Niagara Leader

Congresswoman Claudia Tenney (NY-24) and Congresswoman Mary Gay Scanlon (PA-5) have introduced the Ensuring Legal Representation for Child Welfare Act. The proposed legislation aims to provide legal representation for children in foster care and the child welfare system nationwide.

The bill seeks to encourage states to offer legal counsel for children, particularly those who have experienced abuse and neglect. Currently, only 10 states actively ensure the right to counsel for children in foster care. Tenney’s bill would extend this right to all 50 states.

“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 Congresswoman 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.”

Congresswoman Scanlon emphasized the critical role attorneys play in child protection 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,” she stated. “These attorneys can facilitate communication between parties and assist the courts to make 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.”

Ways and Means Chairman Jason Smith also expressed support for the legislation, highlighting its importance in ensuring independent legal representation in family court. “Our child welfare system, including state family courts, has a duty to act in the best interest of each child,” he said. “I want to thank Congresswoman Tenney for this legislation that supports states in coordinating access to independent legal representation in family court. Families need to know that their legal representation does not have a conflict of interest that could interfere with protecting their children, and we know that families who have legal representation have more timely permanency hearings spending less time in the child welfare system.”

Darcy Olsen, CEO of the Center for the Rights of Abused Children, noted how improved access to attorneys could benefit child victims. "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," she said.

Kim Dvorchak, CEO of the National Association of Counsel for Children, also voiced support: "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."

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