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The information in the chart below is a summary of explicit state-based statutory-, regulatory- and policy-based protections, where they exist, against discrimination on account of sexual orientation, gender identity and gender expression (“SOGIE”) in the nation’s child welfare system. In jurisdictions without explicit SOGIE protections, the authors have highlighted where youth are explicitly protected from discrimination on account of sex or gender as courts continue to clarify that that sex- or gender-based discrimination includes discrimination on account of gender identity or gender stereotyping. States marked with an asterisk (*) have a policy specific to upholding the rights of lesbian, gay, bisexual, transgender, questioning and gender-nonconforming (“LGBTQ+”) youth in care, which includes information regarding practice guidelines in addition to a SOGIE-inclusive nondiscrimination clause.
In addition to explicit nondiscrimination protections found in child welfare-specific statute, regulation or policy, youth in state custody have constitutional rights to due process and equal protection. In some states, counties and cities, state or local public accommodation or human rights laws or ordinances may offer protections to the extent that those measures apply to all or part of the child welfare system. Some child welfare systems are county-based, and due to the large volume of counties in the United States, we have not included nondiscrimination policies at the county level.
Where available, we provide information regarding rights of children in foster care even if they are not SOGIE-inclusive. We also list grievance procedures and ombudsman offices. If LGBTQ+ youth in care are being mistreated or experiencing discrimination, administrative complaints may serve as a mechanism for addressing harmful treatment, among other advocacy options.
The authors have attempted to gather all available information, but this is likely not an exhaustive list. Please contact Amy Cook, acook@lambdalegal.org, if you notice an error or find that we missed a relevant statute, law or agency policy in your jurisdiction.
Alabama has no explicit statutory, regulatory, or policy based protections against discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the child welfare system. The Alabama Department of Human Resources has policy based protections against discrimination on account of sex for anyone seeking to access services.
The state has a religious refusal law, which permits private child placing agencies to “refuse to place a child for adoption or in a foster home that conflicts . . . with their sincerely held religious beliefs,” so long as the agency “receives no federal or state funds.” Ala. Code § 26-10D.
None known.
None known.
None known.
Alaska has no explicit statutory, regulatory, or policy based protections against discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the child welfare system.
Alaska has an Office of the Ombudsman for complaints against state government, but it is not specific to child welfare.
Arizona Department of Child Safety (DCS) has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The agency also has an LGBTQ+ specific policy that includes guidelines on a variety of subjects including, confidentiality, placement, inclusive language, and extracurricular/social activities.
Arizona DCS has an Office of the Ombudsman and the state has a government ombudsman that handles issues across state government, and is not child welfare-specific.
Ariz. Rev. Stat. Ann. § 8-529
Children in foster care; rights
“A child in foster care has the following rights . . . [t]o live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.”
Arkansas has statutory based protections against discrimination on account of gender for youth in the child welfare system. Arkansas has regulatory prohibitions against “derogatory comments” about the child’s gender for youth in the child welfare system.
The state has a religious refusal law, under which "a rule shall be presumptively invalid" if a "a child welfare agency that articulates a sincerely held religious belief that is violated" and "provided that the health, safety, and welfare of children in the care of a child welfare agency are not endangered, nothing in this subchapter shall permit the board to promulgate or enforce any rule that has the effect of: (A) Interfering with the religious teaching or instruction offered by a child welfare agency; (B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license." Ark. Code Ann. § 9-28-405 (d)(1).
Arkansas has a Medical Services ombudsman and is not child welfare-specific.
Ark. Code Ann. § 9-28-1003
Safeguards for children in foster care
“(b) A child in foster care in the State of Arkansas shall be entitled to the following:
. . .
(20) To be cared for without regard to race, gender, religion, or disability.”
Ark. Admin. Code 16.22.15-205
Child Placing Agencies: Foster Care
Behavior Management.
“4. The following actions are prohibited: . . .
d. Derogatory comments about the child, the child’s family, race, or gender[.]”
Ark. Admin. Code 016.15.3-3
Responsibilities of the Foster Care Team
“Children have certain inherent rights based on their special status as children and their inability to care for themselves.
. . .
Responsibilities of foster parents to DCFS, the child, and the child’s family: ...
Provide the level of supervision, care, and treatment necessary to ensure the safety and well being of each child placed into their home, taking into account the child's age, individual differences and abilities, surrounding circumstances, hazards, and risks.”
None known.
California has statutory, regulatory, and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. In addition, California law requires that transgender youth in out-of-home care be placed in accordance with their gender identity and have access to gender affirming healthcare.
The state prohibits the practice of “sexual orientation change efforts” on patients under 18 years of age. The law defines such efforts as “any practices by mental health providers that seek to change an individual’s sexual orientation,” inclusive of “behaviors or gender expressions.” Cal. Bus. & Prof. Code §§ 865-865.2.
The state requires that, "children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records." Cal. Welf. & Inst. Code § 16006The state also provides “that the right of minors and nonminors in foster care to health care and mental health care includes covered gender affirming health care and gender affirming mental health care[.]” A.B. 2119 (Ca. 2018).
California has a foster care ombudsman.
Cal. Welf. & Inst. Code 16001.9
Rights of minors and non-minors in foster care.
“The rights are as follows:
. . .
(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the child's age, maturity, developmental level, sexual orientation, and gender identity and expression.
(17) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the child's preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
(22)(A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
(37) To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the child's gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the child's Indian tribe and Indian community."
Cal. Welf. & Inst. Code § 16006
Placement according to gender identity
“Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.”
Nondiscrimination
Cal. Code Regs. tit. 22, § 83072
Small Family Homes: Personal Rights
“(c) At admission, each child, and his/her authorized representative, shall be personally advised of and given a copy of the child’s rights as specified... below: ..
(d) The licensee shall ensure that each child, regardless of whether the child is in foster care, is accorded the personal rights specified in Welfare and Institutions Code section 16001.9, as applicable."
Cal. Code Regs. tit. 22, § 84072
Group Homes: Personal Rights
“(c) At admission, each child, and his/her authorized representative, shall be personally advised of and given a copy of the child’s rights as specified... below:
. . .
(d) The licensee shall ensure that each child, regardless of whether the child is in foster care, is accorded the personal rights specified in Welfare and Institutions Code section 16001.9, as applicable."
Cal. Code Regs. tit. 22, § 88022
Foster Family Agencies: Plan of Operation.
“[T]he plan of operation must contain the following:
. . .
(5) A written description of the foster family agency training plan including:
. . .
(D) Initial and ongoing training of foster family agency staff in the child's right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.”
California Department of Health and Social Services, All County Information Notice I-81-10, Serving Lesbian, Gay Bisexual, Transgender And Questioning (LGBTQ) Youth, LGBTQ Caregivers And LGBTQ Prospective Foster And Adoptive Parents (Oct. 10, 2010)
"All foster children and all adults engaged in the provision of care and services to
foster children have a right not to be subjected to discrimination or harassment on the
basis of actual or perceived sexual orientation or gender identity"
http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acin/2010/I-81_10.pdf
California Foster Care Ombudsman
Foster Youth Have Rights!
“If you feel you are being harassed or discriminated against because of your sex, race, color, religion, sexual orientation, ethnic group, ancestry, national origin, gender identity, mental or physical disability or HIV status, or for any other reason, you should call the Foster Care Ombudsman Help-line for assistance.”
https://www.cdss.ca.gov/cdssweb/entres/forms/English/pub396.pdf
Colorado has statutory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Colorado has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system.
Colorado Civil Rights Commission regulation prohibit discriminatory or unfair practices in housing and specifically “allow individuals the use of gender-segregated facilities that are consistent with their gender identity.” These protections may extend to youth placed in out-of-home care.
Colorado has a child welfare-specific Ombudsman’s office.
Colo. Rev. Stat. Ann. 19-7-101
Protections for Youth in Foster Care: Legislative declaration
“[Y]outh in foster care . . . should enjoy the following:
. . .
(t) Having fair and equal access to available services, placement, care, treatment, and benefits based on each youth's treatment plan and not being subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group, national origin, religion, sex, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status”
12 Colo. Code Regs. § 2509-7:7.604
Anti-Discrimination
“A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, sexual orientation, veterans status, or disability.”
12 Colo. Code Regs. § 2509-8:7.708.3
7.708.33 Foster Children’s Rights
“Every foster child has the right to:
1. Enjoy freedom of thought, conscience, cultural and ethnic practice, and religion.
2. A reasonable degree of privacy.
3. Have his or her opinions heard and considered, to the greatest extent possible, when any decisions are being made affecting his/her life.”
12 Colo. Code Regs. § 2509-8:7.714.31
Quality Standards for 24-Hour Child Care: Children’s Rights
“A. The facility shall have written policies and procedures that address and ensure the availability of each of the following core rights for children in residence. These rights may not be restricted or denied by the facility.
. . .
13. Every child has the right to the same consideration for care and treatment as anyone else regardless of race, color, national origin, religion, age, sex, political affiliation, sexual orientation, financial status or disability.”
3 Colo. Code Regs. § 708-1:81.8
Dress & Grooming Standards.
“Covered entities may prescribe standards of dress or grooming that serve a reasonable business or institutional purpose, provided that they shall not require an individual to dress or groom in a manner inconsistent with the individual’s gender identity.”
3 Colo. Code Regs. § 708-1:81.9
Gender-Segregated Facilities.
“(A) Nothing in the Act prohibits segregation of facilities on the basis of gender.
(B) All covered entities shall allow individuals the use of gender-segregated facilities that are consistent with their gender identity. Gender-segregated facilities include, but are not limited to, restrooms, locker rooms, dressing rooms, and dormitories.
(C) In gender-segregated facilities where undressing in the presence of others occurs, covered entities shall make reasonable accommodations to allow access consistent with an individual’s gender identity.”
https://www.colorado.gov/pacific/cdhs/children-families
Connecticut Department of Children & Families has policy based protections against discrimination on account of sexual orientation, gender identity, or gender expression. The Department has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in care and has a best practice guide for working with transgender youth and caregivers.
The state bars health care providers from administering “conversion therapy” to any person under 18 years of age. The law defines conversion therapy as any practice that “seeks to change the person’s sexual orientation or gender identity.” It characterizes conversion therapy as “an unfair or deceptive trade practice” and bars the expenditure of public funds for its purpose. Conn. Gen. Stat. Ann. §§ 19a-907-907c.
The state Department of Children and Families has an ombudsman and Connecticut has an Office of the Child Advocate.
Connecticut Department of Children & Families, Policy 21-16
Non-Discrimination of LGBTQQIAA Individuals
"The Department has an obligation to ensure fair, equal, and non-discriminatory treatment of all individuals who identify themselves as Lesbian, Gay, Bisexual, Transgender, Questioning, Queer, Intersex, Asexual and Ally (LGBTQQIAA), in accordance with state laws governing non-discrimination...
The Department shall not delay or deny mentoring services, or the placement of a child
for adoption or into foster care, or discriminate against any person, including:
children, youth and adolescents under its care; biological, foster or adoptive parent(s); mentor(s) and tutor(s); and applicant(s) wishing to become a foster or adoptive parent(s) or mentor(s), who can meet all children’s needs
on the basis of: gender identity and/or expression; marital/partner or cohabitation status; and actual or perceived inherent sexuality."
https://portal.ct.gov/-/media/DCF/Policy/Chapters/21-16.pdf
Connecticut Department of Children & Families,
Working with Transgender Youth and Caregivers Practice Guide
https://portal.ct.gov/-/media/DCF/Policy/BPGuides/21-16PG-Transgender.pdf
Delaware has regulatory and policy based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the child welfare system.
Delaware has an Office of the Child Advocate.
The state considers it “unprofessional conduct or a ground for discipline” for any licensed nurse, mental health or chemical dependency professional, psychologist, or clinical social worker to engage in “conversion therapy” with a child. The bill defines conversion therapy as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity.” S.B. 65, 149th Leg. (Del. 2018).
Del. Code Ann. tit. 13, § 2522
Rights of children in DSCYF custody
“(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
. . .
(5) To receive appropriate placement services.
. . .
(8) To participate in the formation and maintenance of their foster care service, transitional and independent living and transition plans, where applicable.”
The District of Columbia has regulatory based protections against discrimination on account of gender, sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The District of Columbia has statutory protections that incorporate these regulatory based protections against discrimination on account of gender, sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system. The D.C. Child and Family Services Agency policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and a nondiscrimination policy specific to upholding the rights of transgender youth in the child welfare system.
The District prohibits providers from engaging in “sexual orientation change efforts” on minors. The law does not define sexual orientation change efforts. D.C. Code Ann. § 7-1231.14a.
The District of Columbia has a child welfare-specific Ombudsman’s office.
D.C. Code Ann. § 4-1303.72
Statements of Rights and Responsibilities for Youth in Foster Care.
“[A] Statement of Rights and Responsibilities for youth in foster homes, group homes, and independent living programs [will]
(1) Incorporate existing rights for youth in foster care provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents.”
Nondiscrimination
D.C. Mun. Regs. tit. 29, § 6004
Rights and Responsibilities of Foster Children Living in Foster Homes
“6004.1 The following principles and rights are to govern the care and treatment of foster children.
Each child is: . . .
(g) Not to be subjected to discrimination as provided in the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et. seq.) [The relevant law reads: ‘It is the intent of the Council of the District of Columbia, in enacting this chapter, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, sealed eviction record status as a victim of an intrafamily offense, place of residence or business, and status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking.']”
D.C. Mun. Regs. tit. 29, § 6203
Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes
Statement of Resident's Rights and Responsibilities
“6203.1 A resident in a facility not intended exclusively for children who have been abused or neglected has the following rights. . . .
(h) In accordance with the District of Columbia Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38, D.C. Official Code §§ 1-2501 et seq.), not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income or place of residence or business.
6203.2 The following principles and rights are to govern the care and treatment of a foster child who is a resident of a facility for children who have been abused or neglected. Each such foster child is: . . .
(g) Not to be subjected to discrimination as provided in D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq.) [The relevant law reads: ‘It is the intent of the Council of the District of Columbia, in enacting this chapter, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, sealed eviction record status as a victim of an intrafamily offense, place of residence or business, and status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking’].”
