Right to Representation Act
- Bill Number
- H.R. 8997
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Families
- Status
- Introduced
- Latest Action
- 2026-05-21: Referred to the House Committee on Ways and Means.
- Last Updated
- 2026-06-25T19:33:55Z
AI-Generated Summary
Purpose The legislation aims to ensure that states provide legal representation to children and parents in child protection proceedings as a condition for receiving federal funding under the Title IV-E program for foster care, prevention, and permanency.
Key Provisions
- Amends Section 471(a) of the Social Security Act to add a new state plan requirement (paragraph 38).
- States must guarantee independent legal representation for:
- Parents or guardians in any judicial proceeding involving allegations of child abuse or neglect, including dependency, adoption, guardianship, or termination of parental rights cases.
- Children who are alleged or found to have been abused or neglected.
- Defines "independent legal representation" as an attorney-client relationship governed by the state's rules of professional responsibility.
- Sets an effective date of October 1, 2026, with a possible delay if state legislation is needed.
- Requires the Government Accountability Office (GAO) to submit reports to Congress every two years on implementation of the new requirement.
Significant Changes to Existing Law This bill adds a mandatory assurance to state plans under Title IV-E, expanding federal conditions on funding that were not previously required. It introduces a federal-level guarantee of counsel in specified civil family court matters, which states must implement through policies and procedures.
Potential Impacts
- Government agencies: States and their child welfare agencies must develop or expand systems to provide or fund attorneys, potentially increasing administrative and judicial costs while remaining eligible for federal matching funds. The Department of Health and Human Services will oversee compliance through state plan reviews.
- Citizens: Children and parents involved in abuse or neglect proceedings gain access to independent counsel, which may affect case outcomes, due process, and family reunification efforts.
- International relations: None identified in the legislation.
Main Stakeholders Affected
- State governments and legislatures
- Child welfare agencies and courts
- Parents, guardians, and children in child protection cases
- Attorneys providing representation
- The GAO and congressional committees (House Ways and Means, Senate Finance)
- The Secretary of Health and Human Services
Notable Legal, Constitutional, or Political Implications The bill links a new right to counsel in civil proceedings to federal funding eligibility, which may raise questions about state authority over family law and resource allocation. It does not create a constitutional right but conditions federal payments on compliance. Implementation could involve litigation over the scope of "independent" representation or state procedural rules.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Scanlon, Mary Gay [D-PA-5]
Recent Actions
- 2026-05-21: Referred to the House Committee on Ways and Means.
- 2026-05-21: Introduced in House
- 2026-05-21: Introduced in House
Bill Versions
- Right to Representation Act — issued 2026-05-21 — PDF (4 pages)