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Child Welfare Nondiscrimination Laws

This map shows which states have explicit state-based statutory, regulatory, and/or agency policy protections against discrimination for youth in the child welfare system. These protections prohibit discrimination against youth in the child welfare system based on sexual orientation and gender identity.
United States Map
  • Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity (35 states , 1 territory + D.C.)
  • Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based only on sexual orientation (8 states)
  • No statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare (7 states, 4 territories)
  • Explicit guidance about transgender youth in the child welfare system being placed in housing according to their gender identity (14 states)
  • Requires LGBTQ-inclusive cultural competency training for child welfare staff and/or foster parents (13 states)

In addition to these explicit policies, several states have policies that prohibit discrimination based on “sex.” Although such policies do not explicitly prohibit discrimination based on gender identity and are therefore not included on this map, advocates may be able to utilize these protections to protect transgender youth as case law evolves.

This map also includes the states in which there are laws or regulations that require current and prospective foster parents and child welfare staff to receive training about LGBTQ youth in areas like cultural competency and legal requirements, as well as the states with laws requiring that transgender youth be placed in accordance with their gender identity. Only states with explicit legal guidance for transgender youth placement are included. These laws and regulations are designed to improve the safety and outcomes for LGBTQ youth in the child welfare system.

For more information, please contact Lambda Legal.

Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].


Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

74%

74 % of LGBTQ population lives in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity

8%

8 % of LGBTQ population lives in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based only on sexual orientation

18%

18 % of LGBTQ population lives in states that have no statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare

Data current as of 03/29/2025
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