If you are lesbian, gay, bisexual, transgender, or queer/questioning, you have the right to be safe and respected in foster care. Your caseworker, foster parents, and other adults must support you.

 

Your Legal Rights In Foster Care

You have many legal rights while you are in foster care:

  • You must be free from bullying or abuse (verbal, emotional, or physical).
  • Adults must keep you safe at home, in school, and in the community.
  • You must be treated the same as everyone else.
  • You can show your gender identity.
  • You can talk about your sexual orientation

If you are 14 or older, your caseworker must explain the "Bill of Rights for Children and Youth in Foster Care" to you.

New York also has a policy that says you should be placed in programs based on your gender identity. If you are in a program with the Office of Children and Family Services (OCFS), you have the same protections against discrimination and harassment. 

 

Your caseworker and other adults must support you

No matter what they personally believe, the adults in your life must protect you from harassment and mistreatment.

Social workers have rules they must follow. They cannot treat you unfairly and they must keep your information private unless you give permission to share it.

If your foster home is not safe, your caseworker must act. This may mean moving you to a safer place. Caseworkers and foster parents should also protect you in school if others mistreat you.

 

Tell your caseworker if you feel unsafe

Even if you are not “out” to your caseworker, tell them if you do not feel safe. Report mistreatment right away.

If people target you because they think you are LGBTQ, you are still protected. It does not matter if you identify as LGBTQ or not. 

If the abuse does not stop, you can file a complaint against the people who hurt you and the adults who did not protect you.

 

Report mistreatment to your lawyer or guardian ad litem

If your rights are ignored, you can report it. You cannot be punished for reporting.

A guardian ad litem is an adult the court chooses to look out for your best interests in your case. They are supposed to make sure the judge understands what you need and what will help keep you safe. If you’re being mistreated, tell your guardian.

You can also report to:

  • A trusted adult
  • Your caseworker’s supervisor
  • A judge (if you have a court case)
  • The Office of Children and Family Services (OCFS) at 1-800-342-3720 or their website.
  • Your attorney

Your lawyer can take legal action to protect you. What you tell your lawyer is private. You do not need to come out to get legal help.

In serious cases, LGBTQ youth have sued for money damages because of abuse. Your lawyer will explain your options.

 

Adults must accept you as you are

No one can force you to change your sexual orientation or gender identity.

“Conversion therapy” (programs that try to change you) is illegal in New York. Doctors are not allowed to use it.

You can keep your own religion, culture, and traditions. You cannot be punished in cruel ways, like being locked in a room, forced to be alone, or denied food and water.

 

Know your health care rights

As a youth in care, you have the right to health care. This includes care for your sexual and reproductive health, such as birth control, abortion, prenatal care, and checkups.

If your doctor believes you can make choices for yourself, you can agree (consent) to these services.

You should also get sexual health education and materials. If this has not been offered to you, ask for it.

Being LGBTQ does not mean you always need special care. But it is important that you can talk openly with your doctor or counselor.

If you are transgender or nonbinary, you may need care to help you live as your true gender. Do not use unsafe treatments. Use only safe, professional care.

In New York, gender-affirming care is legal. Medicaid pays for transgender health care.

If you need help finding supportive doctors or counselors, ask your caseworker or contact:

 

Who to contact for help

Look for LGBTQ resources in your community. Supportive adults can also guide you.

Helpful resources

 

Suicide Prevention Resources

If you are thinking about suicide, reach out to someone you trust, or reach out to one of the below services right away:

  • Call 1-866-488-7386, the Trevor Project’s 24/7/365 suicide prevention and crisis intervention hotline for LGBTQ youth and their loved ones.
  • The Crisis Text Line lets you connect with a counselor over text message. Text “START” to 741-741.
  • Call 988 for the National Suicide Prevention Lifeline to talk to a counselor free of charge.
  • The Trans Lifeline: Trans Lifeline is a grassroots hotline offering direct emotional and financial support to trans people in crisis. Call (877) 565-8860. Trans Lifeline’s hotline operating hours are Monday through Friday, 1 to 9 p.m. 
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Last Reviewed: October 8, 2025