SB95: Bill Text

LRB-0193/1

GMM:jrd:km

1995 - 1996 LEGISLATURE

1995 Senate BILL 95

March 8, 1995 - Introduced by Senators Darling, Rosenzweig, A. Lasee, Rude, Weeden and Schultz, cosponsored by Representatives Silbaugh, Goetsch, Musser, Schneiders, Kreibich, Ziegelbauer, Duff, Underheim, Jensen, Seratti, Riley and Klusman. Referred to Committee on Judiciary.

SB95,1,4 An Act to repeal 48.422 (4); to amend 48.31 (2), 48.415 (intro.), 48.422 (1), 48.422 (5), 48.424 (2) (a), 48.424 (3) and 48.424 (4) (intro.); and to create 48.424 (2) (c) of the statutes; relating to: jury trials in termination of parental rights proceedings.

Analysis by the Legislative Reference Bureau

Under current law, any party to a termination of parental rights (TPR) proceeding whose rights may be affected by the TRP order may demand a jury trial to determine if there are any grounds for TPR. This bill eliminates the right to a jury trial in TPR proceedings.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB95, s. 1 Section 1. 48.31 (2) of the statutes is amended to read:

SB95,2,9 48.31 (2) The A hearing on a termination of parental rights petition shall be to the court. A hearing on a petition under s. 48.12, 48.125 or 48.13 or a citation under s. 48.125 shall be to the court unless the child, parent, guardian or legal custodian exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. Chapters 756 and 805 shall govern the selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts. If the court finds that the child is not within the jurisdiction of the court or the court or jury finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

SB95, s. 2 Section 2. 48.415 (intro.) of the statutes is amended to read:

SB95,2,14 48.415 Grounds for involuntary termination of parental rights. (intro.) At the fact-finding hearing the court or jury may make a finding that grounds exist for the termination of parental rights. Grounds for termination of parental rights shall be one of the following:

SB95, s. 3 Section 3. 48.422 (1) of the statutes is amended to read:

SB95,2,19 48.422 (1) The hearing on the petition to terminate parental rights shall be held within 30 days after the petition is filed. At the hearing on the petition to terminate parental rights the court shall determine whether any party wishes to contest the petition and inform the parties of their rights under sub. (4) and s. 48.423.

SB95, s. 4 Section 4. 48.422 (4) of the statutes is repealed.

SB95, s. 5 Section 5. 48.422 (5) of the statutes is amended to read:

SB95,2,24 48.422 (5) Any nonpetitioning party, including the child, shall be granted a continuance of the hearing for the purpose of consulting with an attorney on the request for a jury trial or concerning a request for the substitution of a judge.

SB95, s. 6 Section 6. 48.424 (2) (a) of the statutes is amended to read:

SB95,3,1 48.424 (2) (a) The court may exclude the child from the hearing; and.

SB95, s. 7 Section 7. 48.424 (2) (c) of the statutes is created to read:

SB95,3,3 48.424 (2) (c) There is no right to a jury trial.

SB95, s. 8 Section 8. 48.424 (3) of the statutes is amended to read:

SB95,3,7 48.424 (3) If the facts are determined by a jury, the jury may only The court shall decide whether any grounds for the termination of parental rights have been proven. The court shall decide and what disposition is in the best interest of the child.

SB95, s. 9 Section 9. 48.424 (4) (intro.) of the statutes is amended to read:

SB95,3,14 48.424 (4) (intro.) If grounds for the termination of parental rights are found by the court or jury, the court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). The court shall then proceed immediately to hear evidence and motions related to the dispositions enumerated in s. 48.427. The court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if:

SB95, s. 10 Section 10. Initial applicability.

SB95,3,18 (1)  This act first applies to termination of parental rights hearings under section 48.422 (1) of the statutes, as affected by this act, held on the effective date of this subsection.

SB95,3,19 (End)