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HR 8997

Right to Representation Act

119th Congress Introduced by Mary Gay Scanlon

The act would require states to guarantee independent legal representation for both children and parents in child protection cases under Title IV-E, effective Oct 1, 2026.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 8997

Bill Overview: Right to Representation Act (H.R. 8997, 119th Congress)

  • Introduced: May 21, 2026 by Rep. Mary Gay Scanlon (co-sponsor)
  • Jurisdiction: United States
  • Primary aim: Amend part E of title IV of the Social Security Act to guarantee legal representation for children and parents involved in child protection proceedings, under the federal foster care, prevention, and permanency program.

Purpose and Intent

  • The bill seeks to ensure that every child and parent involved in child protection proceedings has independent legal representation during the duration of the related judicial proceedings.
  • By requiring states to provide independent counsel, the act aims to improve fairness, ensure due process, and support appropriate outcomes in cases involving abuse, neglect, adoption, guardianship, or termination of parental rights.

Key Provisions

  1. State Plan Requirement ( amended Section 471(a) of the Social Security Act )

    • Adds new subsection (38) to require states to:
      • (A) Ensure policies and procedures guarantee an attorney is available to provide independent legal representation to:
      • (i) Parents/guardians involved in the proceeding
      • (ii) Children who are alleged or found to be abused or neglected
      • (B) Define “independent legal representation” as an attorney-client relationship governed by the state's professional rules of responsibility.

  2. Effective Date

    • Provisions become effective on October 1, 2026.
    • Apply to federal payments under part E for calendar quarters beginning on or after that date.
    • If a state needs non-federal legislation to implement the requirement, there is a delayed effective date. The State plan is allowed a delay until the first calendar quarter after the state’s first regular session following the effective date, with the two-year legislative session treated as separate regular sessions.

  3. Monitoring and Reporting (GAO oversight)

    • The Comptroller General (GAO) must prepare and submit a biennial report (every 2 years) on how the new requirement (471(a)(38)) is being implemented.
    • Reports go to the House Ways and Means Committee and the Senate Finance Committee.

Who Would Be Affected

  • States administering the federal foster care, prevention, and permanency program under Title IV-E (i.e., all states and territories that participate in the program).
  • Children in foster care or involved in child protection proceedings.
  • Parents or guardians involved in these proceedings.
  • State child welfare agencies and court systems administering child protection cases.

Potential Impacts

  • Increased availability of independent legal representation for both children and parents in abuse/neglect, adoption, guardianship, or termination of parental rights cases.
  • Stronger due process protections and potentially different outcomes in proceedings due to heightened advocacy for the child’s and family's interests.
  • Administrative and financial implications for states to hire, contract, or otherwise provide independent attorneys and to align procedures with professional responsibility rules.
  • A mandatory reporting mechanism to monitor implementation and effectiveness, informing federal oversight and potential future policy refinements.

Procedural Timeline Highlights

  • Effective date for new representation requirements: October 1, 2026.
  • Application of requirements to federal payments for quarters beginning on or after the effective date.
  • Possible state delay if new state legislation is required beyond appropriations; in such cases, the delay lasts until the first calendar quarter after the first regular session following enactment.
  • Biennial GAO reporting starting after the effective date, detailing implementation status and progress.

Summary

The Right to Representation Act would codify a federal obligation for states to guarantee independent legal representation for both children and parents in child protection proceedings under the Title IV-E foster care program. It establishes clear standards for what constitutes independent representation, ties the new requirements to a defined effective date with a potential state-level delay, and institutes ongoing federal evaluation through GAO reporting.

Compiled from official sources — confirm details with the bill’s official record.

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