H.R. 8997, Right to Representation Act (Pending, 119th Congress)

This bill is not law. It is pending and has not passed.

The short answer

H.R. 8997, the Right to Representation Act, is a bill in the 119th Congress H.R. 8997 (119th Congress), introduced in House. It was introduced May 21, 2026 Congress.gov bill status for H.R. 8997 (119th Congress). Its latest action on Congress.gov is "Referred to the House Committee on Ways and Means" Congress.gov bill status for H.R. 8997 (119th Congress). If it became law, a state's federal foster care plan would have to guarantee a lawyer for each parent or guardian, and a lawyer for the child, in court cases about child abuse or neglect H.R. 8997 (119th Congress), introduced in House.

What it would change

A new Title IV-E plan requirement. The bill would amend section 471(a) of the Social Security Act, which lists what a state's Title IV-E plan must contain H.R. 8997 (119th Congress), introduced in House. The state would have to guarantee representation for the whole of any court case involving an allegation of child abuse or neglect. That includes dependency, adoption, guardianship, and termination cases H.R. 8997 (119th Congress), introduced in House.

For parents and guardians. An attorney would be "made available" to give independent legal representation to each parent or guardian in the case H.R. 8997 (119th Congress), introduced in House.

For children. An attorney would represent a child who is alleged or found to have been abused or neglected H.R. 8997 (119th Congress), introduced in House.

What "independent" means. Independent legal representation would mean a real attorney-client relationship under the state's rules of professional responsibility for lawyers H.R. 8997 (119th Congress), introduced in House.

Timing. The bill text names October 1, 2026, as the effective date H.R. 8997 (119th Congress), introduced in House. Because the bill has not passed, that date has no legal effect. A state that needed new legislation would get until after its next regular legislative session H.R. 8997 (119th Congress), introduced in House. GAO would report every 2 years on how the requirement is being carried out H.R. 8997 (119th Congress), introduced in House.

How it relates to Texas

Texas law names DFPS as the state agency that cooperates with the federal government on Title IV-B and IV-E programs Tex. Hum. Res. Code §40.002. DFPS must cooperate "to the extent necessary to qualify for federal assistance in the delivery of services" Tex. Hum. Res. Code §40.002. If the bill were enacted, the guarantee would become part of the Title IV-E plan requirements in section 471(a) H.R. 8997 (119th Congress), introduced in House. Because it is not law, it changes nothing in Texas today.

Texas already has its own appointment rules in suits filed by a governmental entity:

• The court must appoint an attorney ad litem (a court-appointed lawyer) for an indigent parent who responds in opposition to termination or conservatorship Tex. Fam. Code §107.013(a).
• If a parent has no lawyer at the first appearance, the court must tell the parent about the right to one Tex. Fam. Code §107.013(a-1).
• The court must appoint an attorney ad litem for the child right after the suit is filed and before the full adversary hearing Tex. Fam. Code §107.012.

For a child who is an Indian child, the federal Indian Child Welfare Act already gives an indigent parent or Indian custodian a right to court-appointed counsel in removal, placement, or termination cases Indian Child Welfare Act of 1978, Public Law 95-608, 92 Stat. 3069. See Indian Child Welfare Act of 1978 (ICWA): Federal Rules for Custody Cases Involving Indian Children and Your Right to a Lawyer in a Texas CPS Case.

Which laws it affects

• It would amend section 471(a) of the Social Security Act, at 42 U.S.C. 671(a) H.R. 8997 (119th Congress), introduced in House.
• It would not amend any Texas statute; its text amends only the Social Security Act H.R. 8997 (119th Congress), introduced in House. Related Texas law: Tex. Fam. Code §107.013 and Family Code §107.012 Tex. Fam. Code §107.012.

Related

• Your Right to a Lawyer in a Texas CPS Case
• Lassiter v. Department of Social Services (1981): Is There a Right to a Free Lawyer in a Termination Case?
• H.R. 5647, Advocates for Families Act of 2025 (Pending, 119th Congress)
• Indian Child Welfare Act of 1978 (ICWA): Federal Rules for Custody Cases Involving Indian Children
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)