D.C. Mun. Regs. tit 29 § 6347
Licensing of Independent Living Programs for Adolescents and Young Adults
Behavior Management and Discipline
"6347.4 An independent living program may not use forms of behavior management or discipline that involve cruel, severe, or humiliating actions, including, but not limited to:
(l) Deprivation of civil rights provided by law, including, where applicable, the right to privacy, the right to freedom of association, the right to vote, the right to practice or not practice religion or faith of choice, the right to be free from unreasonable search and seizure, the right to be free from sexual harassment, and the right to be free from discrimination, including the right to equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, or gender"
D.C. Child and Family Services Agency
Statement of Nondiscrimination
“CFSA and our employees, contractors, and other partners do not discriminate against anyone on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, or place of residence or business.”
http://cfsa.dc.gov/publication/statement-nondiscrimination
D.C. Child and Family Services Agency
Non-Discrimination Statement
"In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code § 2-1401.01 et seq., the Child and Family Services Agency (CFSA) does not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or place of residence or business… CFSA is committed to treating all persons, regardless of age, with respect, valuing and affirming differences, and preventing discrimination, harassment, or biases of any kind in the provision of services to the community. It is the philosophy of CFSA that children and youth in foster care who are, or who are perceived to be lesbian, gay, bisexual, transgendered or questioning (LGBTQ) deserve loving and permanent families and must be afforded the same rights, privileges, services, and protections as all children and youth. CFSA strongly opposes the use of conversion or reparative therapies that are purported to change the sexual orientation of youth”
https://cfsa.dc.gov/page/cfsa-non-discrimination
D.C. Child and Family Services Agency
Bill of Rights for Children and Youth in Foster Care
“You have a right to fair treatment and respect. No one may scare, bully, or abuse you. No one may punish you with hitting or other violence. No one may refuse to help you or disrespect you because of your race, color, religion, appearance, sexual orientation, or disability.”
https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/page_content/attachments/YBOR.pdf
D.C. Child and Family Services Agency
Administrative Issuance CFSA-10-6, Bill of Rights for Youth in Care (Sept. 3, 2010)
“As a youth in the foster care system, I am guaranteed the following general rights:
. . .
V. To express my beliefs, customs, and values with the people where I live. I have the right to have my caregiver listen to and respect my beliefs, customs, and values.”
https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/publication/attachments/AI%20-%20Bill%20of%20Rights%20for%20Youth%20in%20Care%20(final)_1.pdf
Florida has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Florida regulations contain protocol regarding placement of transgender youth consistent with their identities and define “gender” as inclusive of gender identity. Additionally, Florida's Department of Children and Family Services has policy including respect for a youth's sexual orientation and LGBTQ+ identity in determining well-being.
Florida has a Children’s Ombudsman.
Fla. Admin. Code 65C-46.001
Definitions
“(9) "Gender" or "gender identity" means a person’s internal identification or self-image as male or female. Gender identity may or may not correspond to the gender that is listed on the person’s birth certificate. The terms "male," "female," or "nonbinary" describe how a person identifies.
(10) “Gender expression” refers to the way a person expresses gender through appearance, dress, grooming habits, mannerisms and other characteristics."
Fla. Admin. Code 65C-46.009
Discipline and Behavior Management.
“(3) Facility staff shall not: . . .
(h) Engage in discriminatory treatment or harassment on the basis of a child’s race, national origin, religion, gender, gender expression, sexual orientation, or disability, or any other characteristic.
(i) Permit harassment or bullying of children by staff or other youth based on their race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic.
(j) Attempt to change or discourage a child’s sexual orientation, gender identity, or gender expression.”
Fla. Admin. Code 65C-46.012
Admission, Placement, and Ongoing Services.
“(4) The admission of each child in the care and custody of the Department to a child-caring agency shall follow completion of a pre-admission study completed by the child-placing agency, and shall include the following:
. . .
(f) For transgender youth, a determination whether the youth should be placed with their gender listed on their birth certificate or their identified gender. Factors to be considered shall include:
1. The physical safety of the transgender youth,
2. The emotional well-being of the transgender youth,
3. The youth’s preference,
4. The recommendation of the youth’s guardian ad litem,
5. The recommendation of the youth’s parent, when parental rights have not been terminated,
6. The recommendation of the youth’s case manager; and,
7. The recommendation of the youth’s therapist, if applicable.
(5) No child shall be denied services by any child-placing agency based on race, religion, gender, gender expression, sexual orientation, or transgenderism. A child-placing agency has the obligation to place each child in the most suitable setting according to that child’s individual needs, taking into account the capacity of the placement to meet the child’s needs, and the needs of the other children already placed in that setting.
. . .
(7) The child-caring agency shall provide prior to or at admission an orientation to living in the facility for each child and the child’s parent or guardian or child-placing agency staff. The orientation shall include the following:
. . .
(f) The inherent diversity of group home populations, including race, ethnicity, gender, religion, sexual orientation, gender expression, and transgenderism."
Fla. Admin. Code 65C-46.011
Personnel and Staffing Requirements.
“(9) Training ...
(c) All direct care staff shall receive a minimum of 21 hours of caregiver preparation training prior to unsupervised contact with children. Topics shall include, but are not limited to:
. . .
6. Sexual orientation, gender identity, and gender expression.”
Fla. Admin. Code 65C-46.008
Individual Needs of Children In Care.
“(8) The child-caring agency shall involve the child in the selection, care and maintenance of the child’s personal clothing, as appropriate to the child’s age and ability. The child-caring agency shall allow a child to possess and bring personal belongings. The child-caring agency may limit or supervise the use of these items . . . however, it may not restrict items based on the child’s gender identity or expression.”
Florida Department of Children and Families, CFOP 170-01 Florida's Child Welfare Practice Model
Chapter 2 Core Safety Concerns
"a. Purpose. Child strengths and needs measure the extent to which certain desired conditions
are present in the life of the child within a recent timeframe. Child strengths and needs are assessed
by the case manager based upon the assessment of child functioning.
(1) These child indicators are directly related to a child’s well-being and success (e.g.,
emotion, behavior, family and peer relationships, development, academic achievement, and life skill
attainment)...
d. Specific Child Strength and Need Definitions and Ratings...
(8) Cultural Identity. Important cultural factors such as race, class, ethnicity, religion,
Lesbian, Gay, Bisexual, Transgender, Questioning (LGBTQ), or other forms of culture are appropriately
considered in the child’s life. (NOTE: The goal of responding to a C or D would not be to change the
cultural identity or belonging, but to resolve the conflict or help the child cope with the conflict.)...
Chapter 5 Completing a Unified Home Study
(5) Explain how the caregiver(s) is(are) willing and able to make a loving commitment to
the child(ren)’s safety and well-being. This includes, but is not limited to:
(a) Respecting and honoring any child’s culture, religion and ethnicity.
(b) Adapting to and supporting any child’s individual situation, including sexual
orientation and family relationships"
https://www.myflfamilies.com/admin/publications/cfops/CFOP%2017....
Florida Department of Children and Families, CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers
8-5. Informing Relative Caregivers of Responsibilities and Rights.
"The child welfare professional
responsible for completing the relative caregiver home study will provide the following information to the
relative caregiver(s).: ...
b. Expectations of the relative caregiver as a team member: ...
(7) Handle special challenges in caring for a child. This includes the child’s culture and
religion. This also includes any child behaviors, sexual orientation, and family relationships."
https://www.myflfamilies.com/admin/publications/cfops/CFOP%20170...
Florida Department of Children and Families
Civil Rights Complaints Involving HHS Programs
"HHS provides federal financial assistance for many programs to enhance health and well-being, including TANF, Head Start, the Low Income Home Energy Assistance Program (LIHEAP), and others. If you believe that you have been discriminated against because of your race, color, national origin, disability, age, sex (including pregnancy, sexual orientation, and gender identity), or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the Office for Civil Rights (OCR) for yourself or for someone else."
https://www.myflfamilies.com/service-programs/access/non-discrimination-statement.shtml
Florida Department of Children and Families
Civil Rights Complaints Involving HHS Programs
“In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
https://www.myflfamilies.com/service-programs/access/non-discrimination-statement.shtml
Heather Rosenberg
Florida Children’s Ombudsman
Phone: (850) 717-4505
Cell: (850) 491-2203
Ombudsman Line: 844-KIDS-FLA
Email: kidsfla@myflfamilies.com
https://www.myflfamilies.com/service-programs/child-welfare/childrens-ombudsman.shtml
Georgia Division of Family and Children Services has policy based protections against discrimination on account of sex for youth in the child welfare system.
Georgia has an Office of the Child Advocate.
Notice of Nondiscrimination in DFCS programs, services and activities:
“In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
https://dfcs.georgia.gov/adasection-504-and-civil-rights
Office of the Child Advocate
https://oca.georgia.gov/
Guam has regulatory and policy based protections from discrimination on account of sex for youth in the child welfare system.
Guam has no known ombudsman.
Guam Division of Public Welfare
USDA Nondiscrimination Statement
“This institution is prohibited from discriminating on the basis of race, color, national origin, disability, age, sex and in some cases religion or political beliefs. The U.S. Department of Agriculture also prohibits discrimination based on race, color, national origin, sex, religious creed, disability, age, political beliefs or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA."
https://dphss.guam.gov/division-of-public-welfare/
http://dphss.guam.gov/bureau-of-social-services-administration/
Hawaii has statutory based protections against discrimination on account of sexual orientation, gender, gender expression, and gender identity for youth in the child welfare system. The Hawaii Department of Human Services has agency-wide policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for anyone seeking to access services. Additionally, the Hawaii Department of Human Services has policy based protections against discrimination on account of gender, gender identity, gender expression, and sexual orientation for youth in the child welfare system.
The state prohibits any person who is “licensed to provide professional counseling” from engaging in “sexual orientation change efforts” on anyone under 18 years of age. The law defines sexual orientation change efforts as “the practice of attempting to change a person’s sexual orientation, including but not limited to efforts to change gender identity or gender expressions and behaviors.” S.B. 270, 29th Leg. (Haw. 2018).
The Office of the Ombudsman handles complaints against all state and county agencies, but is not child welfare specific.
Hawaii Department of Human Services
Policy No. 4.10.1, Discrimination Complaints Policy (Oct. 1, 2014)
“It is the policy of the DHS to assure a work and service environment free from discriminatory practices for all department employees, applicants for employment, applicants for participation in the DHS programs, and participants in DHS programs. The work and service environments shall be without discrimination, retaliation for having filed a complaint, and/or harassment on the basis of age, arrest/court records, breastfeeding, child support assignment, citizenship, credit history, disability (physical or mental), domestic/sexual violence victim status, genetic information, National Guard absence, national origin/ancestry, political belief, race or color, religion, relationship status, sex/gender (expression or identity), sexual orientation, veteran status, retaliation for filing a complaint or participating in complaint process, and harassment based on one or more of the protected factors listed here or might be added to law periodically.”
http://humanservices.hawaii.gov/wp-content/uploads/2014/10/Policy-4.10.1-Disc-Complaint.pdf
Rights of Children in Foster Care
"You also have the right to be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender
identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or
the fact that you are in foster care."
https://rcg.hawaii.gov/wp-content/uploads/2021/06/12_10_20-Rights-of-children-in-foster-care-ENGLISH.pdf
Hawaii Department of Human Services
Nondiscrimination
“In accordance with federal and state laws, U.S. Department of Agriculture (USDA), and U.S. Department of Health and Human Services (USHHS) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex/gender (expression or identity), age or disability.”
https://humanservices.hawaii.gov/wp-content/uploads/2016/10/DOC005.pdf
Idaho Department of Health and Welfare has policy based protections against discrimination on account of of sexual orientation, gender, gender identity, and gender expression for youth in the child welfare system. The Department of Health and Welfare has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.
The state has no known ombudsman.
Idaho Youth in Care Bill of Rights (Oct. 2015)
“Youth have the right to learn about their sexuality in a safe and supportive environment...
Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they are in foster care.”
https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=226&dbid=0&repo=PUBLIC-DOCUMENTS
Idaho Department of Health and Welfare
Non-Discrimination Statement
“The department is prohibited from discriminating on the basis of race, color, national origin, disability, age, sex (including gender identity and sexual orientation) and, in some cases, religion or political beliefs.”
http://healthandwelfare.idaho.gov/AboutUs/Discrimination/tabid/1058/Default.aspx
https://healthandwelfare.idaho.gov/default.aspx
Illinois Department of Children and Family Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and LGBTQ+ identity for youth in the child welfare system. The Department of Children and Family Services has a policy specific to upholding the rights of LGBTQ+ youth in care, best practices for providing affirming care, and LGBTQ+ specific training requirements for staff and foster caregivers. Illinois has regulatory based protections against discrimination on account of sex by contracted service providers, protections against discrimination on account of gender for anyone seeking adoption services, and considers "development of the child's identity" as a consideration for their best interest.
The state prohibits mental health providers from engaging in “sexual orientation change efforts” with anyone under the age of eighteen. 405 Ill. Comp. Stat. Ann. 48/1-48/30. The law defines sexual orientation as inclusive of “gender-related identity.” 775 Ill. Comp. Stat. Ann. 5/1-103.
Illinois has a child welfare-specific ombudsman and an Office of Executive Inspector General for the Agencies of the Illinois Governor.
89 Ill. Adm. Code 308.30
The Department's Nondiscrimination Policy with Respect to Private Purchase of Service Providers
“(a) The Department shall contract only with service providers who, in the provision of their services and opportunities for employment, exercise nondiscriminatory policies and practices. All purchase of service providers must provide contractual exhibits assuring that they do not discriminate in their employment and service delivery practices. Such providers include all child welfare service providers, social service providers, or any other purchase of service providers with whom the Department may contract.
(b) Each provider shall comply with Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. and 2000e et seq.); Section 503 and 504 of the Rehabilitation Act (29 U.S.C. 793 and 794); the U.S. Constitution; the 1970 Illinois Constitution; any state and federal laws, regulations or orders which prohibit discrimination in employment on the grounds of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service other than a dishonorable discharge and service delivery on the grounds of race, sex, color, religion, national origin or ancestry, the inability to speak or comprehend the English language or by reason of any handicap. Refer to Part 307, Indian Child Welfare Services which defines the special rights of American Indians."
89 Ill. Adm. Code 401.500
“Child welfare agencies that provide adoption services shall...
(e) Prohibit discrimination against any child, birth parent, foster parent or prospective adoptive parent on the basis of race, religion, gender, or ethnicity.”
Nondiscrimination
Illinois Department of Children and Family Services, Services Delivered by the Department, 302. Appendix K, Support and Well-Being of Lesbian, Gay, Bisexual, Transgender and Questioning Children and Youth (May 11, 2017)
"Anybody in contact with children/youth in DCFS care, who is acting under DCFS/POS authority or control, whether or not directly employed by DCFS or a POS, is prohibited from engaging in the discrimination, bias, or harassment...
All staff are prohibited from engaging in any form of discrimination, bias or harassment against LGBTQ children, youth and their families."
https://www2.illinois.gov/dcfs/aboutus/notices/Documents/Procedures_302_Appendices.pdf
(Go to page 115)
Illinois Department of Children and Family Services, Division of Diversity, Equity and Inclusion (DEI)
"The DCFS Division of Diversity, Equity and Inclusion (DEI) is charged with the responsibility of ensuring that the department complies with civil rights rules and regulations and that the rights of all DCFS employees, applicants and service recipients are protected against unlawful discrimination.
Unlawful areas of discrimination include: ...
Sex
Sexual orientation
Gender identity"
https://www2.illinois.gov/dcfs/aboutus/OAA/Pages/default.aspx
Illinois Department of Children and Family Services, Support and Well-Being of Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youths, Policy Transmittal 2009.06 (March 13, 2009)
http://www.lambdalegal.org/sites/default/files/cw_and_jj_illinois_2009.pdf
Illinois Department of Children and Family Services, LGBTQ Rainbow Youth Rights (2016)
https://www2.illinois.gov/dcfs/brighterfutures/independence/Documents/LGBTQ_Poster.pdf
https://www2.illinois.gov/dcfs/Pages/default.aspx
DHS Help Line: 800-843-6154 (voice), 866-324-5553 (TTY)
DCFS LGBTQI+ Specialty Services team: 312-814-8741Indiana Department of Child Services has policy based protections against discrimination on account of sex, gender, sexual orientation, and gender identity for youth in the child welfare system.
