QUESTION: Can I remain in foster care after I turn 18?ANSWER: Yes, I New York State, you have the right to remain in foster care until you turn 21. If you are discharged before you turn 21, ACS or your agency cannot discharge you to a a shelter or a Single Room Occupancy (SRO) hotel and must assist you in finding stable housing where you can live for at least one year. To remain in care after you turn 18, you must be attending some type of educational or vocational program, or be unable to live independently. Some agencies may not let you stay in their program if you are not in school. They can transfer you to another agency, but they cannot kick you out of foster care.
If you are in "independent living" and are going to be discharged, ACS or your agency must:
- Notify you in writing that you are going to be discharged at least 90 days before you are discharged. The notice should include the plans you and your agency have made for your discharge and the services that will be available to you after you are discharged. This notice requirement does not apply if you leave your foster care placement voluntarily without ACS's consent (also known as going AWOL) and don't come back for 60 days;
- Help you find a place to live that is not a shelter or SRO hotel and where there is "reasonable expectation" that you can stay for 12 months after discharge (except if you go into the military or are AWOL for 60 days straight);
- Identify people, services or agencies who can help you reestablish contacts with parents, former foster parents or others who are important to you.
If you are discharged from care before your 21st birthday, you can remain on "trial discharge" until you turn 21. ACS or your agency must stay in contact with you to make sure that you are okay and that you still have a place to live. This means that if you become homeless while on trial discharge, ACS is required to assist you in finding stable housing that is not a shelter or an SRO. If after 30 days you are unable to find housing, ACS has to offer you a foster home, a group home or a campus where you can live (basically, take you back into the system). You should talk to your caseworker to let him or her know you want to stay on trial discharge.
If you think there is a chance that you want to stay in care after your 18th birthday, it is very important for you to contact your social worker and lawyer and let them know you want to remain in care.
QUESTION: Does my agency have to hold my bed in the group home when I go away to college, so I can have a place to stay when I come home on vacation?
ASNWER: No, your agency does not have to hold your group home bed while you are away at college. They are allowed to fill your bed and probably will.
Some agencies agree to "retain planning responsibility" while you are in college. This means you technically stay in foster care and the agency is legally responsible for you. In this case, they have to help you arrange a place to stay over the holidays (Christmas break, the summer, etc.) if you don't have somewhere to go and the dorms close. But this doesn't mean you have the right to go back to your group home or foster home. The agency can offer you other options or just give you a list of places you can go. Talk to your social worker, independent living coordinator, or the education specialist at your agency if you want specific information about planning for college.
QUESTION: If I go away to college, can I stay with my foster family?
It depends on your foster family's situation and the agency's policies. If the family wants you to come back on vacations and breaks, they can agree to hold your bed for you. But this means that while you are away, they do not get paid (you are put on "suspended payment") and they have an empty bed in their house. They only get foster care money for the days that you are back in the house (on "active payment" status).
So some families might want to take in another foster child to take your bed. Depending on the size of their home, they may or may not have room for you when you come back. The agency may be able to find you another place to stay if you cannot return to the foster home. You should talk to your foster parents and social workers to find out what your options are if you go away to college.
QUESTION: I'm ready to leave foster care soon. How can my agency help me find a place to live?
ANSWER: If your goal is independent living (if you're not planning on going back to live with your family or being adopted), your agency should help you find housing. while you are still in care, they should teach you how to find an apartment, both through classes and by giving you hand-on help in actually looking for one. For example. they should take you to meet landlords and real estate agents, and continue to support you once your move out on your own. Your agency also must help you get in touch with community organizations, previous foster parents, and/or relatives who can help you to live on your own after you are discharged.
QUESTION: What should I do if my agency is not helping me find an apartment or other place to stay?
ANSWER: Do not give up. you have the right to have your agency help you find housing. You should meet with your social worker and other people at your agency to arrange this. To prepare for this meeting, you can take the following steps:
- Find out your rights and responsibilities. Find out if your agency has a manual that lists your rights, and see if it covers moving out on your own. Also, call the NYC Legal Rights Hotline (212-675-6181) to find out your housing rights.
- Set a specific goal. Do you want to move in two months, or a year from now? Do you plan to live with a roommate? Do you know where you want to live?
- Learn who at your agency can help you. Talk to your social worker. Who is the independent living director? Does the agency have a housing specialist?
- Think about who else is on your side. Do you have a foster parent, old social worker, your lawyer, or a teacher who you feel you can talk to or who could come to a meeting with you.
After you take these steps, call your social worker and ask for a meeting. Let her know that you are willing to help yourself, but that you also need help and information from her and the agency. If you agency has a housing specialist, you should ask that person to be a part of the meeting. You can also write a letter to your social worker and the agency director.
QUESTION: How do I get money to pay for an apartment?
ANSWER: Many young people cannot afford to rent an apartment along because it can be very expensive. You need a steady job and a certain amount of money saved up. There are different ways you can get money for an apartment: savings from your job or I.L. stipend, a special program at your agency, the rent subsidy program, or public assistance.
