Dec. 2 Federal Update: New Guidance to Boost Educational Stability and Success for Foster Children

On Nov. 15, the Departments of Education and Health and Human Services released updated guidance to enhance educational stability and success for children in foster care. This new guidance builds on and strengthens the 2016 guidance, offering clearer recommendations for state and local education agencies and child welfare agencies working with foster children. The guidance addresses frequently asked questions about crucial topics such as Title I educational stability provisions as well as data collection to support students in foster care.

While the updated guidance does not change the existing policy, it aims to improve the implementation of foster care stability provisions by clarifying how they intersect with other educational programs. The goal is to provide more comprehensive support for foster care students through a stronger, more collaborative approach. The guidance also recognizes the unique intersectional identities of foster children, highlighting additional support programs available through the Departments of Education and Health and Human Services. Overall, this initiative seeks to ensure children in foster care receive the stability and support they need to succeed academically, underlining the importance of educational stability for foster children under Title I.

House Subcommittee Examines Safety and Vetting Policies for Unaccompanied Migrant Children

On Nov. 20, the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement held a hearing to examine the processing of unaccompanied alien children by the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) Office of Refugee Resettlement. The focus of the hearing was on policies related to unaccompanied minors, including the vetting of sponsors and guardians, and safeguarding children from potential threats such as human traffickers. The committee also addressed concerns regarding reports of missing migrant children in HHS custody and the efforts to locate them.

Chairmen Clay Higgins (R-La.) and Dan Bishop (R-N.C.) opened the hearing, emphasizing the government’s responsibility to protect vulnerable children. HHS Secretary Xavier Becerra later testified, outlining the safety protocols in place for children after being released to vetted sponsors. While acknowledging the agency’s limited authority to monitor children once they are discharged, Becerra highlighted the agency’s efforts, such as follow-up phone calls and post-release services, to ensure the children’s safety and wellbeing. He reaffirmed HHS’s commitment to adhering to child welfare best practices, prioritizing the best interests of the children in their care.

HHS Removes Barriers for HIV-Positive Patients, Expanding Access to Life-Saving Kidney and Liver Transplants

On Nov. 26, the Department of Health and Human Services (HHS) announced a new final rule that removes clinical research requirements for kidney and liver transplants between donors and recipients with HIV. This rule is part of the ongoing implementation of the HIV Organ Policy Equity (HOPE) Act, which aims to increase the availability of organs for transplant and reduce stigma for people with HIV. By eliminating the need for institutional review board approvals and clinical research for these transplants, the rule reflects robust research showing the safety and effectiveness of kidney and liver transplants in HIV-positive individuals.

This policy change is expected to streamline the transplantation process, reduce wait times for individuals in need of organs, and lower healthcare costs. It will also significantly increase the availability of life-saving organs for all patients, regardless of their HIV status. Admiral Rachel L. Levine, M.D., Assistant Secretary for Health, emphasized that the move aligns with the latest evidence and reflects the commitment to improving healthcare access for people with HIV. Along with the final rule, the National Institutes of Health (NIH) is seeking public input on revising research criteria for other organ transplants under the HOPE Act, aiming to expand the program further and continue building evidence on transplant outcomes for individuals with HIV.

Updates from the Judiciary

Federal Appeals Court Upholds Indiana’s Ban on Gender Affirming Care
On Nov. 26, the 7th U.S. Circuit Court of Appeals upheld an Indiana law banning the use of puberty blockers and hormones for transgender minors under 18. The court ruled the law does not discriminate based on sex because it prohibits gender transition procedures for all minors, regardless of their sex assigned at birth. They also concluded the law does not violate the constitutional rights of transgender children, their parents, or medical providers. This ruling comes as more states have passed similar laws, with over 20 states enacting restrictions on gender-affirming care since 2021.

The Indiana law mirrors a similar law in Tennessee, which is set to be reviewed by the U.S. Supreme Court in the case United States v. Skrmetti. The main issues in the case include whether banning gender-affirming care violates the 14th Amendment, whether it infringes on parents’ rights to make medical decisions for their children, and whether these laws should undergo heightened scrutiny. The 7th Circuit’s ruling could serve as an important legal precedent for the Supreme Court as it decides on the national availability of gender-affirming care for minors.

Wyoming Court Blocks Statewide Abortion Ban, Protects Access to Medication Abortion
On Nov. 26, Judge Melissa Owens of Wyoming’s Ninth District Court blocked the state’s total abortion ban, including the nation’s first explicit prohibition on the use of medication for abortion. Judge Owens ruled that the ban would interfere with the integrity of the medical profession by limiting doctors’ ability to provide evidence-based care. She also determined that Wyoming’s abortion laws violate the state’s constitution, which guarantees individuals the right to personal autonomy in medical decisions. The judge emphasized that the decision to have an abortion should be made by the pregnant individual, not by any other party.

The ruling has significant implications for abortion access in Wyoming, as it temporarily prevents the enforcement of the restrictive laws. Governor Mark Gordon said the state plans to appeal the decision to the Wyoming Supreme Court, indicating an ongoing legal battle over abortion rights in the state.

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