Indiana has a child welfare ombudsman.
Indiana Bill of Rights for Youth in Care
“We have the right not to be discriminated against based on our race, color, religion, sex, gender, age, mental or physical disability, national origin, marital status, familial status, political views, financial situation, sexual orientation, or gender identity. We have the right to learn about these things in a safe and supportive environment.”
http://www.in.gov/dcs/files/Indiana_DCS_Bill_of_Rights_for_Youth_in_Care.pdf
Indiana Department of Child Services
Non-Discrimination in Service Delivery to Clients
"Title IV of the Federal Civil Rights Act of 1964 (42 USC 2000d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), Section 202 of the Americans with Disabilities Act of 1990 (42 USC 12132), and all regulations related to these Acts address non-discrimination in service delivery to clients. All local offices must ensure that no one, based on race, color, sex, national origin, or handicap, is excluded from participation in, denied the benefits of, or subjected to discrimination under any service or activity for which the federal government provides funding."
https://www.in.gov/dcs/policies/state-policy-overview/
Indiana Department of Child Services
Child Welfare Manual, Ch. 11: Older Youth Services
Sec. 9 Voluntary Services Host Home
"Expectations of the voluntary services host home arrangement will be discussed and agreed upon in the Child and Family Team Meeting held prior to the youth’s transition. The following topics, which are included in the Voluntary Services Host Home Agreement, shall be discussed:
(B) Refraining from discriminating against the youth based on race, religion, national origin, gender, disability, ethnicity, sexual or gender identity, or sexual orientation."
https://www.in.gov/dcs/files/11.09-Voluntary-Services-Host-Home.pdf
Sec. 25: Collaborative Care Host Homes
“Expectations of the Host Home placement will be discussed and agreed upon in the Child and Family Team (CFT) Meeting held prior to the youth’s transition. The following topics, which are included in the Foster Home/Host Home Agreement, shall be discussed:
(2) Refraining from discriminating against the youth based on race, religion, national origin, gender, disability, or sexual orientation”
https://www.in.gov/dcs/files/11.25-Collaborative-Care-Host-Home.pdf
Indiana Department of Child Services
Code of Conduct for the Indiana Department of Child Services
“E. Diversity and Non-Discrimination: DCS staff will be respectful, understanding
of, and sensitive to the diverse cultural backgrounds of all individuals employed
or served by DCS. Diversity encompasses a group or individual’s unique
qualities, including but not limited to: age; creed; religion; ethnicity; color;
physical features; sex; sexual orientation; gender identity; language of choice;
nationality; family or marital status; physical, mental, and developmental abilities;
socioeconomic status; education; work and behavioral styles; and political
affiliation. Diversity may also refer to differences in thinking and ways of
working. DCS will foster an atmosphere of inclusion to ensure employees and the
individuals it serves have equality of opportunity in the workplace, without any
impediments due to diversity characteristics as stated above.
DCS staff will not condone or engage in any discrimination on the basis of race, ethnicity, national origin, color, gender, sexual orientation, age, marital status, political belief, religion, or mental or physical disability. All reports of discrimination must be reported to DCS Human Resources or the State Personnel Department (SPD)."
https://www.in.gov/dcs/files/Code-of-Conduct.pdf
Iowa Department of Human Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. Iowa Department of Human Services Foster Parent Handbook requires that foster parents respect youth's sexual orientation and gender identity.
The State of Iowa Office of Ombudsman serves as an independent and impartial agency to which citizens can air their grievances about government, but is not child welfare-specific.
Iowa Department of Human Services
Non-Discrimination Policy
“It is the policy of the Iowa Department of Human Services to provide equal treatment in employment and provision of services to applicants, employees and clients without regard to race, color, national origin, sex, sexual orientation, gender identity, religion, age, disability or veteran status; hereafter referred to as protected category.”
http://dhs.iowa.gov/non-discrimination-policy
Iowa Department of Human Services
Foster Parent Handbook
"Foster parents must respect the right to religious freedom and culture of children in their care by:
Respecting the child’s sexual orientation and gender identity regardless of personal beliefs."
https://dhs.iowa.gov/sites/default/files/Comm033.pdf?092220212022
Iowa Foster Child and Youth Bill of Rights
“You have the right to be who you are.”
http://dhs.iowa.gov/sites/default/files/AMP_Bill_of_Rights_2013.pdf
Kansas has regulatory based protections against discrimination on account of sex for youth in residential treatment facilities and anyone seeking to access services from the Kansas Department of Social and Rehabilitation Services which has been renamed the Kansas Department of Children and Families. Kansas Department of Children and Families has policy based protections against discrimination on account of sex and gender for youth in the child welfare system.
The state has a religious refusal law, which permits child placement agencies to refuse to “participate in any placement of a child for foster care or adoption when the proposed placement of such child would violate such agency’s sincerely held religious beliefs.” S.B. 284 (Kan. 2018).
Kansas Department for Children and Families
Policy 0220, Discrimination Prohibited by Law (Jan. 1, 2018)
“All services shall be in compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and K.S.A. 44-1009. No individual/family will be denied services because of race, color, national origin, sex, age, religion and mental or physical disability. The provision of services will be provided based on need and eligibility criteria.
Title VI of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of a person’s race, color, national origin, sex, age, and religion.
. . .
K.S.A. 44-1009(a)(3) states, ‘It shall be unlawful discriminatory practice for any person to refuse, deny, make a distinction, directly or indirectly, or discriminate in any way
against persons because of the race, religion, color, sex, disability, national origin or ancestry of such persons in the full and equal use and enjoyment of the services,
facilities, privileges and advantages of any institution, department or agency of the State of Kansas or any political subdivision or municipality thereof.’”
http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Policy_and_Procedure_Manual.pdf
http://www.dcf.ks.gov/Pages/default.aspx
Kentucky has regulatory based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services from the Cabinet for Health and Family Services. The Kentucky Cabinet for Health and Family Services has policy based protections against discrimination on account of sex for anyone seeking to access services. The Kentucky Department of Community Based Care has policy based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system.
The Office of the Ombudsman handles matters pertaining to programs and services provided by the Cabinet for Health and Family Services.
Ky. Rev. Stat. Ann. § 199.898
Rights for children in child-care programs and their parents, custodians, or guardians; posting and distribution requirements
“(1) All children receiving child-care services in . . . a family child-care home certified pursuant to KRS 199.8982, or from a provider or program receiving public funds shall have the following rights:
(a) The right to be free from physical or mental abuse;
(b) The right not to be subjected to abusive language or abusive punishment; and
(c) The right to be in the care of adults who shall meet their health, safety, and development.”
920 Ky. Admin. Regs. 1:090
Section 2. Administrative Policy.
"(1) The cabinet shall comply with the following federal and state laws prohibiting discrimination:
(a) In a cabinet program:
1. KRS 344.015 and 344.020; 2. 28 C.F.R. 35 or 36; 3. 20 U.S.C. 1681; 4. 29 U.S.C. 794; 5. 42 U.S.C. 12131-12213, as amended by Pub.L. 110-325; 6. 42 U.S.C. 2000d-2000d-7; 7. 42 U.S.C. 6101-6107 or 45 C.F.R. 91; 8. Presidential Executive Order 13166; or 9. Another federal, state, or local law applicable to a cabinet program; …
(4) Staff of OHRM shall attempt to elicit from a complainant the following: ...
(d) The basis on which the complainant believes discrimination or harassment exists, for example:
1. Race; 2. Color; 3. Religion; 4. Sex; 5. National origin; 6. Age; 7. Retaliation; 8. Sexual orientation; 9. Disability;10. Political beliefs; 11. Sexual harassment; or 12. Limited English proficiency”
https://chfs.ky.gov/agencies/dcbs/dpp/Pages/default.aspx
Louisiana has regulatory based protections against discrimination on account of sex, sexual orientation or any other “non-merit factor” for youth in the child welfare system. Louisiana Department of Children & Family Services has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. Additionally, the Department has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for children in the adoption placement process.
The state’s Child Welfare Division has no known designated ombudsman, Florida does have an The Office of State Inspector General.
None known.
Nondiscrimination
La. Admin Code. tit. 67, pt. V., § 7311(E)(5)
Provider Responsibilities: Children’s Rights: Civil Rights
“a. A child’s civil rights shall not be abridged or abrogated solely as a result of placement in the provider’s program.
b. A child shall not be denied admission, segregated into programs or otherwise subjected to discrimination on the basis of race, color, religion, national origin, sexual orientation, physical limitations, political beliefs, or any other non-merit factor.”
La. Admin Code. tit. 67, pt. V, § 7115(A)(5)
Resident Protection: Rights: Civil Rights
“a. Residents’ nor children of residents’ civil rights shall be abridged or abrogated solely as a result of placement in the provider's program
b. A resident nor child of a resident shall be denied admission, segregated into programs, or otherwise subjected to discrimination on the basis of race, color, religion, national origin, sexual orientation, physical limitations, political beliefs, or any other non-merit factor.”
La. Admin Code. tit. 67, pt. V, § 7309
Child Placing Agencies: Administration and Operation
“H. Policies and Procedures
1. The provider shall have a clearly defined intake policy in keeping with its stated purpose and it should be clear from the practices of the provider that it is carrying out these purposes.
a. Provider intake policy shall prohibit discrimination on the basis of race, color, creed, sex, national origin, handicapping condition, or ancestry.”
La. Admin Code. tit. 67 pt. V §7313
Administration and Operation: C. Policies and Procedures—Foster Care, Adoption,
Transitional Placing
"5. The provider shall have a clearly defined intake
policy in keeping with its stated purpose and it shall be clear
from the practices of the provider that it is carrying out these
purposes.
6. Provider intake policy shall prohibit discrimination
on the basis of race, color, creed, sex, national origin,
disability, or ancestry"
Nondiscrimination
Department of Children & Family Services Department Policy
2 Civil Rights, 2-2 Non-Discrimination in Service Provision
"No persons shall on the basis of age, sex, religion, race, color, national origin, political affiliation,
sexual orientation, *** or disability (not all prohibited bases apply to all programs) be excluded from
participation in; be denied the benefits of; or be subjected to discrimination under any program or
activity conducted in this department. DCFS will take appropriate action to ensure that the above will
be implemented at all levels of administration."
https://public.powerdms.com/LADCFS/tree/documents/393313
Louisiana Department of Children & Family Services
Medical Services to Foster Children (June 7, 2017)
“Treatment should never be sought specifically because the youth is expressing/questioning gender identity that is different to societal expectations or because the youth expresses sexual interest that is different from cultural norms. However, if a youth is demonstrating extreme agitation, fearfulness, anxiety or depression which is impacting them or causing difficulty within interpersonal relationships and/or day to day functioning due to their gender identity or sexual interest, then Behavioral Health services should be identified with an LGBTQ affirming service provider experienced in this area of treatment to empower the youth to resolve the issues the youth is experiencing, which may include self-concept problems, difficulty reconciling personal identity, body image issues, etc.”
Maine has regulatory based protections against discrimination on account of sexual orientation for youth in the child welfare system. Maine Department of Health and Human Services has policy based protections against discrimination on account of sex, gender, sexual orientation for anyone seeking to access services. Maine Department of Health and Human Services also has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for youth in the child welfare system.
Maine prohibits psychologists from "advertis[ing], offer[ing] or administer[ing] conversion therapy to a minor." Conversion therapy is defined as "any practice or treatment that seeks or claims to change an individual's sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual's gender." Me. Rev. Stat. tit. 32, § 3837-B
Maine has an ombudsman specific to child welfare.
None known.
Code Me. R. tit. 10-148 Ch. 35, § 5
Children's Residential Care Facilities Licensing Rule, Section 5. Core Licensing Requirements
"d. Non-discrimination in providing services. The facility must not refuse admission to any resident on the grounds of race, sex, sexual orientation, religion, disability or ethnic origin."
Code Me. R. tit. 10-148 Ch. 8, § 4
Rules for the Licensure of Shelter for Homeless Children
4. Requirements for Licensure
“D. Admission and Discharge...
1. Non-Discrimination in Providing Services. The facility shall not refuse admission to any child on the grounds of race, sex, religion, handicapping condition or ethnic origin. The facility may limit admission on grounds of sex or handicapping condition if the program is not adequately designed to serve this population and cannot meet the specific child's needs.”
Code Me. R. tit. 10-148 Ch. 9, § 4
Rules for the Licensure of Emergency Shelters for Children
4. Standards for Licensure
“E. Admission and Discharge
. . .
1. Referral Process.
a. Non-Discrimination in Providing Services. The facility shall not refuse admission to any child on the grounds of race, sex, religions handicapping condition or ethnic origin. The facility may limit admission on grounds of sex, religion or handicapping condition if the program is not adequately designed to serve this population and cannot meet the specific child's needs."
State of Maine, Department of Health and Human Services
Non-Discrimination Notice
"The Department of Health and Human Services (“DHHS”) does not discriminate on the basis of disability, race, color, sex, gender, sexual orientation, age, national origin, religious or political belief, ancestry, familial or marital status, genetic information, association, previous assertion of a claim or right, or whistleblower activity, in admission or access to, or the operation of its policies, programs, services, or activities, or in hiring or employment practices."
https://www.maine.gov/dhhs/about/non-discrimination-notice
http://www.maine.gov/dhhs/ocfs/cw/
http://cwombudsman.org/submit-a-complaint-2//
Maryland has statutory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. Maryland has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. In addition, the Maryland Department of Human Services has nondiscrimination policy specific to upholding the rights of LGBTQ+ youth in care, which includes a requirement to provide affirming and fair treatment regardless of the sexual orientation, gender identity, and gender expression of the youth.
The state prohibits mental health providers or child care practitioners from engaging in “conversion therapy” with anyone under the age of eighteen. The law defines conversion therapy seeking “to change an individual’s sexual orientation or gender identity.” S.B. 1028, 438th Leg. (Md. 2018).
The state Department of Human Services has a dedicated ombudsman for foster youth as well as one for parents.
Nondiscrimination Requirement.
"A. As a State agency and a recipient of federal funds, the Department, local departments, and individuals receiving funds through the Department may not engage in discriminatory practices.
B. Services to the Public.
(1) In the provision of services to the public, discrimination is prohibited based on:
(a) Race; (b) Religion; (c) Color; (d) National origin; (e) Sex; (f) Physical or mental disability; (g) Age; or (h) Sexual orientation....
D. This regulation applies to other agencies, organizations, employers, institutions, and contractors from whom the Department purchases services, except when the discriminatory practices are permitted by law."
Md. Code Regs. 07.01.03.04
Discrimination Prohibited.
"A. Delivery of Services.
(1) In the delivery of services, the Department or local departments may not,on the grounds of religious or political opinion or affiliation, race, color, national origin, sex, physical or mental disability, or age:
(a) Deny any aid, care, service, or other benefits provided under any program;
(b) Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;
(c) Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program"
Md. Code Regs. 10.57.05.03(C)
General Conduct.
