You have a right to confidential, timely and quality sexual and reproductive health care services. Below you can find information about what sort of services are included in sexual and reproductive health and what sort of treatment to expect.

Your Right to Access Sexual and Reproductive Health Care

You Have a Right to access Sexual and Reproductive Health Services. This means that you have a right to access the following services:

  • Free condoms
  • Birth control
  • Screening and treatment for sexually transmitted infections (STIs)
  • HIV testing and counseling
  • Plan B (the “morning-after” pill)
  • Referrals to specialized doctors
  • Referrals to local community organizations
  • Pregnancy tests
  • Sexual health education

Some foster care agencies provide these services themselves. At other foster care agencies, you will be referred to an outside sexual and reproductive health care provider. No matter what your foster care agency’s policy is, your foster care agency should help you access sexual and reproductive health services by providing transportation to and from appointments, helping you identify providers, and helping you make appointments.

All services should affirm and be respectful of the different parts of your identity and be available in your language of choice. Nobody should make you feel bad for asking about these services or accessing them! If you are not comfortable with your sexual and reproductive health care provider, you have a right to change to one you are comfortable with.

As a young person in foster care, you have the right to have your medical care fully covered by your insurance. That includes all sexual and reproductive health care services, including abortion.

You have the right to choose your medical provider. While some foster care agencies provide young people access to sexual and reproductive health care services at their agency, you can see a sexual and reproductive health care provider outside your agency if 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 12, you have the right to keep your Medicaid identification number and your child’s Medicaid identification number with you, so you can schedule doctor’s visits on your own with any doctor covered by your Medicaid plan. Although you won’t be given your or your child’s actual Medicaid card until you leave the system, you should be given your ID number.

Your agency should give you your Medicaid ID number. If you have trouble obtaining your Medicaid ID number from your agency, you can email ACS’s Teen Specialist Unit at acs.sm.tsu@acs.nyc.gov and ask them for help obtaining it.

You or your staff can also email any medical questions to ACS's Sexual and Reproductive Health unit at SRHsupport@acs.nyc.gov

You can also ask for help by contacting a member of your legal team A 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..

You have the right to Family Planning services. You have the right to choose whether to become a parent, when to become a parent, and how many children to have. This choice is known as family planning.

Please know that family planning services are confidential, and you do NOT need an adult to access them. These services are free or low cost and available to you regardless of your gender identity until age 21. After turning 21, the cost depends on your income.

More information about New York State’s Comprehensive Family Planning and Reproductive Health Services Program is available here.

 

Your Rights as a Decision Maker

There are many decisions involved in sexual and reproductive health: when to start going to gynecological appointments; at what age to have sex; what type of contraception to use; what to do if you become pregnant or are expecting a child.

Under New York law, young persons under the age of 18 who understand the risks and possible treatments can consent to sexual and reproductive health care without involvement or knowledge of a parent, guardian, or your foster care agency. This includes discussing and getting birth control and family planning services, visiting an obstetrician or gynecologist, getting tested and treated for sexually transmitted infections, discussing and having an abortion, and more.

If you are pregnant or expecting, you have the right to understand your options—abortion, adoption, or parenting—and be supported in what you decide.

 

Your Right to Privacy

Your sexual and reproductive health and your choices surrounding it are personal; you have a right to keep them private.

IMPORTANT NOTE: If you want to access sexual and reproductive health care services, but do not want your caseworker, group home staff, or foster parent to know, you have the right to go to a doctor or clinic on your own.

You have the right to keep your appointments and/or the reason for your appointments private. When you receive sexual and reproductive health services, you do not need to tell your caseworker, group home staff, foster parent or parent why you want an appointment, nor do they have to go with you.

You have the right to keep medical information about your sexual and reproductive health private. By law, your sexual and reproductive health care provider may not share the issues you discussed, what services you received, or any other details without your permission, with two exceptions:

  • If you are under 18 and share that you have been assaulted or abused, your medical provider is required to report it.
  • If you test positive for HIV or syphilis, your medical provider is required to notify your partners that they may have contracted these infections, though this can be done without revealing your name.

You may choose to share information with your caseworker, group home staff, foster parent or parent; if you have a good relationship with them, they can be an important source of support. Keep in mind, though, that if you do share medical information with them, they should keep that information private and not share it without your written permission. If you suspect that your medical information has been shared inappropriately, speak with your caseworker about your concerns. If you are concerned that your private information continues to be shared, you can ask to speak to your caseworker’s supervisor or speak to a member of your legal team A 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..

If there is private information about your sexual and reproductive health in your foster care records that you do not want there, speak with your caseworker and lawyer about that. You have the right to decide what information about your sexual and reproductive health you do and do not want documented.

You have the right to privacy over your belongings. No one has the right to go through your belongings—such as birth control pills, condoms, or anything else related to your sex life—to find out information about you, nor can they take them away. If someone has gone through your belongings without your permission, speak with a member of your legal team A 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., your caseworker, and/or your caseworker’s supervisor.

