S.R. v. Minnesota Department of Corrections & Swift County:
Making Foster Care Safe for Trans Youth
Transgender youth in Minnesota have a legal right to safe, affirming care — including in the foster care system. But when S.R., a 12-year-old girl, was placed in Swift County’s care, that promise was broken.
Instead of placing her in a supportive, affirming environment, the county sent S.R. to a group home licensed by the Minnesota Department of Corrections (DOC) that housed her with boys and operated under blatantly discriminatory policies. There, she was subjected to relentless bullying, harassment, and emotional trauma. When her mother sounded the alarm, DOC failed to intervene.
S.R.’s story is not an isolated incident. It’s a window into a broader system that continues to fail transgender youth when they need protection most.
How We Make Change
What We Fight For
Where Barriers Occur
When S.R. entered the foster care system at 12 years old, she had recently shared her truth: she is transgender. Rather than placing her in a supportive and affirming environment, Swift County placed her in a group home licensed by the Minnesota Department of Corrections (DOC) that refused to house her with other girls.
Her family pleaded with county officials, warning them that placing her in a boys’ unit would expose S.R. to harm. Their concerns were investigated, but quickly dismissed.
In the group home, S.R. endured relentless bullying, invasive questions, and sexual harassment. When she asked — again and again — for safety, respect, and simply to live among other girls, her requests were ignored or dangled as rewards for “good behavior.”
This treatment sent S.R. a devastating message: that basic dignity and respect were privileges to be earned, not rights she inherently deserved.
Foster care should never feel like a punishment. It should be a place of refuge and healing, where vulnerable youth are seen, affirmed, and genuinely cared for.
The Law Was Clear. The State & County Failed
Affirming transgender youth in foster care isn’t just morally right, it’s required under Minnesota law.
The Minnesota Human Rights Act (MHRA) explicitly prohibits discrimination based on gender identity in all public services, including foster care placements. Additionally, Minnesota’s Constitution guarantees every Minnesotan the right to equal protection under the law.
And the Minnesota Department of Human Services (DHS) is crystal clear: “The most basic fundamental civil right guaranteed to all Minnesota children and youth in out-of-home placement is the right to safety.”
DHS further emphasizes that affirming a young person’s gender identity is essential to that safety. Failing to do so increases the risk of bullying, isolation, depression, and suicide.
Both Swift County and DOC ignored this guidance. They placed S.R. in a facility with openly discriminatory housing policies, allowed mistreatment to continue, and denied that harm occurred.
Fixing What’s Broken
S.R.’s experience reflects an all-too-common reality for transgender youth in foster care. While she had the support of her family, many trans youth enter care because they’ve been rejected by theirs. Instead of finding safety, they face a second wave of harm within the very system meant to protect them.
With LGBTQ+ youth disproportionately represented in Minnesota’s foster care system, it’s long past time to fix what’s broken. Through this case, we’re demanding reforms that center young people’s dignity, follow the law, and ensure every young person in care receives the affirming support they deserve.
How You Can Help
Help us keep fighting for LGBTQ+ youth. Your financial support allows us to take on cases like this to help ensure that all young people, regardless of gender identity, receive the respect, safety, and affirming care they deserve.
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