S.R. v. Minnesota Department of Corrections & Swift County:
Gender Justice files civil rights complaint on behalf of transgender girl abused in foster care group home
FOR IMMEDIATE RELEASE
December 10, 2025
CONTACT
Noah Parrish, Communications Director
[email protected]
651.432.0171
Today, Gender Justice announced a lawsuit against Swift County and the Minnesota Department of Corrections (DOC) on behalf of S.R., a transgender girl who entered foster care at age 12 and was subjected to bullying, harassment, and discrimination in a state-licensed group home. S.R. is identified by initials to protect her privacy.
S.R. entered Minnesota’s foster care system shortly after coming out as transgender. Instead of placing her in a supportive, affirming environment, Swift County placed S.R. in a DOC-licensed facility that failed to affirm her gender identity, housed her with boys, and enforced discriminatory policies that directly violated Minnesota’s Human Rights Act (MHRA).
“Transgender youth in Minnesota have the right to safe and affirming care, including in the foster care system,” said Sara Jane Baldwin, senior staff attorney at Gender Justice. “When a foster care facility discriminates against a child and the agencies overseeing it fail to act, that’s a violation of the law and a betrayal of public trust.”
Under the MHRA and the Minnesota Constitution, it is illegal for public agencies or state‑licensed facilities to discriminate based on gender identity. Minnesota’s Department of Human Services reinforces these obligations, stating: “The most basic fundamental civil rights guaranteed to all Minnesota children and youth in out-of-home placement is the right to safety.”
Despite multiple warnings from her family, no action was taken to move S.R. to a safer placement. In the group home, she endured relentless bullying, invasive questioning, and repeated sexual harassment. When she asked to live with other girls, her requests were ignored or dangled as a reward for good behavior.
“Foster care should never feel like a punishment,” added Baldwin. “It should be a place where children feel safe and seen. That’s not what S.R. got, and she’s not alone.”
S.R.’s story is emblematic of a deeper systemic failure. LGBTQ2S+ youth are overrepresented in Minnesota’s child welfare system and face significantly higher rates of violence, mental health challenges, and discrimination. Research from Foster Advocates confirms that approximately 30% of Minnesota Fosters identify as LGBTQ2S+. With such high representation, it is critical that all counties and placements are given guidance on and held accountable to best practices for supporting LGBTQ2S+ Fosters.
The following quotes come from Fosters (those with out-of-home care experience) across Minnesota who served in Foster Advocates’ LGBTQ2S+ Leaders group. These Fosters spoke to the broader climate of systemic discrimination they and their peers have experienced, as well as the urgent need for reform.
“Justice fails when the very systems meant to protect our youth instead punish them for who they are. No young person should face discrimination from the child welfare institutions sworn to defend their rights and safety. Fosters deserve protection, not prejudice.” – Foster leader (Transgender, Greater MN)
“It should be of no surprise that there’s systemic discrimination in our facilities and our child welfare workforce — many of us have shared experiences of harmful behavior and rhetoric targeting our identities.” – Foster leader (Gay, Greater MN)
“Injustice from any institution is unacceptable, but injustice toward LGBTQ+ Fosters is especially dangerous. Their safety, dignity, and future is literally in the state’s hands and demands more from all of us, and especially from those systems entrusted with that power.” – Foster leader (Transgender, Greater MN)
“This story is unfortunately not unique; I’ve witnessed and heard similar experiences from many other queer Fosters since I entered care a decade ago. Even though it’s hard to hear another story of harm, I’m glad justice is being pursued. It’s important for this young person’s story to be centered, and for our Foster and LGBTQ2S+ communities to be seen so that current Fosters know they are not alone and something is being done about this issue.” –Foster leader (Two-spirit, Greater MN)
Gender Justice is calling on Swift County and the DOC to revise their policies, comply with existing laws, and ensure all youth, especially transgender youth, receive the affirming care and safety they are entitled to under Minnesota law.
Any Foster currently experiencing discrimination is encouraged to reach out to the Office of the Foster Youth Ombudsperson at mn.gov/oofy.
Read the full complaint
Learn more about this case
LGBTQ2S+ Know Your Rights Guide for MN Fosters
Minnesota Promise Report
2024 Child Safety & Permanency Division’s Best Practices Guide
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