Data / Federal rules / 2026-04515
Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission
The Health and Human Services Department published this proposed rule in the Federal Register on March 6, 2026. Comments closed on April 6, 2026.
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What the agency says
The Administration for Children and Families (ACF) proposes to remove the requirements issued in the final rule Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children (89 FR 34818) that was published on April 30, 2024. The final rule required title IV-E/IV-B agencies to ensure that a Designated Placement is available for all children who self-identify with an alternative sexual orientation or self-identify as something other than their sex in foster care who request or would benefit from such a placement. On June 13, 2025, the U.S. District Court for the Eastern District of Texas vacated the final rule in its entirety, State of Texas v. United States Department of Health & Human Services, 770 F. Supp. 3d 940 (E.D. Tex. 2025), concluding that the final rule exceeded the Department of Health and Human Services' statutory authority and conflicted with the text of title IV-E. As a result of the court's decision, the final rule is no longer in effect or enforceable, and to ensure clarity for the public and regulated entities, ACF proposes to remove the provisions from the Code of Federal Regulations.
Key facts
- Document number
- 2026-04515
- Type
- Proposed rule
- Action
- Notice of proposed rulemaking
- Agency
- Health and Human Services Department
- Published
- March 6, 2026
- Comments due
- April 6, 2026
- Dates
- Comments on this proposed rule must be received by April 6, 2026.
- Regulation ID (RIN)
- 0970-AD19
- Code of Federal Regulations
- 45 CFR 1355
- Topics
- Child welfare; Grant programs-social programs
- Pages
- 3
Other documents from the Health and Human Services Department
Everything from the Health and Human Services Department · Rules on child welfare · Rules on grant programs-social programs · Published in March 2026
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.