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HHS Tells States Not to Remove Children From Parents Who Affirm Biological Reality

The Trump administration is protecting parental rights and warning states not to remove children from parents’ custody solely because they do not affirm a child’s self-professed “gender identity.”

The Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) sent a letter to all 50 states reminded them that “state child welfare agencies must base child removal decisions on objective evidence of abuse or imminent risk of harm” under the Child Abuse Prevention and Treatment Act.

The letter warns states “not to interpret federal definitions too broadly in ways that infringe on parental rights or lead to unnecessary foster placements by removing children for reasons that do not constitute abuse and neglect.”

Furthermore, the letter informs states “that removing a child based solely on a parent’s sincerely held religious beliefs or moral convictions” may violate the Constitution’s free exercise clause and that “removing a child for these reasons may harm both the child and the parents.”

ACF Assistant Secretary Alex J. Adams said in a statement announcing the letter, “Parents have the right to raise their children according to their sincerely held religious beliefs and moral convictions.”

Assistant Secretary Adams and HHS Assistant Secretary for Health Admiral Brian Christine released a video announcing the letter.

Assistant Secretary Adams also appeared on Newsmax to discuss the development.

HHS said the letter is a part of the Trump administration’s effort to “defend parental rights and children’s health.”

“Acknowledging biological reality and exercising sincerely held religious beliefs should not constitute child abuse or neglect under federal law,” the agency said.

Think ACF’s letter is unnecessary? Think again.

Two years in a row, Colorado lawmakers have introduced legislation threatening parents’ rights if they don’t immediately support their child’s “transition” to a new “gender identity.” California lawmakers introduced similar legislation in 2023.

Colorado’s Senate Bill 26-018, in its original form, would have required courts to consider whether or not a parent supports a child’s “identity as it relates to a protected class” when “determining parenting time and allocation of decision-making responsibilities.”

These protected “identities” include a child’s “gender identity” and “gender expression.”

The bill is so radical that Colorado Governor Jared Polis intervened to kill the provision for a second year in a row. But if past is prologue, the legislation will surely be introduced again.

Across the nation, children have already been removed from their parents’ custody solely because they affirmed biological reality and would not affirm their child’s “gender identity” – even in red states like IndianaMontanaTexas, and Arizona.

Mary and Jeremy Cox, residents of Indiana, had their 16-year-old son – who began identifying as a female – removed from their custody because the state’s Department of Child Services argued he needed to be in a home that accepted his “gender identity.” One where “she [would be] accepted for who she is,” the state claimed.

So yes, states kidnapping children from parents who won’t affirm their sexual identity confusion is a large and growing evil. One that, thankfully, ACF is paying attention to and addressing.

The agency said it “will continue to monitor states’ compliance with federal child welfare requirements” and “ensure federal funds are used consistent with the law.”

Assistant Secretary Adams said,

When states overstep their bounds, ACF will take action to deter inappropriate policies that drive unnecessary interactions with child welfare systems.

To speak with a family help specialist or request resources, please call us at 1-800-A-FAMILY (232-6459).

Related articles and resources:

Colorado Bill Would Force Parents to Accept Child’s New ‘Gender Identity’

Focus on the Family Testifies Against Nightmare Bill, Colorado’s Radical ‘Trans’ Legislation Advances

Photo from Getty Images.



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