HHS Announces Historic Child Welfare Package to Expand Support and Equity in Child Welfare System

In September, the Biden Administration announced three new rules that will support kinship caregivers, protect LGBTQI+ children in foster care, and expand access to legal representation for children and families in the child welfare system. 

1. Increasing Kinship Caregiver Support: This will allow a child welfare agency to simplify licensing standards for kinship caregivers. Safety standards remain unchanged, but the licensing process is now more flexible. Kiinship caregivers receive financial support equal to that of foster caregivers, and timely support is provided for children in kinship care. Flexibility includes extending the age limits for kinship foster care providers or allowing kin children to share sleeping spaces. 

2. Protect LGBTQI+ Youth – This proposed rule will aim to ensure safe and appropriate placements for LBGTQI+ youth. It requires child welfare agencies to provide youth with environments free of hostility, mistreatment, or abuse based on their LGBTQI+ status. It would also require caregivers to receive training to meet the youth’s needs. 

3. Expand Legal Representation – This would allow State and tribal child welfare agencies to use federal funds to provide legal services to children, parents, and kinship caregivers. This will support families with legal matters such as housing, securing public benefits, or establishing custody or guardianship to prevent unnecessary removal and improve reunification rates. It also provides access to parents who are seeking a restraining order and older youth access to vital documents when exiting foster care.  

“This is a historic package that underlines the Biden-Harris Administration’s steadfast commitment to putting children’s well-being first,” said HHS Secretary Xavier Becerra. “This package allows kin to step into a critical caretaker role, proposes necessary legal representation to keep families together, and a safe and accepting environment in which children can thrive. The Administration is providing vital resources to remove barriers for child welfare agencies to provide supports necessary to accomplish that mission.”

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