Advocates for Families Act Mandates Right to Child Welfare Representation—But Families Have to Pay for It

The Advocates for Families Act of 2025 is setting a new rule for states receiving federal child welfare money: they must guarantee that parents, foster parents, or legal guardians involved in a child welfare case have the right to secure and use a "family advocate" to represent their interests. This new requirement, added to Section 422(b) of the Social Security Act, means states must now inform families of this right the moment a case begins and set professional standards for these advocates. Crucially, the bill explicitly states that states are not required to pay for or provide these advocate services; the cost and responsibility fall entirely on the family.

The Fine Print of Family Rights

On the face of it, this bill establishes a clear win for procedural fairness. If a child welfare agency gets involved in your life—whether you’re a parent fighting to keep custody or a foster parent navigating complex rules—you now have a federally mandated right to bring in your own expert to help you navigate the system. The state must set up rules for how these advocates conduct themselves, which should help ensure some level of quality control. For example, if you’re a working parent who can afford to hire a specialized advocate, this provision ensures the state must recognize and work with that person throughout the process. This is a significant formal change in how states must approach these cases.

Access for the Affluent vs. Everyone Else

Here’s where the policy gets tricky and potentially problematic for the very families who need the most help. While the right to an advocate is guaranteed, the funding is not. Think of it like being told you have the right to a lawyer, but only if you can afford one. Child welfare cases often involve low-income families already struggling with financial instability. By mandating the right to representation but shifting the entire cost burden to the family, the bill creates a two-tiered system: families with resources get effective advocacy, and those without are left navigating a complicated, high-stakes system alone.

New Paperwork, Same Problems?

Beyond the immediate impact on families, the bill creates new administrative requirements for state child welfare agencies. They now have to create new procedures, set professional conduct standards for advocates they don't employ, and, most importantly, report back to the Secretary of Health and Human Services on how this new system is affecting service delivery. The Secretary then has to report to Congress every two years (Section 429C). This means states are taking on new administrative and reporting burdens—a non-funded mandate—to manage a service they aren't actually providing. The big challenge will be whether states prioritize making the right to an advocate meaningful, or if they simply meet the minimum requirement by handing out a pamphlet that lists resources too expensive for most recipients.