Legislating and adjudicating the rights of LGBTQ youth in child welfare

Abstract

Summary

Over the past 40 years, protections have been enacted in recognition of the unique struggles faced by LGBTQ youth in systems of child welfare, including adoption, foster care, probate and family court, and child protection. These protections have been enacted out of recognition that LGBTQ children are both highly vulnerable and disproportionately represented in these systems. This article examines the history, rhetoric and current landscape of conflicting efforts to both protect LGBTQ youth and erode such protections where they presently exist.

Findings

Presently, forces are attempting to roll back protections for LGBTQ youth in social services through the courts, as well as enact new avenues for discrimination as part of a political campaign broadly centered under the rhetoric of “parental rights.” In addition to legal battles, new legislation has been proposed which would prevent social workers, teachers, and other human service providers from taking LGBTQ identities into account when assessing a child’s best interest. While public debate has focused on these challenges with respect to schools, less attention has been paid to other domains such as foster care.

Applications

Social workers and other human service providers must respond to this challenge and preserve protections for vulnerable youth. A failure to institute and maintain policies which elevate youth self-determination represents a fundamental failure to protect youth. This must be resisted by individual social workers and our respective professional organizations.