Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission
What happened
Effective July 14, 2026, the Department of Health and Human Services (HHS), specifically the Administration for Children and Families (ACF), is removing the requirements of a 2024 final rule. The 2024 final rule, signed by Donald Trump, had required title IV-E/IV-B agencies to ensure 'Designated Placement' was available for children who self-identify with an alternative sexual orientation or as something other than their sex in foster care. These previous requirements were never implemented due to a U.S. District Court decision in State of Texas v. United States Department of Health & Human Services that vacated the 2024 rule in its entirety.
Why it matters
The rescission means that foster care agencies funded under titles IV-E and IV-B will not be required to provide 'Designated Placements' for LGBTQI+ children. The previous rule, which was legally challenged and ultimately vacated, aimed to ensure specific housing options for these children.
Who it affects
- ›State and Tribal title IV-E and IV-B agencies
- ›Children in foster care who identify as LGBTQI+
- ›Foster care providers
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