Massachusetts Removes LGBTQ+ Specific Foster Care Rule

Massachusetts has removed foster-care licensing language that explicitly required foster parents to affirm a child's sexual orientation and gender identity, replacing it with a broader expectation that families support each child's "individual identity and needs."

The Department of Children and Families (DCF) approved the change on December 17. The revision was first reported by The Advocate and confirmed through agency filings reviewed by GBH News.

Why the policy changed

The shift follows a federal lawsuit filed by the Alliance Defending Freedom (ADF) on behalf of two Christian couples who said the rules violated their religious beliefs. (The Southern Poverty Law Center designates ADF a hate group; ADF rejects the label.)

In September, the federal Administration for Children and Families warned Massachusetts that parts of the earlier rule were "deeply troubling" and likely raised First Amendment concerns, according to correspondence obtained by GBH. DCF said in its emergency filing that the update was intended "to preempt any potential escalation" from federal regulators.

DCF Commissioner Staverne Miller said the agency remains focused on safety while ensuring applicants are not discouraged "because of their religious beliefs."

What changed — and what remains

Adopted in 2022, the prior rule required homes "safe, affirming, and free from discrimination" and spelled out expectations such as using chosen names and pronouns and allowing youth to live in accordance with their gender identity, according to court records.

Those specifics are now gone. However, DCF still controls placements and can match youth with families who are affirming.

Shaplaie Brooks of the Massachusetts Commission on LGBTQ Youth told GBH that the state "maintains oversight" to place children where they are safe. GLAD attorney Polly Crozier added that the state remains responsible for the well-being of "every child in its care — including LGBTQ children."

Nationally, about one-third of foster youth identify as LGBTQ+ and 5 percent as transgender, according to a 2019 study by Children's Rights. Massachusetts currently has roughly 6,500 children in care and about 5,100 licensed foster homes.

ADF has paused its request for an injunction but is continuing the lawsuit.