Parents Challenge Massachusetts Foster Care Policies
The parents of Christian Foster in Massachusetts are taking a stand against state regulations that mandate foster parents to affirm and support their children’s gender identity, or they risk losing their licenses. This legal challenge, initiated on September 3rd, involves two families—Jones and Schlock—who claim they’ve either faced loss of their licenses or are in jeopardy of doing so under these guidelines.
Both families argue that these policies conflict with their religious beliefs. The lawsuit highlights the requirement for foster parents to sign agreements affirming their foster child’s gender identity and expression, which they argue infringes upon their rights.
The lawsuit points out that the Massachusetts Department of Children and Families plans to remove Jones’ 17-month-old foster child from their care. This situation is particularly troubling as the child was only two months old when they began to live with them.
Similarly, Schlock, who has cared for 28 foster children over six years, stated they either surrendered their license or were pushed to do so after informing the state in June that they couldn’t comply with the policies. Alliance Defending Freedom (ADF), the legal group representing these families, noted that they had previously fostered 35 children without issues prior to the new requirements.
Historically, Massachusetts did not necessitate verbal affirmations of foster children’s gender identities, but changes were implemented between 2023 and 2024, mandating contractual agreements to speak and act in ways that affirm a child’s sexual orientation and gender identity.
The ADF contends that the state is contravening its clients’ First and Fourth Amendment rights. They emphasize the adverse impact on children, especially given Massachusetts’ existing foster care shortages. ADF senior adviser Johannes Widmalm Dorfon remarked that state policies seem to prioritize ideology over the actual needs of children.
The situation is critical; Massachusetts is facing over 1,400 children in need of placement, as the foster care system struggles to accommodate them. The families involved in the lawsuit are seeking a court order to halt enforcement of the rules, deem them unconstitutional, and cover legal expenses.
As of now, the Massachusetts Department of Health and Human Services and the Department of Children and Families have not offered any comments regarding the lawsuit.
