Commentary: New Biden Rule Applies Transgender Standard to Foster Care

Transgender orthodoxy may soon become a litmus test for parenthood, according to the logic of a new policy working its way through the Department of Health and Human Services under President Joe Biden.

A new rule in HHS’ Administration for Children and Families would apply the idea that any lack of “affirmation” constitutes a form of child abuse to foster care placements. Once that idea takes root in foster care, child protective services agencies might start applying it more broadly.

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Immigrant Group Sues Tennessee Child Services for Failing to Provide Immigration Services for Illegal Alien Children

An advocacy group for illegal aliens is suing the Tennessee Department of Child Services (DCS), alleging that DCS is not doing enough to help illegal alien children in foster care gain citizenship in the United States. 

“For children in DCS custody without legal immigration status, DCS’s care must include addressing and safeguarding their immigration-related needs, which impact their health, welfare, and safety,” says a lawsuit filed by Advocates for Immigrant Rights in the United States District Court for the Middle District of Tennessee. “This care entails determining whether a child is in need of immigration related services, ensuring that DCS considers immigration-related needs when helping the child plan for their future, and helping a child access needed services.”

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Massachusetts Couple Files Lawsuit Claiming Application to Become Foster Parents Denied Due to Religious Beliefs

A Catholic Massachusetts couple filed a federal lawsuit this week that makes the claim they were rejected as potential foster parents because of their faith beliefs about marriage and sexuality.

The couple, Mike and Kitty Burke of Southampton, said in their complaint they were told by a state employee of the Department of Children and Families (DCF) their religious beliefs conflict with the state’s policy requiring them to affirm same-sex relationships and gender ideology.

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Gov. Lee Signs ‘Forever Homes Act’ into Law to Speed Up Adoption Process

Gov. Bill Lee (R) this week signed into law a bill that streamlines the adoption process in Tennessee. 

“I signed the Forever Homes Act, legislation that will provide critical support to TN foster & adoptive families to accelerate child placement,” Lee said after the Tuesday bill signing in Chattanooga. “Great to meet with [Tennessee Department of Children’s Services] caseworkers & adoptive parents in Chattanooga who are giving TN children a loving, permanent home.”

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Mississippi Governor Signs Series of ‘Pro-Mom, Pro-Life’ Bills to Strengthen Adoption, Pregnancy Care Centers, and Foster Care

Mississippi Gov. Tate Reeves (R) signed multiple pieces of legislation Wednesday that provide support for mothers and babies, particularly in the areas of adoption, foster care, pregnancy care centers, and parental rights.

“The legislation strengthens Mississippi’s adoption system, increases support for pregnancy resource centers, establishes a foster parents bill of rights, creates a task force focused on improving adoption and foster care systems, improves the Department of Child Protection Services, and gives the agency the largest budget in its history,” a summary of the measures provided by Reeve’s office states.

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Lawsuit: Oregon State Officials Deny Woman’s Adoption Application Because of Her Christian Religious Beliefs

Alliance Defending Freedom (ADF) filed a federal lawsuit last week against the Oregon Department of Human Services (ODHS) on behalf of a woman whose application to adopt siblings from foster care was denied because her Christian faith beliefs do not allow her to agree to support the “sexual orientation, gender identity, [and] gender expression” of children placed in her home.

“Oregon’s policy amounts to an ideological litmus test: people who hold secular or ‘progressive’ views on sexual orientation and gender identity are eligible to participate in child welfare programs, while people of faith with religiously informed views are disqualified because they don’t agree with the state’s orthodoxy,” said ADF Senior Counsel Jonathan Scruggs, who runs the ADF Center for Conscience Initiatives.

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HHS Audit Finds Florida’s Foster Care System Didn’t Properly Report Missing Children

An audit recently released by the U.S. Department of Health and Human Services’ Office of the Inspector General gave the state of Florida low marks for its stewardship of children in its foster care system.

The OIG audit found that state agencies were failing to properly report missing foster care children in accordance with federal law and some didn’t report them missing at all.

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Arizona Department Celebrates Decade Low in Children Entering the Foster Care System

Mike Faust, Director of the Arizona Department of Child Safety (DCS), recently announced that there were under 12,000 children between the age of zero and 17 in the foster care system, the lowest the department has seen since 2012.

“Although this was one of the goals from the start, little did the team know how challenging it would be to reach this milestone,” Faust said in a press release. “DCS was deeply challenged a decade ago, and had it not been for the commitment of all those involved to make DCS a standalone agency, the resolve and steadfastness of Director Greg McKay from 2015-2019; the commitment of the thousands of employees and partners who devote their lives to protecting children; the loving support of kinship families; and the dedication of biological families to reunifying with their children, this would not have been possible.”

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Virginia’s Office of the Children’s Ombudsman Opens to Oversee Social Services

Virginia’s Office of the Children’s Ombudsman (OCO) officially launched Tuesday, Governor Glenn Youngkin announced. The office provides oversight of Virginia’s child welfare system and can receive complaints about the Virginia Department of Social Services (VDSS).

“I am excited that, after several months of preparation and with the support of the Administration and our partner agencies, information about the Office of the Children’s Ombudsman and the services we provide will finally be made publicly available to Virginians across the Commonwealth. My staff and I are looking forward to helping families navigate the child welfare system and ensuring that child safety and family preservation remain top priorities for our local and state agencies that serve Virginia’s children and families,” OCO Director Eric Reynolds said in an administration press release.

