Montana, 16 other states fighting against proposed federal rule impacting LGBT individuals in foster care

HELENA, M.T. (KUMV) - Montana Attorney General Austin Knudsen joined 16 other states opposing a new proposed rule by the Biden Administration that would bring changes to the foster care system.

In September, the Department of Health and Human Services said this rule would require all state child welfare agencies to ensure that LGBT individuals are placed in foster homes that protect them from discrimination based on gender identity or sexual orientation. The caregivers would also have to go through special training on how to meet the person’s needs and have access to the services they need to thrive.

During the public comment period, Knudsen and other attorneys general filed a letter, arguing it would further narrow the list of families able to take a foster child in.

“The placement rule’s far-reaching approach, even if well-intentioned, will perversely diminish the availability of safe placements for all children by driving dedicated foster-care providers out of foster care altogether,” the letter states.

Knudsen argues the rule is unconstitutional and would make it harder for Montana to get kids into foster care.

“This is really dangerous, really difficult. It’s just the Biden Administration overstepping and trying to take ground that they don’t have legal ground to take,” said Knudsen.

Knudsen says Montana has the second-largest number of children in foster care per capita.

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