Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission

What it does

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statutory authority and conflicted with the text of title IV-E. As a result of the court's decision, the final rule is no longer in effect or enforceable, and to ensure clarity for the public and regulated entities, ACF proposes to remove the provisions from the Code of Federal Regulations.

The Health and Human Services Department's summary, as published in the Federal Register.

What it would change

1 part of Title 45 of the Code of Federal Regulations:

45 CFR 1355

Before this

No earlier Federal Register document under regulation identifier 0970-AD19 since Jan. 1, 2025.

Since then:

• July 14, 2026 Final rule. Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission

What happens next and when

Comments on this proposed rule must be received by April 6, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket ACF-2026-0298 on Regulations.gov
• Title 45 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register