LRBs0342/1
EAW:amn
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 628
February 10, 2022 - Offered by Representative Dittrich.
AB628-ASA2,1,4 1An Act to amend 48.243 (1) (g) and 48.31 (2); and to create 48.422 (4m) of the
2statutes; relating to: elimination of a jury trial in a child in need of protection
3or services (CHIPS) proceeding and substitution of judge in a proceeding for the
4termination of parental rights.
Analysis by the Legislative Reference Bureau
Under current law, in a proceeding to determine whether a child or unborn child
is in need of protection or services (CHIPS or UCHIPS), and in a termination of
parental rights (TPR) proceeding, a child or the child's parent, guardian, or legal
custodian; an unborn child's guardian ad litem; or an expectant mother of an unborn
child has a statutory right to a jury trial in the fact-finding portion of the proceeding.
This bill eliminates that statutory right in a CHIPS or UCHIPS proceeding, unless
the child who is the subject of the petition is subject to the Wisconsin Indian Child
Welfare Act.
The bill also changes who may request substitution of judge in a proceeding for
the termination of parental rights (TPR). Under current law, the child, the child's
parent, guardian or legal custodian, the expectant mother, or the unborn child's
guardian ad litem may each request substitution of judge one time before the plea
hearing. Under the bill, only the petitioner or the parent may request substitution
of judge, and if a new judge is assigned to the proceeding, a party's request for

substitution must be submitted no later than 10 days after receipt of notice of the new
assignment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB628-ASA2,1 1Section 1. 48.243 (1) (g) of the statutes is amended to read:
AB628-ASA2,2,22 48.243 (1) (g) The If the child is an Indian child, the right to a jury trial.
AB628-ASA2,2 3Section 2. 48.31 (2) of the statutes is amended to read:
AB628-ASA2,3,64 48.31 (2) The A hearing on a petition under s. 48.13 or 48.133 concerning a child
5other than an Indian child
shall be to the court. A hearing on a petition under s. 48.13
6or 48.133 concerning an Indian child or on a termination of parental rights petition
7shall be to the court
unless the child, the child's parent, guardian, or legal custodian,
8the unborn child's guardian ad litem, or the expectant mother of the unborn child
9exercises the right to a jury trial by demanding a jury trial at any time before or
10during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13
11or 48.133
, the jury shall consist of 6 persons. If a jury trial is demanded in a
12proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties
13agree to a lesser number.
Chapters 756 and 805 shall govern the selection of jurors.
14If the hearing involves a child victim or witness, as defined in s. 950.02, the court may
15order that a deposition be taken by audiovisual means and allow the use of a recorded
16deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with
17s. 971.105. At the conclusion of the hearing, the court or jury shall make a
18determination of the facts, except that in a case alleging a child or an unborn child
19to be in need of protection or services under s. 48.13 or 48.133, the court shall make
20the determination under s. 48.13 (intro.) or 48.133 relating to whether the child or
21unborn child is in need of protection or services that can be ordered by the court. If

1the court finds that the child or unborn child is not within the jurisdiction of the court
2or, in a case alleging a child or an unborn child to be in need of protection or services
3under s. 48.13 or 48.133, that the child or unborn child is not in need of protection
4or services that can be ordered by the court, or if the court or jury finds that the facts
5alleged in the petition have not been proved, the court shall dismiss the petition with
6prejudice.
AB628-ASA2,3 7Section 3. 48.422 (4m) of the statutes is created to read:
AB628-ASA2,3,138 48.422 (4m) Notwithstanding s. 48.29 (1), substitution of judge in a proceeding
9under this subchapter may be requested only by the petitioner and the parent. No
10party may file more than one request for substitution in any one action, nor may any
11request for substitution name more than one judge. If a new judge is assigned to the
12proceeding, a request for substitution must be made within 10 days of receipt of
13notice of assignment.
AB628-ASA2,4 14Section 4. Initial applicability.
AB628-ASA2,3,1615 (1) This act first applies to a petition that is filed under s. 48.13, 48.133, or 48.42
16on the effective date of this subsection.
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