Sponsors (157)
Official title: To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services, to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and queer or questioning foster youth, and for other purposes.
Introduced November 20, 2025 by Danny K. Davis · Last progress November 20, 2025
The bill strengthens legal protections, data collection, and culturally competent care for LGBTQ youth in foster care and expands the pool of eligible families — at the cost of new state compliance expenses, privacy risks around SOGI data, and reduced participation or legal conflicts with some faith-based providers.
LGBTQ children and youth in foster care are explicitly protected from exclusion or denial of services based on sexual orientation or gender identity, increasing their access to placements and services.
Prospective foster and adoptive parents (including same-sex, single, different-sex, and unmarried applicants) cannot be excluded for characteristics like religion, sex, sexual orientation, gender identity, or marital status, widening the pool of families and improving permanency options for children.
Federal collection of sexual orientation and gender identity (SOGI) data through AFCARS, paired with required ethical safeguards, will improve understanding of outcomes for youth in care and enable better-targeted policies and services.
Faith-based organizations and religiously affiliated providers may be excluded from participating or choose to withdraw because they cannot discriminate on religious grounds and RFRA defenses are limited, reducing provider options and potentially disrupting placements.
State and local child welfare agencies will face additional administrative and compliance costs (training, SOGI data collection, IT/system updates, policy changes) that could strain already-tight budgets.
The bill authorizes withholding of IV-B/IV-E federal funds from noncompliant states, which could reduce resources for child welfare services in those states and harm children who rely on them.
Based on analysis of 3 sections of legislative text.
Prohibits discrimination in federally assisted child welfare services by religion, sex (including sexual orientation and gender identity), and marital status, requires HHS guidance, SOGI data collection, and a national resource center.
Prohibits discrimination in federally assisted child welfare services against children, youth, families, and prospective foster/adoptive parents on the basis of religion, sex (including sexual orientation and gender identity), and marital status. It requires the Department of Health and Human Services to issue guidance, provide technical assistance, collect sexual orientation and gender identity data in child welfare reporting, and establish a national resource center to improve safety, placement stability, and permanency for LGBTQ+ children and youth. The bill also states findings on the needs and harms experienced by LGBTQ+ youth in foster care and the effect of discriminatory placement policies, creates a private right of action for enforcement, and requires training and culturally competent services for covered child welfare entities and professionals.