“In the capacity or identity as a certified residential child care program administrator or certified residential child and youth care practitioner may not
. . .
(5) Practice, condone, or facilitate discrimination, or collaborate to discriminate on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, disability, or other preference or personal characteristic, condition, or status with an individual or group of individuals;
(6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client[.]”
Maryland Department of Human Services, Social Services Administration, Working with Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth and Families (March 1, 2018)
https://dhs.maryland.gov/documents/SSA%20Policy%20Directives/Child%20Welfare/SSA%2018-13%20CW%20Revised-Working-with-Lesbian-Gay-Bisexual-Transgender-and-Questioning-LGBTQ-Youth-and-Families.pdf
Maryland Department of Human Services, Social Services Administration
Youth Matter Out-of Home Placement Program Handbook for Maryland’s Youth in Foster Care (p. 8, 20)
“As a child or youth in foster care, you have
the right: ...
To fair treatment, whatever your gender, gender identity, race,
ethnicity, religion, national origin, disability, medical problems,
or sexual orientation ...
Your Rights as an LGBTQ Youth in Care
DHR/SSA is committed to all young people living in spaces where they
can be open and honest about their identities. What this means is that
you have the right to express your own individual sense of:
Gender Presentation:
As long as you are dressed appropriately, you can wear the
clothing, accessories, and/or hairstyle that suits your gender
identity (i.e. someone born male has a right to wear a dress,
someone born female has a right to wear men’s clothing).
Gender Identity:
Everyone is assigned a sex (male or female) at birth, but that
doesn’t always mean that we identify with that sex. You have the
right to openly identify as whatever gender you are. Check out
our terms and definitions section for information about gender and
sex.
Sexual Orientation:
You can date peers of the same sex, openly identify as who you
are, and engage in other age appropriate activities for LGBTQ
youth (such as participating in a Gay Straight Alliance at your
school).”
https://dhs.maryland.gov/documents/Manuals/Foster%20Care/Foster%20Youth%20Handbook
The State Board for the Certification of Residential Child Care Program Administrators
https://health.maryland.gov/crccp/Pages/complaint.aspx
Foster Youth Ombudsman
Loney Nguyen, LCSW-C
Phone: 410-767-9621 (office)
443-509-0348 (cell)
Email: loney.nguyen1@maryland.gov
https://dhs.maryland.gov/foster-care/youth-resources/foster-youth-ombuds/
Resource Parent Ombudsman
Jeannette (Jenny) Jumbelick
Phone: 410-767-9672
Email: Jeannette.Jumbelick@maryland.gov
https://dhs.maryland.gov/foster-care/resource-parents/dhs-ombudsman/
Massachusetts has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system and licensing requirements for foster parents to demonstrate the ability to support and respect a child’s sexual orientation or gender identity. Massachusetts Department of Children and Families has policy based protections against discrimination on account of sexual orientation or gender identity or expression and policies specific to upholding the rights of LGBTQ+ youth in care, best practices for providing affirming care, and guidance for providing timely gender-affirming healthcare for transgender youth in care. In addition, Massachusetts Department of Social Services has a nondiscrimination policy specific to upholding the rights of GLBT youth in care, which includes sexual orientation and gender identity and expression as protected classes.
Massachusetts has a child welfare ombudsman and an office of the child advocate.
None known.
110 Mass. Code Regs. 1.09
Special Provisions Relating to Nondiscrimination
“(1) No Applicant for or recipient of Department [of Children and Families] services shall, on the ground of race, creed, color, religion, age, ancestry, marital status, sex, sexual orientation, language, disability, veteran status, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in connection with, any service, program, or activity administered or provided by the Department.”
110 Mass. Code Regs. 7.104
Standards for Licensure as a Foster/Pre-adoptive Parent
"(1) A foster/pre-adoptive parent applicant must demonstrate, to the satisfaction of the Department the ability:
(a) to assure that a child placed in his or her care will experience a safe, supportive, nurturing and stable family environment which is free from abuse or neglect; ...
(d) to promote the physical, mental, and emotional well-being of a child placed in his or her care, including supporting and respecting a child’s sexual orientation or gender identity"
Massachusetts Department of Social Services, Standards of Care Relative to Gay Lesbian Bisexual and Transgendered (GLBT) Youth
http://www.lambdalegal.org/sites/default/files/massachusetts_policy...
Massachusetts Department of Children and Families
LGBTQ - A Guide for Working with Youth and Families
"LGBTQ youth have the right to be free from discrimination and harassment based on their sexual orientation or
gender identity or expression in schools, child welfare placements, and juvenile justice facilities. This extends to the
right to safe and supportive caregivers; to equal treatment and access to appropriate services; and to have their
sexual orientation, gender identity and gender expression respected in all services."
https://www.mass.gov/doc/lgbtq-a-guide-for-working-with-youth-and-families/download
Massachusetts Department of Children and Families
The Answer Book; Foster Child Bill of Rights (pg. 46)
“Every foster child . . . Shall be treated with respect by DCF staff, foster parents and providers without regard to race, ethnicity, sexual orientation, gender identity, religion and/or disability.”
https://www.mass.gov/doc/youth-resource-the-answer-book-2018/download?_ga=2.209970141.972910103.1632764363-141390921.1632764363
Massachusetts Department of Children and Families
Gender Affirming Medication Consent Policy
"The Department of Children and Families recognizes and respects the affirmed gender identities and various gender
expressions of the children, youth, young adults, and families involved with the Department. Department staff destigmatize gender diversity by promoting the self-worth of all Department involved children and
youth, facilitating access to affirming services and educating families when appropriate. Department staff
maintain a safe community space where children and youth are free to develop and explore their gender
identity and expression.
For children and youth in state custody (protective and CRA), the Department ensures that transgender
and gender diverse youth have access to medically necessary care including psychotherapy without
unnecessary delays, requirements, or barriers. The Department recognizes the importance of early
identification of these children/youth along with early access to medical treatment and support. The
Department has established policy guidelines and procedures for staff to follow to ensure the medical
needs of transgender and gender diverse children in state custody are addressed in a timely manner"
https://www.mass.gov/doc/gender-affirming-medication-consent-policy/download
The Commonwealth of Massachusetts Commission on Lesbian, Gay, Bisexual, Transgender, Queer & Questioning Youth
2020 Report & Recommendations
https://www.mass.gov/doc/ma-commission-on-lgbtq-youth-2020-report-and-recommendations/download?_ga=2.183369958.1762114400.1616440423-806822020.1616440423
https://www.mass.gov/orgs/massachusetts-department-of-children-families
http://www.mass.gov/eohhs/gov/departments/dcf/dcf-ombudsman.html
Michigan Department of Health and Human Services has policy based protections against discrimination on account of sexual orientation, gender identity, and gender expression for anyone seeking to access services. The department also has policy specific to upholding the rights of LGBTQ+ youth in care, including protections against discrimination on account of sexual orientation and gender identity for youth in the child welfare system.
However, the state also has a religious refusal law, which permits child placing agencies to refuse to provide services that conflict with their “sincerely held religious beliefs.” Mich. Comp. Laws Ann. § 722.124e.
Michigan has a child welfare ombudsman.
None known.
None known.
Michigan Department of Health and Human Services
Nondiscrimination Statement
"The Michigan Department of Health and Human Services will not exclude from participation in, deny benefits of, or discriminate against any individual or group because of race, sex, religion, age, national origin, color, height, weight, marital status, gender identification or expression, sexual orientation, partisan considerations, or a disability or genetic information that is unrelated to the person’s eligibility."
http://www.michigan.gov/mdhhs/0,5885,7-339-73970_7701_76675-77286--,00.html
http://www.michigan.gov/mdhhs/
Office of Children's Ombudsman: https://www.michigan.gov/oco/0,4647,7-133-3190---,00.html
Online Complaint Form - Division of Child Welfare Licensing: https://www.michigan.gov/mdhhs/0,5885,7-339-71551_27716-82239--,00.html
Minnesota has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system and LGBTQ+ inclusive cultural competency training requirements. Minnesota has a nondiscrimination policy specific to upholding the rights of LGBTQ+ youth in care, including protections against discrimination on account of sexual orientation and gender identity for youth in the child welfare system. The state Department of Human Services has policy based protections against discrimination based on sex, including sex stereotypes and gender identity, and sexual orientation.
The state has an Office of the Ombudsperson for Families.
Nondiscrimination/Protection from Harm
Minn. R. 2960.0050
Licensure and Certification of Programs for Children
Resident Rights and Basic Services
“A resident has basic rights including, but not limited to, the rights in this subpart. The license holder must ensure that the rights in items A to R are protected:
. . .
P. right to be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation”
Minn. R. 2960.3060
Requirements: Foster Family and Residence Settings, and Treatment Foster Care
License Holder Qualifications
"Subpart 4. Home study of applicant ... The applicant must demonstrate the ability to:
E. actively support the foster child's racial or ethnic background, culture, and religion, and respect the child's sexual orientation"
Minn. R. 2960.0080
Licensure and Certification of Programs for Children
Facility Operational Service Policies and Practices
“Subpart 5. Discipline policy and procedures required. The license holder must have discipline policies and procedure that require the resident’s abuse history and developmental, cultural, disability, and gender needs be taken into consideration when deciding the disciplinary action to be taken with a resident. The policy must include the requirements in items A to E.
A. The license holder must not subject residents to:
. . .
(2) verbal abuse, including, but not limited to: name calling; derogatory statements about the resident or resident’s family, race, gender, disability, sexual orientation, religion, or culture; or statements intended to shame, threaten, humiliate, or frighten the resident”
Minn. R. 2960.3080
Requirements: Foster Family and Residence Settings, and Treatment Foster Care
Placement, Continued Stay, and Discharge
“Subpart 8. Discipline. The license holder must consider the [foster] child’s abuse history and developmental, cultural, disability, and gender needs when deciding the disciplinary action to be taken with the child. Disciplinary action must be in keeping with the license holder’s discipline policy. The discipline policy must include the requirements in items A and B.
A. Children must not be subjected to: ...
(2) verbal abuse, including, but not limited to: name calling; derogatory statements about the child or child’s family, race, gender, disability, sexual orientation, religion, or culture”
Training Requirements
Minn. R. 2960.0100
Licensure and Certification of Programs for Children
Personnel Policies
"Subpart 3. Orientation and in-service training ... The license holder must ensure that staff who will have direct contact with residents attend and successfully complete orientation training before having unsupervised contact with residents.
A. Orientation training must include at least the subjects in subitems (1) to (6):
(3) cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for residents"
Minn. R. 2960.0150
Additional Standards for Group Residential Settings
Personnel Policies.
"The license holder must provide orientation and training to staff and volunteers regarding:
(1) culturally competent care;
(2) racial bias and racism issues;
(3) gender issues, including the psychosocial development of boys and girls;
(4) sexual orientation issues; and
(5) physical, mental, sensory, and health-related disabilities, bias, and discrimination."
Minn. R. 2960.3210
Additional Requirements For Foster Residence Settings
Staff Training Requirements
"Subpart 1. Orientation ... Orientation training must include at least the topics in items A to F: ...
C. cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children"
Minn. R. 2960.3070
Requirements: Foster Family and Residence Settings, and Treatment Foster Care
Foster Parent Training
"Subpart 1. Orientation ... The foster parent's orientation must include items A to E: ...
C. cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children ...
Subpart 2. In-service training ... The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent: ...
V. sexual orientation"
Minnesota Department of Human Services
Working with lesbian, gay, bisexual, transgender and questioning/queer youth
https://edocs.dhs.state.mn.us/lfserver/Public/DHS-6500-ENG
Minnesota Department of Human Services
Civil rights in Human Services
“The Minnesota Department of Human Services, Equal Opportunity and Access Division, prohibits discrimination in its programs because of race, color, national origin, creed, religion, sexual orientation, public assistance status, age, disability or sex (including sex stereotypes and gender identity under any health program or activity receiving federal financial assistance).”
https://mn.gov/dhs/general-public/about-dhs/administration-management/civil-rights.jsp
https://mn.gov/ombudfam/intake-form/
https://mn.gov/dhs/general-public/about-dhs/administration-management/civil-rights.jsp
Mississippi has regulatory based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the child welfare system. Mississippi Department of Human Services has policy based protections against discrimination on account of gender, sexual orientation, and gender identity for youth in the child welfare system.
However, the state also has a religious refusal law, which permits any “religious organization” to refuse to provide services if doing so is “based upon or in a manner consistent with a sincerely held religious belief or moral conviction.” The religious beliefs protected by the law are the beliefs that “(a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.” The services an organization is permitted to refuse include the provision of “any adoption or foster care service.” Miss. Code Ann. § 11-62-3.
The state’s Department of Human Services has no known ombudsman.
None known.
Code Miss. R. 18-6:1.A-II-XIV
“A. As a Child or Youth in Foster Care, I Have the Right: ...
• To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation...
C. All Children and Youth in Foster Care Have the Right to...
• Be who they are.
• Youth have the right to their own identity, values, freedom to express their emotions, hopes, plans and goals, religion/spirituality.
• Youth have the right to learn about their sexuality in a safe and supportive environment ...
• Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they’re in foster care.”
Code Miss. R. 18-6:1.A-II-XII
“C. For Youth 14 or Older in Foster Care
These are the rights and responsibilities for youth fourteen (14) and older in the custody of the MDHS...
You Have the Right to: ...
6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation...
14. Be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.
You Have theResponsibility to: ...
4. Treat others with dignity and respect without regard to race, color, creed, religion, national origin, sex, age, disability or political affiliation...
D. Rights and Responsibilities Children 13 and Under in Foster Care
You have rights and responsibilities while you are involved with DFCS of Family and Children’s Services (DFCS)...
You Have the Right to...
6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation...
11. You have the right to be treated with dignity and respect and receive services without regard to race, color, creed, religion, national origin, sex, age, disability, or political affiliation.”
Code Miss. R. 18-6:1.I-III
“L. Notice of Non-Discrimination Policy
MDHS-DFCS prohibits discrimination and/or the exclusion of individuals from its facilities, programs, activities and services based on the individual person’s race, national origin, color, creed, religion, sex, sexual orientation, age, disability, veteran status, or inability to speak English. A notice of MDHS-DFCS non-discrimination policy will be posted in each county office.”
Code Miss. R. 18-6:1.I-IV App’x B
“In accordance with Federal law and U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. Under Food Stamp Act and USDA policy, discrimination is prohibited also on the basis of religion or political beliefs.”
State of Mississippi Department of Human Services
Division of Family and Children’s Services
Section D: Foster Care Policy
Appendix L: Notice of Rights & Responsibilities for Youth 14 and Over in Foster Care
“These are the rights and responsibilities for youth fourteen (14) and older in the custody of the Mississippi Department of Human Services...
You have the right to: ...
6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation...
Appendix M: Notice of Rights & Responsibilities Children 13 & Under in Foster Care
You have rights and responsibilities while you are involved with the DFCS of Family and Children’s Services (DFCS). These are the rights and responsibilities for children thirteen and under who are in the custody of the Mississippi Department of Human Services...
You have the right to: ...
