Vermont Business Magazine Today the Vermont Department for Children and Families (DCF) moved to settle two federal lawsuits concerning foster care licensing requirements and care for LGBTQ+ youth: Wuoti v. Winters and Antonucci v. Winters.
In both cases, the Wuoti and Antonucci families lost their foster care licenses over their religious beliefs involving how they would and would not support the children's LGBTQ identity. Wuoti family had previously served as a foster family and received positive feedback from DCF in that role. Both families subsequently sued the state and both lost their cases in US District Court in Vermont and appealed those decisions.
The settlement restores their foster care licenses. The DCF statement does not elaborate on how these exact situations would be handled in the future.
In the Vermont federal court before Judge Sessions from a year ago, the Antonucci case states:
"Plaintiffs Melinda Antonucci and Casey Mathieu bring this action claiming violations of their rights under the First and Fourteenth Amendments to the United States Constitution. Plaintiffs allege Defendants unlawfully revoked their license to serve as foster parents after they expressed certain objections, including their unwillingness to assist with the social and medical transitioning of a potential transgender foster child. Now before the Court is Plaintiffs’ motion for a preliminary injunction, which seeks to enjoin Defendants from revoking their foster care license while this litigation is pending. For the reasons set forth below, the motion is denied."
The state had argued that, "Removal of an LGBTQ foster child from their placement specifically because of their LGBTQ identity is extremely damaging to their psychological and physical safety, mental health, well-being, and normalcy.”
Judge William Sessions concluded (February 20, 2025): "The Court therefore finds, based upon the current record, that the Rules and Policies established and implemented by DCF and Defendants serve the compelling interest of protecting the health and welfare of LGBTQ youth, and are narrowly tailored to necessarily address that interest. "
Chris Winters was the DCF commissioner at the time. He was appointed deputy commissioner of Labor last September. Sandi Hoffman is interim commissioner of DCF.
"After careful consultation with organizations that represent and advocate for LGBTQ+ youth, settling these cases is in the best long-term interest of the children and youth we serve and will allow DCF to focus our attention on supporting children and youth by thoughtfully matching them with the caregivers best able to meet their individual needs.
"As we move forward, DCF will continue to place every young person, including LGBTQ+ youth, in homes where they are physically safe, emotionally supported, and treated with respect. Their safety and well-being remain central to every placement decision. DCF will also work to strengthen clear accessible ways for young people to contact the department directly if they have concerns about their placement — and to feel safe doing so."
The Vermont Department for Children and Families delivers a wide array of programs and services to Vermonters in areas such as child care, child development, child protection, child support, disability determination, and economic benefits that help meet basic needs.
Vermont Department for Children and Families
280 State Drive | Waterbury, VT 05671 | www.DCF.vermont.gov
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