A. What are my rights?

As a parent, whether you are an adult or a minor (under the age of 18), you generally have the right to custody and control of your children. However, your parental rights can be changed, suspended, or ended in certain circumstances.

If your child is removed from your custody or control and placed in foster care, you may keep important rights. These rights include the right to:

be informed about the reasons for your child's placement in foster care;
be informed about which foster care agency is handling your child's case;
request that your child be placed with a member of your family, together with siblings, and/or in a setting that is reflective of and responsive to your child's culture, religion and background;
be informed of what needs to happen so your child can return to your home;
receive prompt notification of and attend any Family Court hearing about your child or your parental rights (except if the court acts in an emergency);
appear in Family Court;
consult with a lawyer at any time and be represented by a lawyer in any court action concerning your child or affecting your parental rights;
quickly receive services that support the goal to return your childhood to your home;
attend all service plan reviews, and immediately be consulted whenever a change in the service plan for you and your child is being considered;
apply for money to be used to pay for housing and for other assistance to obtain housing if your child has been in foster care for at least 30 days and if lack of adequate housing is the main reason preventing the return of your child;
receive regular updates from your caseworker on your child's health, mental health, development, behavior, and progress in school;
·visit your child and request transportation if you are unable to pay for transportation once an appropriate visitation schedule is determined;
request that your children visit each other if they are placed in separate homes;
have your complaints listened to and responded to by either child services or the foster care agency where your child is placed. You also have the right to contact the ACS Parents’ and Children’s Rights Unit to resolve a problem with your case;
receive notification as soon as possible of any serious medical emergency, and/or if your child receives any medical treatment; and
request referrals to receive financial help, and/or clothing and furniture for your child, upon your child’s return to your home.

If your child was removed because you are a victim of domestic violence and you have not otherwise abused or neglected the child, you have the right to a child safety conference within 72 hours of the removal. During this conference and during any other conferences, you have the right to consult with a lawyer. During these conferences, the agency will not encourage, request or demand that any legally binding document be signed or orally agreed to without informing you or your right to consult with a lawyer.

Call the New York State Central Register (SCR) Child Abuse and Maltreatment Hotline at (800) 342-3720 if you suspect your child is being abused or neglected in a foster home. This right must not be abused because false reporting is a crime.

More information is available in the guidebook available here (page 20).

B. Is the state required to appoint me a lawyer?

You have the right to have a lawyer with you in Family Court. If you cannot afford to pay, a lawyer will be assigned to you free of charge.

C. If my child is put in foster care, what can I do to take him/her back?

If you meet all the conditions in your service plan and it is safe for the child to return to your home, your child will be allowed to come home. There will need to be a Family Court Dispositional Hearing on a suspected abuse/neglect case and the local Department of Social Services (for example, the ACS in New York City) and the agency handling the case can make recommendations to the Court regarding the return of your child. Typically, there will be a trial discharge of up to 3 months and then a final discharge. Final discharge means your child will remain at home with you and the local Department of Social Services case will be closed.

If you believe you have met all the requirements for your child to return safely but the child is not discharged to you, you should send a letter to your foster care agency requesting that placement of your child in foster care be terminated. If the foster care agency does not respond within 30 days or denies the request, you can go to Family Court to file a petition to end the placement.

If the child was voluntarily placed in foster care, you need to complete Form CS 864V-Request for Discharge of Child from foster care and send it to your caseworker (by certified mail with a return receipt). If there is no reason that your child should not be returned, the child should be returned within 20 days of your request or within 10 days of the date you specified for the return in your Form CS 864V.

See here (page 16).

D. How often can I see my child?

You should contact your agency caseworker to arrange to visit your child. (You may hear from him or her first but there is no reason to wait for their call). Their number is available from the child protective service worker who placed your child. In the beginning, the Family Court or agency may require visits between you and your child to be supervised by the caseworker. Keeping in close contact with your child while he or she is in foster care is very important. Visits, telephone calls and letters help your child feel close to you and make your child’s return home easier.

See here (page 10).

E. What can I do if the foster family or home won’t let me visit my child?

You have the right to visit and contact your child while he or she is in foster care unless the Family Court has ordered otherwise. If you are not being allowed to visit your child, you should speak to a supervisor or call your local Department of Social Services.

However, there are a few situations when visiting is not allowed. For example:

If the Family Court issues an order preventing you from seeing your child
If the foster care agency believes that your visits harm the child. In this case, the foster care agency must get the Family Court’s permission to suspend your visits.

See here (page 11).

F. If I report abuse or maltreatment of my child by another family member (or other parent, step-parent, significant other, etc.), will the state take my child away?

Reporting abuse or maltreatment of your child by another family member could result in the child being taken away, if you live with the abuser or if you knew about the abuse and failed to protect your child. You must take steps to adequately protect your child from abuse or maltreatment. Repeated failure to protect a child from domestic violence in the home may also provide grounds for removal. During an investigation, a child protective caseworker goes to your family’s home to investigate whether or not there is any evidence that abuse or neglect actually occurred.

See here (page 11).

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New York

Chapter: Foster Care

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