The state argues the new rule poses harm to its interest in enforcing anti-LGBTQ measures.
TYLER, Texas (CN) — The state of Texas sued Tuesday to block the Biden administration from enforcing new federal guidance directing foster care providers to place LGBTQI+ children with caretakers that support their identity.
In its 21-page federal lawsuit filed in federal court in Tyler, Texas, the state accuses the U.S. Department of Health and Human Services of trying to force the concept of gender identity into the foster care system and mandate special treatment for queer youth.
As punishment for not adhering to the guidance, the state could have federal funds for foster care programs reduced. Republican Texas Attorney General Ken Paxton said in a statement announcing the filing that the Biden administration was effectively taking the state foster care system hostage in order to force “fringe beliefs about gender upon the entire country.”
“The new rule directly violates federal law and threatens to undermine our vital foster care programs, putting children who need safe, loving homes at risk,” Paxton said.
Health and Human Services released the challenge rule on April 30, and it went into effect on July 1. It updates Title IV-E and Title IV-B of the Social Security Act, which funds state foster care services. Agencies will be required to implement the rule by Oct. 1, 2026. Non-compliance with the rule jeopardizes crucial funding needed to run child welfare services in the state.
According to the department, the rule is aimed at ensuring a child’s placement is safe and free from abuse or harassment. Under the rule, child welfare agencies will be required to ensure that a care provider is supportive of the child’s LGBTQI+ status, is knowledgeable and skilled to address the child’s needs, and is willing to provide access to appropriate resources to support the child’s well-being.
The state acknowledged that the Texas Department of Family and Protective Services will begin implementing the rule next month, but argues it poses great harm to its financial security and sovereignty. On the issue of funds, the state is concerned about the cost related to identifying foster families that meet these new requirements. Furthermore, the state is convinced that it will lose the over $400 million in federal funds it receives for these programs.
“When Texas contradicts the Final Rule by choosing the best interests of the child and working with foster-care providers that do not affirm LGBTQI+ status or identity in children, it stands to lose federal funding either due to HHS penalizing Texas … or withholding approval — and concomitant funding — of the State’s foster care plan,” the state says in its lawsuit.
In recent years, Texas has passed and enforced several laws that prohibit minors from accessing gender-affirming medical care, including hormone therapies and gender confirmation surgeries. In the eyes of the state, its child welfare agency would be tasked with placing queer youth in supportive caretakers just to then possibly investigate those caretakers if they were to provide affirming care.
Additionally, the state is accusing the Department of Health and Human Services of exceeding its statutory authority in changing the anti-discrimination provisions already found in Title IV-E and Title IV-B.
Texas has asked the court to declare the rule unlawful, postpone its effective date and grant a permanent injunction against the administration from enforcing it.
This latest action by the state comes as the attorney general’s office has waged a campaign against protections for LGBTQI+, proposed by federal agencies, from taking effect. In June, Texas, along with Montana, sued to block a new rule that prohibits federally funded hospitals from refusing to provide gender-affirming care to transgender patients. A federal judge ruled in the state’s favor in a similar lawsuit, preventing the Department of Education from enforcing its new rule extending Title IX protections to LGBTQI+ students in the state.
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