HHS warns states about removing kids from homes without parents’ approval over gender identity disputes
(WASHINGTON) — The Trump administration is urging states to stop removing children from their homes over gender-identity disputes at the behest of child welfare agencies without their parents’ approval.
In a letter first obtained by ABC News, the Health and Human Services Department’s Administration for Children and Families (ACF) reminds state child welfare agencies that under the Child Abuse Prevention and Treatment Act (CAPTA), they are barred from removing children from their home because a parent doesn’t agree with the child’s gender identity.
“When states overstep their bounds, ACF will take action to deter inappropriate policies that drive unnecessary interactions with child welfare systems. This is one such example,” ACF Assistant Secretary Alex Adams wrote in a statement Tuesday.
The Trump administration cited multiple examples — from Illinois to California — where children who may reject the sex they were assigned at birth and perceive themselves as a different gender were removed from their homes without parental consent and placed in the child welfare system.
However, Shannon Minter, vice president of legal at the National Center for LGBTQ Rights (NCLR), told ABC News that he is not aware of any state removing children from parents based on their response to a transgender child.
Transgender is an umbrella term for people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth, according to the Human Rights Campaign.
Minter called the effort a broader push by the Trump administration to “eliminate” all protections for transgender young people.
“No one is advocating for removing children because a parent is struggling to understand,” he said, adding, “But child welfare professionals need the discretion to assess when rejection crosses the line into real harm — the same way they would for any other child.”
Morissa Ladinsky, a clinical professor in pediatrics at Stanford University in California, argued that children aren’t typically removed from their home without parental consent in this fashion.
“My experience tells me that there is likely more to the story,” Ladinsky told ABC News, adding that she has not seen removal over gender disputes fall under the domain of Child Protective Services.
As the division of HHS that promotes welfare assistance and supports the economic and social well-being of children and families, the agency has said ACF’s duty is to protect families and keep them together. ACF’s letter also stressed that parents hold the right to refuse removal according to their religious beliefs and moral convictions around gender identity.
The letter said breaking the law could violate the First Amendment and states could risk losing federal grant funding under CAPTA.
“What we’re doing with this letter is we’re putting states on notice,” Adams told ABC News.
“When policies are either increasing the number of kids committed to the system inappropriately or they’re deterring foster families from stepping up, I do think there was a role for ACF to weigh in,” he said, adding, “It does merit federal action.”
The letter to states bolsters an initiative to protect children from the foster-care system amid a shortage of facilities nationwide with only 57 foster homes for every 100 vulnerable kids coming into the system, according to Adams.
The letter comes at the directive of President Donald Trump’s Fostering the Future for American Children and Families executive order and follows the president’s call during his State of the Union address last week for a federal ban on gender transitions for minors.
“Surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will,” Trump said during his address. “We must ban it and we must ban it immediately.”
Gender identity is described as how a child perceives and calls themself, which can be the same or different from the sex that was assigned to them at birth, according to the Human Rights Campaign.
However, if a child sees themself as different than the sex assigned at birth, parents have the right to reject this self-identification, the ACF letter says. Under federal law, CAPTA states that a child may not be removed from the home without proof of “abuse” or “imminent risk of harm.”
The Trump administration has stated that restoring power to parents is one of its top health, education and humanities priorities. But the letter warns that states are usurping parental rights and potentially misinterpreting the CAPTA law if they remove children from their homes without evidence of “abuse or neglect.”
Under ACF, the health department’s human services division administers the largest federal child care program and other federal services that helps millions of households nationwide.
Prior to ACF’s letter to states, lawmakers have taken several child care-related actions against the nation’s health agency under Secretary Robert F. Kennedy Jr. In a previous letter to Kennedy first reported by ABC News, Sen. Elizabeth Warren and other congressional Democrats said the agency’s alleged “disregard” for child welfare undermines the government’s core child-protection obligations amid federal immigration crackdowns.
Adams stressed Tuesday’s letter is supported by the whole organization, including Kennedy, and the secretary has demonstrated his commitment to improving child welfare outcomes across several different domains.
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