Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission
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.
Metadata
| Field | Value |
|---|---|
| Federal Register | 2026-04515 |
| Agencies | Health and Human Services Department |
| Publication | 2026-03-06 |
| Comment closes | 2026-04-06 |
Overview
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 Designat…
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statutory authority and conflicted with the text of title IV-E. As a result of the court's decision, the final rule is no longer in effect or enforceable, and to ensure clarity for the public and regulated entities, ACF proposes to remove the provisions from the Code of Federal Regulations.
CFA analysis and draft comment for this docket (teaser):
PUBLIC COMMENT ON PROPOSED REGULATIONS: Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission Submitted by the Center for Federal Accountability (CFA) Document Number: 2026-04515 ## Executive Summary The Center for Federal Accountability submits this draft comment to support timely public record participation while full model-backed legal analysis is queued. This dra…
# PUBLIC COMMENT ON PROPOSED REGULATIONS: Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission
**Submitted by the Center for Federal Accountability (CFA)**
**Document Number:** 2026-04515
## Executive Summary
The Center for Federal Accountability submits this draft comment to support timely public record participation while full model-backed legal analysis is queued. This draft identifies baseline accountability concerns and preserves key issues for agency consideration before the close of comments.
## Table of Authorities (to be finalized)
- Administrative Procedure Act (5 U.S.C. 551 et seq.)
- Agency enabling statute and implementing regulations (rule-specific citations to be finalized)
## Key Concerns
- The agency should clearly identify statutory authority for each material requirement in the proposal.
- The agency should provide transparent cost, burden, and implementation assumptions with reproducible methodology.
- The agency should address foreseeable operational risks and unintended consequences for regulated parties and the public.
## Preliminary Analysis
This preliminary draft is generated from the available Federal Register text excerpt below and is intended to preserve issues for the rulemaking record. A full model-backed CFA legal analysis can be substituted in a subsequent revision.
> Federal Register, Volume 91 Issue 44 (Friday, March 6, 2026) [Federal Register Volume 91, Number 44 (Friday, March 6, 2026)] [Proposed Rules] [Pages 11017-11019] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2026-04515] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 1355 RIN 0970-AD19 Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children; Rescission AGENCY: Children's Bureau (CB), Administration on Children, Youth and Families (ACYF), Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: 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. DATES: Comments on this proposed rule must be received by April 6, 2026. ADDRESSES: You may submit written comments, identified by docket number ACF-XXXX-XXXX and/or Regulatory Information Number (RIN) 0970-AD19, through the Federal eRulemaking…
## CFA Recommendations
1. Publish a clear crosswalk from each proposed requirement to its statutory basis.
2. Expand and disclose the quantitative assumptions used in cost-benefit analysis.
3. Provide implementation alternatives and phase-in options to reduce compliance risk.
4. Extend or reopen comment if substantial updates are made after publication.
## CFA Contact
Center for Federal Accountability (CFA)
8401 Mayland Dr # 7387
Richmond, VA 23294
policy@federalaccountability.com | https://www.federalaccountability.com/
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