States would have to provide free lawyers in child welfare cases

Q: What does it cost, and who pays?

States that receive federal foster care and child welfare funding would need to meet the new legal representation standard to keep receiving those funds. States failing to comply would risk losing that federal money.

In committeeH.R. 8997Latest action May 21, 2026

Sponsor: Mary Gay Scanlon · Representative · PA

AIDecoded by AI · checked against the record

Read the official text

Official title: Right to Representation Act

119th Congress

Introduced: May 21, 2026

Read the official bill on Congress.gov

In plain words

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HR 8997 requires states to provide free attorneys to parents and children in all abuse, neglect, and foster care cases or lose federal funds.

65-second read · 5 questions answered below

What does this do?

HR 8997 would require states to guarantee free legal representation for both children and parents in court cases involving child abuse, neglect, foster care, adoption, guardianship, and termination of parental rights. The bill requires a genuine attorney-client relationship, not merely a lawyer present in name only. States must comply starting October 1, 2026, with extra time granted if state legislation is needed to implement the requirement.

Who does it affect?

The bill affects parents at risk of losing custody, children who have been abused or neglected, and state governments that would need to build or expand legal aid systems. Family law attorneys and court systems would also be affected as demand for representation in these cases could increase significantly.

Why does it matter?

Many states currently do not guarantee lawyers for parents in child welfare cases, even when outcomes such as loss of custody or termination of parental rights are at stake. The would report to Congress every two years on how well states are carrying out the requirement.

What does it cost, and who pays?

Tied to federal foster care funds
States risk losing funds if noncompliant
Deadline to comply: Oct 1, 2026

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Read the official bill on Congress.gov

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IntroducedMay 21, 2026
House committeeYou are here · May 21, 2026
House vote
Senate
The president's desk

Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the president.

Latest action: May 21, 2026 — Referred to the House Committee on Ways and Means.

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