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Gov. Ducey Signs 12 Bills, Including Banning Unions from Politicking on the Taxpayers’ Dime, and Stopping Religious Discrimination in Adoptions

As the 2022 Arizona Legislative season winds down, Gov. Doug Ducey is signing a slew of bills. On Wednesday, he signed 12, including the Goldwater Institute’s Release Time Reform Act and a bill protecting religious freedom in adoptions and foster care.

The Goldwater Institute (GI) drafted SB 1166, which was sponsored by State Sen. Vincent Leach (R-Tucson), to address the problem where public employees at the local, state, and federal level are “released” from their government responsibilities and instead are assigned to work for a private union — all while receiving full government pay, benefits, and retirement. 

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Virginia Gov. Youngkin Launches Task Force to Address Lack of Safe Placements for Foster Care Children

Glenn Youngkin

Governor Glenn Youngkin launched the Safe and Sound Task force to create safe placements for children in foster care, and said that from February 1 through July 30 2021, 163 children spent at least one night in unsuitable arrangements such as local social services departments, hotels, and emergency rooms.

“It is unacceptable that last year over 150 children in foster care spent the night in places that just simply are not meant for kids. When this challenge came to our attention, my administration knew we had to act swiftly to ensure that every child has a safe place to belong,” Youngkin said in a Friday press release.

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Virginia House Passes Repeal of Adoption Conscience Clause

The House of Delegates approved Delegate Mark Levine’s (D-Arlington) HB 1932 on Wednesday in a 53 to 43 vote. The bill would remove the child-placement conscience clause which protects child-placement agencies from being forced to place children where it would violate the agency’s moral or religious convictions. Supporters of the bill say it ends discrimination currently protected by the Commonwealth, but Catholic adoption agencies and Republican legislators warn that removing the protection could effectively eliminate thousands of potential homes for children in foster care and adoption programs. The bill is now in committee in the Senate.

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Tennessee Republicans Fight To Protect Faith-Based Adoption Agencies From Discrimination

Republicans continue to shepherd legislation through the Tennessee General Assembly to protect faith-based child placement agencies against discrimination for exercising their religious liberties provided by the U.S. Constitution’s First Amendment. State Rep. Tim Rudd (R-TN-34) and Sen. Mark Pody (R-TN-17) are the sponsors. The bills are HB 836 and SB 1304. The tracking information is here. The legislation passed recently in the State House by a 67-22 vote. It has been placed on the final calendar of the Senate Judiciary Committee and is expected to be heard either this week or the week of April 23. “The legislation simply states that a private child placement agency that provides a written statement of their religious beliefs and policies that are within that allowed by federal law shall not be sued or (discriminated) against by the state or local government when applying for a license, grants or contracts,” Rudd said in a press release. Co-sponsor State Rep. John Ragan (R-TN-33) said, “This legislation does not change how public or private child placement agencies currently operate or place children. It simply gives protections for agencies exercising their First Amendment liberties.” Rudd said, “This legislation does not prevent or enable adoptions against any group. It…

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Report: One in Three Children Enter Foster Care Due to Parental Drug Abuse, Ohio Rate Jumped 29 Percent

A report released Tuesday by the nonprofit Child Trends revealed that for the sixth consecutive year, 2017 saw a significant rise in the number of children entering foster care due to parental drug abuse or drug seeking behavior. According to the report, 131 out of every 100,000 children in America ends up in foster care because one or both of their parents’ behavior in connection to drug use, representing a “5 percent increase from the previous fiscal year and a 53 percent increase since FY 2007.” The study ascertained the findings by combining statistics from several organizations and government agencies, most notably the National Data Archive on Child Abuse and Neglect (NDACAN), an initiative U.S. Department of Health and Human Services (HHS) and Cornell University. The HHS also provides their own statistics through the Children Bureau. Lastly, the Annie E. Casey Foundation, a privately funded nonprofit, also provides data on children and families throughout the country. In addition, the study also found that “six states and territories – Puerto Rico, Wyoming, New York, South Dakota, Wisconsin, and Ohio – saw the largest rate increases.” Of all fifty states, Puerto Rico, and the District of Columbia, 17 states and territories saw rate decreases, 3…

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Opioid Abuse Estimated to Leave Over 20,000 Children in Foster Care by 2020

While the rampant opioid epidemic that has overtaken much of the country is finally getting the attention it deserves, some of the most vulnerable to its effects have been tragically overlooked. A startling report from the Public Children’s Services Association of Ohio estimates that, should current trends continue, over 20,000 children will be in foster care by 2020. From July 2017 to July 2018 alone, the total number of children entering foster care jumped from over 13,700 children to over 15,000. The main reason for this acceleration appears to be severe drug abuse throughout the state. In 2015, half of the children taken into foster care had come from families with some form of drug abuse. 28 percent were actively taking opioids when their children were removed. 67 percent of these children were under the age of 12 and over a quarter of them are three or younger. While the number of children in need continues to rise, support services are more strained than ever. The report also reveals that Ohio’s State Share for children services spending is currently dead last in the nation. Further, “even if the State’s Share…doubled, Ohio would still be 50th in the nation.” The majority of child…

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