Press Releases

Washington, D.C. — Congresswoman Mary Gay Scanlon (PA-05), Co-Chair of the Congressional Caucuses on Foster Youth and Access to Legal Aid, this week joined Claudia Tenney (NY-24) in introducing the Ensuring Legal Representation for Child Welfare Act, which will help provide legal representation for children in foster care and the child welfare system throughout the country.

Currently, the right to counsel in child protection proceedings is inconsistent across the country. Some states have a guaranteed right to counsel, others have limits on appointed counsel depending on the age of the child or duration of the case, and some have no right to counsel at all. The presence of legal representation in child protection proceedings can help facilitate communication between all parties involved, leading to more informed decisions that prioritize the well-being of the child, ultimately promoting justice and safeguarding the rights of children and parents alike. The Ensuring Legal Representation for Child Welfare Act amends Title IV-B of the Social Security Act to instruct states to provide information about and access to independent legal representation to children and parents in child welfare proceedings. 

“With so much at stake in child protection proceedings, attorneys have a critical role to make sure that the voices of children and parents are heard, and their rights are protected,” Rep. Scanlon. “These attorneys can facilitate communication between parties and assist the courts in making informed decisions that prioritize the well-being of the child and family as a whole. I am proud to join Rep. Tenney in introducing this bipartisan legislation to promote justice and safeguard the rights of children and parents alike.”

This bill is endorsed by the Center for the Rights of Abused Children and the National Association of Counsel for Children.

“Every child deserves a safe and loving home. By improving access to attorneys in abuse proceedings, this legislation could help more child victims exit foster care in a timely manner for safe and loving homes," said Darcy Olsen, CEO of the Center for the Rights of Abused Children.

"Children and parents in court need lawyers of their own to help navigate a complex system, ensure their voices are heard, and protect their rights. This legislation will help more families across the country see justice during child welfare court proceedings," said Kim Dvorchak, CEO of the National Association of Counsel for Children.

“We must provide children in foster care and the child welfare system access to an attorney to protect their constitutional rights and advocate for their best interests,” said Rep. Tenney. “The Ensuring Legal Representation for Child Welfare Act is a commonsense step toward providing children in the most vulnerable of situations access to an attorney to advocate directly and solely for their best interests.”

Find the bill text here.

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