HHS Officially Removes Voided Foster Care Rule for LGBTQI+ Children

You might care about this because a previous rule about foster care placements for LGBTQI+ children has been officially removed from federal regulations. This rule, known as the 2024 final rule, was published by the Department of Health and Human Services (HHS) in April 2024. It aimed to make sure that children in foster care who identify as LGBTQI+ could find a "Designated Placement." This means a foster home or facility that would specifically meet their needs. However, a federal court stopped this rule before it could ever take effect. The U.S. District Court for the Eastern District of Texas ruled that HHS did not have the authority to create this rule. The court also found that the rule went against existing laws for foster care programs. Because of this court decision, the 2024 rule was completely canceled and had no legal power. This new action by HHS is simply cleaning up the official government rule book. It removes the parts of the 2024 rule that are now meaningless due to the court's decision. This helps make the regulations clear and understandable for everyone involved in foster care. What is particularly interesting about this legal document is that it is an administrative cleanup following a significant court intervention. A federal agency, HHS, issued a new rule in 2024. However, that rule was challenged in court almost immediately and was ultimately thrown out before it could impact anyone. This new action, taking place in 2026, simply removes the now-voided 2024 rule from the Code of Federal Regulations. It is a step to ensure that the official written laws reflect what is actually in effect. It highlights the importance of the judicial branch in reviewing and potentially overturning rules made by government agencies. This process ensures that agencies operate within the powers given to them by law. The document also shows that even when a rule is legally void, an official step is still needed to update the federal records. This ensures there is no confusion among the public or regulated organizations about which rules apply. People who would be most interested in this legal document include state and tribal agencies that run foster care programs. These are the organizations that would have had to follow the original 2024 rule if it had gone into effect. Legal professionals, especially those specializing in administrative law or child welfare law, would also find this relevant. It shows a clear example of how federal regulations can be challenged and overturned by courts. Advocacy groups for LGBTQI+ youth in foster care would also pay close attention. They would be interested in the removal of the specific placement requirements. Foster parents and those considering becoming foster parents might also follow these changes. This is because the rules about how foster care is managed can directly affect them. Finally, anyone interested in government transparency and the process of federal rulemaking will find this document useful. It offers a look into how rules are made, challenged, and sometimes removed.