Jan 3
Massachusetts Reverses Foster Care Policy: Removes LGBTQ+ Affirmation Requirement Amid Lawsuits and Federal Pressure
READ TIME: 3 MIN.
Massachusetts' Department of Children and Families announced on an emergency basis the removal of specific policies requiring foster parents to support LGBTQ+ youth's gender identities, sexual orientations, and expressions, effective last Friday. The updated regulation now states that foster parents must demonstrate the ability "to promote the physical, mental, and emotional well-being of a child placed in his or her care, including supporting and respecting a child’s individual identity and needs."
Prior to the change, Massachusetts regulations under 110 CMR 7.104 explicitly required foster parent applicants to support and respect a child's sexual orientation or gender identity. This included using chosen names and pronouns, allowing transgender youth to use restrooms and changing facilities aligning with their gender identity, permitting clothing and hairstyles matching their gender expression, and refraining from attempts to change a youth's sexual orientation, gender identity, or expression. The policies also prohibited contracting with faith leaders who sought to alter these aspects and supported youth in pursuing legal name and gender changes or culturally responsive medical and mental health services.
These requirements stemmed from efforts to ensure affirming environments for LGBTQ+ youth, who represent a significant portion of children in foster care systems nationwide. DCF Commissioner Staverne Miller emphasized the department's commitment to safe homes for all children while ensuring no one is barred from fostering due to religious beliefs.
The policy shift follows two key developments. In September 2025, the Alliance Defending Freedom filed a federal lawsuit, Jones v. Mahaniah, on behalf of Christian families denied foster licenses for refusing to affirm gender identities conflicting with their beliefs about biological sex. The plaintiffs argued the rules forced them to use chosen pronouns, affirm gender identities contrary to biology, and encourage medical transitions, violating their religious freedoms. ADF attorney Johannes Widmalm-Delphonse noted Massachusetts' foster system faces a crisis with over 1,400 children awaiting homes, yet excludes willing religious families.
Additionally, the federal Administration for Children and Families warned DCF that the policy violated applicants' constitutional rights, prompting the emergency amendment to preempt escalation. This aligns with a recent executive order by President Donald Trump aimed at modernizing child welfare, fostering private partnerships, and prioritizing those with sincerely held religious beliefs. ADF welcomed the change as a step forward, with affected families eager to reapply, though the lawsuit remains active pending full verification.
LGBTQ+ advocates have raised alarms about the policy reversal, fearing it could expose transgender and queer youth to non-affirming environments at a time when they are disproportionately represented in foster care. Previous cases, such as families losing licenses for refusing to care for LGBTQ+ youth appropriately, underscored the original rules' intent to protect vulnerable children.
Religious liberty groups, including ADF, maintain that the change expands the pool of loving homes without requiring families to violate core beliefs, while still committing to children's overall well-being. Both sides agree on the urgent need for more foster parents amid the system's crisis. DCF's explanatory note confirms the amendments address federal concerns while meeting needs for supportive homes.
As Massachusetts navigates this balance, the decision reflects national tensions between child welfare protections for LGBTQ+ youth and religious accommodations in foster care. Ongoing monitoring by advocacy organizations on both sides will be crucial to assess real-world impacts on children.
