Trump Administration “Waives” Away Children’s Rights
By: Center For The Study Of Social Policy
Tags: Trump Administration, South Carolina, Foster Care, LGBTQ, Discrimination

On January 23, 2019, the US Department of Health and Human Services (HHS) waived federal nondiscrimination policy in order to allow South Carolina to use federal dollars to discriminate against foster and adoptive parents who do not share a provider’s stated religious values.

Children and youth who are removed from their families and come into foster care need loving and nurturing homes. The state child welfare agency itself and the contracted providers acting as an extension of the state must ensure children are cared for and treated fairly by everyone who works with them. In fact, it is the mission of child welfare agencies to promote the well-being of the children they serve, to ensure their safety, and to work toward returning them to their families or finding permanent homes where they’ll be loved and supported. Research has found that foster and adoptive parents of all religions, races, ethnicities, abilities, genders, and sexual orientations have a critical role in providing these loving, supportive, and affirming homes.



Unfortunately, on January 23, 2019, the federal government undermined best practice and the mission of child welfare. Citing the Religious Freedom Restoration Act (RFRA) as justification, the US Department of Health and Human Services (HHS) put the beliefs of adults and agencies in South Carolina’s child welfare system ahead of the needs of children and youth whom they are charged to serve. HHS waived federal nondiscrimination policy in order to allow South Carolina to use federal dollars to discriminate against foster and adoptive parents who do not share a provider’s stated religious values. Specifically, the waiver allows for faith-based foster care agencies to turn away qualified prospective foster parents who do not to pass their religious litmus test. HHS directed these providers to refer these prospective foster parents to other agencies or the state — assuming the faith-based agency “does not object on religious grounds to making such referrals.”



Make no mistake — this action will cause direct harm to children by delaying, or even preventing, their placement with loving, permanent families. Further, we should question whether agencies who discriminate against prospective parents are capable of supporting the diverse children — children of varying religious backgrounds, races, ethnicities, abilities, gender identities, and sexual orientations — that we know are in foster care. There are supportive, affirming, and effective faith-based agencies serving children all over the country. Child welfare should rely only on those providers willing to provide the services to all children and families who need them.



Children in child welfare systems need unconditionally loving homes and they deserve to be served by agencies that are completely devoted to finding these homes. The administration’s decision to waive HHS’s nondiscrimination policy directly undermines child welfare reform, it harms children, and it promotes discrimination. It also sets a dangerous precedent by privileging the preference of agency providers over the needs of children in foster care. The state has removed these children from their homes and has the highest obligation to serve their best interest. All of our nation’s children deserve much better.

Co-authored by

Megan Martin, Vice President of Policy at CSSP

Kristen Weber, Director of Equity, Inclusion, and Justice at CSSP