LRB-4626/1
EAW:amn
2019 - 2020 LEGISLATURE
October 23, 2019 - Introduced by Representatives Kulp, Doyle, Dittrich,
Felzkowski, James, Katsma, Kurtz, Magnafici, Milroy, Murphy, Mursau,
Ramthun, Tusler, Thiesfeldt, Tranel and Tittl. Referred to Committee on
Family Law.
AB566,1,4 1An Act to amend 48.417 (1) (intro.), 48.417 (2) (intro.), 48.42 (1) (intro.), 48.42
2(1m) (a), 48.831 (3), 938.23 (3) and 938.23 (4); and to create 48.23 (2) (bm) and
348.42 (1d) of the statutes; relating to: the procedure in a CHIPS or JIPS
4proceeding for an involuntary termination of parental rights.
Analysis by the Legislative Reference Bureau
This bill allows a petition to terminate parental rights (TPR) to be filed in a
proceeding in which it is alleged that a child or juvenile is in need of protection or
services (CHIPS or JIPS).
Under current law, a TPR proceeding is initiated by filing a petition with the
court assigned to exercise jurisdiction under the Children's Code (juvenile court). A
TPR petition initiates a new proceeding that is unrelated to any other ongoing
proceedings concerning the child in the juvenile court. Under this bill, a petition to
terminate parental rights may be filed in an ongoing CHIPS or JIPS proceeding for
the same child.
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:
AB566,1 5Section 1. 48.23 (2) (bm) of the statutes is created to read:
AB566,2,5
148.23 (2) (bm) If a petition to terminate parental rights is filed under s. 48.42
2(1d) in a proceeding involving a child or juvenile alleged to be in need of protection
3or services under s. 48.13 or 938.13, any parent who appears before the court shall
4be represented by counsel as provided under par. (b), beginning with the filing of the
5petition under s. 48.42 (1d).
AB566,2 6Section 2 . 48.417 (1) (intro.) of the statutes is amended to read:
AB566,2,137 48.417 (1) Filing or joining in petition; when required. (intro.) Subject to sub.
8(2), an agency or the district attorney, corporation counsel or other appropriate
9official designated under s. 48.09 shall file a petition under s. 48.42 (1) or (1d) to
10terminate the parental rights of a parent or the parents of a child, or, if a petition
11under s. 48.42 (1) or (1d) to terminate those parental rights has already been filed,
12the agency, district attorney, corporation counsel or other appropriate official shall
13join in the petition, if any of the following circumstances apply:
AB566,3 14Section 3 . 48.417 (2) (intro.) of the statutes is amended to read:
AB566,2,2215 48.417 (2) Filing or joining in petition; when not required. (intro.)
16Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d)
17may apply, an agency or the district attorney, corporation counsel or other
18appropriate official designated under s. 48.09 need not file a petition under s. 48.42
19(1) or (1d) to terminate the parental rights of a parent or the parents of a child, or,
20if a petition under s. 48.42 (1) or (1d) to terminate those parental rights has already
21been filed, the agency, district attorney, corporation counsel or other appropriate
22official need not join in the petition, if any of the following circumstances apply:
AB566,4 23Section 4 . 48.42 (1) (intro.) of the statutes is amended to read:
AB566,3,324 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
25for the termination of parental rights shall be initiated by petition which may be filed

1by the child's parent, an agency or a person authorized to file a petition under s. 48.25
2or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
3person under the age of 18" and shall set forth with specificity:
AB566,5 4Section 5. 48.42 (1d) of the statutes is created to read:
AB566,3,105 48.42 (1d) Petition if child or juvenile alleged to be in need of protection
6or services.
If there is an open proceeding under s. 48.13 or 938.13 for the child, the
7termination of parental rights may be initiated by filing a petition in that open
8proceeding. A petition under this subsection shall set forth with specificity the
9information required in sub. (1) (c) and (e) and shall be subject to the procedures of
10this subchapter.
AB566,6 11Section 6 . 48.42 (1m) (a) of the statutes is amended to read:
AB566,3,1912 48.42 (1m) (a) If the petition filed under sub. (1) or (1d) includes a statement
13of the grounds for involuntary termination of parental rights under sub. (1) (c) 2., the
14petitioner may, at the time the petition under sub. (1) or (1d) is filed, also petition the
15court for a temporary order and an injunction prohibiting the person whose parental
16rights are sought to be terminated from visiting or contacting the child who is the
17subject of the petition under sub. (1) or (1d). Any petition under this paragraph shall
18allege facts sufficient to show that prohibiting visitation or contact would be in the
19best interests of the child.
AB566,7 20Section 7 . 48.831 (3) of the statutes is amended to read:
AB566,3,2521 48.831 (3) Fact-finding hearing. The court shall hold a fact-finding hearing
22on the petition, at which any party may present evidence relevant to the issue of
23whether the child has a living parent. If the court finds that the child has a living
24parent, the court shall dismiss the petition or grant the petitioner leave to amend the
25petition to a petition under s. 48.42 (1) or (1d).
AB566,8
1Section 8. 938.23 (3) of the statutes is amended to read:
AB566,4,72 938.23 (3) Power of the court to appoint counsel. Except as provided in this
3subsection, at any time, upon request or on its own motion, the court may appoint
4counsel for the juvenile or any party, unless the juvenile or the party has or wishes
5to retain counsel of his or her own choosing. Except as provided in sub. (2g), the court
6may not appoint counsel for any party other than the juvenile in a proceeding under
7s. 938.13.
AB566,9 8Section 9. 938.23 (4) of the statutes is amended to read:
AB566,4,249 938.23 (4) Providing counsel. If a juvenile has a right to be represented by
10counsel or is provided counsel at the discretion of the court under this section and
11counsel is not knowingly and voluntarily waived, the court shall refer the juvenile
12to the state public defender and counsel shall be appointed by the state public
13defender under s. 977.08 without a determination of indigency. In any situation
14under sub. (2g) in which
If a parent 18 years of age or over is entitled to
15representation by counsel; counsel is not knowingly and voluntarily waived; and it
16appears that the parent is unable to afford counsel in full, or the parent so indicates;
17the court shall refer the parent to the authority for indigency determinations
18specified under s. 977.07 (1). In any other situation under this section in which a
19person has a right to be represented by counsel or is provided counsel at the
20discretion of the court, competent and independent counsel shall be provided and
21reimbursed in any manner suitable to the court regardless of the person's ability to
22pay, except that the court may not order a person who files a petition under s. 813.122
23or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
24that petition.
AB566,4,2525 (End)
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