The question for April 23, 2020 comes from Kyle and Lera in the Bronx:

As foster parents, what are our rights? 

We feel out of touch with what’s going on and would like to involved on a higher level, can we?

The Coalition HelpLine answers:

The law not only does not protect the care-taking relationship between foster parent and foster child in the way it protects the parent-child or guardian-ward relationship, it also disqualifies foster parents from obtaining or even seeking to obtain such protection.

Under New York law, foster parents lack standing to petition the Court for legal custody of a foster child currently or formerly in their care or for visitation with a former foster child. Although, most recently, with regard to Kinship laws this has the opportunity to be challenged, as a former foster parent are you not by nature of the definition, kin? This is up for debate.

That being said, foster parents in NY do have rights and you do have a right to consult/hire an attorney at any time, but you must have standing to be heard by the Judge or they may choose not to hear you petitions. The laws are very specific and some have time frames clearly set forth.

A list of Foster Parent Right and Legal Rights of Foster Parents for Attorneys can be found on the Coalition’s web page.
https://affcny.org/new-york-foster-parent-legal-status-and…/

For more information on this topic you can also call the Coalition Helpline 888-354-1342.

 
 

Do you have a question? Call us on the HelpLine!

Call the Adoptive and Foster Family Coalition of New York’s toll free HelpLine at 888-354-1342: the only FREE statewide 24/7 service of its kind for designed specifically to assist foster parents, kinship carers, adoptive families, related professionals and those wishing to foster or become parents. We have the support you need right now.