If you find out that you or your partner is pregnant, you have rights that you should know about.
Your Rights When You’re Pregnant and Expecting
You have the right to privacy! That means that your doctor, caseworker, and any agency staff should not share information about your or your partner’s pregnancy without your permission no matter how old you are.
Unfortunately, the reality is that often this information is shared. Sometimes that’s because people are trying to help you make decisions about the pregnancy or because they don’t know that the information should be kept private.
But your sexual and reproductive health information should not be shared with anyone you don’t want it shared with. That’s why it is a good idea to clearly tell your doctor, and anyone else you speak to about your pregnancy, which people you DO and which people you DON’T want to know about it.
If you’re concerned that your private information is being shared in a way that you don’t want, speak to your doctor and caseworker about it. If you need more help, you can contact a member of your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. or speak to the supervisor or director at your foster care agency.
You have the right to medical care. Whatever choices you make about your pregnancy, you have the right to have your medical care fully covered by your insurance.
You have the right to choose your medical provider. Most foster care agencies have contracted doctors so that foster youth can see the same doctor every year. But if you want to see a doctor outside your agency for your pregnancy or any other medical care because you think it will give you greater privacy, or for any other reason, you have the right to choose any doctor covered by your insurance plan.
When you are older than age 12, you also have the right to have your Medicaid identification number and your child’s Medicaid identification number given to you so that you can schedule doctor’s visits on your own. Although you won’t be given your Medicaid cards until you leave the system, you should be given your ID number by your caseworker.
If you are having trouble obtaining your Medicaid ID number, contact ACS’s Teen Specialist Unit at acs.sm.tsu@acs.nyc.gov.
You or your staff can also email any medical questions to ACS’s Sexual and Reproductive Health unit at SRHsupport@acs.nyc.gov. For more information, visit this page.
You have the right to choose abortion, adoption, or to become a parent. If you are pregnant, you have the right to receive information about all available options and to make the choice that you believe is best for you. This is true even if you are placed with an agency that opposes abortion on religious grounds.
Hear how overwhelmed one mom felt after her baby was born, and listen to the advice she offers other parents who are experiencing the Baby Blues.
Sometimes young parents don’t start planning for their baby while they’re pregnant because they can’t believe they’re really going to be parents. But pregnancy is the best time to start taking care of your baby’s health, and your own. Health care that you receive while you’re pregnant is called prenatal care. Here’s what you should know about it:
You Have the Right to Receive Prenatal Care from a Doctor, Midwife or Birthing Center. You have options when it comes to where you receive prenatal care. Doctors, midwives, and birthing centers provide different benefits and services. Learn more about the differences here.
You Have the Right to Choose A Medical Professional Who Makes You Comfortable. Finding a medical professional who you trust and who shows you respect can help you feel safe asking questions and talking about any concerns and challenges you might have.
You have the right to choose a medical provider who works in your agency, or who does not. You have the right to change your medical provider at any point in your pregnancy if you do not feel comfortable with the doctor you are seeing.
If you are the father or co-parentSomeone who shares in the custody and care of your child., you may be included in prenatal appointments. Whether you are included in appointments will have a lot to do with whether the mother/birth parentBirth parent refers to the biological parents of the child. wants you at those appointments. It can be helpful to speak with your co-parent about what role you can play at appointments and during labor and delivery.
This worksheet provides you with a list of ways that co-parents can be involved in prenatal care, labor, and delivery.
IMPORTANT NOTE: If you don’t know who the father of your child is, or you don’t know if you’re the father, you may want to find out more about paternityThe legal establishment of the identity of a child’s father. tests.
Read more about paternity tests and being an expectant father here.
Taking care of your emotional health is part of prenatal care. There are a lot of emotional changes that come with expecting a baby that you may want to address with a therapist, a peer support group, or with anyone you trust.
If you are taking medication for your mental health, it is important to talk to your medical provider and to your psychiatrist about whether it will be safer for you and your baby to stay on your medication or come off it. That is a decision you should make with the guidance and support of your medical providers, and preferably with a knowledgeable therapist as well.
Some parents also experience postpartum depression and anxiety while they’re expecting or soon after birth.
