Yes.

• You have the right to be LGBTQ+. You can share when and if you want to.
• You have the right to feel safe where you are living.
• Your LGBTQ+ identity must be respected. Caseworkers and staff must help with needs you have as an LGBTQ+ person.
• Coming out is up to you.
• Staff can’t force you to tell them your gender identity or sexual orientation.

It’s up to you.

• If you tell your Legal Aid attorney, social worker, or paralegal client advocate, they can help you with LGBTQ+-specific needs you may have (like getting clothes you feel comfortable in, connecting you with affirming medical care, and more—just ask!).
• If you don’t want people to know information about your sexuality or gender identity in court, your lawyer can help keep it confidential.

It depends.

• This information is yours, not theirs. Staff can only share that you are LGBTQ+ if you consent, which means you give them permission.
• There are some exceptions to this rule. If staff believe they need to share this information to keep you safe, staff might have to share information, including information about your identity, with a supervisor.
• Your family may become aware of your gender or sexual orientation if you legally change your name or ask to change where you are living in foster care.
• Even if there is an exception, you have the right to know if a staff member is going to tell anyone about your sexual orientation or gender identity, who they are going to tell, and why.

Yes.

• You have the right to be free from any form of bias, harassment, or discrimination based on your actual or perceived sexual orientation, gender identity, or gender expression. In other words, you have the right to be treated just like anybody else!
• Caseworkers and staff must explain the agency’s non-discrimination policy and also give you a written copy.
• If anyone discriminates against you with their words or actions, caseworkers and staff must immediately step in, take your concerns seriously, and address them quickly.
• Caseworkers and staff are not allowed to tell you you’re wrong for being LGBTQ+ or that you should/could change.

Yes.

• You are also protected in public schools, healthcare offices, stores, where you work, and the courthouse.

• This can happen in different ways. If you think you are being treated unfairly, you can ask your caseworker or attorney for help.
• Examples: not being given the same opportunities as other youth, someone making offensive jokes or using demeaning language about you, someone not using the right name or pronouns, not being allowed to use the restroom that fits who you are, or if you feel someone is treating you poorly because of your LGBTQ+ identity.

Yes.

You have the right to be:

• Called by a name that feels good to you
• Referred to by pronouns that feel good to you
• Given information about legally changing your name by your caseworker and/or staff
• Given free help to update your name and gender on state IDs

Yes.

• You have the right to see a physician who understands and respects the health needs of LGBTQ+ people.
• You have the right to ask for LGBTQ+ affirming mental health support and consult with a physician about hormone therapy, surgery, and other related healthcare.

Yes.

• You have the right to counseling services provided by LGBTQ+ affirming professionals.

• You have the right to request hormone therapy and meet with a qualified doctor about hormone therapy to talk about whether it is right for you.
• If ACS does not provide you with the care you need, your Legal Aid lawyer can help you.

You have the right to ask your doctor about gender-affirming surgery. You generally have to be at least 18 years old for surgery, but if you need access to surgery earlier, contact your Legal Aid attorney.

It depends.

• You have the right to continue taking hormones that have been prescribed by a licensed medical provider in the community.
• If you were previously taking hormones that were not prescribed by a licensed doctor, you have the right to be referred to a physician who is experienced in addressing LGBTQ+ needs. The physician will meet with you to determine whether you should be prescribed hormones.

No.

• No, you are not responsible for paying for your own medical care.
• If someone says you have to pay, please tell your Legal Aid team.

Yes.

• You have the right to wear clothing that best fits who you are.

Yes.

• You have the right to style yourself, including your hair and nails, the way you want. If you’re in foster care, the agency must help you pay for the clothes, hair products, accessories, and other things that make you feel most like you.

Yes.

• You have the right to be housed according to your gender identity. If you are a trans girl, you have a right to be housed with girls. If you are a trans boy, you have a right to be housed with boys. If this isn’t happening, speak with your Legal Aid team.
• You have the right to be part of the decision-making process with staff when figuring out your placement. You have the right to have your gender identity taken into account.
• You have the right, as a transgender and/or nonbinary youth, to be in a setting where your gender identity is affirmed and respected.

Yes.

• Youth who identify as transgender or nonbinary should have their own room for privacy if they wish.

Yes.

• You have the right to use the bathroom and locker room that you feel most safe in based on your gender identity. This is the rule everywhere in New York.
• You have the right to take a shower privately, and the right to not undress in front of other youth.

Yes.

• You have the right to make a request to transfer to an LGBTQ+ affirming placement.

• You can ask your Legal Aid attorney, social worker, or paralegal client advocate for the most up-to-date information on any specific questions you have.
• See the resources listed below.

• You still have the right to get affirming medical care in New York.
• You can talk to your Legal Aid attorney, social worker, or paralegal client advocate for the most up-to-date information.

Yes.

• You have the right to access LGBTQ+ affirming books, websites, and other resources.
• You have the right to information about medical, mental health, and sexual health needs you may have.
• Every foster care agency must have an LGBTQ+ point person, and you have the right to speak to that person and ask them questions.
• You can contact ACS for any LGBTQ+ questions onlinie at ACS – For LGBTQ or 212-676-9421.

To talk to someone right away

• The Trevor Project or call 866-488-7386
• Crisis Text Line: or text HOME or HOLA to 741741
• Trans Lifeline 877-565-8860

For medical care questions

• Callen Lorde Community Health Center HOTT (Health Outreach to Teens) or call 212-271-7212

For LGBTQ+ support nearby

• The LGBT Center Youth Programs or call 212-620-7310
• The Door or call 212-941-9090
• The Ali Forney Center (for homeless LGBTQ+ youth) or call 212-206-0574

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.