Democrats in the Minnesota House of Representatives are pushing legislation that would require foster parents to affirm and support a foster child’s “sexual orientation, gender identity, and gender expression.”
Authored by DFL Rep. Jessica Hanson, HF 3024 would create a “foster youth bill of rights” in Minnesota state law. The wide-reaching list of rights would mandate that children in the foster care system be provided with physical safety, basic needs, and much more.
However, a major section of the bill gives foster children the right to have their “sexual orientation, gender identity, and gender expression affirmed and supported, including the right for the foster youth to express themselves in the way the foster youth decides.”
Specifically, HF 3024 gives foster children the right to have their chosen pronouns, clothing selections, and chosen name “affirmed and supported.” However, the proposed foster youth bill of rights goes much further than just names, clothes, and pronouns.
HF 3024 also includes a right for foster kids to “request and be supported in obtaining gender-affirming care including counseling, medication, and other supportive services.” The bill also has language giving foster youth the right to access “abortion services.”
Additionally, Hanson’s bill contains a right for foster children to have “regular contact with communities that reflect the foster youth’s … gender identity and gender expression.”
If HF 3024 became state law, alleged violations of the foster youth bill of rights would be examined by a court or an administrative review process. A court would have the power to “remedy” violations of the foster youth bill of rights.
Hanson’s bill was heard last week in the House Children and Families Committee.
Speaking about her bill, Hanson said Minnesota is one of only five states without a foster youth bill of rights. Hanson said her hope is that HF 3024 would establish “a consolidated place to refer to so that [foster youth], and everyone, knows their rights while they are in care.”
During the committee hearing, Renee Carlson, the general counsel for True North Legal, testified against the portion of HF 3024 that involves gender identity. True North Legal is affiliated with the Minnesota Family Council.
“We agree that every foster youth deserves a safe, loving home with safe, loving adults,” Carlson said. However, Carlson explained that the gender identity language within HF 3024 “goes beyond addressing basic needs” and would “exclude qualified foster parents whose beliefs conflict with these mandates.”
Carlson said Minnesota has seen a 35% drop in foster families since 2018, and HF 3024 would “exacerbate the problem of long wait times and no placement for these youth.” She noted that similar gender identity language has been struck down by courts in other states.
Republicans on the committee expressed a desire to pass a foster youth bill of rights, but GOP Rep. Nolan West said he was concerned that the gender identity language could lead to future legal challenges.
Hanson indicated that the gender identity language is “already existing in much of [state] law,” and “much of the foster bill of rights is existing in other aspects of law.” She said her bill “summarizes” those portions of state law “all together.”
Earlier in her comments to the committee, Hanson said foster youth rights in Minnesota are currently “unclear” and spread out across state law, agency guidelines, and rules.
Misty Coonce, the Minnesota ombudsperson for foster youth, said foster care licensing guidelines already contain an “expectation” to “increase understanding of, and respect for,” a foster youth’s “sexual orientation and gender identity.”
Coonce did not say whether the specific provisions of HF 3024 already exist in state law.
Ultimately, the committee did not take a vote on HF 3024. Instead, the bill was laid over for possible inclusion in a future omnibus bill.
Luke Sprinkel
Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.
