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119-hr-8997119th Congress

Right to Representation Act

Sponsored By: Representative Scanlon, Mary Gay [D-PA-5]

Introduced

Summary

Guarantees independent legal representation for parents and children in child abuse and neglect court cases. It would require states receiving federal foster care, prevention, and permanency payments to ensure lawyers are available to parents, guardians, and to children alleged or found to be abused or neglected during dependency, adoption, guardianship, and termination of parental rights proceedings.

Show full summary
  • Families: Parents and guardians would be offered an attorney for the duration of any judicial proceeding alleging abuse or neglect.
  • Children: Children alleged or found to have been abused or neglected would have independent legal representation defined by an attorney-client relationship under state rules of professional responsibility for lawyers.
  • States: States would need to include these assurances in their Title IV-E plans to receive federal payments. The requirement applies to calendar quarters beginning on or after October 1, 2026, and a delayed deadline can apply if state legislation is required.
  • Oversight: The Comptroller General would report every two years to the House Ways and Means Committee and the Senate Finance Committee describing how the requirement is being implemented.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Guaranteed lawyers for parents and children

If enacted, this bill would require states that get federal child-welfare (part E) payments to provide an attorney to any parent or guardian involved in a court case alleging child abuse or neglect. If enacted, a child who is alleged or found to have been abused or neglected would also be provided an attorney. "Independent legal representation" would mean an attorney-client relationship under the state's rules of professional responsibility for lawyers. The rule would take effect October 1, 2026, and apply to federal part E payments for calendar quarters starting on or after that date. If HHS determines a state must pass new legislation (not just appropriate money) to comply, the state would get a delay until after its next regular legislative session; for 2-year sessions, each year counts separately.

Sponsors & CoSponsors

Sponsor

Scanlon, Mary Gay [D-PA-5]

PA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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