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Federal Register #2026-14131

Final Rule: Rescission of Designated Placement Requirements for LGBTQI+ Children in Foster Care

Buyer

Health and Human Services Department, Children and Families Administration

Posted

July 14, 2026

Identifier

2026-14131

This notice announces a regulatory action by the Department of Health and Human Services (HHS), specifically the Administration for Children and Families (ACF) and the Children and Families Administration. - The final rule rescinds previously established requirements for designated foster care placements for LGBTQI+ children under Titles IV-E and IV-B. - No Original Equipment Manufacturers (OEMs) or commercial vendors are involved, as this is not a procurement or contract opportunity. - The rescinded requirements had mandated state and tribal agencies to ensure the availability of designated placements for foster children identifying as LGBTQI+. - These requirements were never implemented due to a court decision vacating the 2024 rule. - The action removes unenforceable provisions from the Code of Federal Regulations for clarity. - No products, services, or contract actions are being requested or procured in this notice.

Description

This final rule removes the previously issued requirements for designated placements for LGBTQI+ children in foster care, which were never implemented and vacated by court order. The 2024 final rule mandated that title IV-E/IV-B agencies ensure availability of designated placements for children in foster care who self-identify with an alternative sexual orientation or gender identity and request or would benefit from such placements. Due to a court decision vacating the 2024 final rule, these requirements were never enforced. The rule clarifies regulatory provisions by removing these requirements from the Code of Federal Regulations (CFR).

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