Your rights: Being a teen parent in foster care (NYC)

Are you a teen parent living in foster care in New York City? This guide explains your rights and responsibilities.

Can I keep my child while I'm in foster care?

Yes. You have the right to:

• Live with your child
• Keep taking care of your child
• Get help from your foster family
• Get money and services to support your child

The only time you might not keep your child is if ACS thinks your child is in danger.

Where can I live with my child?

You and your child should live together. ACS will try to find a foster family who will take both of you. Sometimes you might need to live in a group home if they can't find a foster family right away.

Your home must be safe for you and your baby. This means:

• No dangerous things like exposed wires
• Fire extinguishers and clear fire escapes
• A crib for your baby with sheets and blankets
• A clean, comfortable place to live

Can I be adopted if I have a child?

Yes. You can be adopted and:

• Keep legal custody of your child
• Get federal money to help your adoptive family support you both

How do I pay for what my child needs?

When you live with your child in foster care:

• Your foster care agency gives money to your foster family
• This money is for things like food, clothes, and diapers for you and your child
• Your foster family should use this money to take care of both of you

How do I get medical care for my child?

• Your foster care agency provides medical care for you and your baby
• You are the only person who can say "yes" to medical treatment for your child
• In an emergency when you can't be reached, your caseworker or foster parent can get emergency care for your child

Can I place my child in foster care while I'm in foster care?

Yes, but ACS wants to help you keep your child if possible. Before placing your child, ACS must try to help you with support and training on how to be a parent. Your child can go to foster care only if these services don't help. 

To place your child in foster care, you make a "voluntary placement agreement." It gives ACS legal custody of your child. This means ACS decides where your child lives and when you can visit. Talk to a lawyer before you sign the voluntary placement agreement. Be sure you understand everything you sign. 

What if I want my child back later?

• You must ask ACS in writing (not just by phone)
• ACS has 20 days to decide
• They can return your child or ask a judge to keep your child in foster care
• The judge makes the final decision

Can ACS take my child away from me? 

Only if they think your child is in serious danger. If this happens:

• It's called a "removal"
• ACS must take you to court
• They must prove there is a strong risk of harm to your child

How do I get my child back if ACS wins the case against me?

You have the right to get help through a service plan with ACS.

A service plan:

• Looks at your child's health and needs
• Lists what needs to be done to meet these needs. This could include programs you and your children need to participate in, like anger management, parenting classes, a domestic violence program, and other preventive services.
• Helps you stay in school or get a job
• Explains who (you, ACS, or someone else) will do each task

Be careful! Some parts of service plans could cause more legal problems for you. Talk to a lawyer before agreeing to:

• Drug tests
• Mental health evaluations
• Drug treatment programs

Where to get free legal help

The Door is a youth center that helps New York City young people ages 12-24 with free services, including legal help, healthcare, housing, counseling, and job training. They have locations in Manhattan and the Bronx.

Remember:

• You have the right to keep your child while in foster care
• Ask for help when you need it
• Keep copies of any papers you sign
• Talk to a lawyer before signing any agreements about your child