGBTQ children are overrepresented in child welfare systems, accounting for about one-third of foster children. Abut 5% of foster children are transgender. Those could be an undercount, federal officials say. Many are afraid to reveal their sexual orientation out of fear of harassment and abuse.
Experts say a high percentage of LGBTQ youth experience verbal harassment and physical violence because of their sexual orientation or gender identity while in foster care. They also face an increased risk of social exclusion, family violence, substance abuse and mental health problems, including depression, anxiety, self-injury, unstable housing and suicidality, the letter said.
They can be subjected to multiple placements, compounding the trauma of leaving their families and increasing the chance of becoming homeless. One study showed that nearly 80% of foster youth ran away from their foster home because of hostility over their sexual or gender identity. Another found that nearly 40% of LGBTQ foster youth reported poor treatment, the letter said.
The proposal was posted for public comment in the federal register in late September, and Health and Human Services accepted comments through Nov. 27. Not all were in favor. For example, the Ethics and Religious Liberty Commission of the Southern Baptist Convention said the rules would prohibit placing foster kids through organizations that only support traditional sexual and gender orientations.
“By needlessly limiting the pool of eligible foster care providers, it is clear that children who identify as LGBTQ, comprising approximately 30% of the foster care population, will be restricted from the care they desperately need, if such care that is provided by faith-based providers is eliminated or blocked as an option A decision on the rule is now up to the agency,” its letter stated.
A decision is not up to Health and Human Services.
Reporter Ben Botkin contributed to this story.
By Lynne Terry of Oregon Capital Chronicle
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