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Overview

This section helps foster care providers understand the barriers transgender and nonbinary youth and families may face in foster care settings, and it offers practical ways agencies and caregivers can create safer, more affirming, trauma-informed care.

Research consistently shows that transgender youth are involved in child welfare, foster care, and group homes at higher rates than cisgender youth. Transgender youth are also more likely to experience homelessness, be kicked out of their homes, or run away. As a result, many transgender and nonbinary young people enter foster care after already experiencing family rejection, housing instability, or other forms of harm, and many do not report positive experiences in the foster system.

One study underscores how directly identity can affect LGBTQ+ youth involvement in child welfare: “While many LGBTQ+ youth enter the child welfare system for the same reasons as non-LGBTQ+ youth, 44 percent of LGBTQ+ youth in state custody report they were removed, ran away, or were thrown out of their home for reasons directly related to their identity.”[i]

Foster care agencies and caregivers have a mandate to provide safe, supportive environments for all young people in their care. Many youth in foster care have already experienced violence, instability, poverty, or family separation. Family separation can be very traumatic. For that reason, caregivers should approach young people from a trauma-informed perspective that recognizes both harm and resilience.

Trauma can greatly affect a young person’s ability to trust adults or other young people. Transgender and nonbinary youth may have additional reasons to be cautious if adults have dismissed, punished, or disrespected their gender in the past. Foster care providers should therefore be explicitly trans-affirming: they should recognize and respect each young person’s gender, use the name and pronouns the young person uses, and allow space for curiosity, exploration, and change.

For additional background statistics and recommendations, see the Congressional Hispanic Caucus Institute report.

Trans people may also interact with foster care systems as foster parents or as parents whose children are being taken into custody. Because of systemic bias, transgender parents may face more intense scrutiny and judgment than non-transgender parents, including harassment related to their gender, sexuality, or perceived sexuality. It is important for agencies to recognize that transgender parents can be just as capable and caring as non-transgender parents.

If a foster care agency is connected to child welfare investigations or case management, providers should also review the child welfare section of this toolkit for guidance on investigation-related trauma, family surveillance, and system involvement.

 

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Trans Specific Dynamics

Common barriers trans survivors face to this service

Lack of trans affirming families and providers

Trans youth are more likely to end up in congregate care settings than non-trans youth due to a lack of trans-affirming family placements. This can negatively affect young people because they are less likely to receive affirming care from adults and more likely to live in a controlling environment. Many trans young people report preferring homelessness over living in group settings.

Faith-based service providers may feel unsafe or unwelcoming

Many foster care agencies are faith-based organizations. Some have explicit anti-LGBTQ+ policies or practices, while others may be affirming. Because faith communities have historically excluded or harmed transgender people, and because some discrimination continues today, many trans/nonbinary people may be reluctant to seek services from faith-based organizations.

Discrimination against trans families

Trans families, including families with one or more transgender adults, may have a harder time getting approved to become foster parents than non-trans and non-LGBTQ+ parents. Trans families may also face increased scrutiny and be more likely to encounter the child welfare system, regardless of whether those investigations are warranted or not.

Trauma caused by investigations

Child welfare investigations are often traumatizing for families, even when no findings are made. The invasion of privacy and loss of security can be difficult for both children and adults. Families may fear they have done something wrong and may become overly cautious in their actions, even when they have not caused harm.

Most children in the foster care system have also had contact with the child welfare system, and that involvement can be traumatizing. Children may respond to that trauma in ways adults misinterpret, especially when they do not have support to understand what is happening or to cope with it.

To adults who do not understand trauma, trauma responses may be misread as “bad behavior” or “acting out,” which can lead children to experience higher rates of punishment and stigma.

Common dynamics trans survivors experience

Lots of trans youth in foster care

Because transgender and nonbinary youth are overrepresented in foster care, child welfare advocates should identify and address the root causes and factors that make family homes less safe or less available for them. This includes reducing family rejection, expanding affirming foster home options, and preventing trans youth from being placed in congregate care when an affirming family setting would better meet their needs.

Need access to trans-affirming supports

Trans youth need access to trans-affirming supports, including healthcare, social support, and mental health care. Not every trans youth wants to medically transition, but those who do should be supported in accessing appropriate care. Social supports may include affirming adults, connections with other trans youth in person or virtually, and opportunities to participate in activities that match the young person’s interests. Mental health support should be available to youth who want it, including support for depression, anxiety, or trauma, but providers should not assume that a young person needs mental health care simply because they are trans.

High experiences of violence within care and without

Trans youth may have experienced violence or harm before entering foster care, and they may continue to experience violence or harm while in care. That harm can come from caregivers, peers, providers, or systems that fail to protect them.

Addressing suicidality in youth

Trans youth report higher rates of suicidality than non-trans youth. Providers should create safe, supportive environments where young people can talk about their feelings and experiences without fear of punishment or dismissal. Providers can also help address the root causes that may contribute to suicidal thoughts, including anti-trans attitudes in the world  housing insecurity, lack of healthcare, and other structural barriers.

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Key Tips for Service Providers

Know laws and legal rights for trans kids and families.

Foster care and adoption laws vary from state to state, as do the rights of young people to access healthcare. The Movement Advancement Project has many maps outlining laws in each state.

Understand how to affirm the gender of young people.

Gender affirming care saves lives.

Providers can help by understanding how important gender affirmation is to trans people. Despite laws making it harder to access healthcare, trans youth deserve the right to make healthcare decisions. They also need adults and peers in their lives who will affirm their gender.

Assess the level of trans-affirmation of foster parents and group homes

Foster care agencies can make recruiting and training trans-affirming foster parents a priority. Agencies can also assess whether foster parents and group homes consistently use a young person’s name and pronouns, protect them from harassment, support clothing and grooming choices, and help them access affirming healthcare, social support, and mental health care when needed. Trans affirming parents can be of benefit to trans and non-trans children.

Foster care agencies should listen to and take seriously young people’s concerns about their placements. When a young person reports harassment, misgendering, isolation, punishment, or other harm related to their gender, agencies should respond promptly, document the concern, and evaluate whether the placement remains safe and appropriate.

Know the likelihood of abuse and harm toward trans kids, including within the system

Educate staff, foster parents, and other caregivers on the needs of trans youth and the types of violence they may experience before, during, and after foster care placement. Train adults to recognize possible signs of harm, respond without blame or disbelief, and support trans youth in trauma-informed ways. By acknowledging that trans youth can experience harm within the foster care system itself, agencies can review their own policies, placement practices, reporting procedures, and staff training to prevent future harm.

Provide extra trauma-informed support

Agencies can strengthen their services by training staff and caregivers to understand how trauma can affect young people’s behavior, relationships, decision-making, and ability to trust adults. Trauma-informed services should be used whether or not a young person has disclosed a trauma history, because they give young people choice, agency, predictability, and opportunities to build trust. This approach helps providers engage the whole person and respond with curiosity about what may be underneath a behavior rather than focusing only on the behavior itself.

Work to create environment that encourages self-expression and curiosity for all young people

Not all trans youth will disclose their trans identity to caregivers or foster care agencies. Providers can support all young people by creating an environment where youth are free to explore their identities, where all identities, genders, and sexualities are respected equally, and where curiosity, self-expression, and play are encouraged. This kind of environment supports transgender, nonbinary, and cisgender youth alike.

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Statistics

Studies have shown that LGBTQ+ youth are overrepresented in foster care:

Compared to non-LGBTQ+ young people, LGBTQ+ youth report

Learn more at LGBTQ+ Youth In Foster Care Fact Sheet (2023. Children’s Rights)

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