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Federal settlement changes Washington foster-parent licensing rules
A federal court order bars Washington from denying or restricting foster licenses solely because of applicants’ religious beliefs about marriage, gender or sexuality. The state must also remove a requirement to use children’s chosen names and pronouns as a condition of licensure, while retaining authority to make placements based on each child’s needs and safety.
A federal judge has approved a settlement requiring Washington’s Department of Children, Youth and Families to change foster-parent licensing rules challenged by a couple who said the requirements conflicted with their religious beliefs.
The May 20 order, issued by U.S. District Judge David G. Estudillo in Tacoma, bars the department from denying a full foster-family license or imposing restrictions solely because of an applicant’s religious beliefs about marriage, gender or sexual relationships, including speech and conduct consistent with those beliefs.
The department must revise a licensing rule so foster parents can either connect children with resources and support related to their identities and needs, or refrain from obstructing the department or others from helping children access that support. The order also directs the state to remove a rule requiring foster parents to use a child’s chosen name and pronouns when doing so conflicts with their sincerely held religious beliefs.
The case was brought by Jennifer and Shane DeGross, who had fostered children for nine years. Their child-placing agency, Olive Crest, could not certify their license renewal because they could not meet the department’s requirements concerning names and pronouns, according to the court order. The couple sued state child-welfare officials, alleging the rules violated their First Amendment rights.
The state issued the DeGrosses a waiver in 2025, but it came with restrictions, including limits on the ages of children they could foster, a ban on emergency placements and a requirement to complete LGBTQIA+ training. Under the settlement, the department must rescind those restrictions and confirm in writing that the couple has a full, unrestricted license. The state must also pay $250,000 in plaintiffs’ attorney fees and costs.
The order does not give foster families a right to care for any particular child. The department may still consider a child’s individual needs and a prospective foster parent’s ability or willingness to meet them, including needs related to sexual orientation or gender identity. It may decline or end a placement if it determines a child faces harm, and it may continue asking applicants about their views as part of the licensing process.
The settlement resolves the parties’ claims in the case, but the court retains jurisdiction to enforce the order.