Supporting LGBTQ+ Youth through the Federal Designated Placements Rule

LGBTQ+ youth make up about 7-9% of the overall population, but over 30% of youth in foster care, the majority of whom are children of color. Many LGBTQ+ foster youth experience verbal harassment or physical violence on account of their identity and expression when they enter the foster care system. Studies, reports, and years of anecdotal evidence show LGBTQ+ youth often have multiple placements, are disproportionally placed in congregate care, and have higher rates of justice involvement and experience with homelessness compared to their non-LGBTQ+ peers.

LGBTQ+ youth deserve and have the right to placements and services that support them, and the system has an obligation to protect and promote their safety, permanency, and well-being by ensuring agencies, providers, and resource families support youth’s religious backgrounds, race, ethnicity, ability, gender identity, and sexual orientation. In April 2024, the U.S. Department of Health and Human Services, Administration for Children & Families (ACF) issued the Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children. The rule (in effect July 1, 2024), requires that agencies implement the rule by October 1, 2026. The rule is a significant step forward in ensuring that LGBTQ+ youth do not face further harm while in the foster system.

This webinar will discuss the ins and outs of the rule and how attorneys can use it as a tool to advocate and support LGBTQ+ foster youth clients.

Presenters:

Currey Cook, JD – Senior Counsel and Director of the Youth in Out-of-Home Care Project, Lambda Legal

Currey Cook (he/him) is Senior Counsel and Director of the Youth in Out-of-Home Care Project at Lambda Legal, where he advocates on behalf of LGBTQ+ youth in child welfare, juvenile justice settings, and experiencing homelessness. He works at the state and federal level and achieves systemic improvement through a mix of litigation, proactive law and policy development, and training for professionals, including child advocates, working with youth in out-of-home care and receiving government-funded services. Prior to his work at Lambda, Cook was an attorney with the Office of Public Advocacy (OPA) for twelve years in Anchorage, Alaska. He is a member of the board of directors for the National Association of Counsel for Children and a member of the American Bar Association’s Children’s Rights Litigation Committee. Cook graduated from the University of Georgia with a journalism degree and attended law school at Mercer University in Macon, Georgia.

Luna Floyd, JD – Equal Justice Works Fellow, Lambda Legal

Luna (they/them/theirs) is an Equal Justice Works fellow at Lambda Legal Defense and Education Fund, where they work to protect the rights of youth in foster care by litigating challenges to state bans on gender-affirming care for minors, providing technical assistance for attorneys serving transgender foster youth in states with transphobic laws, and proactively advocating for state child welfare policies establishing access to gender-affirming care for foster youth. Luna’s project was inspired by their experiences of poverty and queerness growing up in the Deep South, leading them to focus on advocacy for vulnerable LGBTQ+ youth.

Danny King, JD – Senior Youth Policy Counsel, National Center for Lesbian Rights

Danielle (Danny) King is the Senior Youth Policy Counsel at the National Center for Lesbian Rights (NCLR), where they practice through an intersectional lens to advance the wellbeing of LGBTQ youth through community education, collaboration with coalitions, and public policy advocacy, particularly for LGBTQ youth impacted by the Child Welfare and Juvenile Justice Systems. Danny joined NCLR in 2021 as a Gender Equality Attorney where they engaged in legal research and training, assisted in amicus brief support, and tracked nationwide litigation related to sex discrimination based on gender identity and sexual orientation. Prior to joining NCLR, Danny was a Staff Attorney at the Legal Aid Society in Queens County. Danny also served as an Attorney for the Child in the Juvenile Rights Practice. Danny attained a JD from Seton Hall University School of Law, an MA in Urban Affairs from CUNY-Queens College, and a BA from Michigan State University.