6. To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation.”
https://www.mdcps.ms.gov/sites/default/files/about-us/policies-%26-procedures/DFCS-Policy-Section-D-09-11-17.pdf
Missouri Department of Social Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. Missouri Department of Social Services: Children's Division also has LGBTQ+ specific foster care policy with best practice guidance for inclusive care.
Missouri has an Office of Child Advocate.
None known.
None known.
Missouri Department of Social Services
Nondiscrimination Policy Statement
“The Missouri Department of Social Services (DSS) is committed to the principles of equal employment opportunity and equal access to services. Accordingly, DSS employees, applicants for employment, and contractors are treated equitably regardless of race, color, national origin, ancestry, genetic information, sex (including pregnancy and gender identity), sexual orientation, age, disability, religion, or veteran status.”
http://dss.mo.gov/files/missouri-nondiscrimination-policy-statement.htm
https://dss.mo.gov/child-support/comment.htm
https://dss.mo.gov/files/missouri-nondiscrimination-policy-statement.htm
Montana has Department of Public Health and Human Services policy based protections against discrimination on account of sex and sexual orientation, for anyone seeking to access services.
Montana has a child welfare ombudsman and an office of the Citizens' Advocate.
None known.
None known.
Montana Department of Public Health and Human Services
Notice of Nondiscrimination
“As a recipient of federal financial assistance and a State or local government agency, Department of Public Health & Human Services does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, national origin, age, physical or mental disability, marital status, religion, creed, sex, sexual orientation, political belief, genetic information, veteran status, culture, social origin or condition, or ancestry in admission or access to, or treatment, or employment in, its programs, activities, or services, whether carried out by DPHHS directly or through a contractor or any other entity with which DPHHS arranges to carry out its programs and activities. Likewise, DPHHS will not tolerate discrimination or harassment because of a person’s marriage to or association with individuals in one of the previously mentioned protected classes.”
http://dphhs.mt.gov/NondiscriminationPolicy
Department of Public Health & Human Services (DPHHS)
Office of Human Resources Civil Rights/EEO Coordinator
PO Box 4210 Helena, MT 59604
Phone: (406) 444-3136
Fax: (406) 444-0262
V, TTY: (800) 833-8503
V, TTY: (406) 444-1335
https://dphhs.mt.gov/assets/ada/ComplaintResolutionForm.pdf
The Nebraska Department of Health and Human Services has policy based protections against discrimination on account of sex for anyone seeking to access services.
Nebraska has an ombudsman, the Public Counsel, but it is not specific to juvenile justice. Additionally Nebraska has a Office of the Inspector General of Nebraska Child Welfare.None known.
None known.
Nebraska Department of Health and Human Services
Notice of Nondiscrimination and Program Accessibility
“DHHS complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, sex, or disability in admission to its programs, services, or activities; in access to them; in treatment of individuals with disabilities; in provision of benefits, in its hiring or employment practices, or in any aspect of their operations.”
https://dhhs.ne.gov/Pages/Non-Discrimination-Notice.aspx
http://dhhs.ne.gov/Pages/Children-and-Family-Services.aspx
http://nebraskalegislature.gov/divisions/ombud-filing.php
https://dhhs.ne.gov/Pages/Non-Discrimination-Notice.aspx
https://dhhs.ne.gov/Pages/Protection-and-Safety-Grievance-Form.aspx
Office of the Inspector General of Nebraska Child Welfare
1225 L Street, Suite 300
P.O. Box 94604
Lincoln, Nebraska 68509-4604
Phone: (402) 471-4211
Toll-Free: (855) 460-6784
TDD: (402) 471-5087
Fax: (402) 471-4277
E-mail: oig@leg.ne.gov
http://oig.legislature.ne.gov/
Nevada has statutory and policy based protections against discrimination on account of sexual orientation and gender identity for youth in the child welfare system. Nevada has regulatory based protections against discrimination on account of sexual orientation and gender for youth the child welfare system.
The state requires that all child welfare workers making direct contact with children be trained in providing services to LGBTQ+ youth. Nev. Rev. Stat. Ann. § 432B.195(2), 424.0365(1)(h).
Nevada prohibits psychotherapists from providing “conversion therapy” to anyone under 18 years of age. The law defines conversion therapy as “any practice or treatment that seeks to change the sexual orientation or gender identity of a person.” Nev. Rev. Stat. Ann. § 629.600
Nevada has a child welfare “Systems Advocate.”
Nondiscrimination
Nev. Rev. Stat. Ann. § 432.525
Rights generally.
“A child placed in a foster home by an agency which provides child welfare services has the right:
(7) To be free from:
(e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to the human immunodeficiency virus.”
Nev. Admin. Code 424.450 Duties of foster home, foster parent and direct care staff: General requirements. (NRS 424.020)
"3. The foster home shall not discriminate on the basis of race, color, national origin, disability, religion, gender, age, marital status, political affiliation, sexual orientation or any other reason in accordance with the United States Constitution, the Civil Rights Act of 1964 and section 504 of the Rehabilitation Act of 1973."
Nevada’s Foster Youth Bill of Rights
“If you believe that your rights have been violated or that you are being treated differently because of your race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability or exposure to HIV, you have the right to have any violations resolved.”
http://dcfs.nv.gov/uploadedFiles/dcfsnvgov
http://dcfs.nv.gov/Programs/SA/
"To file a complaint please call using the numbers listed below:
In Las Vegas and Surrounding Area: Clark County Department of Family Services call 866-780-9541 or view the Ombudsman’s website
In Reno and Surrounding Area: Washoe County Human Services Agency call 775-337-4500 or email hsa-ombudsman@washoecounty.us
For all other Rural Counties: call 775-684-4453 or email systems.advocate@dcfs.nv.gov"
New Hampshire Department of Health and Human Services has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. New Hampshire's Foster Care Children's Bill of Rights statute does not have explicit protections against discrimination but does requires youth be treated with "courtesy and respect... without regard to... sexual orientation and gender identity"
The state prohibits persons licensed to provide counseling services from engaging in “conversion therapy” with anyone under 18 years of age. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity.” H.B. 587 (N.H. 2018), effective January 2019.
New Hampshire has a Department of Health and Human Services ombudsman and a Office of the Child Advocate.
N.H. Rev. Stat. Ann. § 170-G:21
Services for Children, Youth and Families: Foster Care Children's Bill of Rights.
"A child who is placed in a foster home or other out-of-home placement pursuant to a juvenile court proceeding under RSA 169-B, RSA 169-C, or RSA 169-D shall have the right or privilege:
V. To be treated with courtesy and respect by department staff, foster parents, residential staff, and providers without regard to race, ethnicity, sexual orientation, gender identity, religion, or disability and to participate in activities associated with his or her religious beliefs."
N.H. Code Admin. R. He-C 6450.23
Discipline
Appendix B: Foster Child Bill of Rights
“Every child in Foster Care has the inherent right:
Article the second ... to be nurtured by foster parents who have been selected to meet his individual needs, and who are provided services and supports, including specialized education, so that they can grow in their ability to enable the child to meet his potentiality.
Article the fifth ... to grow up in freedom and dignity in a neighborhood of people who accept him with understanding, respect, and friendship”
New Hampshire Department of Health and Human Services
Non-Discrimination Policy
“The New Hampshire Department of Health and Human Services, does not discriminate against people because of their age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief. There will be no discrimination in accepting or providing services, or the admission or access to, or treatment or employment in, any of the Department's programs or activities."
https://www.dhhs.nh.gov/about-dhhs/office-ombudsman/dhhs-non-discrimination-policy
New Hampshire Department of Health and Human Services
Office of the Ombudsman
129 Pleasant Street
Concord, New Hampshire 03301
Phone: (603) 271-6941
Toll-Free: (800) 852-3345
TDD Access: Relay NH (800) 735-2964
Fax: (603) 271-4632
Email: Ombudsman@dhhs.nh.gov
https://www.dhhs.nh.gov/about-dhhs/office-ombudsman
New Jersey has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity and gender expression for youth in the child welfare system. New Jersey Department of Children and Families has a policy specific to upholding the rights of LGBTQ+ youth in care and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the child welfare system.
The state prohibits counselors from imposing “sexual orientation change efforts” on anyone under the age of eighteen. The law defines sexual orientation change efforts as “the practice of seeking to change a person’s sexual orientation, including . . . efforts to change behaviors, gender identity, or gender expressions.” N.J. Stat. Ann. § 45:1-55.
New Jersey has a Department of Children and Families “Office of Advocacy.”
None known.
N.J. Admin. Code 3A:14-1.5
Nondiscrimination
“(b) Neither the Division nor any contract agency providing resource care services shall discriminate with regards to the licensing of a resource parent or to providing resource care in accordance with N.J.A.C. 10:122C-2.1(b)1, on the basis of age; disability; gender; religion; sexual orientation; parental status; or birth status, against:
1. Any person who requests information about becoming a resource parent;
2. A resource parent applicant;
3. A licensed resource parent;
4. A child needing placement in a resource home; or
5. A child placed in a resource home.”
N.J. Admin. Code 3A:11-1.4
Rights of applicants and clients
“(i) The Division shall not discriminate against an applicant or client on the basis of race; color; ethnicity; national origin; age; handicapping condition; gender; religion; marital, civil union, domestic partnership, parental or birth status; affectional or sexual orientation, as defined at N.J.S.A. 10:5-5hh; or gender identity or expression, as defined at N.J.S.A. 10:5-5rr.”
New Jersey Department of Children and Families Policy Manual
CP&P VI-B-1-500 LGBTQI Policy
"CP&P staff DCF contracted providers are prohibited from engaging in any form of discrimination, bias or harassment on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, marital status or partnership, mental or physical disability, gender identity or expression, sexual orientation, veteran status, alienage and citizenship status."
https://dcfpolicy.nj.gov/
(Select Manual and Search Policy)
New Jersey Department of Children and Families Policy Manual
CP&P I-A-1-100, CP&P Mission, Vision and Goals
“CP&P prohibits discrimination based on an individual’s sexual orientation, gender identity, or gender expression. The CP&P practice of inclusion extends to service delivery. Therefore, heterosexual, lesbian, gay, bisexual, transgender, questioning and intersexed youth are provided with equal access to all available services, including placement, care, and treatment.”
https://dcfpolicy.nj.gov/
(Select Manual and Search Policy)
New Jersey Department of Children and Families
CP&P X-A-1-5.44 Division of Child Protection and Permanency (CP&P)
Youth Bill of Rights: To Ensure the Rights of Each Child and Adolescent in Placement
"Your out-of-home placement shall not discriminate against you based on your age, race, color, national origin, disability, gender identity, gender expression, religion, or sexual orientation"
https://dcfpolicy.nj.gov/
(Select Manual and Search Policy)
http://www.nj.gov/dcf/about/divisions/oa/
New Jersey Department of Children and Families
Office of Advocacy
Toll-Free: (877) 543-7864
Email: askDCF@dcf.state.nj.us
http://www.nj.gov/dcf/about/divisions/oa/
New Mexico has regulatory and policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity and gender expression for youth in the child welfare system. Additionally, New Mexico has regulation regarding LGBTQ+ specific training for staff and foster parents and affirming placements.
The state prohibits the provision of “conversion therapy” to any person under the age of eighteen. The law defines conversion therapy as “any practice or treatment that seeks to change a person’s sexual orientation or gender identity.” N.M. Stat. Ann. § 61-1-3.3.
New Mexico has a Substitute Care Advisory Council that monitors the Children, Youth & Families Department (CYFD) and an Constituent Affairs Office.None known.
N.M. Admin. Code 8.10.8.10
Permanency Planning: Out of Home Placement
"When a child cannot safely remain in their home, PSD shall pursue legal custody of the child. When the court has determined it is contrary to the welfare of the child to remain in their home, PSD is awarded legal custody resource family to ensure the child’s safety and well-being. The placement of a child into foster care shall not be delayed or denied on the basis of the race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence; sexual assault, or stalking; or any other factor unrelated to suitability to parent.”
N.M. Admin. Code 8.26.5.15
Child Placement Agency Licensing Standards: Agency Operations
“B. Ethical operations: The agency operates in an ethical manner and according to any standards a relevant licensing board promulgates, including, but not limited to the following:
(5) Discrimination: Agencies who receive state or federal monies, shall not discriminate against applicants, clients, or employees based on race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity.”
N.M. Admin. Code 8.26.2.12
Placement Services: Roles and Responsibilities of Foster Parents
"E. Prohibited forms of discipline, for all children residing in the home, shall include, but are not limited to the following: corporal punishment such as shaking, spanking, hitting, whipping, or hair or ear pulling; isolation; race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence, sexual assault or stalking; and housing status, including homelessness; or any other factor. The child shall not be excluded from the resource family and shall not be threatened with exclusion from the resource home as punishment. The child shall not be locked in a room or closet.”
State of New Mexico Children, Youth, and Families Department
Nondiscrimination Policy Statement
"No child, youth, family or individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of provision of CYFD programs and services, including contract services and programs on the basis of: race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; medical condition, including HIV/AIDS; status as a survivor of domestic violence, sexual assault, or stalking; and housing status, including homelessness; or any other non-merit factor."
https://cyfd.org/docs/LGBTQIAEnglish.pdf
https://cyfd.org/youth-bill-of-rights-grievance-process
https://cyfd.org/docs/Resource_Family_Grievance_Form_final.pdf
N.M. Admin. Code § 8.14.20.15 Right of Grievance Complaint and AppealNew Mexico Children, Youth & Families
PO Drawer 5160
P.E.R.A. Room 254
Santa Fe, New Mexico 87502
Phone: (505) 827-7606
Fax: (505) 827-4053
Email: harry.montoya@state.nm.us
http://cyfd.org/about-cyfd/constituent-affairs
Substitute Care Advisory Council
PO Box 3204 Mesilla Park, NM 88047
Phone: 833-272-2255
Email: nm.crv@state.nm.us
http://www.scacnm.org/
New York has regulatory and policy based protections from discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the child welfare system. In addition, New York State’s Office of Children and Family Services has a policy specific to upholding the rights of LGBTQ+ youth in care. New York City’s Administration for Children and Families also has a detailed LGBTQ+ policy and additional guidelines for serving transgender and gender-nonconforming youth (see NYC-specific chart below).
The state requires that “no facility shall provide services to minor patients that are intended to change such minor’s sexual orientation or gender identity.” N.Y. Comp. Codes R. & Regs. tit. 14, § 527.8(d). Additionally, insurance law dictates that “[n]o policy or certificate shall provide coverage for conversion therapy rendered by a mental health professional to an individual under the age of 18 years.” N.Y. Comp. Codes R. & Regs. tit. 11, § 52.16(2).
New York has a child welfare ombudsman.
None known.
N.Y. Comp. Codes R. & Regs. tit. 18, § 441.24
Nondiscriminatory treatment.
“(a) Authorized agency staff and volunteers shall not engage in or condone discrimination or harassment against prospective foster parents, foster parents, or children in foster care or any family members being served by the agency, on the basis of race, creed, color, national origin, age, sex, religion, sexual orientation, gender identity or expression, marital status, or disability. Authorized agencies shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth; promptly investigate incidents of discrimination and harassment by staff, volunteers and youth; and take reasonable and appropriate corrective or disciplinary action when such incidents occur. Certified or approved foster parents shall not engage in discrimination or harassment against children in foster care or any family members being served by the agency, on the basis of race, creed, color, national origin, age, sex, religion, sexual orientation, gender identity or expression, marital status, or disability, and shall promote and maintain a safe environment.”
