Right to Representation Act

This Act may be cited as the “Right to Representation Act”.

(a) State plan requirement.— Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended—

(1) by striking “and” at the end of paragraph (36)(D);

(2) by striking the period at the end of paragraph (37) and inserting “; and”; and

(3) by adding at the end the following:

“(38)

(A) provides assurances that the State shall have in effect policies and administrative and judicial procedures that guarantee that, for the duration of any judicial proceeding involving an allegation of child abuse or neglect, including a dependency, adoption, guardianship, or termination of parental rights proceeding—

(i) an attorney is made available to provide independent legal representation to any individual who is involved in the proceeding by reason of being a parent or guardian; and

(ii) an attorney provides independent legal representation to any individual who is involved in the proceeding by reason of being a child and who is alleged or found to have been abused or neglected; and

(B) for purposes of subparagraph (A), “independent legal representation” means that an attorney-client relationship exists between the client and the attorney, pursuant to the State’s rules of professional responsibility for lawyers.”.

(b) Effective date.—

(1) In general.— The amendments made by subsection (a) shall take effect on October 1, 2026, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date.

(2) Delay permitted if state legislation required.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the effective date of this section. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Every 2 years after the effective date of section 2, the Comptroller General shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report that describes how section 471(a)(38) of the Social Security Act is being implemented.