Postpartum depression and anxiety are unexpected feelings of sadness or worry that you can’t control. There are lots of factors that contribute to mothers and fathers experiencing postpartum depression, from stress in your life to the impact of hormones on your body. Postpartum depression and anxiety do NOT mean that you won’t be a good parent, and postpartum depression and anxiety can be treated.
There is a lot of misunderstanding about postpartum depression and anxiety. You’re more likely to get the help you need, rather than judgment, if you yourself understand what they are. You can learn more about postpartum anxiety and depression and get connected to help here.
Your doctor can be another good source of support. At the same time, it is important to know that doctors are mandated reportersWorking individuals who are legally obligated to keep your information confidential EXCEPT if they have a reason to believe that you may hurt yourself or someone else. If a mandated reporter believes that you or your child is at risk of abuse or neglect, they must raise that concern with Children’s Services, typically through a hotline. and will be required by law to report to the state if they think you are a danger to yourself or others. If you’re worried about being judged if you say you’re feeling anxious or depressed, remember that you can always safely talk to the social worker or advocate on your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. to find help from someone who understands postpartum depression and anxiety.
IMPORTANT NOTE: Throughout this website we often encourage you to speak to your lawyer, or the social worker or advocate who works with your lawyer. That’s not because your lawyer is your best friend or the most understanding person in your life, but because your lawyer and anyone who works with your lawyer is required by law to keep everything you say confidential. That means that whatever you tell anyone on your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. is just between you and them. That means, you always have someone you can speak to without worrying that it will be repeated or used against you.
You have the right to get mental health care and support from providers at your foster care agency, OR outside your agency. You may already have a good relationship with the therapist at your foster care agency, and that therapist may also be convenient for you to see. But if you want to speak to someone outside your agency about your or your partner’s pregnancy or your mental health, you have that right.
Your caseworker should be able to give you a referral. If you’re having trouble making an appointment with a therapist outside your agency, you can also speak with the social worker or advocate on your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf..
Read the story of a young parent who connected to a therapist outside her agency to calm down her anger before her baby was born here.
You have the right to not be tested for drugs without your permission when you’re pregnant, but that right is often not respected. By law, no one is allowed to test you for drugs without your permission, but you should know that sometimes doctors and hospitals test anyway. This is especially true for mothers who are on Medicaid, and particularly for mothers of color. Unfortunately, those tests can become the basis of a child protective investigation at the birth of your child, even if the tests were done without your permission or knowledge.
If you are pregnant and using drugs—including marijuana—you may want to talk to your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. about how to keep yourself safe and about any support you might need.
Finding safe treatment and medical care if you are using drugs. Some expectant parents who are using drugs may be afraid to seek out treatment or go to the doctor for prenatal care. However, getting prenatal care is one of the best ways to address any risks that drug use might pose to your baby. It’s also important to know that if you are actively involved in a drug treatment program, your drug use should not be used to bring neglectWhen a child under age 18 experiences physical, mental, or emotional impairment, or is in imminent danger of becoming impaired, as a result of the inability to exercise a minimum degree of care by their parent or other legally responsible caregiver. In New York, neglect is defined by Soc. Serv. Law § 371; Family Court Act § 1012. Neglect can be physical, medical, educational, or emotional, and may include a parent failing to provide adequate supervision, food, medical care, appropriate clothing, or access to education. Neglect could also include leaving a child alone or with an inappropriate caretaker, insulting a child, making the child feel afraid, or taking drugs or drinking alcohol to the point of not being able to adequately take care of a child. charges against you.
There is, however, still a risk of ACS involvement, which is why you should talk to your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. about how to find the right care for you and your baby. While prenatal care and treatment providers are mandated reportersWorking individuals who are legally obligated to keep your information confidential EXCEPT if they have a reason to believe that you may hurt yourself or someone else. If a mandated reporter believes that you or your child is at risk of abuse or neglect, they must raise that concern with Children’s Services, typically through a hotline., not all providers are the same. Some providers believe that the law requires them to report a pregnant woman who is using drugs no matter what. Other providers believe that if you are seeking help, you are not neglecting your unborn child, and they are not required to make a reportAn account of alleged child abuse or neglect that is told to staff at the State Central Register or Child Abuse Hotline. Reports are supposed to be made when there is a belief that the child is at imminent risk of harm.. Different hospitals also have different practices.
