(The Center Square) - Washington’s Department of Children, Youth and Families has lost a bid to have a lawsuit against the agency dismissed, and is moving this month to amend the policy that got them sued.
A federal district court ruled late last month that a Washington state licensing rule requiring foster parents to socially “transition” foster children plausibly violates the First Amendment.
As reported by The Center Square, 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 DCYF policy explicitly said that foster parents had to agree to use the child's chosen name and pronouns, no matter what. Otherwise, they couldn't qualify as foster parents," said ADF Senior Counsel Johannes Widmalm-Delphonse in a Tuesday interview with The Center Square.
“They told DCYF they would lovingly care for any child, but they didn't want to use inaccurate pronouns,” he said.
At that point, ADF sued on behalf of the couple and DCYF then backtracked on the policy, but asked the DeGross’s to sign a waiver strictly limiting the foster children they could care for.
“They [DCYF] ended up putting arbitrary restrictions on their license, stating that they couldn't care for any child long term, or a child that was over 5 years old….they couldn't accept emergency placements. They had to take training on LGBT topics, which, in our view, was intended to change their religious beliefs.”
Widmalm-Delphonse said those arbitrary restrictions not only discriminated against the DeGross’s, but served as a deterrent to any other religious families to apply to become foster parents in the state.
He noted that requiring the DeGross to sign a waiver that directly conflicts with their religious beliefs is a Constitutional violation.
“It’s their religious belief that God created male and female, and you can't change that, versus DCYF’s belief that you have to promote one child's confusion or belief that they are different sex, regardless of the circumstances.”
It its decision in DeGross v. Hunter, the U.S. District Court for the Western District of Washington found that, similar to a policy which ADF attorneys challenged in Bates v. Pakseresht, Washington’s rule “restricts certain speech by prospective parents on the topic of [Sexual Orientation, Gender Identity, and Expression], while requiring speech that aligns with the state’s perspective.”
Widmalm-Delphonse noted that at the same time DCYF has placed onerous requirements on foster parents, thousands of foster children are languishing
“When children are sleeping on cots in child-welfare offices for lack of loving homes, states like Washington should be doing everything they can to bring in more qualified foster parents,” said Widmalm-Delphonse.
“But Washington state is putting its own ideological agenda ahead of children’s needs."
According to 2025 statistics in a “Who Cares” report of national foster homes and families, there are more than 4,700 children in Washington foster care and about 4,800 foster families. The majority of those families are relative caregivers, with about 2,300 non-relative licensed foster families.
While the number of children in foster care has decreased significantly in recent years, Washington continues to experience a high volume of child abuse and neglect reports, with a record number of critical incidents in 2025 with children who died or suffered a near fatal incident, often in homes with drug addicted parents.
Critics blame the 2021 Keeping Families Together Act, which was aimed at reducing foster care dependency by requiring proof of "imminent physical harm" for child removal, for the record number of critical incidents.
Republicans including Rep. Travis Couture, R-Allyn, tried again during the 2026 legislative session to pass legislation to change the “imminent harm” standard, but majority Democrats rejected those attempts.
“They worry more about protecting drug abusing parents than saving babies and toddlers,” Couture told The Center Square.
Widmalm-Delphonse said the lawsuit can now move forward, more than two years after it was filed.
“The message that has been sent and some officials [believe], is we're better off without these parents. Christians in the system who've been caring for orphans and widows for centuries are really a cornerstone of helping to provide for these kids' needs," Widmalm-Delphonse said.
DCYF changing policy
The Center Square asked DCYF if their policy requiring foster families to embrace gender ideology remains in place and received the following response via email:
“The current WAC is 110.148.1520. It is currently being revised. DCYF received public comment on proposed changes as part of the rulemaking process,” wrote DCYF Director of External Communications Nancy Gutierrez.
The Center Square pressed further for a timeline for a policy change.
“We will be reviewing public comment during the month of May. We will have a better idea regarding the timeline and changes once that is complete,” Gutierrez said.
"We welcome any amendments to DCYF's policy that will welcome back religious families into the foster-care system," added Widmalm-Delphonse.
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