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Ken Paxton, the Texas Attorney General, is taking legal action against the federal government regarding its mandate for states to provide LGBTQ+ affirming placements for foster care youth.
The lawsuit, filed recently, argues that the rule set by the U.S. Health and Human Services would worsen the shortage of foster care providers by requiring states to recruit new providers that adhere to the rule, ultimately costing Texas millions in annual federal funding.
Paxton emphasized that resisting the rule is in the best interest of foster care children, as the deadline for implementation is approaching in 2026.
Under the federal rule, Texas must ensure that designated placements are available for all LGBTQ+ children in foster care, giving weight to the child’s expressed concerns and providing appropriate mental and behavioral health support.
Advocates criticize Paxton’s stance, pointing out the potential negative impacts on the well-being of LGBTQ+ foster youth if the lawsuit succeeds.
Failure to provide accepting environments for LGBTQ+ foster youth may lead to higher costs for Texas taxpayers, as unlicensed facilities could be utilized as alternative placements.
Implementing the federal rule can help mitigate mental health costs for these youth, according to experts in the field.
Despite legal challenges, advocates urge continued support for LGBTQ+ youth in the foster care system, emphasizing the importance of love and protection for marginalized children.
For mental health support for LGBTQ youth, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. For trans peer support, call the Trans Lifeline at 877-565-8860. You can also reach a trained crisis counselor through the Suicide and Crisis Lifeline by calling or texting 988.