You have the right to make your own choices about who you talk to about your sexual and reproductive health. It can be important to share information about your sexual and reproductive health with a trusted adult or peer mentor who can help you learn more about sex and sexuality, help you think deeply about your relationships and gender identity, and help you plan ahead and make decisions about your sexual and reproductive health.

You do, however, want to think carefully about who you choose to share information with and what information you choose to share, so that your private information is not shared before you’re ready. Before you share information about your sexual and reproductive health with an adult or peer mentor, you may want to make sure they understand that you want your information to be kept private. You may also want to ask if there are limits to what the person you’re speaking to can keep private.

 

Your Right to Information

You have a right to the information you need to make timely and informed decisions about your sexual and reproductive health. You can’t make good decisions without good information!

You should have access to information from trusted and credible sources. If you are a teenager and in school, you should be receiving information about sexual and reproductive health from your school. If you aren’t in school, didn’t learn what you needed in school, or feel like you need more information, let your caseworker, your legal team A 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 a trusted adult in your life know so that they can connect you to additional resources.

You should have access to support without judgment. Your caseworker, foster parent, or any trusted adult should be open to speaking with you about your sexual and reproductive health in a nonjudgmental way. If there is no one in your life who you feel you can talk to comfortably about your sexual and reproductive health, you have the right to talk to a sexual and reproductive health care provider outside your agency. You can also speak to your legal team A 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 out about youth programs, mentors, peer mentors, and therapists who should be able to provide you with information about and nonjudgmental support for your sexual and reproductive health.

 

Your Right to Self-Expression and Supportive Settings

You have the right to be treated in ways that respect and affirm your sexual orientation, gender identity, and/or gender expression (SOGIE An acronym that refers to Sexual Orientation, Gender Identity, and/or Expression. SOGIE is used to describe the elements of your identity such as to whom you are sexually attracted, as well as how you identify and/or express your gender. Some people are attracted to people of a particular gender, others are attracted to people of more than one gender, and some are not attracted to anyone. Your gender is who you understand yourself to be, your internal sense of self and identity, which may or may not match the sex that you were assigned at birth. Your gender expression is the way you embody your gender attributes, presentation, and roles.). Your sexual orientation, gender identity, and/or gender expression should not affect how you are treated. If you identify as asexual, bisexual, gay, lesbian, queer, transgender, or have questions about your sexual orientation, gender identity, and/or gender expression, you have the right to be who you are and be in spaces that support, affirm, and respect that right.

Adults who are part of the child welfare system should be supportive; this includes your caseworker, agency staff, doctor, therapist, foster parent, and group home staff. They should NOT mistreat you in any way or try to get you to change who you are; and they must address you using your gender pronouns.

If anyone—a teacher, another child in your foster or group home, a co-worker, kids at school—is bullying you or making your life difficult because of your sexual orientation, gender identity, and/or gender expression, tell your legal team A 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/or caseworker. They should help advocate for you.

Your sexual and reproductive health history, experiences, and/or decisions should not impact how you are treated. No one should shame, blame, punish, or put you down because you had sex, became pregnant, are expecting a child, contracted a sexually transmitted infection (STI), or because they disagree with your sexual and reproductive health choices.

If someone is bullying you or making your life difficult, tell your legal team A 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/or caseworker so they can help you resolve the situation.

 

Your Right to be Safe

The child welfare system should be working to keep you safe from sexual harm and protecting you if you are the target of sexual harassment or assault.

If you have been sexually assaulted or sexually harassed, tell a trusted adult, like a therapist, a doctor, or a member of your legal team A 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.. This is especially important if the sexual assault or harassment is ongoing. You want to choose an adult who will help you understand your options, who can connect you to the services you may want to help you deal with the experience, and who will support you in pursuing only those options that you want to pursue.

If you are being forced into sex, including if someone is forcing you to have sex with others for money, selling pictures of you, or making money off you in other ways, speak with a trusted adult who can help you decide what help you need to protect yourself. Like with sexual assault and harassment, you want to choose an adult who will help you understand your options, who can connect you to services to help you deal with the experience, and who will support you in pursuing only those options that you want to pursue.

If you are having sex in order to survive, meaning in order to secure a place to stay, to eat, to get clothing or money, know that this can put you at risk of being exploited. Speak with a trusted adult about your options.

Helpful Words To Know

 

Sexual Assault

Sexual assault refers to anytime someone forces sexual contact on you. Sexual assault does not just mean rape; it also includes attempted rape, forcible or unwanted touching, or forcing you to perform sexual acts like oral sex. Sexual assault can happen to anyone and it is never the victim’s fault.

Sexual Harassment

Sexual harassment is when someone makes you feel uncomfortable or unsafe because they are asking you for sexual favors, making unwelcome sexual advances, sexual comments, or discriminating against you because of your sexual orientation, gender identity, and/or gender expression). Sexual harassment can happen to anyone and is never the victim’s fault.