Protecting the Rights and Providing Appropriate Services to LGBTQIA2S+ Youth in Out-of-Home Care - Louisiana

Date: January 2023

Rights of LGBTQIA2S+ Youth in Foster Care

Citation: Rev. Stat. § 46:286.16; Admin. Code Tit. 67, Part V, § 7115(A); Exec. Div. Pol. # 2-2

Youth aged 14 through 18 in foster care have the right to be free from discrimination of any kind based on their race; color; sex; language; religion; political or other opinion; national, ethnic, or social origin; or property, disability, birth, or other status.

In regulation: No resident in a residential program shall be denied admission, be segregated into programs, or otherwise be subjected to discrimination based on race, color, religion, national origin, sexual orientation, physical limitations, political beliefs, or any other nonmerit factor.

In policy: No person, based on age, sex, religion, race, color, national origin, political affiliation, sexual orientation, or disability, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity conducted in the Department of Children and Family Services. The department will take appropriate action to ensure that this policy will be implemented at all levels of administration.

Supports for LGBTQIA2S+ Youth in Care

Citation: Rev. Stat. § 46:286.16

A youth in foster care has the right to be provided adequate trauma-based counseling and therapeutic services throughout their time in foster care.

Placement Considerations

Citation: Rev. Stat. § 46:286.16

A youth in foster care has the right to be in a stable and supportive setting that is free from neglect and emotional, verbal, physical, and sexual abuse or exploitation and that is the least restrictive to meet their needs.

Caregiver Qualifications

Citation: Rev. Stat. § 46:286.13

A foster parent has the following rights:

  • To receive all information on a child, at placement and on an ongoing basis, that could impact the care provided the child and the health and safety of the child and foster family members, including the health, medical, educational, legal, and social history of the child
  • To receive the necessary training and support to enable them to provide quality services in meeting the needs of children in their care

Definitions

This issue is not addressed in the laws and policies reviewed.

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