Shane and Jenn DeGross became foster parents in 2013 and cared for four children over nine years. When their license came up for renewal in 2022, they objected to questions about using a child’s preferred name and pronouns and taking them to Pride events or gender-affirming medical appointments. The state declined to renew their license.

The DeGrosses sued with the help of Alliance Defending Freedom, a conservative Christian legal organization. They argued the licensing requirement violated their rights to religious freedom and free speech. The state settled the case, leaving the constitutional questions unresolved in court.

Under the agreement, Washington will remove the requirement that foster caregivers agree to support a child’s sexual orientation or gender identity in order to obtain a license. The state’s child welfare agency said it will continue to decide which children are placed with which families and will not knowingly place queer children with caregivers who would not support them.

The agency said it plans to add a question to foster-parent intake forms starting in 2027, asking applicants how they would support children’s characteristics, including sexual orientation and gender identity and expression. Applicants who identify areas they cannot support will be asked to explain; the agency says the information is intended to guide placement decisions, not automatically disqualify caregivers.

The change has raised concerns about whether the state can reliably identify a young person’s needs and match them with a supportive home. Washington does not track how many children in foster care identify as LGBTQ+. Research indicates LGBTQ+ youth are more likely to be in foster care than young people overall.

Nathan LaChine, a longtime foster parent near Tacoma, said using a young person’s name and pronouns is important to building trust. He cautioned that a child’s identity may develop over time, making it important for caregivers to support that process throughout a placement.

Bailey Peterson of Washington’s Office of Civil Legal Aid said the new approach will depend on frontline workers assessing children’s changing needs and building enough trust for youth to share them.

The state has thousands of children in foster care, many placed with licensed caregivers when relatives cannot care for them. Foster parents must meet requirements such as completing training, having adequate space and using nonphysical discipline. The DeGrosses’ lawyer, Johannes Widmalm-Delphonse, argued the settlement could also widen the pool of available caregivers amid a shortage of foster homes.

The agency said the settlement respects caregivers’ religious beliefs while aiming to ensure LGBTQ+ youth are placed in environments that support their well-being. The dispute leaves unresolved how the state will balance those commitments when a child’s needs and a caregiver’s beliefs conflict.