Right to Representation Act

This bill amends part E of title IV of the Social Security Act to require states to guarantee legal representation for children and parents involved in child protection proceedings as a condition of receiving federal foster care, prevention, and permanency payments.

Sec. 2, Requirement that states guarantee legal representation: This section adds a new requirement to state plans under the Social Security Act. States must have policies and procedures ensuring that an attorney provides independent legal representation to any parent or guardian involved in a judicial proceeding about child abuse or neglect, including dependency, adoption, guardianship, or termination of parental rights. An attorney must also provide independent legal representation to any child alleged or found to have been abused or neglected in such proceedings. Independent legal representation means an attorney-client relationship exists under state professional responsibility rules. These changes take effect October 1, 2026, but states needing legislative changes get a delay until the first calendar quarter after their first regular legislative session after that date.

Sec. 3, GAO reports: Every two years after the effective date, the Comptroller General must submit a written report to the House Ways and Means Committee and the Senate Finance Committee describing how the new legal representation requirement is being implemented.