HB283 focuses on amending Utah’s child and family services.
It addresses foster care and issues concerning action plans for queer children in at-risk homes.
While HB283 aims to create safer environments for children in the foster care system, it is riddled with homophobic and transphobic policies. HB283 endangers children. The Utah legislature must not pass this hateful bill.
HB283 Endangers Utah’s Queer Children
A foster child does not choose their identity just as much as they do not choose to be in the foster care system. The state must grant foster children and queer children alike safe asylum. Currently, Utah is not utilizing its power to provide this to children. It’s doing the opposite.
HB283 says parental disagreement with a child’s sexual orientation is not a cause for protecting the child. This includes granting the state the right to refuse the removal of a child from a home where a parent disapproves of the child’s identity. In doing so, the state is turning a blind eye to the danger in which queer youth face.
Queer Youth and Homelessness
HB283 restricts access to safety for children who are more susceptible to homelessness. LGTBQ+ youth are at higher risk for experiencing homelessness in the U.S..
Queer children are projected to be 120% more likely to experience some form of homelessness. The leading cause is family conflict, which includes queer youth fleeing homes to escape sexual violence.
Utah’s queer children deserve the right to safe asylum. When a child’s sexual orientation leads to family conflict, the child needs support.
Disputes in this manner not only lead to homelessness but also impact mental health. Namely, 58% of youth who reported experiencing homelessness also reported considering suicide.
HB283 is ignoring these dangers when limiting safeguards for Utah’s queer youth.
Utah Courts v. Queer Youth
Utah must acknowledge that an unsafe environment is intolerable regardless of the child’s orientation. HB283 states that the court will not consider parental disagreement with the child’s identity or sexual orientation when determining reunification. In other words, the court will not acknowledge an unsafe environment due to the child’s orientation. In doing so, Utah is prioritizing an anti-LGBTQ+ agenda over safeguarding its children.
HB283 provides a potential breeding ground for abuse based on transphobia and homophobia. Queer children in foster care and those seeking refuge from toxic home environments are incredibly vulnerable.
Utah is responding to their queer youth by showing that they are not protected even when they need it the most. Utah must prioritize the child’s best interest regardless of their identity.
But HB283 demonstrates that Utah prefers to wait until it is too late to save a child.
Lack of Input from Utah Foster Care and DCFS
In search of primary sources, I reached out to Utah Foster Care for more information and they did not feel comfortable discussing this issue.
Furthermore, via email, the Utah Department of Child and Family Services stated they were neutral on this bill and couldn’t do an interview.
The lack of communication from the major agencies that are implementing these policies is harmful to the LGBTQ+ community. This shows that they are not only unwilling to stand up for queer youth, but they will not even have a conversation involving the queer community within their care.
It must be made clear that these agencies provide a tremendous number of positive impacts for children in Utah, that is non-disputable.
However, it is unclear what role these agencies play in HB283 aside from now having to implement the harmful policies within it.
And without communication from the agencies regarding LGBTQ+ issues, they are broadcasting discomfort for advocating for the queer children impacted by HB283.
Safety Must Be Prioritized
Utah must prioritize protecting children over protecting homophobic parents. HB283 says that parental disagreement with a child’s orientation must not cause discrimination in court when determining child custody as part of a divorce.
In other words, a toxic home environment is not a cause for consideration when deciding a child’s well-being. The harms of queer children living with unaccepting parents are fatal.
We must discuss the benefits that can come from queer youth living with accepting parents.
Queer youth that live amongst accepting parents experience more positive outcomes.
For example, those in healthy homes are less likely to use substances than those in unhealthy homes. Furthermore, queer children that have family acceptance and support have reported higher self-esteem, social support, general health status, less depression, and less suicidal ideation amongst the queer community.
It’s unclear why HB283 and the Utah legislature would want to keep this away from queer children.
Utah must foster safety for all children. Utah must not turn queer children’s right to safety into a debate.
