The Administration for Children and Families (ACF), part of the U.S. Department of Health and Human Services, has issued guidance to all 50 states emphasizing that children should not be removed from their homes solely because parents do not support a child’s self-identification as the opposite sex.
In a letter sent to state child welfare agencies, ACF reiterated that removal decisions must be grounded in objective evidence of abuse or imminent risk of harm, as required under the Child Abuse Prevention and Treatment Act (CAPTA). The agency cautioned states against broadly interpreting federal definitions of abuse in ways that could lead to unnecessary foster care placements.
The guidance also raises constitutional concerns, noting that removing children based only on parents’ religious or moral beliefs could implicate protections related to the free exercise of religion. Federal officials said such actions may harm both children and families while increasing strain on already burdened child welfare systems.
ACF Assistant Secretary Alex J. Adams stated that parents retain the right to raise their children according to their beliefs and warned that the agency would act against policies that lead to unwarranted state intervention.
The letter follows reports that some states have removed children in cases involving disagreements over gender identity. ACF said it will continue monitoring state compliance with federal requirements and ensure federal funds are used in accordance with the law.
The agency also linked the guidance to its “A Home for Every Child” initiative, which aims to reduce unnecessary entries into foster care and improve placement stability nationwide.
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