This week, the Children’s Bureau issued a memo informing state and tribal title IV-B/IV-E agencies that the Designated Placements Final Rule is vacated in its entirety. The National Foster Youth Institute is deeply concerned that there is no longer a federal commitment to a policy intended to help ensure that LGBTQ+ children in foster care are placed in safe, affirming homes with caregivers trained and committed to supporting their identities and wellbeing.
This decision removes an important federal safeguard at a time when so many young people in and from foster care identify as LGBTQ+. Studies show that LGBTQ+ youth are overrepresented in the child welfare system and often face higher rates of placement instability, homelessness, and discrimination. The Designated Placements rule was created to address these realities by clarifying what affirming, culturally responsive care should look like. The rule protected children by giving states and tribes a clear pathway to strengthen safeguards for some of the system’s most vulnerable youth.
While the rule is no longer in effect, our shared responsibility to protect LGBTQ+ foster youth remains. We urge states, tribes, and local child welfare agencies to move forward with (or continue) policies and practices that prioritize safety, affirmation, and stability for LGBTQ+ children. Every young person deserves a placement where they are supported, respected, and free to be themselves.
NFYI will continue working with young people, policymakers, and community partners to elevate the experiences of LGBTQ+ foster youth and strengthen systems so that all children can thrive. The future of child welfare depends on our collective commitment to creating environments where every child feels valued, affirmed, and safe.
“Vacating this rule does not change what young people in foster care deserve: safe, stable, and affirming homes. LGBTQ+ youth are overrepresented in our child welfare system, and too many have experienced rejection or discrimination simply for being who they are. We urge states and tribes to continue moving forward with practices that center safety and affirmation, even without a federal mandate. Every child deserves a placement where they are welcomed, supported, and able to thrive.”
— Rebecca Louve Yao, Chief Executive Officer, National Foster Youth Institute
“This decision leaves LGBTQ+ foster youth across the nation with fewer protections and even more uncertainty. Without clear, consistent guidance at the national level, the safety and affirmation these young people deserve becomes less guaranteed. As a former foster youth with siblings and friends in care, I witnessed the indignities and dangers my LGBTQ+ peers faced. I hope our communities continue to stand with LGBTQ+ foster youth, because their dignity and well-being should never depend on a regulation or government mandate.
– Indya Nelson, Foster Youth Activist, Michigan
LGBTQIA2S+ in Foster Care Fact Sheet_NFYI 2025