N.Y. Comp. Codes R. & Regs. tit. 18, § 423.4
Service provision requirements
“(m)(7) Staff and volunteers of agencies providing preventive services shall not engage in discrimination or harassment of families receiving preventive services on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Such agencies shall promote and maintain a safe environment, take reasonable steps to prevent discrimination by staff and volunteers, promptly investigate incidents of discrimination and harassment, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person's internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other means.”
N.Y. Comp. Codes R. & Regs. tit. 18, § 421.3
General requirements
“Authorized agencies providing adoption services shall:
(d) prohibit discrimination and harassment against applicants for adoption services on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability, and, shall take reasonable steps to prevent such discrimination or harassment by staff and volunteers, promptly investigate incidents of discrimination and harassment, and take reasonable and appropriate corrective or disciplinary action when such incidents occur.”
State of New York, Office of Children & Family Services, PPM 3442.00, Lesbian, Gay, Bisexual, Transgender and Questioning Youth (2008)
"All OCFS staff, volunteers and contract providers are prohibited from engaging in any form of discrimination against or harassment of youth on the basis of actual or perceived sexual orientation, gender identity, and gender expression."
https://www.nycourts.gov/ip/judicialinstitute/transgender/220U.pdf
State of New York, Office of Children and Family Services, 09-OCFS-INF-06, Promoting a Safe and Respectful Environment for Lesbian, Gay, Bisexual, Transgender, and Questioning Children and Youth in Out-of-Home Placement (Dec. 30, 2009)
http://on.ny.gov/2bRhew8
State of New York, Office of Children & Family Services
LGBTQ Sexual Orientation Series Booklet
https://ocfs.ny.gov/main/publications/Pub5090.pdf
https://ocfs.ny.gov/main/ombudsman/contact.php
New York State Office of Children and Families
Office of the Ombudsman
Phone: (888) 219-9818
Email: MyAllies@ocfs.ny.gov
52 Washington Street, 230N
Rensselaer, NY 12144
https://ocfs.ny.gov/main/ombudsman/
New York City Administration for Children’s Services has nondiscrimination policies specific to upholding the rights of LGBTQ+ youth in care and policy based protections on account of gender, sexual orientation, and gender identity. New York City has policy and guidelines for meeting the needs of transgender and gender-nonconforming youth in the child welfare system.
None known.
None known.
City of New York, Administration for Children’s Services, Promoting a Safe and Respectful Environment for LGBTQ Youth and their Families Involved in the Child Welfare, Detention and Juvenile Justice Systems (2012)
http://www1.nyc.gov/assets/acs/pdf/lgbtq/LGBTQ_Policy.pdf
City of New York, Administration for Children’s Services, Non-Discrimination – Youth and Families (2008)
"Children's Service's policy is not to discriminate based on an individual's actual or perceived race, color, creed, age, national origin, alienage, citizenship status, gender, gender identity, sexual orientation, disability, martial status or partnership status, ethnicity, or religion."
http://on.nyc.gov/2c9HaFa
City of New York, Administration for Children’s Services, Safe and Respected: Policy, Best Practices, & Guidance for Serving Transgender, Gender Expansive, & Nonbinary Children and Youth Involved in the Child Welfare, Detention, and Juvenile Justice Systems (2017)
https://www1.nyc.gov/assets/acs/pdf/lgbtq/SAFEAndRespectedUpdate061417.pdf
City of New York, Administration for Children's Services, Provision of Non-Medicaid Reimbursable (NMR) Treatment or Services for Youth in Foster Care (2015) https://www1.nyc.gov/assets/acs/pdf/lgbtq/14_12_16_NMR_signed_interim_policy.pdf
http://www1.nyc.gov/site/acs/index.page
http://www1.nyc.gov/site/acs/about/advocacy.page
New York City
Office of Advocacy/ACS Parents’ and Children’s Rights Unit
150 William Street - 18th Floor
New York, New York 10038
Phone: (212) 676-9421
Teletype for the hearing impaired: (212) 442-1447
http://www.nyc.gov/html/acs/html/advocacy/office_advocacy.shtml
The North Carolina Division of Social Services Administration for Children and Families has a detailed LGBTQ+ policy and additional guidelines for serving transgender and gender-nonconforming youth, although there is no explicit nondiscrimination requirement that includes protected classes. The North Carolina Department of Health and Human Services has policy based protections against discrimination on account of sex (or gender) for anyone seeking to access services.
N.C. Gen. Stat. Ann. § 131D-10.1
Foster Care Children’s Bill of Rights; purpose
“(a) It is the policy of this State to strengthen and preserve the family as a unit consistent with a high priority of protecting children's welfare. When a child requires care outside the family unit, it is the duty of the State to assure that the quality of substitute care is as close as possible to the care and nurturing that society expects of a family.”
10A N.C. Admin. Code 70E.1101
Client Rights
“(a) Foster parents shall ensure that each foster child:
(21) is provided supervision that is appropriate for the child's age, intelligence, emotional makeup, and experience[.]”
North Carolina Department of Health and Human Services
Notice Informing Individuals About Nondiscrimination and Accessibility Requirements
“The North Carolina Department of Health and Human Services complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. DHHS does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.”
https://www.ncdhhs.gov/about/department-initiatives
https://www.ncdhhs.gov/divisions/dss
North Carolina Department of Health and Human Services
101 Blair Drive
Raleigh, North Carolina 27603
Phone: (919) 855-4800
http://www.ncdhhs.gov
North Dakota has regulatory based protections against discrimination on account of sexual orientation for youth in the child welfare system. The Foster Care Handbook for Youth provides policy based protections against discrimination on account of gender and sexual orientation. North Dakota Department of Human Services has policy based protections from discrimination based on sex for anyone seeking to access services.
The state has a religious refusal law, which permits any child placing agency to refuse to “perform, assist, counsel, recommend, facilitate, refer, or participate in a placement violates the agency’s written religious or moral convictions or policies.” N.D. Cent. Code § 50-12-07.1.
None known.
N.D. Admin. Code 75-03-36-35
Foster care services related to child-placing agencies – Programs and services.
“2. The child-placing agency shall have a written intake, admission, and discharge policy. The written policy must include:
d. A requirement that the child-placing agency will provide services to a child referred to the child-placing agency’s care without discrimination on the basis of race, color, national origin, religion, or sexual orientation[.]”
North Dakota Department of Human Services
Children & Family Services Division
North Dakota Foster Care Handbook For Youth
“As a North Dakota Foster Youth, you have the right to:
Be treated fairly and without discrimination or put-downs because of your race, gender, age, sexual orientation, disabilities, or religious beliefs.”
https://www.nd.gov/dhs/info/pubs/docs/cfs/foster-youth-handbook.pdf
North Dakota Department of Human Services
Nondiscrimination Policy
“Discrimination means treating someone differently because of a particular characteristic such as race, color, sex, age, disability, or religion. North Dakota Department of Human Services (DHS) makes available all services and assistance without regard to race, color, sex, age, disability, national origin, religion, political beliefs, or status with respect to marriage or public assistance. These laws must be followed by persons who contract with or receive funds to provide services for DHS, including the state’s eight regional human service centers, the State Hospital, the Life Skills and Transition Center, and county social services.”
https://www.nd.gov/dhs/misc/nondiscrimination.html
https://www.nd.gov/dhs/services/childfamily/
North Dakota Department of Human Services
Appeals Supervisor, Legal Advisory Unit
600 E Boulevard Avenue, Dept. 325
Bismarck, North Dakota 58505-0250
Phone: (701) 328-2311
Toll-Free: (800) 472-2622
Email: dhslau@nd.gov
Ohio has regulatory and policy based protections against discrimination on account of sex, gender, “sexual identity” and sexual orientation for youth in the child welfare system. Additionally, the Ohio Foster Care Bill of Rights regulation includes protections against discrimination on account of gender identity
The state’s Bureau of Civil Rights accepts discrimination claims on the basis of race, color, national origin, religion, sex, political affiliation, disability or age. The Office of Constituent Affairs handles questions and concerns about a broad range of services provided by the state.
None known.
Ohio Admin. Code 5101:2-5-35
Foster youth bill of rights
“(A) No court, agency, resource caregiver, residential facility or any employee, volunteer, intern or subcontractor of an agency, court or residential facility is to in any way violate any of the following rights of children:
(1) The right to be free from physical, verbal, and emotional abuse and inhumane treatment.
(3) The right to receive timely and consistent access to:
(c) Clothing appropriate to the child's age and gender identity. This includes the right to participate and provide input regarding the selection of their clothing.
(6) The right to visitation and communication with parents, siblings, other family members, non-related kin, friends and significant others from whom they are living apart, in accordance with the child's service or case plan.
(9) The right to receive timely, adequate, and appropriate medical care, dental services, vision care, and mental health services. This includes the right to have appointments scheduled and be transported to these appointments.
(10) The right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion.
(12) The right to communicate with family, friends and ‘significant others’ from whom he or she is living apart, in accordance with the child's service or case plan.
(15) The right to protection against being discriminated against or harassed on the basis of race, sex, gender, gender identity, sexual orientation, disability, religion, color or national origin.”
Ohio Admin. Code 5101:2-7-09
Care, supervision and discipline
“(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, gender, sexual identity, sexual orientation, religion, color or national origin ...
(D) A foster caregiver shall not subject a foster child to verbal abuse or swearing; to derogatory remarks about foster children and their families, race, sex, gender, sexual identity, sexual orientation, religion, color or national origin; or to threats of physical violence or removal from the foster home ...
(N) Concerning the hygiene needs of a foster child, the foster caregiver shall:
(1) Ensure that:
(a) Each foster child's clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child’s age and gender identity.
(b) Each foster child capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race and national origin.
(2) Provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child’s age, sex, gender, sexual identity, sexual orientation, race, national origin and need for training.”
Department of Job and Family Services: Family, Children and Adult Services Manual: Foster Care Licensing
5101:2-7-09 Care, Supervision and Discipline
"(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, gender, sexual identity, sexual orientation, religion, color or national origin ....
(N) Concerning the hygiene needs of a foster child, the foster caregiver shall:
(1)Ensure that:
(a)Each foster child's clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child's age and gender identity.
(b)Each foster child capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child's age, sex, gender, sexual identity, sexual orientation, race and national origin.
(2 )Provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child's age, sex, gender, sexual identity, sexual orientation, race, national origin and need for training."
https://emanuals.jfs.ohio.gov/FamChild/FCASM/FosterCareLic/5101-2-7-09.stm
http://jfs.ohio.gov/ocf/index.stm
Ohio Department of Job and Family Services
Office of Legislation: Constituent Services
30 East Broad Street,
32nd Floor
Columbus, Ohio 43215-3414
Phone: (614) 466-2100
TTY/TDD number (614) 752-3951
http://jfs.ohio.gov/oleg/
Oklahoma has regulatory based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. The Oklahoma Department of Human Services has policy based protections against discrimination on account of sex.
The state has a religious refusal law, which permits any private child placing agency to “perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.” Okla. Stat. Ann. tit. 10A, § 1-8-112
The Oklahoma Department of Human Services has a Foster Child Ombudsman, a Foster Parent Ombudsman, and an Office of Client Advocacy.
None known.
Okla. Admin. Code 340:1-11-14
Oklahoma Department of Human Services (DHS) responsibility to contractors, vendors, and sub-grantees
“(a) DHS requires its contractors, vendors, and sub-grantees to comply per Oklahoma Administrative Code (OAC) 340:1-11-1. Contractors, vendors, and sub-grantees are informed that compliance with OAC 340:1-11-1 is a condition of the initial or continued participation in any part of the programs in which they are involved. In each DHS-written authorization for the purchase of services, a requirement is included stipulating the services are rendered without regard to race, color, religion, sex, national origin, or disability, age, or genetic information.”
Okla. Admin. Code 340:75-7-38
Discipline for the child in Oklahoma Department of Human Service (OKDHS) custody placed in foster family care
“(c) Teaching techniques.
. . .
(5) Punishment. Unacceptable behavior management methods and techniques promote negative behavior, are punitive, and do not promote self-control. Unacceptable behavior management techniques for the child include, but are not limited to:
. . .
(G) derogatory remarks about the child, the child’s biological family, race, religion, or cultural background[.]”
Oklahoma Department of Human Services
Web Site Policies: Non-Discrimination Statement
“OKDHS does not discriminate based on race, color, sex, age, disability, national origin, religion, or political opinion or affiliation.”
https://oklahoma.gov/okdhs/notices/nondisc.html
http://www.okdhs.org/services/cws/Pages/default.aspx
Oklahoma Department of Human Services
Office of Client Advocacy
Phone: (405) 522-2720
Fax: (405) 522-2680
PO Box 25352
Oklahoma City, Oklahoma 73125-0352
https://oklahoma.gov/okdhs/contact-us/ocahome.html
Oregon has regulatory based protections from discrimination on account of sexual orientation, gender identity and gender expression for youth in the child welfare system. Oregon has policy based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. Oregon’s “Foster Children Bill of Rights,” found in agency policy, gives youth the right to “determine and express [their] gender and sexual identity for [themselves].” Additionally, Oregon's Foster Home Certification regulation has provisions requiring that gender identity and expression be respected in providing youth with adequate clothing and sleeping arrangements.
The state prohibits mental health care professionals from practicing “conversion therapy” on recipients under 18 years of age. The law defines conversion therapy as “providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity.” Or. Rev. Stat. Ann. § 675.850.
Oregon has a Foster Care Ombudsman and Governor’s Advocacy Office (ODHS Ombuds).
None known.
Oregon Administrative Rules 413-215-0031
Department of Human Services, Child Welfare Services
Licensing Umbrella Rules: Respect of Children in Care
"A child-caring agency must respect the race, spiritual beliefs, sexual orientation, gender identity
and gender expression, disabilities, national origin, and cultural identities of a child in care, and
provide opportunities to enhance the positive self-concept and understanding of the child in care."
Oregon Administrative Rules 413-200-0308
Department of Human Services, Child Welfare Services
Personal Qualifications of Applicants and Certified Resource Families
"(2) Applicants must ... (k) Respect, accept and support the race, ethnicity, cultural identities, national origin, immigration status, sexual orientation, gender identity, gender expression, disabilities, spiritual beliefs, and socioeconomic status, of a child or young adult in the care or custody of the Department, and provide opportunities to enhance the positive self-concept and understanding of the child or young adult's heritage"
Oregon Administrative Rules 413-200-0358
Requirements Regarding the Discipline of a Child or Young Adult
"(2) The certified resource family must not do any of the following to a child or young adult in the care or custody of the Department placed in the home: (f) Use derogatory remarks about the child or young adult, or the family characteristics, physical traits, culture, ethnicity, language, immigration status, sexual orientation, gender identity and expression, or traditions of the child or young adult."
