PEOPLE: RFK Jr. Axes Biden-Era Rule to Place LGBTQ+ Children in Foster Care with Supportive Families
The Robert F. Kennedy Jr.-led Department of Health and Human Services (HHS) has officially revoked Biden-era federal protections for LGBTQ+ children in foster care.
The regulations ended by the Trump administration on Tuesday, July 14, were put in place to ensure kids were placed in homes with supportive families and protected from abuse.
The rules were challenged in 2024 by Texas Attorney General Ken Paxton, now the Republican nominee for a Senate seat in November, and the Trump administration joined the effort after President Donald Trump returned to the White House in January 2025.
A Texas federal court ruled last year that the regulations were invalid because the Biden-era HHS lacked the authority to implement them.
When reached for comment by PEOPLE about the rule’s removal, an HHS spokesperson said, “The Trump Administration is delivering real results for children in foster care instead of defending unlawful policies, which is why we removed the Biden administration’s rule after it was invalidated by a federal court.”
“HHS remains committed to advancing policies that improve outcomes for foster youth, including bringing all 50 states into the Administration’s A Home for Every Child Initiative,” the statement continued.
Adrian Shanker, who served in the Biden administration’s HHS as a deputy assistant secretary for health policy, called the decision “one more tragic anti-LGBTQI+ action that this administration has taken to harm those in our community who are most vulnerable” in an interview with The Advocate on Tuesday.
“In the Biden administration, we at HHS were very proud to finalize a rule that provided groundbreaking support for LGBTQI+ youth in the foster care system,” Shanker said. “LGBTQI+ youth in the foster care system are unquestionably some of the most vulnerable parts of our community and one of the parts of the community that really needs our help the most.”
A 2019 study from researchers at the University of Texas at Austin and UCLA found that LGBTQ+ youth are more likely to live in foster care than the general population. The Trevor Project, a suicide prevention and crisis intervention nonprofit for LGBTQ+ young people, found in a 2020 report that LGBTQ+ youth who had spent time in the foster care system were far more likely to attempt suicide than those who did not.
The Trevor Project helped develop an LGBTQ+ option for the 988 crisis intervention lifeline that was shut down by the Trump administration last year with a month’s notice. The administration now says it will restart the service this year, but it may bar the nonprofit from being involved, The Associated Press reported in June.
The Trump administration has also banned transgender Americans from serving in the military and attempted to bar hospitals from providing gender-affirming care.
The president himself frequently rails against transgender people in his public remarks and executive orders, spreading falsehoods and using bigoted language.
And in February, the administration removed hundreds of questions regarding LGBTQ identities from federal surveys that help inform policies and funding decisions.
The Congressional Equality Caucus, which includes the vast majority of House Democrats and no House Republicans, slammed the decision by Kennedy and the Trump administration in a statement on Tuesday.
“Every child in foster care—including LGBTQI+ children—deserves a safe home, which is exactly what the Biden Administration sought to accomplish with this rule,” said California Rep. Mark Takano, the caucus chair. “Rescinding this rule without putting forward an alternative to protect LGBTQI+ foster children puts children at risk, plain and simple.”
Minnesota Rep. Angie Craig, the caucus co-chair, called the decision a “disgraceful attack on LGBTQ+ foster youth and on families across the country.”
“The ‘party of family values’ strikes again and their relentless attacks on LGBTQ+ youth continue,” Craig said in the statement.
The Trump administration’s decision comes as first lady Melania Trump has made supporting children in foster care one of her main priorities during her husband’s second term.
“If I could spare one heart from breaking, would you rise with me?” Melania said at a May 20 luncheon for senators’ spouses, according to a copy of her remarks shared by the White House. “Somewhere on the edge of your town, within your very own community, a young child is praying for help. We have all heard these heartbreaking stories.”
“All of America’s children should be experiencing only love, respect, and protection in a warm, comfortable, and safe home,” the first lady added.
On June 30, following a decision by the Supreme Court to allow bans on trans athletes from women’s sports, the first lady claimed to “fully support the LGBTQIA+ community.” PEOPLE reached out to her office on Thursday for comment on whether she agrees with HHS’ decision.
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