Sponsor
Mary Gay Scanlon
Representative · D-PA
Representative · D-PA
The bill expands due-process and legal protections for children and parents in child-welfare proceedings and increases federal oversight, at the cost of meaningful new state/local legal expenses, potential implementation delays, and possible strain on legal provider capacity that could affect representation quality and case timelines.
Children involved in abuse/neglect, dependency, adoption, and termination-of-parental-rights (TPR) cases would receive guaranteed independent attorneys throughout the case, improving legal advocacy and protection of their interests.
Parents and guardians facing proceedings that could terminate parental rights would have access to independent counsel, strengthening due-process protections and legal parity between parties.
Families and children may experience fewer wrongful removals and more appropriate permanency outcomes because both children and parents would be represented by counsel, improving the quality of case decision-making and social-service outcomes.
State and local governments may face substantially higher legal costs to provide appointed counsel, potentially diverting funds from other child-welfare services or requiring budget increases.
Smaller jurisdictions, underfunded public defenders, or nonprofit legal providers could be unable to expand capacity without new funding, producing higher caseloads per attorney and lower-quality representation for some families and children.
States that must pass enabling legislation or seek delays may have uneven implementation, leaving some families without immediate access to counsel and creating geographic disparities in protections.
Based on analysis of 3 sections of legislative text.
Requires States receiving Title IV‑E funds to guarantee independent legal counsel for parents and children in abuse/neglect proceedings, effective Oct 1, 2026.
Official title: To amend part E of title IV of the Social Security Act, to require States to guarantee legal representation to children and parents involved in child protection proceedings, under the program of Federal payments for foster care, prevention, and permanency, and for other purposes.
Introduced May 21, 2026 by Mary Gay Scanlon · Last progress May 21, 2026
Requires States that receive federal foster care, prevention, and permanency funds to guarantee independent legal representation for parents/guardians and for children in any judicial proceeding alleging abuse or neglect (including dependency, adoption, guardianship, or termination of parental rights). Establishes that ‘‘independent legal representation’’ means an attorney-client relationship under the State’s professional responsibility rules and sets an effective date of October 1, 2026, with limited Secretary of HHS delay authority when State law changes are required. Directs the Government Accountability Office to produce a written report every two years describing how the new State-plan assurance is being implemented and submitted to relevant Congressional committees.