You can also ask in your community to find out what providers and hospitals other pregnant women have found supportive and which providers and hospitals to avoid. You can also connect to National Advocates for Pregnant Women or Birth Rights Bar for advice.
Click here for a helpful toolkit from the National Harm Reduction Coalition.
Create the Birth Plan You Want
You can’t control everything about having your baby but you do have the right to make a lot of important decisions and to feel as safe and supported as possible.
Learning about birth and finding people who can help you learn about it can be a very important step in having a voice in giving birth in a way that feels safe and supported.
Below are some of your rights while giving birth, as well as tools to make sure those rights are respected.
You have the right to support during birth. Many people choose a partner, friend, or family member to stay with them during birth. There are also birth experts, called doulas, whose job is to support you and help you make decisions during the birth. Doulas will also meet with you before the birth and help you learn about the birth process. They can be at the birth alongside anyone else you choose to be there, and they can help you advocate for yourself if you have concerns on the day of delivery.
There are organizations that will connect you to a doula for free. Ancient Song Doula Services is one. Talk to your caseworker, legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. or ACS’s Teen Specialist Unit at acs.sm.tsu@acs.nyc.gov to find out about other doula services.
Discuss how you want to give birth with your medical professional before it’s time to deliver. You can’t decide everything about your birth, but you can have a say in important decisions about the birth by asking questions and making decisions with your medical provider beforehand.
This worksheet provides you with a list of questions that you might want to discuss with your medical provider.
You have the right to hold your baby after you give birth. You have the right to hold your baby immediately after giving birth even if you had a C-section. You also have the right to decide when you want your baby to stay with you while you’re recovering in the hospital, and when you need a break and your baby should go to the hospital nursery.
You have the right to choose whether to nurse or to give formula to feed the baby in the hospital and afterward. When your baby is born, you can choose whether you want to breastfeed, give formula, or a combination of both. A nurse in the hospital should help you learn how to breastfeed. Your caseworker is also responsible for referring you to services that can educate you about breastfeeding or provide you with a breastfeeding coach who can work with you before and after you give birth.
Breastfeeding has many health and emotional benefits for babies and mothers/birthing parents, but sometimes babies struggle to breastfeed, it is too painful or difficult for the mother, or mothers have schedules that make breastfeeding difficult. You can change your mind about whether to breastfeed, use formula, or both at any point after you give birth.
If you or your partner want a breast pump so you can leave breast milk for your baby if you are going to school, work, appointments, or for other reasons, your caseworker should provide you with a breast pump and access to someone to help you learn how it works.
Your caseworker should also give you information about how to access high-quality baby formula.
Preparing for Life With a Baby
This mom has been out of care for years, but she’s still working to earn her college degree so that she can give herself and her children the life she wants.
There’s a lot to get ready for before you or your partner gives birth so that your baby can thrive and you can continue to move forward in your own life. The good news is that you have rights as a young parent in care, including the right to support!
You have the right to be a parent. You should know that if you decide to become a parent while you’re in foster care, your child is in your custody, not in the custody of the system. That means you have a lot of rights.
You have the right to get support from people you believe will be helpful to you. There are lots of ways to get support as you get ready to become a new parent:
There are home visiting programs that will help you learn about your child’s physical and emotional needs in your own home.
New York City has mentors for young parents in foster care and peer mentors who are knowledgeable about parenting, as well as parenting supporting groups for young parents if you want to talk to someone with similar experiences as you.
Parent-child therapy programs can support you in bonding with your baby and learning about your baby’s development. Some of these programs will videotape you and your baby to help you learn about how your baby feels and responds.
There are groups to support fathers.
There are parent-child classes that can help you just enjoy being with your child.
There are early intervention services if you think your child is not reaching their developmental milestones. You can read more about early intervention services here.
If you are interested in enrolling in any of these programs, ask your caseworker, or the social worker or advocate on your legal team about resources that are available to you.
IMPORTANT NOTE: Some home-visiting programs require that parents start working with them early during pregnancy or shortly after. If you are interested in a home-visiting program, speak with your caseworker about how to enroll as soon as you can.
“With my youngest child, I’ve gotten support from a home-visiting program.... It gave me information before my baby was born and continued connecting me to resources afterward.
