Trump ends Biden-era rule supporting LGBTQ+ foster kids: “Puts children at risk… plain & simple”

LGBTQ+ members of Congress have condemned the administration's decision.

The Trump administration ended the “Designated Placement Rule” yesterday. Created by his predecessor Joe Biden, the rule required federally-funded child welfare agencies to receive LGBTQ+ youth competency training; provide access to age-appropriate support services to queer youth; and to place them in supportive environments.

A federal judge vacated the rule in June 2025 after the Trump Administration filed a joint motion with Republican state attorneys general. As such, the rule was never put into full effect. But on July 14, the Trump Administration  officially rescinded it.

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Texas Attorney General Ken Paxton (R) spearheaded Republican opposition to the rule. His lawsuit alleged that Biden’s Department of Health and Human Services (HHS) exceeded its statutory authority and violated the U.S. Constitution’s spending clause (which says only Congress can determine how federal funds are spent). Paxton’s lawsuit also claimed the rule was based on a personal whim rather than logical neccessity.

On June 13, 2025, the U.S. District Court for the Eastern District of Texas – whose 10 judges include five appointed by Trump, a total of seven appointed by Republican presidents, and just three appointed by former President Barack Obama – vacated the rule, saying that it had no binding legal force.

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Supporters of the rule noted the high number of LGBTQ+ children in the foster care system and the higher rates of mental health challenges that queer youth experience in unsupportive environments. Opponents of the rule alleged that it unconstitutionally discriminated against religious providers while reducing the pool of potential foster parents.

In a statement blasting the Trump administration’s decision, out gay Rep. Mark Takano (D-CA), Chair of the Congressional Equality Caucus said, “Every child in foster care—including LGBTQI+ children—deserves a safe home, which is exactly what the Biden Administration sought to accomplish with this rule. Rescinding this rule without putting forward an alternative to protect LGBTQI+ foster children puts children at risk, plain and simple.”

In a press release highlighting an April letter, signed by 23 Democratic federal legislators in support of the now-rescinded rule, out lesbian Rep. Angie Craig (D-MN) wrote, “This move is the Trump Administration’s latest attack on the LGBTQ+ community. Every child deserves a loving, supportive and safe home. The decision to rescind the designated placement rule with no clear alternative puts already-vulnerable LGBTQ+ youth at risk of further harm. HHS needs to propose an alternative rule immediately.”  

Rep. Lateefah Simon (D-CA), Vice Chair of the Congressional Equality Caucus, wrote, “As someone who started my career working with young women, non-binary, and trans youth who were impacted by the juvenile justice and foster care systems, I believe strongly that all foster youth, including LGBTQ+ foster children, deserve the chance to be placed where they will be safe, affirmed, and supported.” 

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