The Right to Representation Act would require all states to provide free lawyers for both children and parents involved in child protection cases, including those dealing with abuse, neglect, foster care, adoption, guardianship, and termination of parental rights. The requirement would apply to cases funded through the federal foster care and permanency program under the Social Security Act, with an effective date of October 1, 2026. States would need to ensure that attorneys have a true attorney-client relationship with their clients under state rules of professional conduct. The bill allows states additional time to comply if they need to pass new state legislation to implement the requirement, with a grace period extending to the first legislative session after the effective date. Every two years, the Government Accountability Office would report to Congress on how states are implementing this legal representation requirement.
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