The woman who visits me is a mandated reporter. Still, I don’t feel like she’s there to report me. She doesn’t ask: ‘What did you do wrong?’ When I’m struggling, she says, ‘That could happen to anyone.’ She’s also done nice things for me, like throw me a baby shower. I didn’t have that with my other children.”
You have the right to ask lots of questions and to learn about pregnancy and parenting on your own. When you’re young and expecting a child, you may not want to ask a lot of questions about pregnancy because you don’t want to seem like you don’t know all the answers, but no one has all the answers! And when you start getting answers to your questions while you’re still expecting, you develop the skills you need to advocate for your child once your baby is born.
You can learn more about your pregnancy by reading books or looking for answers to your questions online. If you’re not sure where to start, asking a librarian to show you the parenting section of the library can be a great first step.
One day I was Me, and the next I was Mom-Me. First came all the pain and all thescreaming (my own), and then a tiny human being was placed on my chest.
You have the right to continue your education. Your education does not have to stop just because you are expecting a baby. When you’re pregnant or parenting, you have the right to:
Stay in the school in which you’re currently enrolled.
Take time off for prenatal visits, medical complications, or to give birth.
Access to a tutor if you miss school for those reasons.
Pick up where you left off when you return to school.
Continuing your education while you’re parenting can be a challenge, but it is doable if you make a plan, even if that means going to school part time or returning to school after you take a break to be with your baby.
Speak to your guidance counselor or your caseworker about how to find schools that are flexible about working with young parents.
You are also eligible for childcare if you are a young parent in foster care and you are in school. Read more about your child care options, including the LYFE program, which is a special program in many NYC public schools that provides child care at high schools.
You have the right to housing. If your child will live with you, you’ll need to talk with your caseworker about whether your current placement is a good place to stay once the baby is born or if your foster care agency needs to make a placement change. Ideally, if a change is necessary, this should happen several months before you give birth so you have time to get used to your new setting before the baby is born.1
Housing for fathers and babies. If you are an expectant father or co-parentSomeone who shares in the custody and care of your child. and the plan is for you to have full or shared custody of your child, it is your foster care agency’s responsibility to work to find a foster home where you and your child can both live. Unfortunately, there are no guarantees that they will be able to find a foster parent who is willing to have a father and a child together, but it is your agency’s responsibility to try. Speak to your lawyer and your caseworker as soon as possible.
You have the right to the resources and equipment you need for your baby. Although your baby will not be in the system, your foster care agency is responsible for helping you to provide for your child. Your foster care agency should provide you with:
Clothing and diaper allowance for your child.
Help accessing formula and other services from the public assistance program Women Infants and Children (WIC).
Medicaid for you and your child.
Child care if you will be working or in school.
Furniture or equipment, including cribs, strollers, high chairs, and car seats.
You should speak with your caseworker about accessing these resources to make sure everything is set up by the time your baby is born.
You can read more about your rights as a young parent in care here.
You have the right to have a say in how the money for your child is spent. Your agency will provide financial assistance directly to your foster parent or group home. By law, your foster parent—not you—has control over the money, BUT you should have some say in how that money is spent. It’s a good idea to try to work out a financial agreement before your baby is born. You can read more about what role you can play in budgeting for your baby here.
Taking care of yourself and keeping child protective services out of your life starts now. While you’re still expecting a child, an investigation cannot be opened against you, because you’re not yet a parent, but it’s important to understand that certain actions that you take while you’re expecting can start an investigation at the time that you give birth.
Understanding what those actions are can help keep you and your child safe from a child protective investigation, and finding safe ways to get help now, even while you’re expecting, is the best way to set yourself up for success when your baby is born. Read more about how to keep yourself and your child safe from child protective services here.
IMPORTANT NOTE: Lots of young people in care see their family members even though they’re not living with them, and they want those connections to continue once they have a baby.