Oregon Administrative Rules 413-215-0316
Department of Human Services, Child Welfare Services
Foster Care Agencies: Assessment and Approval of Proctor Foster Homes
"(3) The foster care agency must complete a written home study that includes all of the following information:
(A) For all members of the household age 18 and over; and
(q) The proctor foster home applicant's ability to respect the spiritual beliefs, sexual orientation, gender identity and gender expression, disabilities, national origin, cultural identity, and socioeconomic background of each child in care, and provide opportunities to enhance the positive self-concept and understanding of the heritage of the child in care."
Oregon Administrative Rules 413-200-0352
Foster Home Certification: Requirements for the Care of Children and Young Adults
"(1) Work cooperatively with the Department, to support the case plan and meet the needs of the child or young adult in the care or custody of the Department placed with the certified resource family including, but not limited to:
(d) Adequate clothing that is age-appropriate and meets the cultural and gender identity and gender expression of the child or young adult."
Oregon Administrative Rules 413-200-0335
Foster Home Certification: Standards Regarding the Home Environment
"(a) Department staff must consider the age, gender, gender expression, and gender identity, culture, special needs, behavior, and history of abuse of the child or young adult in the care or custody of the Department, when determining appropriate sleeping arrangements."
Oregon Department of Human Services: Office of Child Welfare Programs
Policy No. I-A.1, Client Rights – Policy
“Discrimination Prohibited. No individual shall, on the grounds of race, color, national origin, religion, marital status, gender, sex, sexual orientation, age, citizenship, political affiliation, language or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under programs and activities for which the Oregon Department of Human Services (ODHS) has responsibility. This same policy of non-discrimination is equally applicable to all Department contract providers,
grantees, agents and providers of services funded in whole or in part with federal funds.”
http://www.dhs.state.or.us/policy/childwelfare/manual_1/I-A.1.pdf
Oregon’s Foster Children’s Bill of Rights
“As a child or youth in foster care, I have the right:
. . .
To determine and express my gender and sexual identity for myself.”
https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/de9014a.pdf
http://www.oregon.gov/DHS/children/Pages/index.aspx
Oregon Foster Care Ombudsman
500 Summer St. NE E-17
Salem, Oregon 97301
Phone: (855) 840-6036
Fax: (503) 378-6532
Email: fco.info@odhsoha.oregon.gov
https://www.oregon.gov/dhs/ABOUTDHS/Pages/foster-care-ombuds.aspx
Pennsylvania has statutory based protections against discrimination on account of gender for youth in the child welfare system. Pennsylvania has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system in the context of residential facilities.
11 Pa. Stat. Ann. § 2633
Children in foster care
“Children in foster care shall be provided with the following:
(1) Treatment with fairness, dignity and respect.
(2) Freedom from discrimination because of race, color, religion, disability, national origin, age or gender.
(3) Freedom from harassment, corporal punishment, unreasonable restraint and physical, sexual, emotional and other abuse.
. . .
(12) An environment that maintains and reflects the child’s culture as may be reasonably accommodated.”
55 Pa. Code § 3800.32
Child Residential and Day Treatment Facilities: Child Rights
Specific rights.
“(a) A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.”
None known.
https://www.dhs.pa.gov/Services/Children/Pages/Child-Welfare-Services.aspx
https://www.dhs.pa.gov/contact/Pages/Feedback.aspx
Pennsylvania Department of Human Services
Regional Children Youth and Families Offices
https://www.dhs.pa.gov/Services/Assistance/Pages/Regional-OCYF-Offices.aspx
Puerto Rico has regulatory protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. Puerto Rico also has regulatory protections against discrimination on account of sex in adoption services.
None known.
PR Reg. Family Department 9147
Regulation to Amend Regulation No. 8319, Regulations of the Law for the Safety, Welfare and Protection of Minors.
“The applicability of this Regulation shall not discriminate on grounds of social status, birth, race, color, age, sex, sexual orientation, identity of gender, national origin, disability, political or religious ideology, or any other discriminatory ground.”
None known.
None known.
Rhode Island has statutory, regulatory, and policy based protections against discrimination on account of sex (regulation and policy), gender (statute and policy), sexual orientation, gender identity and gender expression for youth in the child welfare system. The Rhode Island Department of Children, Youth and Families has a nondiscrimination policy specific to upholding the rights LGBTQ+ youth in the child welfare system.
The state prohibits engaging in “conversion therapy efforts” with anyone younger than eighteen. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity.” 23 R.I. Gen. Laws Ann. §§ 23-94-2-4.
Rhode Island has an Office of the Child Advocate.
R.I. Gen. Laws 42-72-15
Children’s bill of rights
“(q) No child shall be discriminated against on the basis of race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability, or by association with an individual or group who has, or is perceived to have one, or more of such characteristics.”
214 R.I. Code R. 40-00-4.1.2
Department of Children, Youth, and Families: Licensing: Residential Child Care Regulations for Licensure
"F. The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses."
Rhode Island Department of Children, Youth and Families, Sexual Orientation, Gender Identity and Expression (Nov. 10, 2016)
"The Rhode Island Department of Children, Youth and Families (hereinafter, the Department) strictly prohibits discrimination on the basis of actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or disability or by association with an individual or group who has or is perceived to have one or more of such characteristics. The Department requires staff and service providers to respect the dignity of lesbian, gay, bisexual, transgender, queer, questioning and intersex (hereinafter, LGBTQQI) youth. The Department, its staff, providers, interns and/or volunteers offer services and interventions to youth without regard to actual or perceived sexual orientation, gender identity or expression. LGBTQQI youth receive fair and equal treatment in a professional and confidential manner based on Department policy, state and federal law and regulation and principles of sound professional practice, including culturally competent mental health and medical care. LGBTQQI youth are protected from verbal, physical and/or sexual harassment or assault based on actual or perceived sexual orientation, gender identity or expression."
DCYF Policies and Operating Procedures, Select the Policy's Title on the Menu
Rhode Island Office of the Child Advocate
6 Cherrydale Court. Cottage 43
Cranston, RI 02920
Phone: (401) 462-4300
Fax: (401) 462-4305
http://www.child-advocate.ri.gov/index.php
South Carolina has regulatory based protections against discrimination on account of sex for anyone seeking to access services. South Carolina Department of Social Services Human Services has policy based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system.
In 2018, the governor issued an executive order directing that “DSS shall not deny licensure to faith-based [child placing agencies] solely on account of their religious identity and sincerely held religious beliefs” and directing DSS “to review and revise its policies and manuals in accordance with this Order and ensure that DSS does not directly or indirectly penalize religious identity or activity[.]” S.C. Exec. Order No. 2018-12 (Mar. 13, 2018).
South Carolina has a Department of Children's Advocacy and not child welfare-specific Office of Ombudsman.
None known.
S.C. Code Regs. 114-200
Department of Social Services: Civil Rights: Definitions
“E. Discrimination - to deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by the Department.”
S.C. Code Regs. 114-210
Department of Social Services: Civil Rights: Non-Discriminatory Practices
“B. The Department shall not, directly or through contractual, licensing, or other arrangements:
1. Deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by it;
2. Aid or perpetuate unlawful discrimination against a client by contracting with, licensing, or otherwise utilizing providers who discriminate on the basis of race, color, national origin, qualified disability, sex, age, religion, political beliefs, or other unlawful basis.”
South Carolina Department of Social Services
SCDSS Children and Youth in Foster Care Bill of Rights
“I have the right to:
1. Be treated as a normal and important human being.
2. Be cared for with love and affection.
3. Be provided adequate food, shelter and clothing.
4. Be heard and involved with the decisions of my life.
. . .
17. Be cared for without regard to race, color, national origin, sex, religion or disability.”
https://dss.sc.gov/resource-library/forms_brochures/files/30163.pdf
South Carolina Department of Social Services
Civil Rights
“The Office of Civil Rights (OCR) is responsible for ensuring that the civil rights of our clients are not violated by DSS. To further that purpose, OCR works to ensure that all of our programs are accessible to our clients... OCR also handles any discrimination claims, based on a protected class, brought by a client. Protected classes, as defined by federal law, include: age, color, national origin, political beliefs, race, religion, or sex.”
https://dss.sc.gov/about/individual-and-provider-rightscivil-rights/
South Carolina Department of Children's Advocacy
1205 Pendleton Street, Suite 471A
Columbia, SC 29201
Phone: 803-734-3176
Toll Free Complaint Line: 1-800-206-1957
https://childadvocate.sc.gov/
South Dakota Department of Social Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.
The state has a religious refusal law, which provides, "broad protection of free exercise of religious beliefs and moral convictions." Additionally, the law mandating that child-placement agencies cannot be required to provide services "that conflicts with sincere written religious policy" and the state may not take adverse action against child-placement agencies for doing so. (S.D. Codified Laws § 26-6-36 - § 26-6-50).
None known.
None known.
South Dakota Department of Social Services
Notice of Nondiscrimination
“As a recipient of Federal financial assistance and a State or local governmental agency, the Department of Social Services (DSS) does not exclude, deny benefits to or otherwise discriminate against any person on the ground of race, color, or national origin, or on the basis of disability or age in admission or access to, or treatment or employment in, its programs, activities or services, whether carried out by DSS directly or through a contractor or any other entity with which DSS arranges to carry out its programs and activities; or on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation or disability in admission or access to, or treatment or employment in, its programs, activities or services when carried out by DSS directly or when carried out by sub-recipients of grants issued by the United States Department of Justice, Office on Violence against Women.”
https://dss.sd.gov/keyresources/discrimination.aspx
http://dss.sd.gov/keyresources/legal/grievance.aspx
Discrimination CoordinatorNone known.
Tennessee has statutory based protections against discrimination on account of sex for youth in the child welfare system. The Tennessee Department of Children’s Services “Clients Rights Handbook” provides policy based protections against discrimination while receiving services on account of gender, sexual orientation and “sexual identity” for youth in the child welfare system. In addition, Tennessee has a policy specific to upholding the rights of LGBTQ+ youth in care.
The state has a religious refusal law, which states that, "no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies" Tenn. Code Ann. § 36-1-147.
Tenn. Code Ann. § 37-5-116
Department of Children's Services: General Provisions: Nondiscrimination
"No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children's services. This shall include, but not be limited to, contracts for services, employment or services to consumers."
None known.
Tennessee Department of Children’s Services, Administrative Policies and Procedures
20.20 Guidelines for Managing Children/Youth in DCS Custody Related to Sexual Orientation, Gender Identity and Expression
DCS is committed to providing all youth and families served a safe, healthy, inclusive, and affirming environment. ALL DCS employees and persons are prohibited from discrimination on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, mental or physical disability, gender identity, gender expression, sexual orientation, and alien/citizenship status. DCS shall provide services to all children/youth to ensure safety and well-being, to promote dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation, and to protect their civil rights consistent with State and Federal laws including youth who identify as lesbian, gay, bisexual, transgender, and intersex.
https://files.dcs.tn.gov/policies/chap20/20.20.pdf
Tennessee Department of Children’s Services
Clients Rights Handbook
“You have the right to:
Available services, regardless of your age, race, ethnicity, gender, religious or political affiliation, sexual orientation, sexual identity, physical or mental disability, or infectious disease, and the right to referral, as appropriate, to other service providers.”
https://files.dcs.tn.gov/policies/chap31/ClientsRightsHandbook.pdf
Russette Marcum-Embry
TCCY Ombudsman Program Director
Phone: 615-532-1589
Email:
russette.marcum-embry@tn.gov
https://www.tn.gov/tccy/programs0/ombuds.html
The Texas Department of Family and Protective Services has policy based protections against discrimination on account of sex for youth in the child welfare system.
The state has a religious refusal law, which codified that "a governmental entity or any person that contracts with this state or operates under governmental authority to refer or place children for child welfare services may not discriminate or take any adverse action against a child welfare services provider on the basis, wholly or partly, that the provider: (1) has declined or will decline to provide, facilitate, or refer a person for child welfare services that conflict with, or under circumstances that conflict with, the provider's sincerely held religious beliefs" Tex. Hum. Res. Code Ann. § 45.004
Texas has a Foster Care Ombudsman
None known.
https://www.dfps.state.tx.us/Contact_Us/Questions_and_Complaints/complaints.asp
https://hhsportal.hhs.state.tx.us/heartwebextr/public/assignment_hhsc_fco?methodToCall=loadExternalAssignmentTexas Department of Health and Human Services Commission
Foster Care Ombudsman
P.O. Box 13247
Austin, TX 78711-3247
Phone: (844) 286-0769
RT: 800-735-2989
Fax: (888) 780-8099
https://www.hhs.texas.gov/about-hhs/your-rights/office-ombudsman/hhs-ombudsman-foster-care-help
Utah has regulatory based protections from discrimination on account of sex and sexual orientation for youth in the child welfare system. Utah Department of Health and Human Services: Division of Child and Family Services has policy based protections against discrimination on account of sexual orientation, gender, gender identity, and gender expression for youth in the child welfare system and a policy specific to upholding the rights of LGBTQ+ youth in care.
Utah has regulation banning Conversion Therapy - “Unprofessional conduct includes: (2) (a) providing conversion therapy to a patient or client who is younger than 18 years old" However, this, "does not apply to: (i) a clergy member or religious counselor who is acting substantially in a pastoral or religious capacity and not in the capacity of a mental health therapist; or (ii) a parent or grandparent who is a mental health therapist and who is acting substantially in the capacity of a parent or grandparent and not in the capacity of a mental health therapist" Utah Admin. Code R156-60-502
Utah has an Office of Child Protection Ombudsman.
None known.
Utah Admin. Code R501-12-13
Foster Child's Rights in Foster Care.
“(1) Foster parents shall not violate a foster child’s right to:
. . .
(f) be protected from discrimination based upon the foster child's race, color, national origin, culture, religion, sex, sexual orientation, age, political affiliation, or disability”
Utah Department of Health and Human Services: Division of Child and Family Services
Out-of-Home Services, Practice Guidelines
300.5, Safety for Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth
"Major objectives:
All children and youth, regardless of gender identity, gender expression, and/or sexual orientation(GI/GE/SO), need to feel safe in their surroundings in order for positive child and/or youth development outcomes to occur. Child and Family Team members will promote the positive development of all children and youth by demonstrating respect for all children and youth, reinforcing respect for differences, encouraging the development of healthy self-esteem, and helping all children and youth manage the stigma sometimes associated with difference...
D. Expectations for Out-of-Home Placement:
1. Any out-of-home placement, whether it be with foster, adoptive, or birth parents, will affirm every child’s sexual orientation, gender identity, or gender expression, treat them with respect and dignity, and work to ensure their overall well-being."
https://www.powerdms.com/public/UTAHDHS/documents/274994
https://hs.utah.gov/commitment-to-civil-rights
Department of Human Services
Executive Director’s Office – 4th Floor
195 North 1950 West
Salt Lake City, UT 84116
TTY only: (801) 538-4187 or Utah Relay 711
Email: dhscivilrightscomplaint@utah.gov
Utah Department of Human Services
Office of Child Protection Ombudsman
Phone: (801) 538-4589
Email: ocpo@utah.gov
https://dcfs.utah.gov/contact-us/
Vermont has Agency of Human Services policy based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for anyone seeking to access services. In addition, Vermont’s Department for Children and Families, Family Services Division has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and policy specific to upholding the rights of LGBTQ youth in care. Vermont has regulatory requirements for Residential Treatment Programs to provide "humane conditions with respect for their dignity and privacy... [and] gender specific, culturally competent and linguistically appropriate service."
