At The Gilmer Law Firm, PLLC, we know that parenting is a challenging responsibility for anyone — and for young parents in foster care, it can be especially complex. Fortunately, New York City’s Administration for Children’s Services (ACS) has developed extensive policies to ensure that expectant and parenting youth in foster care receive the guidance, resources, and respect they need to succeed as parents while maintaining their own safety, dignity, and rights.
This post will explain, in plain English, how parenting works while you are in foster care — including your legal rights, available supports, and pathways to independence.
1. Your Right to Parent Your Child While in Foster Care
One of the most important things to understand is that being in foster care does not take away your parental rights. According to ACS policy, a young parent in foster care has the same legal right to custody and decision-making for their child as any other parent, unless a court order states otherwise .
This means:
- You are responsible for your child’s day-to-day care.
- You have the right to make decisions about your child’s medical care, education, and well-being.
- You are entitled to live with your child in a safe and supportive foster home or residential program designed for young parents.
The role of the foster care agency and ACS is not to replace your authority as a parent — it is to support you in exercising that authority safely and responsibly.
2. Safe and Supportive Placements for Parenting Youth
ACS’s policy stresses that every effort should be made to keep parents and their babies together in a family-like setting whenever possible . If a new placement is needed during or after pregnancy, your case planner must help you find an appropriate environment — such as:
- A mother-baby foster home or Prenatal, Postpartum, and Parenting (PPP) residential program.
- A Supervised Setting Program (SSP) that supports young parents who are nearly independent.
- A family resource home that can provide stability and mentorship.
These settings are meant to teach life skills, promote bonding with your baby, and encourage a healthy transition into independent parenting. Importantly, being pregnant or having a baby should never automatically trigger a change in your permanency goal or placement plan.
3. Access to Reproductive and Medical Care
Every youth in foster care — including expectant or parenting youth — has the right to confidential reproductive and health care. You can consent to your own prenatal care and, if over 18 or have already given birth, to all medical and dental services for yourself and your child .
Your case planner and agency must help you access:
- Prenatal care and childbirth preparation programs.
- Lactation and breastfeeding support if you choose to breastfeed.
- Nurse-Family Partnership or Healthy Families New York home visiting programs, which provide regular visits and coaching on infant health and parenting skills.
- Nutrition assistance through WIC and SNAP benefits.
ACS policy also prohibits any discrimination based on sexual orientation, gender identity, or religious beliefs. Staff must provide unbiased, culturally sensitive information and services at every stage of your care .
4. Building Parenting Skills and Emotional Support
Case planners are required to connect young parents to support groups, parenting classes, and counseling services that strengthen protective factors and reduce stress. These may include:
- Parenting programs focused on bonding and early childhood development.
- Co-parenting and healthy relationship workshops offered through the Teen Specialist Unit (TSU) at ACS.
- Trauma-informed therapy and mental-health counseling to help address anxiety, postpartum depression, or past experiences of abuse.
Young parents are encouraged to identify trusted adults — family, friends, mentors, or foster parents — who can serve as part of their support network. The goal is to empower you to make safe, informed decisions and build a strong foundation for your child’s future.
5. Child Care and Education: Balancing School and Parenting
Parenting while in foster care should not mean giving up your education. ACS’s partnership with the NYC Department of Education ensures that all pregnant and parenting students have the right to continue their schooling under Chancellor’s Regulation A-740.
Case planners can help coordinate:
- Enrollment in Living for the Young Family through Education (LYFE) programs, which provide on-site childcare for infants and toddlers.
- Access to childcare vouchers through ACS’s Special Referral Unit.
- Placement in Head Start, Early Head Start, Pre-K for All, or 3-K for All programs for your child.
- Referrals to tutoring, GED programs, or college readiness services.
These supports are designed to help young parents complete their education while ensuring that their children receive safe, developmentally appropriate care .
6. Fatherhood, Co-Parenting, and Equal Rights
ACS emphasizes that both mothers and fathers in foster care have equal rights and responsibilities toward their children .
Fathers (or non-gestational parents) should be encouraged to:
- Establish paternity through an Acknowledgment of Parentage or a Family Court order.
- Participate in parenting programs and visitation.
- Build healthy co-parenting relationships based on respect and safety.
Case planners must support both parents in developing a parenting plan and avoid bias that favors one parent over the other. When both parents are in foster care, ACS will make every effort to place them together with their child when it is safe and appropriate.
7. Safety Planning and Domestic Violence Awareness
ACS recognizes that safety is a critical concern for expectant and parenting youth. Case planners are trained to help identify and respond to risks — including domestic violence, substance misuse, or mental-health challenges — with compassion and care.
If a young parent is in an unsafe relationship, ACS must help them access domestic violence programs, create a safety plan, and, when needed, seek legal protection through Family Court. Importantly, seeking help does not mean losing custody of your child. The goal of the system is to keep families safe and together whenever possible .
8. Financial and Housing Support
Parenting youth and their children are entitled to additional financial and housing support. Foster parents or residential programs housing a parent and child may receive “8D funding,” which covers the child’s daily care needs such as food, clothing, and baby supplies .
Agencies must also help with:
- Applying for Medicaid, child care subsidies, and public housing (including NYCHA priority codes for youth exiting care).
- Exploring transitional housing options through the Supervised Independent Living Program (SILP) or similar services.
- Learning financial literacy skills such as budgeting and credit management before discharge from care.
9. Transitioning to Independence
As youth approach age 18 or older, ACS case planners work with them to prepare for adulthood and self-sufficiency. This includes:
- Obtaining identification documents, Social Security cards, and birth certificates.
- Developing a written transition plan for housing, employment, education, and health insurance.
- Providing continued Medicaid coverage up to age 26 for those who remain in New York State.
- Offering employment programs, such as the NYC Department of Youth and Community Development’s Young Adult Internship Program.
Parenting youth who age out of foster care are also eligible to re-enter care with their children until age 21 if they need additional support .
10. Empowerment, Not Punishment
The overarching principle behind New York City’s foster care policies is empowerment — not punishment. A young parent’s decision to seek help, attend therapy, or even struggle temporarily should never be treated as neglect. Caseworkers are instructed to call the Statewide Central Register (SCR) only when there is genuine suspicion of abuse or imminent harm, not simply because a young parent needs extra support or misses appointments .
Conclusion
Parenting while in foster care is not an easy journey, but it is one that can be navigated successfully with the right legal understanding and support. New York’s system provides young parents with rights, resources, and a roadmap to independence — from prenatal care to educational assistance and beyond.
At The Gilmer Law Firm, PLLC, we have extensive experience in Article 10 neglect or abuse proceedings. If you are an 18 year old or above parent on foster care, feel free to contact me if you feel your parental rights are being violated