If people in your family have been charged with abuseThe Office of Children and Family Services defines abuse as being when a parent or person legally responsible for a child causes the child significant physical injury, creates a great risk of physical injury, or sexually abuses a child or neglectWhen a child under age 18 experiences physical, mental, or emotional impairment, or is in imminent danger of becoming impaired, as a result of the inability to exercise a minimum degree of care by their parent or other legally responsible caregiver. In New York, neglect is defined by Soc. Serv. Law § 371; Family Court Act § 1012. Neglect can be physical, medical, educational, or emotional, and may include a parent failing to provide adequate supervision, food, medical care, appropriate clothing, or access to education. Neglect could also include leaving a child alone or with an inappropriate caretaker, insulting a child, making the child feel afraid, or taking drugs or drinking alcohol to the point of not being able to adequately take care of a child. or have a criminal background that doesn’t mean they can’t be around your baby, but it does mean that someone might raise safety concerns if you’re taking your baby to spend time with them or leaving your baby with them without addressing issues that led to their case, even if it was a long time ago.
You should talk to your lawyer about who you want in your baby’s life. Your lawyer can help you figure out how to address any safety concerns so that you can have the support you need without having to hide, or worry about someone assuming you’re not keeping your baby safe.
If you’re expecting and have another child in foster care. If you already have a child in foster care, your caseworker will hold a child safety conferenceA meeting used to determine which intervention is best to keep the child safe and reach an agreement on what plan is best for protecting your child, which tends to happen within 72 hours of the child being removed. At the meeting, you will hear about the safety concerns that resulted in your involvement with ACS, be able to respond, and decide on a plan. Parents, family, your support system, and those who know you and/or the child can be present at this conference. when you give birth to determine whether your new baby will go home with you or enter foster care. Just thinking about that conference can make a lot of parents want to hide their pregnancy. They think Child Protective Services will automatically take their baby, and there isn’t anything they can do about it.
That isn’t true. In fact, the more you are on track with visiting your child in foster care, engaging in servicesThe activities you will be asked to complete or receive in order to address the safety concerns that contributed to the abuse or neglect case against you. Services can include therapy, substance use treatment, housing support, parenting classes, etc. related to that child’s case, and preparing for your new baby, the more likely you are to keep your baby home with you. Preparing for your new baby includes talking to your lawyer about addressing any safety concerns that Child Protective Services may have about you. You should document all of the efforts you have made to bring your older child home and to prepare for your new child. You should also talk to your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. or to other young parents about the best ways to get support.
If you are expecting to be a father or a co-parent, much of the information on this website applies to you, not just to the mother/birthing parent. It’s important to use the time that you’re expecting a baby to prepare yourself for the ways that a baby will change your life.
There are also some important differences between the parent who gives birth and the co-parent.
One big difference is that, under the law, the person who is pregnant has the right to decide whether to keep the child, have an abortion, or put the child up for adoption (though you do have the right to be involved in adoption planning). They also have the right to decide whether to have you come to their prenatal appointments or to attend them alone. They even have the right to decide who is present when they give birth.
Once the baby is born, though, you also have the right to make decisions about your child. And you will also need support!
Make sure you can spend time with your child. You can be a parent to your child whether or not you are together with the child’s mother/birthing parent. This starts with talking together now—before your baby is born—and making a plan for your involvement in your baby’s life.
It might also mean making a plan with their foster care agency and/or your foster care agency to guarantee that you are able to spend family time with your child if you are not going to be living with them. Unless there is a proven safety concern, this is your right! Once you and your co-parent have worked out a visiting arrangement that you both agree on, no one should tell you that you don’t have the right to visit your child unless a judge has determined that your child is not safe with you.
Unfortunately, fathers/co-parents are not always supported the way they should be to spend time with their children when the mother/birthing parent is living in a group home, residence, or foster home, and your right to visit your child in your own home and in the mother/birthing parent's home is not always respected. To guarantee that this right is protected, it is important to speak to your caseworker, your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf., and the mother/birthing parent's caseworker and legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. now to address any obstacles to seeing your child on a regular basis once your child is born.
In addition, your child should be allowed to visit your family members unless a judge has determined that your child would be at risk of harm while spending time with them. You and they do NOT need a safety clearance unless the agency through which your child is placed has specific concerns about safety. You may want to speak to your caseworker and your legal teamA team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. now to make sure that this right is protected.
Co-parenting support: Whether or not the two of you are together, you can attend co-parenting classes that can teach you both about your child’s development, how to communicate about your child, and how to address conflicts.