Vermont prohibits mental health care providers from practicing “conversion therapy” on minors under 18 years of age. The law defines conversion therapy as any practice that “seeks to change an individual’s sexual orientation or gender identity.” Vt. Stat. Ann. tit. 18 § 8351-8353.
None known.
Vt. Admin. Code 12-3-103:3.4
Non-Discriminatory Enrollment
"The FCCP shall not deny a child's entry into the program because of race, creed, color, national origin, religion, disability, gender or the parents marital status or gender identification."
Vt. Admin. Code 12-3-508:200
Licensing Regulations for Residential Treatment Programs: General Provisions
“201 A Residential Treatment Program shall ensure children/youth the following rights:
• to be served under humane conditions with respect for their dignity and privacy;
. . .
• to receive gender specific, culturally competent and linguistically appropriate service[.]”
Vermont Department for Children and Families, Family Services Policy Manual 76, Supporting and Affirming LGBTQ Children & Youth
"All division staff are prohibited from engaging in any form of discrimination or bias based on sex, sexual orientation, gender identity, gender expression, or marital status or partnership."
https://outside.vermont.gov/dept/DCF/Shared%20Documents/FSD/Policies/Policy76.pdf
Vermont Department for Children and Families
C Nondiscrimination Policy/Grievance Policy
“[DCF does] not discriminate in the administration of our programs, services, or activities nor do we exclude any individual from participation in our programs, services, or activities based on race, creed (religion), color, national origin, marital status, sex, sexual orientation, gender identity, age, disability, or political beliefs.”
https://outside.vermont.gov/dept/DCF/Shared%20Documents/About/Nondiscrimination-Policy.pdf
State of Vermont Agency of Human Services (AHS)
Chapter/Number 1.11, Non-Discrimination regarding receipt of services and benefits (May 13, 2009, Revised October 2020)
“We do not discriminate in the administration of our programs, services, or activities, nor do we exclude any individual from participation in our programs, services, or activities based on race, religion, color, national origin, genetic information, marital/familial status, sex, sexual orientation, gender identity, age, pregnancy status, place of birth, crime victim status, military, veteran status, disability, or any other protected status.”
https://humanservices.vermont.gov/sites/ahsnew/files/1.11%20Nondiscrimination%20Policy
%20-%20Grievance%20Policy.pdf
https://dcf.vermont.gov/contacts/concerns/voice
VT Consumer Concerns Team- Commissioner's Office, Department for Children and Families
280 State Drive, HC 1 North,
Waterbury, VT 05671-1080
Phone: (802) 241-0925
Email: AHS.DCFConsumerConcerns@vermont.gov
https://outside.vermont.gov/dept/DCF/Shared%20Documents/About/Nondiscrimination-Policy.pdf
The Virginia Department of Social Services has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. Virginia Department of Social Services has LGBTQ+ specific foster care policy that includes guidelines for serving transgender and gender-nonconforming youth. Virginia Department of Social Services also has policy prohibiting discrimination on account of sex in USDA programs.
The state has a religious refusal law, which permits any “private child-placing agency” to refuse to “participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency’s written religious or moral convictions or policies.” Va. Code Ann. § 63.2-1709.3.
Virginia has an Office of the Children’s Ombudsman.
None known.
22 Virginia Admin. Code 40-211-80.
Standards of care for continued approval.
"A. The provider shall provide care that does not discriminate on the basis of race, color, sex, national origin, age, religion, political beliefs, sexual orientation, disability, or family status."
Virginia Department of Social Services
Child and Family Services Manual
17.14 Working with Lesbian, Gay, Bi-sexual, Transgender, Questioning (LGBTQ) youth in foster care
"All youth in foster care deserve to be treated with dignity and respect and be placed in an affirming environment that will support safety,
permanency, and well-being."
https://www.dss.virginia.gov/files/division/dfs/fc/intro_page/guidance_manuals/
Virginia Department of Social Services
Department for Aging and Rehabilitative Services
Auxiliary Grant Program, Administrative Issues
“The Virginia Department of Social Services requires that all individuals be assured of the uniform application of procedures in determining eligibility for services and financial assistance. There must be no discrimination against applicants or participants in any aspect of program administration for reasons of age, race, color, sex, disability, marital/family status, religion, national origin, or political beliefs.”
https://www.dss.virginia.gov/files/division/bp/fs/manual/P1.pdf
Virginia Department of Social Services
Civil Rights Policy & Procedures
“The Virginia Department of Social Services (VDSS) and local social services offices, in accordance with Federal law and U.S. Department of Agriculture (USDA) policy is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, religion or political beliefs.”
http://www.dss.virginia.gov/about/civil_rights/
The Office of the Children’s Ombudsman
Phone: (804)225-4801
complaints@oco.virginia.gov
https://www.oco.virginia.gov/
Washington has regulatory and policy based protections against discrimination on account of sex, sexual orientation, and gender identity in the child welfare system. The Washington Department of Children, Youth, and Families has policy prohibiting discrimination on account of sex, sexual orientation, gender identity, and gender expression. The Washington State Department of Children, Youth, and Families also has LGBTQ+ specific policy that includes guidelines for serving transgender and gender-nonconforming youth.
State law prohibits “the following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter: (27) Performing conversion therapy on a patient under age eighteen." Wash. Rev. Code Ann. § 18.130.180. Conversion therapy is defined as “a regime that seeks to change an individual’s sexual orientation or gender identity.” S.B. 5722, 65th Leg. (Wash. 2018).
Washington has a Family and Children’s Ombuds.
None known.
Wash. Admin. Code 110-145-1710
Licensing requirements for group care facilities.
What are the requirements about nondiscrimination?
“(1) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care.
(2) You must support and engage foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.
(3)You must connect a child with resources that supports the child’s needs regarding race, religion, culture, and SOGIE.”
Wash. Admin. Code 110-147-1595
Licensing requirements for child placing agency and adoption services.
What are the requirements about nondiscrimination?
“(1) You must follow all state and federal laws regarding non-discrimination while providing services to children in your care.
(2) You must support and engage foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, religion, culture, or SOGIE. You must connect a child with resources that supports and affirms their needs regarding race, ethnicity, religion, culture, and SOGIE.”
Wash. Admin. Code 110-148-1520
Licensing requirements for child foster homes.
What services am I expected to provide for children in my care?
“(6) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care. You must support and engage with foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.”
Washington Department of Children, Youth, and Families
6900. Supporting LGBTQ+ Identified Children and Youth
"A child or youth who identifies as LGBTQ+ will not be subjected to discrimination or harassment on the basis of actual or perceived sex, sexual orientation, gender identity or gender expression."
https://www.dcyf.wa.gov/6000-operations/6900-supporting-lgbtq-identified-children-and-youth
Washington State Department of Social and Health Services
Promoting Safety for Lesbian, Gay, Bisexual, Transgender, and Questioning People
https://www.dshs.wa.gov/sites/default/files/publications/documents/22-1511.pdf
Washington State Office of the Family and Children’s Ombuds
6840 Fort Dent Way, Suite 125
Tukwila, WA 98188
Phone: (206) 439-3870
Toll-Free: (800) 571-7321
Fax: (206) 439-3877
https://ofco.wa.gov/
West Virginia has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. The West Virginia Department of Health and Human Resources has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. The West Virginia Bureau for Children and Families has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the child welfare system. These protections are also referenced in the Bureau for Children and Families Juvenile Justice policy.
West Virginia has a Foster Care Ombudsman.
None known.
W. Va. Code St. R. 78-2-9
The Child’s and The Child’s Family’s Basic Rights.
“9.1. For the child and the child’s biological family, an agency shall ensure the following rights:
9.1.a. Equal access to services regardless of age, marital status, race, religion, ethnicity, gender, disability, or sexual orientation[.]”
West Virginia Department of Health and Human Resources
Bureau for Children and Families: Foster Care Policy
9.1 Nondiscrimination
"As a recipient of Federal financial assistance, the Bureau for Children and Families (BCF) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion or creed in admission to, participation in, or receipt of the services and benefits under any of its programs and activities, whether carried out by BCF directly or through a contractor or any other entity with which BCF arranges to carry out its programs and activities."
https://dhhr.wv.gov/bcf/policy/Documents/Foster%20Care%20Policy%20June%202021%20(4)
West Virginia Department of Health and Human Resources
Bureau for Children and Families: Youth Services Policy
1.2 Philosophical Principles
“Effective intervention requires that Youth Services respond in a non-punitive noncritical manner
and offer help in the least intrusive way possible. Children and Families shall be treated with
dignity and respect by the child welfare staff and all providers of service working with them. It is
the Child Welfare System’s responsibility to ensure the rights of children and families being
served are protected. In doing so, Child Welfare workers (including Youth service workers, Child Protective Workers, & any agency contracted by the DHHR) shall not assume all children in care
are heterosexual, cis-gender or gender-conforming and will treat Lesbian, Gay, Bisexual,
Transgender, Questioning, and Intersex (LGBTQI) Youth with respect and competence. They
will also adhere to State and Federal Laws related to LGBTQI Youth.
All professionals in state and local child welfare systems have an obligation to understand and
adhere to the federal laws that protect the families and children in the communities they serve. Decisions made by Child Welfare Workers, (including Youth Service Workers, Child Protective
Service Workers, & any agency contracted by the DHHR) should be made without intentional or
unintentional discrimination. This includes discriminating on the basis of age, race, color, sex,
mental or physical disability, religious creed, national origin, sexual orientation, political beliefs
and limited proficiency in speaking, reading, writing or understanding the English language...
https://dhhr.wv.gov/bcf/Pages/default.aspx
Bureau for Children and Families: Youth Services Policy
11.3 Complaint Procedure and Due Process Standards
https://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20January%202021.pdf
West Virginia Department of Health and Human Resources
Office of Human Resource Management
EEO/Civil Rights Officer
Phone: (304) 558-3313
Fax: (304) 558-6051
Email: DHHRCivilRights@WV.Gov
West Virginia Department of Health and Human Resources
Office of Client Services
350 Capital Street - Room 513
Charleston, West Virginia 25301
Toll-Free: (800) 642-8589
http://dhhr.wv.gov/bcf/Services/Documents/Client%20Services%20Phamplet%20v4.0.pdf
Foster Care Ombudsman
Pamela M. Woodman-Kaehler
State Capitol Complex
Building 6, Room 817-B
Charleston, WV 25305
Phone: (304) 558-1117
Fax: (304) 558-1992
http://www.wvdhhr.org/oig/fco.html
Wisconsin has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the child welfare system. The Wisconsin Department of Children and Families has policy based protections against discrimination on account of sex for anyone seeking to access services. Chapter 3 of the state’s Foster Parent Handbook contains a section on working with LGBTQ+ youth.
Wisconsin has a civil rights complaint procedure within the Department of Children and Families.
None known.
Wis. Admin. Code DCF § 56.09
Care of foster children.
“(1) Principles for Nurturing Care. The foster parent shall provide nurturing care to each child placed in a foster home. Nurturing care is care that does all of the following:
. . .
(e) Does not discriminate against the child because of the child’s race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.”
Wis. Admin. Code DCF § 52.11
Residential Care Centers for Children and Youth: Subchapter II - Administration
Licensee Responsibilities
“(24) Non-Discrimination. Ensure that the residential care center does not discriminate against a resident based on the resident’s race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.”
Wis. Admin. Code DCF § 54.04
Child-Placing Agencies
Social services.
“(1) General Requirements.
(a) The agency shall provide services to children who need and seek its care without discrimination on the basis of race or cultural identification, sex, sexual orientation, age, creed, ancestry, disability, political affiliations, religious beliefs, color, or national origin.”
Wis. Admin. Code DCF § 57.05
Group Homes: Subchapter I - General Provisions
Group home program and policies.
“(1) Program Statement. Each group home shall have a written program statement that shall include all of the following:
. . .
(f) A non-discrimination statement that indicates that the group home does not discriminate against a resident because of race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.”
State of Wisconsin Foster Parent Handbook, Chapter 3, Caring for Children in Foster Care, pp.46-47, Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth (2019)
https://dcf.wisconsin.gov/files/publications/pdf/5000chapter3.pdf
“RECIPIENT HEREBY AGREES THAT IT WILL COMPLY WITH ALL APPLICABLE FEDERAL CIVIL RIGHTS LAWS:
Federal civil rights laws prohibit discrimination of members, applicants, enrollees, and beneficiaries in any programs or activities that receive Federal financial assistance. Those laws include, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act of 2010, and their respective implementing regulations, and prohibit recipients and subrecipients of Federal financial assistance from discriminating on the basis of race, color, national origin, sex, age, disability, and, in some programs, religious creed or political affiliation or beliefs, in their programs or activities, and in retaliating or engaging in reprisals against individuals for opposing discrimination protected under these laws.” (pg. 30)
“ “Recipient,” as used here, refers to those entities who receive Federal funds passed through from one or more State Agencies to administer a program or activity. This does not include the actual individual client or beneficiary of the program or activity.”
https://dcf.wisconsin.gov/files/publications/pdf/153.pdf
Wisconsin Department of Children and Families
About Civil Rights Compliance
"The Department of Children and Families (DCF) must comply with Federal Civil Rights' laws and regulations as a stipulation for receiving federal funds from the U.S. Department of Health and Human Services."
https://dcf.wisconsin.gov/civilrights
DCF Equal Opportunity Officer
608-422-6889
DCFCivilRights@wisconsin.gov
201 East Washington Avenue, Second Floor
PO Box 8916
Madison, Wisconsin 53708-8916
Phone: 608-422-7000
Fax: 608-422-7163
Email: dcfweb@wisconsin.gov
https://dcf.wisconsin.gov/civilrights/complaint-procedures
Wyoming has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the child welfare system. Wyoming Department of Family Services has policy prohibiting discrimination on account of sex in USDA programs.
Wyoming has a child welfare ombudsman.
None known.
WY Rules and Regulations 049.0029.3 § 23
Certification of Providers of Substitute Care Services, General Requirements, Child and Family (Parent, Guardian) Rights.
“All organizations shall develop and maintain a child’s rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following:
. . .
(b) Every child and family shall have equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, socio-economic status or gender[.]”
WY Rules and Regulations 049.0029.3 § 2
Certification of Providers of Substitute Care Services, General Requirements, Responsibilities of the Organization.
“(a) The organization shall develop policies and procedures that assure proper protection, care and treatment of children, as follows:
(i) Ensure that no child, on the basis of race, creed, color or national origin, is excluded from participation in, is denied benefits of, or is subjected to discrimination in receipt of services by the organization[.]”
Wyoming Department of Family Services Non-Discrimination Statement
"In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation),, religious creed, disability, age, political beliefs or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA."
https://dfs.wyo.gov/non-discrimination-statement/
Wyoming Department of Family Services
Complaint Resolution
Clint Hanes
Phone: (307) 777-6597
Email: clint.hanes1@wyo.gov
https://dfs.wyo.gov/about/complaint-resolution/