(The Center Square) - Washington’s Department of Children, Youth, and Families has agreed to a permanent injunction that will bar state officials from forcing foster families to embrace gender ideology for children in their care.
Wednesday's injunction from District Court Judge David Estudillo said that the agency was not allowed to impose restrictions on foster family licenses based on religious beliefs.
"DCYF is prohibited from denying foster family home license applicants, or licensed foster parents seeking renewal of their license, a full license consistent with the requests of the applicant/licensee or attaching any conditions or restrictions to the license solely because of their religious beliefs, including speech and actions pertaining to marriage, gender, or sexual relationships," reads the injunction.
As previously reported by The Center Square, DCYF lost a bid to have a lawsuit against the agency dismissed, with a federal district court ruling in late April that a rule requiring foster parents to socially “transition” foster children plausibly violates the First Amendment.
The lawsuit was filed in March of 2024 by Alliance Defending Freedom attorneys on behalf of Shane and Jennifer DeGross.
The couple cared for many foster children in their home over a nine-year period, but in 2022 were told their foster license would not be renewed unless they agreed to embrace gender transition language and policies for any children in their care.
The DeGrosses lawsuit centered on religious discrimination. The state allowed them to re-apply, but after a prolonged renewal process, officials still refused to issue a standard license, restricting them such that they could not care for a child over five years old unless they abandoned their religious convictions about biological sex.
Estudillo ruled the policy requiring foster parents to socially “transition” children plausibly violated the First Amendment.
"DCYF is prohibited from requiring foster parents to agree to use prescribed words or language, including chosen pronouns, to express views about sexual orientation, gender identity, or gender expression inconsistent with their sincerely held religious beliefs as a condition of licensure," the injunction states.
DCYF will now revise its licensing policies to stop attaching conditions or restrictions to a license based on religious beliefs, and the state will also remove its regulation requiring foster parents to use chosen pronouns entirely.
ADF Senior Counsel Johannes Widmalm-Delphonse told The Center Square on Friday, the DeGrosses merely asked to be treated the same as any other family, without having to compromise their core beliefs.
“They don’t have to agree with the DeGross’s religious beliefs to see the benefit of including them in the foster care system and inviting them in to help care for children in need,” said Widmalm-Delphonse.
“We’re going to have disagreements about gender ideology and the truth about how God created us male and female. That wasn’t the purpose of this lawsuit. The purpose was, despite these differences, can DCYF pursue a big tent strategy that’s both in line with the First Amendment of the Constitution and that will promote children’s best interest to make sure every child has a loving home?"
Rep. Travis Couture, R-Allyn, has been sharply critical of DCYF, especially when it comes to the Keeping Families Together Act, which critics blame for a sharp increase in numbers of children suffering when they are left in homes with biological parents living with drug addiction or mental health issues.
He told The Center Square in a Friday interview that DCYF forcing foster parents to promote radical gender ideology is “insane and unconstitutional.”
“They’re not even asking them, but actually they are by the force of government, like a gun to your head, telling you that you will affirm the pronouns, or you can't be a foster parent,” Couture said. “I'm glad they lost, but sad that it ever occurred.
DCYF responded to a request for comment about the settlement, and questions about amending the WAC related to requiring foster parents to embrace gender ideology.
The current WAC reads:
“You must support a foster child's SOGIE by using their pronouns and chosen name and respecting the child's right to privacy concerning their SOGIE.”
SOGIE is an acronym for Sexual Orientation, Gender Identity, and Gender Expression.
DCYF is now in the process of amending the code based on the settlement.
“This settlement agreement respects the religious beliefs of foster parents, while ensuring LGBTQIA+ youth are placed in an environment that is safe and supports their well-being,” said DCYF Secretary Tana Senn.
Some of the key points of the settlement:
To ensure youth are protected, DCYF will make individual placement decisions based on a child’s needs, including needs pertaining to sexual orientation, gender identity, and gender expression (SOGIE). When a foster parent, for whatever reason, cannot meet a child’s needs, including SOGIE, DCYF can decide not to place with that foster parent.DCYF retains full and sole authority over where children are placed. No foster family has a right to have any particular child placed in their home. And DCYF can decline placement, or remove a child from a home, whenever a placement would harm a child for any reason.DCYF is updating its foster care licensing rules. Foster parents will not be required to use words that conflict with their sincerely held religious beliefs as a condition of being licensed.DCYF cannot deny or restrict a foster care license solely because of an applicant’s religious beliefs about marriage, gender, or sexual relationships. However, if an applicant does not meet other licensing requirements, DCYF may still deny the applicant a license.
Widmalm-Delphonse with ADF told The Center Square, DCYF will also pay legal fees as part of the settlement.
“They will pay $250,000 in attorney fees to ADF,” he said noting that in cases where state actors are not upholding Constitutional protections, plaintiffs are entitled to legal fees.
DCYF lawsuit payouts and tort claims have skyrocketed, primarily driven by allegations of historical abuse in the foster care system, putting significant strain on the Washington state budget.
Total state tort claims reached an all-time high of $499 million in 2025, with DCYF-related cases accounting for the bulk of these payments.
