On July 6, 2026, PCFJ submitted formal comments on the Pennsylvania Department of Human Services’ much-anticipated proposal to update state foster care regulations to prohibit discrimination based on youth’s sexual orientation, gender identity, or expression (SOGIE) . The proposal stems from the proposed regulations PCFJ submitted to DHS in conjunction with a statewide work group in June 2022
In addition to adding SOGIE characteristics as protected classes for youth, the proposal includes a specific right to access to gender-expression-appropriate clothing. Among other things, it would also increase child welfare agency staff training requirements to ensure that staff are equipped with affirming best practices for the LGBTQIA+ youth they are serving.
In addition to supporting the provisions above, PCFJ recommended changes consistent with its suggestions in 2022. We strongly suggested the inclusion of, among other things, more specific confidentiality and disclosure requirements, to ensure that LGBTQIA+ youth are not involuntarily “outed,” as well as the adoption of language governing affirming bedroom and bathroom accommodations for trans and other gender diverse youth.
DHS’s proposal comes at a critical time, with 71% of Pennsylvania youth reporting experiencing discrimination based on their sexual orientation and/or gender identity (Trevor Project). LGBTQIA+ youth are also overrepresented in foster care, constituting less than 10% of all youth in the United States but approximately one third of youth in such care.
PCFJ applauds DHS for its ongoing efforts to protect and support all youth in Pennsylvania’s foster care system.