Conflicts between co-parents is one of the major barriers to fathers/co-parents being in their children's lives, so it's important to begin to address conflicts and work out a plan now. You can ask your caseworker about co-parenting classes or attending therapy together in order to make a plan to co-parent.
Support just for fathers. Some parts of parenting are true for parents of any gender, but fatherhood also comes with its own challenges, like dealing with the old-fashioned notion that fathers are mainly there to provide for their children financially.
Fatherhood support groups can help you address the challenges that are unique to fathers.
On July 1, 2007, I held my daughter in my arms for the first time. Emma Frost (the nickname I gave her) was 6 pounds and 9 ounces with a head full of hair. I couldn’t feel a thing until I left the hospital.
Establishing paternity. If you are not married and you want to have legal rights as a father, it’s important to acknowledge and record the fact that you’re the father. This is called establishing paternityThe legal establishment of the identity of a child’s father..
Ideally, your name would be on the baby’s birth certificate. It is not enough for the mother/birth parentBirth parent refers to the biological parents of the child. to simply give the child your last name. In order to get your name on the baby’s birth certificate, you must sign an Acknowledgment of Paternity at the hospital. This document is important and can act as proof of your rights as a father. To learn more about signing an Acknowledgment of Paternity, click here.
If your name is not on the birth certificate, you should speak to your lawyer about other ways of establishing paternity. You can also go to Family Court and file a paternity petition at no cost to you. If the mother/birth parent says someone else is the father, or if either of you would like to be absolutely sure of paternity, the judge may order a DNA test to prove whether you are the father. Once you have paternity established, you have the right to file for custody and spend family time with your child just like the mother/birth parent.
It’s important to know that you will have responsibilities once you have established that you are the child’s legal father, including paying child support.
Child Support. Once you are legally established as the father, you will also be expected to pay child support. This can be stressful, confusing, and frustrating for a lot of young fathers who may not be earning much or any money themselves. You may want to speak to your lawyer, your caseworker or people in a fatherhood support group about what this might mean for you and your child. You should also speak with the child’s mother/birth parent about what you both expect to do, now and in the future, to support a baby.
Click here for more information. (HRA’s Child Support Handbook for Noncustodial Parents, available online at http://bit.ly/NCPHandbook. Additional information can be found online at
ManageYourSupport and www.nyc.gov/hra/ocsee, or by calling the New York State Child Support HelpLine (888) 208-4485; TTY (Hearing Impaired): (866) 875-9975.)
Custody and Visitation. If you are a father/co-parentSomeone who shares in the custody and care of your child. and you want to petition for family time or for joint or full custody of your child, you should talk with your caseworker and your lawyer as soon as you can. They can assist you in getting connected to resources that can help you learn more about your rights. You can also go to the “petition room” in the Family Court where your child lives and fill out a petition to ask for custody or family time.
If the baby’s mother/birth parent decides that they do not want you involved as a parent, the judge will schedule a hearing for each of you to put forth evidence to support why you should or should not be in your child’s life, or the judge may first order that you and the other parent engage in mediation. That means that the judge will assign you someone whose job it is to help you work out a custody or visits agreement. If you are unable to work out an agreement with the co-parent, the judge will hold a hearing and make a decision about custody and family time.
If the baby’s mother/birthing parent loses custody or decides to give up custody at birth, you should be able to ask for custody of your child or play an active role in where your child is placed.
You should talk to your lawyer about how to stay involved in your child’s life.
To learn more about filing for custody of or visitation with your child, you can contact LIFT/Legal Information for Families today at (212) 343-1122 or go to https://www.liftonline.org/
I met my child’s mother when I was 21 and she was 22. After I got the courage to ask her out, we caught that instant connection. I had grown up in foster care, and she had come from drama, so we understood each other. Our relationship lasted for over four years and for a long time it was good.
According to ACS’s Guide to Working With Young Parents in Out of Home Care, “Case planners need not clear a [co-parent or their] family members through the Statewide Central Register of Child Abuse and Maltreatment (SCR) or perform a criminal history check unless specific, articulable safety concerns arise. Even when a father or family member has a SCR report or criminal history, this should not automatically preclude visiting. The case planner should make a balanced and unbiased assessment of a family’s current circumstances.”
