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

Date: January 2023

Rights of LGBTQIA2S+ Youth in Foster Care

Citation: Admin. Code R21-6-321

A child in foster care has the right to be free to express their gender identity and sexual orientation.

Supports for LGBTQIA2S+ Youth in Care

Citation: Admin. Code R21-6-321

A child in foster care over the age of puberty, or as early as can be reasonably expressed by the child, shall have the right to specify the gender of the person who will assist the child with personal care, if needed and appropriate.

Placement Considerations

Citation: DCS Pol. Man., Ch. 4, § 4

In policy: The Department of Child Safety shall complete an individual assessment of the living arrangement needs for every child who requires out-of-home care prior to placement in out-of-home care.

To assess the living arrangement that best meets the child's needs, the caseworker will gather information from the following:

  • Personal observations
  • The child's parents or caregivers and relatives
  • School reports
  • Medical, mental health, or behavioral health case records
  • Previous out-of-home care providers
  • The child
  • Current foster home and shelter care providers

The assessment must include a thorough consideration of the characteristics of the child, including age, gender, religion, primary language, perceived or identified sexual orientation, and gender identity.

Caregiver Qualifications

Citation: Admin. Code R21-6-305

A foster parent shall nurture a child in foster care by helping the child develop a positive identity through the foster parent respecting the child's race, ethnicity, religion, gender, culture, and sexual orientation.

Definitions

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

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