Press Releases

Today, Rep. Jim Banks (IN-03) and Senator Tom Cotton introduced a Congressional Review Act to overturn the Biden administration’s Designated Placement rule. 

You can read the full bill text here.

On April 30, 2024, President Biden’s Department of Health and Human Services Administration for Children and Families (ACF) finalized its “Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children rule.” The rule forces states and tribal child welfare agencies to comply with the administration’s goal of placing LGBTQ-identifying children in the child welfare system with so-called “Designated Placements.” 

This rule requires “Designated Placements” to commit to affirming a child’s gender identity and sexual orientation regardless of their biological sex. Despite a nationwide shortage of foster care families, the rule effectively deems many religious families as unfit to be parents of LGBTQ-identifying children. This will be a costly effort that requires state agencies divert financial resources to recruit and train “Designated Placements” to ensure “the totality of the child welfare system includes sufficient placements for LGBTQI+ children.” 

Said Rep. Jim Banks: “Despite a nationwide shortage of foster families, the Biden administration’s rule discards well-established, faith-based care providers as second-class placement services, forcing states to invest time and resources into recruiting so-called gender-affirming providers. This is an attack on religious liberty and common sense, and worst of all, it is the children in need of a safe and loving home who will suffer most from this administration’s radical agenda.”

Said Senator Tom Cotton: “Faith based groups lead the effort in Arkansas to provide safe foster homes. The Biden administration’s rule will only hurt children that need a home and the religious organizations that provide this incredibly important work.”

Background:

Earlier this year, Banks introduced the Sensible Adoption for Every (SAFE) Home Act, legislation that would cut funding from child welfare agencies and related groups that discriminate against prospective parents who don’t support gender transition services for children. 

Last year, Banks and Cotton introduced the GUARD Act that would make state governments ineligible for Child Abuse Prevention and Treatment Act (CAPTA) funds if the state chooses to discriminate against parents or guardians who oppose medical treatment of any kind, clothing changes, or social changes related to their child’s preferred “gender identity.”