LGBTQ+ Protections and Rights in Foster Care

What are my legal rights in foster care as an LGBTQ+ youth?

When you are in foster care and identify as part of the LGBTQ community, you have some special protections under the law. You must be treated with dignity and respect and must never be harassed or treated differently by anyone in the foster care system because of how you identify. If you ever feel your rights are being violated or you are being discriminated against, contact a trusted adult right away. This could be your case manager, guardian ad litem or attorney if you have one, and/or the judge.

What if my placement tries to use their religion to change who I am?

Only you and your parent or legal guardian (unless rights have been terminated) have the right to determine your religion. If you don’t want to attend a religious activity (like going to Church) with your caregiver or group home, another activity must be arranged for you.

Your placement cannot express negative opinions about your sexual orientation or gender identity, and they cannot use their religion to try to make you change who you are.

SCRAPPY TIP: If this is happening to you, tell a trusted adult. Your voice matters!

Can I be kept from doing activities or services because I identify as LGBTQ?

No. The law says that you cannot be denied services based on your race, religion, gender, gender expression, sexual orientation, or transgenderism. This means that you cannot be denied a placement, certain activities, or services because you identify as LGBTQ.

If I am a transgender youth can I be placed in a group home with the gender I identify as?

Yes. For transgender youth, in determining whether the youth should be placed with their gender listed on their birth certificate or their identified gender the following factors will be considered:

• The physical safety of the transgender youth;
• The emotional well-being of the transgender youth;
• The youth’s preference;
• The recommendation of the youth’s guardian ad litem;
• The recommendation of the youth’s parent (unless rights are terminated);
• The recommendation of the youth’s case manager;
• The recommendation of the youth’s therapist, if applicable.

For example: If you identify as female and would like to be placed in a group home for girls, you should let your case manager, your attorney and/or Guardian ad litem if you have one, and the judge know. Your voice matters in this decision and you have a right to be heard.

What if my group home does not let me dress as the gender I identify as?

You should be involved in picking out your clothing (which must be appropriate for your age) and you must be allowed to have and bring personal belongings with you when going to a new placement. Your caregiver may limit or supervise the use of these personal items using the reasonable and prudent parent standard. However, they may not restrict items based on your gender identity or expression. This means that a group home or foster parent can have some say in your clothing choices but cannot restrict what you wear based on your gender expression.

For example: if you want to wear a shirt with curse words on it, your caregiver can tell you not to wear it because they are acting as a parent would. However, they cannot tell you to not wear a certain pair of pants if the reason is they believe the pants you chose are “only for boys” because that relates to your gender expression. Your gender expression is protected under the law.

What about my personal care, hygiene, and grooming?

You should be given items and training in personal care, hygiene and grooming, that match your gender, gender expression, culture and development.

Can staff in my placement treat me differently or allow other youth to harass me?

No. Group home staff should NEVER engage in discriminatory treatment or harassment because of your race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristic. They must never allow harassment or bullying of you by staff or other youth based on your race, national origin, religion, gender, gender expression, sexual orientation, disability, or any other characteristics. Finally, they must never attempt to change or discourage your sexual orientation, gender identity, or gender expression.

Group home staff must get training before working with children that includes topics on “sexual orientation, gender identity and gender expression.” Group staff should be trained and sensitive to the rights of the LGBTQ+ children.

Can the group staff make me go to “reparative” therapy or try to “discipline” me for my status as an LGBTQ youth?

No. A group home cannot try to change or discourage your sexual orientation, gender identity, or gender expression.

Are there any services I can get that are specially for LGBTQ+ youth?

You can get therapy by someone who is sensitive and trained to help you through any issues related to your identity as an LGBTQ+ youth. You may also be able to join support groups or get a mentor. Ask your case manager, your caregiver, your guardian ad litem or attorney if you have one for more information on resouces. You may also be able to get hormone therapy or other medical interventions after you turn 18. Speak to your therapist or another trusted adult for more information.