- Some agencies have special money set aside to help young people get apartments. This may include money to cover the first couple of month's rent. Ask your agency if they have a special program available to help you.
- You may be able to get money through the foster care rent subsidy program. The rent subsidy is a grant of money of up to $300 per month from ACS that can be used to pay a part of your rent for up to three years, but only until you are 21. You may be entitled to this money past the age of 21 if you have a child. To apply for this subsidy and to find out if you qualify, talk to your social worker or caseworker. If your social worker or caseworker has questions about the program, they can call ACS.
- If you are denied this subsidy or don't get an answer after one month, you have a right to request a "fair hearing," which means that a judge will hold a hearing to see if you quality. For more information about the fair hearing process, contact the Door's Legal Services Center at 212-941-9090. You can also call the Youth Advocacy Center for more information about the rent subsidy.
- You may also qualify for the public assistance housing grant (which is up to $250 per month for a single person). But, because you cannot be in foster care and receive welfare at the same time, you need to work closely with your social worker and/or caseworker to come up with a plan to apply for public assistance before you are discharged from foster care.
QUESTION: Can my agency help me in paying the rent when I move out on my own?
ANSWER: Yes, The "rent subsidy" is a grant of money (up to $300 a month) from ACS that can be used to pay a part of your rent when you move into your own apartment. If you are discharged from foster care before your 21st birthday, you may be entitled to the rent subsidy, which can last for three years or until you turn 21. If you have a child, you are entitled to the rent subsidy for three years even after you turn 21.
The rent subsidy can be a good way to help you move out on your own, but it is not so easy to get. First you have to find an apartment or room to rent and a landlord who is willing to accept that part of the rent will be paid by ACS. Under the law, you can sign a lease once you are 18, but a lot of landlords will not rent to young people. Second, landlords required money up from for a security deposit and usually the first month's rent. The rent subsidy may provide you with this money, but the application process usually takes a long time, and you may risk losing the apartment if you do not have the money up front. The best thing to do is to apply for the subsidy before you actually find an apartment, but you need to work closely with your social worker or caseworker to make sure that the application process is moving along.
QUESTION: Can I get any help from my agency when I get my own apartment?
ANSWER: When you are discharged from foster care, your agency must place you on trial discharge for at least six months. This can last until you turn 21. During trial discharge your agency must keep in touch with you to make sure you have housing, and, if you lose your housing, help you find another place to live. If you cannot find a place to live, you have the option of returning to foster care. If you move out on your own before you turn 21, you should seriously consider remaining on trial discharge until 21 in case things do not work out as planned and you need to get other housing. But after age 21, the agency does not have to help you.
QUESTION: What other options do I have for housing, other than renting my own apartment?
ANSWER:
- College dorm/Off-campus housing: You can go away to college and live in a dorm or an off-campus apartment, which can be a lot cheaper than the city. Also, many colleges have bulletin boards or housing offices which list apartments for rent or people looking for roommates.
- Sharing an apartment: Consider sharing an apartment with a friend. If you don't know of anyone who is interested in sharing an apartment, you can go to a roommate service, which will charge a fee for finding you a roommate, or you can look at the apartment listings at the college office.
- SRO's: SRO's (which stands for Single Room Occupancy hotals) are buildings or hotels where you can rent a single room. Landlords usually try to rent out these rooms on a daily basis at a high daily rent (around $80), but there is a way to become a "rent stabilized" tenant in an SRO at a reasonable weekly rate (anwhere from $80 to $150). For more information about how to become a rent stabilized tenant in an SRO, you can call Adam N. Weinstein, staff attorney for West Side SRO Law Project, at 212-=799-9683, or the youth Advocacy center, at 212-675-6181.
- Transitional shelters: A transitional shelter helps youth become independent and move into permanent housing. There is usually a limit on how long you can stay at these shelters, which can be anywhere from a year to 18 month. A few shelters are:
- Urban Strategies (Brooklyn)
Transitional Living
718-346-7526Covenant House (Manhatten)
Rites of Passage
1-800-999-9999 or 212-613-0300Promesa (The Bronx)
Independent Living Program
718-542-5163QUESTION: What rights or responsibilities do I have once I do get an apartment?
ANSWER: When you rent an apartment, you are considered a tenant and the person who rents to you is called your landlord. You usually sign a lease, which is a legal contract which describes what you must do (such as pay your rent on time) and also what your landlord must do (such as provide heat and hot water). When you begin to look for an apartment, you need money up front before you actually move in.
A security deposit is extra money which you pay to the landlord with your first month's rent. The landlord must put this money in a separate bank account, and should give it back to you when you move out of the apartment. But the landlord can keep a part or all of this money if you do any damage to the apartment while you are living there. If you are having a hard time finding an apartment, you can try going through a broker, who helps people find apartments. But they will charge you a fee.
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NYS Citizens' Coalition for Children, Inc.
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