ACF Defends Biological Reality and Parental Rights in Letter to All 50 States

The Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) today sent letters to all 50 states reminding them that children may not be removed from their homes solely because parents decline to support a child's self-identification as the opposite sex.

The letter reinforces that state child welfare agencies must base child removal decisions on objective evidence of abuse or imminent risk of harm under the Child Abuse Prevention and Treatment Act (CAPTA). It warns states not to interpret federal definitions too broadly in ways that infringe on parental rights or lead to unnecessary foster placements by removing children for reasons that do not constitute abuse and neglect.

ACF also reminds states that removing a child based solely on a parent's sincerely held religious beliefs or moral convictions may raise serious constitutional concerns, including violations of the free exercise of religion. Ultimately, removing a child for these reasons may harm both the child and the parents.

"Parents have the right to raise their children according to their sincerely held religious beliefs and moral convictions," said Assistant Secretary Alex J. Adams. "When states overstep their bounds, ACF will take action to deter inappropriate policies that drive unnecessary interactions with child welfare systems. This is one such example."

This letter also supports ACF's " A Home for Every Child " initiative to improve the ratio of foster homes to children in foster care. The agency warns that unnecessary removals can increase the number of children entering foster care and place added strain on the system. With this letter, ACF hopes to keep more families together and reduce the number of parents drawn into the child welfare system solely because they decline to support sex-reassignment interventions.

The letter follows troubling reports of states removing children when parents declined to support their child's self-identification as another sex. ACF will continue to monitor states' compliance with federal child welfare requirements and take appropriate action to ensure federal funds are used consistent with the law.