Feds say WA can’t make foster parents accept kids’ gender identity

Washington Gov. Bob Ferguson is working on a legal response after a federal official appointed by President Donald Trump demanded the state’s child welfare agency stop requiring prospective foster and adoptive parents to commit to affirming a hypothetical child’s gender identity.”

In a letter Oct. 16, the newly appointed assistant secretary for the U.S. Administration for Children and Families, Alex J. Adams, said the state’s Department of Children, Youth and Families’ policies on gender identity are “inconsistent” with the federal agency’s interpretation of the First Amendment, but does not say how.

Adams requested DCYF leaders explain in writing how they would amend policies.

“As you know,” Adams wrote, “my responsibilities include monitoring the use of relevant federal funds and ensuring compliance with federal law.”

Ferguson, in a statement Friday, called Adams’ letter “misleading and inflammatory” and said he was working with the state’s legal counsel on a response.

“DCYF’s mission is to protect children, and to consider their welfare above all other concerns when placing them in homes,” Ferguson said. “It is, and has always been, about the kids.”

Washington state law requires caregivers to provide children and youth “a supportive and affirming environment,” including using a child’s pronouns and chosen name. DCYF policy also requires prospective foster parents to care for their children in a way “that respects (their) sexual orientation, gender identity, and expression” by providing health care and clothing that aligns with the youth’s gender identity.

In his letter, Adams said his agency — which is part of the U.S. Department of Health and Human Services — must use federal resources in ways that uphold “the foundational rights of families.” Adams’ letter does not say what those rights are.

In July, the 9th U.S. Circuit Court of Appeals rejected a similar rule in Oregon after a mother sued the state, alleging it violated her right to religious freedom by requiring her to accept and support a child’s gender identity and expression if she was asked to foster them, The Oregonian reported. The Trump administration is also investigating Oregon and Massachusetts’ policy.

Adams sent the letter nine days after the Senate confirmed his appointment, and 16 days into the government shutdown, during which the U.S. Administration for Children and Families’ website says the agency is limited to “mission-critical activities.”

Child welfare systems, Adams wrote, should support people who are ready and able to provide “loving, stable homes.”

Suicide risk among transgender and nonbinary youth is a “public health crisis,” according to a 2023 article published by researchers from the Trevor Project, a nonprofit organization supporting LGBTQ+ youth, with suicide attempts at four times greater rates than cisgender peers. Suicide prevention efforts, the article says, should include finding ways to increase “gender identity acceptance from supportive adults” in the lives of LGBTQ+ youth.

The researchers found young people who were “out” reported fewer suicide attempts if they felt their gender identity was accepted by their parents and other family members, adults at school, health care workers, friends and classmates.

This improvement was strongest among youth who felt accepted by their parents, but the children and teens only had to feel accepted by at least one adult to see their odds of attempting suicide drop by one-third.

In a statement Friday, DCYF said it was reviewing Adams’ letter and “considering (their) options,” while staying committed to ensuring children and teens are “in safe homes that contribute to their development and well-being.