QUESTION: I'm pregnant and I'm in foster care. What rights do I have?
ANSWER: You have the right to a placement where you can get all your maternity needs met (prenatal medical care, education, counseling, etc.). That placement could either be a foster home or a "maternity residence," which is a group home for pregnant young women.
You have the right to continue your education while you are pregnant, in a school setting that is right for you. That may be your old school or one closer to your placement. you should not be put in a special education class just because you are pregnant. If you go to school at a maternity residence, you have the right to books and materials that are at your grade level, and to have a teacher or tutor who can teach you at that level.
You have the right to know what the plan is for you after you give birth. You should ask your ACS caseworker and your social workers where you will be going after the baby arrives. you should be able to visit these placements before you go to live there with your child. These may be mother-child group homes or mother-child foster homes.
You also have the same rights you had before you got pregnant: the right to an allowance, medical care, food, counseling or therapy (if you need or want it), visits with your family, etc.
QUESTION: Do I have the right to be placed with my child?
ANSWER: You an your baby have the right to be placed together in a foster home or group home. The decision about which sort of placement is made by your social workers and caseworkers at meetings called "case conferences." You have the right to attend your case conferences so you can have a say in where you're placed. If you want help preparing to go to a case conference, or just want someone to go with you, call The Door's Legal Services Center at 212-941-9090, ext 240.
QUESTION: Who has legal custody of my child when we're in a mother-child foster home or group home?
ANSWER: You should have custody of your baby, unless ACS has gone to court to ask for custody. (Custody of a child means the responsibility and right to take care of the child and make decisions about him or her.)
A mother automatically has custody of her child when the baby is born. The fact that the mother is a minor (under 18 years old) does not take away her right to custody. The fact that the mother herself is in foster does not take away her right to custody. You do not have to sign custody of your child over to ACS for your child to be placed with you. If you sign a voluntary placement agreement," that means you give custody of your child to ACS. (If you have done this, you should ask your social worker and lawyer why it was necessary.) You may be able to take it back.
Having custody of your child is a big responsibility. You must make sure your child is safe and healthy, and not placed in situations that might be considered dangerous. Your foster parents, staff, agency, and ACS are going to watch you very carefully to see how you take care of your child and yourself. They want to make sure that you are mature and responsible enough to handle raising your child.
Even though your baby is in your custody, and you are technically the only one in foster care, your foster parent or group home should receive money to take care of both of you.
QUESTION: Can the ACS separate me from my child?
ANSWER: ACS can separate you from your child only if ACS believes that your child is a risk of abuse or neglect if left with you. (Abuse generally means inflicting injury on the child; neglect generally means failing to give the child enough food, clothing, or medical care.)
ACS has to file a case in Family Court to ask for your child to be placed separately from you. In this case, you will have to go to court also, and it is very important that you speak to a lawyer. To contact your lawyer or find a new one, call the numbers below.
ACS cannot take your child just because of your age or previous history. In other words, they cannot separate you from your child just because you are 17 and went AWOL from your group home last year.
Youth Advocacy Center
212-675-6181
The Door's Legal Services Center
212-941-9090, ext 240
The C-Plan Project
212-669-4955
Bronx Legal Services (Bronx residents)
718-993-6250
QUESTION: What kinds of help can my child and I get in care?
ANSWER: You have the right to counseling, education, training in parenting skills, day care, medical care, and services to help you get out of the system to live on your own or with your family.
ACS also must provide services to prevent your child from going into foster care and being separated from you, or to reunite you and your child if your child has been placed in foster care. These are called preventive services and include things like case management and planning (having a social worker help you while you are in the system and help you make plans to eventually leave the system); day care services (either a foster parent who will babysit or other arrangements); and clinical services (therapy or counseling, as well as medical care).
Back to Foster Care Youth Resources Back to Know Your Rights menu Back to NYSCCC Home Page 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