Section 1 Short title
This Act may be cited as the “Ensuring Legal Representation for Child Welfare Act”.
Ensuring Legal Representation for Child Welfare Act
A BILL
To amend subpart 1 of part B of title IV of the Social Security Act to provide for legal representation in certain child welfare proceedings, and for other purposes.
Sec. 2 State plans for child welfare services
Section 422(b)(4) of the Social Security Act (42 U.S.C. 622(b)(4)) is amended—
in subparagraph (A), by striking “and” after the semicolon;
in subparagraph (B), by adding “and” at the end; and
by adding at the end the following:
“(C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child and in which there is an allegation of child abuse or child neglect, including a proceeding on dependency, adoption, guardianship, or termination of parental rights, information about and access to available independent legal representation is provided, as appropriate, to—
“(i) the child; and
“(ii) any individual who is a parent or guardian, or has custody, of the child;”
Sec. 3 Effective date
In general— The amendments made by this Act shall take effect on October 1, 2026, and shall apply to payments made under subpart 1 of part B of title IV of the Social Security Act for calendar quarters beginning on or after such date.
Delay permitted if State legislation is required— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for any State plan approved under subpart 1 of part B 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 1st regular session of the State legislature that begins after October 1, 2026. 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.