HHS Secretary Robert F. Kennedy Jr. said during a Ways and Means Committee hearing on April 16, 2026, that a proposed policy change will expand eligibility for foster care families by removing what he described as religious barriers.
Kennedy referenced a 2024 Department of Health and Human Services rule titled “Safe and Appropriate Foster Care Placement Requirements” under Titles IV-E and IV-B. The rule required foster care providers and families to affirm a child’s self-identified sexual orientation and gender identity as part of placement standards. Critics argued the requirements could disqualify faith-based applicants who were unable to comply.
Several Republican attorneys general, senators, and faith-based organizations opposed the rule, saying it risked excluding religious families (particularly Christian households) from the foster care system at a time of ongoing foster parent shortages.
The current HHS has proposed rescinding the 2024 rule in March 2026, a change officials say is intended to remove those requirements and expand the pool of eligible foster families. The proposal was published in the Federal Register.
Learn more about adoption and foster care in Massachusetts here.