QUESTION: Does every young person in foster care have a lawyer? How do I find mine?
ANSWER: Almost every young person in the New York City foster care system has a lawyer or can get one. You lawyer (sometimes called a law guardian) is assigned by the court to work for you - that means that she must listen to you and represent what you want in court and out of court. It is important that you know who your lawyer is and what she's supposed to do for you. Your lawyer is supposed to protect your rights by helping you:
- Find an appropriate placement (foster home, group home, or campus) or move to a new placement, should you need one;
- Get services while you are in foster care, such as clothes and allowance;
- Arrange visits with your biological family;
- Arrange to be discharged to your family or independent living.
Here is how you find out who your lawyer is:
- Young people in care because of an abuse or neglect case, a PINS case (Persons in Need of Supervision), or a delinquency case have a legal right to a lawyer. These lawyers (or law guardians) are assigned by the Family Court and usually work for the Legal Aid Society's Juvenile Rights Division.Next, ask your caseworker, social worker, or foster parent if they know your lawyer or law guardian's name and number.
To find your lawyer on your own, you need to make a few phone calls. Call Legal Aid in the borough where you lived before you came into foster care or in the borough where you went to court. The phone numbers are:
Bronx
718-681-1700
Queens
718-291-1500
Brooklyn
718-237-3100
Manhattan
212-349-3200
Staten Island
718-981-0219
Tell the person who answers that you're in foster care and what to know who your lawyer is. You might have to leave a message. make sure to leave your name (spell you last name slowly and clearly), your date of birth, and a message saying you need to speak with your lawyer or law guardian.
- Young people in foster care "voluntarily" (because their parents or guardians signed them into the system) do not have the right to a lawyer, but they will get a lawyer if a judge assigns one. In New York City. almost all young people in voluntary placement get lawyers assigned by Manhattan Family Court. These lawyers/law guardians usually work for a group called Lawyers for Children.
If you were "voluntarily placed" into foster care, call Lawyers for Children (212-966-6420). Again, you might have to leave a message or hold on while they check for you. Don't hang up if you get put on hold!
If you call either Legal Aid or Lawyers for Children and are told that you lawyer no longer works there, tell them you want a new lawyer assigned to your case. You can ask to speak with a supervisor at either Legal Aid or Lawyers for Children if you need help getting a new lawyer assigned.
If you're having problems finding your lawyer or getting a new one, or if you are not happy with your lawyer, call the Legal Right Hotline (212-675-6181) and we'll help you.
QUESTION: What can I do to get a green card or visa while I'm in foster care?
ANSWER: ACS or your agency should be helping you become a legal resident while you are in foster care. There is a special immigration status for children and youth in foster care who fit two requirements: 1) you must be eligible for "long-term foster care" (which means that you expect to stay in care at least until your 18th birthday) and 2) a family court judge must find that is is not in your "best interest" to return to your country of origin. Even if you're over 18 you can still qualify for this special status, but the application must be filled out before you turn 21.
If you need legal documentation, call your social worker and find out if your agency or ACS is working on this for you. Even if they are, you should also contact your lawyer to discuss the situation and to get help in filing the application. You can also call The Door of Youth Program in Manhattan, at 212-941-9090 and speak to their legal services department.
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
1/24/03