AB151,19 18Section 19 . 48.317 (2) of the statutes is repealed.
Note: Sections 18 and 19 delete the provision governing when jeopardy attaches
in a jury trial, and refer only to when jeopardy attaches in a trial to the juvenile court.
AB151,20 19Section 20. 48.415 (intro.) of the statutes is amended to read:
AB151,13,12
148.415 Grounds for involuntary termination of parental rights. (intro.)
2At the fact-finding hearing the court or jury shall determine whether grounds exist
3for the termination of parental rights. If the child is an Indian child, the court or jury
4shall also determine at the fact-finding hearing whether continued custody of the
5Indian child by the Indian child's parent or Indian custodian is likely to result in
6serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and
7whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the
8breakup of the Indian child's family and whether those efforts have proved
9unsuccessful, unless partial summary judgment on the grounds for termination of
10parental rights is granted, in which case the court shall make those determinations
11at the dispositional hearing. Grounds for termination of parental rights shall be one
12of the following:
Note: This Section deletes references to a jury determining whether grounds exist
for TPR, and refers only to the juvenile court making that finding of fact.
AB151,21 13Section 21. 48.422 (1) of the statutes is amended to read:
AB151,13,1814 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
15to terminate parental rights shall be held within 30 days after the petition is filed.
16At the hearing on the petition to terminate parental rights the court shall determine
17whether any party wishes to contest the petition and inform the parties of their
18rights under sub. (4) and s. 48.423.
Note: This Section deletes the requirement that the juvenile court inform the
parties to a TPR proceeding of the right to request a jury trial at the initial hearing on
the TPR petition.
AB151,22 19Section 22. 48.422 (4) of the statutes is repealed.
Note: This Section repeals the right of a party to request a jury trial in a TPR
proceeding.
AB151,23 20Section 23. 48.422 (5) of the statutes is amended to read:
AB151,14,3
148.422 (5) Any nonpetitioning party, including the child, shall be granted a
2continuance of the hearing for the purpose of consulting with an attorney on the
3request for a jury trial or
concerning a request for the substitution of a judge.
Note: This Section eliminates the right of a nonpetitioning party in a TPR
proceeding to be granted a continuance for the purpose of consulting with an attorney on
a request for a jury trial.
AB151,24 4Section 24. 48.424 (3) of the statutes is amended to read:
AB151,14,95 48.424 (3) If the facts are determined by a jury, the jury may only The court
6shall
decide whether any grounds for the termination of parental rights have been
7proved and, whether the allegations specified in s. 48.42 (1) (e) have been proved in
8cases involving the involuntary termination of parental rights to an Indian child.
9The court shall decide
, and what disposition is in the best interest of the child.
Note: This Section deletes a reference to a jury determining whether any TPR
grounds have been proven. It instead requires the juvenile court to make this
determination in addition to then determining what disposition is in the best interest of
the child.
AB151,25 10Section 25. 48.424 (4) (intro.) of the statutes is amended to read:
AB151,14,1711 48.424 (4) (intro.) If grounds for the termination of parental rights are found
12by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
13not preclude a dismissal of a petition under s. 48.427 (2). The court shall then proceed
14immediately to hear evidence and motions related to the dispositions enumerated in
15s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
16disposition and set a date for a dispositional hearing no later than 45 days after the
17fact-finding hearing if any of the following apply:
Note: This Section deletes a reference to a jury finding grounds for TPR, and
refers only to the juvenile court making that determination.
AB151,26 18Section 26. 977.075 (4) of the statutes is amended to read:
AB151,15,419 977.075 (4) The board shall establish by rule a fee schedule that sets the
20maximum amount that a parent subject to s. 48.23 (4) (d), 48.275 (2) (b), or 938.275

1(2) (b) shall pay as reimbursement for legal services and sets the maximum amount
2that a person subject to s. 51.605 or 55.107 shall pay as reimbursement for legal
3services. The maximum amounts under this subsection shall be based on the
4average cost, as determined by the board, for each applicable type of case.
Note: This Section requires the SPD to set in its fee schedule the maximum
amount that a parent in a CHIPS proceeding must pay as reimbursement for legal
services provided by the SPD.
AB151,27 5Section 27. Fiscal changes; Public Defender Board.
AB151,15,12 6(1) Appellate representation. In the schedule under section 20.005 (3) of the
7statutes for the appropriation to the public defender board under section 20.550 (1)
8(b) of the statutes, as affected by the acts of 2013, the dollar amount is increased by
9$209,440 for the second fiscal year of the fiscal biennium in which this subsection
10takes effect to increase the authorized FTE positions for the public defender board
11by 2.0 GPR attorney positions and to otherwise fund the cost of appellate
12representation.
Note: This Section increases the SPD's appropriation for appellate representation
by $209,440 to increase the number of SPD appellate attorneys by 2.0 full-time
equivalent (FTE) positions and to otherwise fund representation for a parent appealing
a disposition of a contested CHIPS petition.
AB151,15,19 13(2) Trial representation. In the schedule under section 20.005 (3) of the
14statutes for the appropriation to the public defender board under section 20.550 (1)
15(c) of the statutes, as affected by the acts of 2013, the dollar amount is increased by
16$851,382 for the second fiscal year of the fiscal biennium in which this subsection
17takes effect to increase the authorized FTE positions for the public defender board
18by 10.0 GPR attorney positions and to otherwise fund the cost of trial representation
19provided by the public defender board.
Note: This Section increases the SPD's appropriation for trial representation by
$851,382 to increase the number of SPD trial attorneys by 10.0 FTE positions and to
otherwise fund representation for a parent in CHIPS proceedings.
AB151,16,5
1(3) Private bar and investigator reimbursement. In the schedule under section
220.005 (3) of the statutes for the appropriation to the public defender board under
3section 20.550 (1) (d) of the statutes, as affected by the acts of 2013, the dollar amount
4is increased by $1,904,000 for the second fiscal year of the fiscal biennium in which
5this subsection takes effect for the purpose for which the appropriation is made.
Note: This Section increases the SPD's appropriation for representation by
members of the private bar by $1,904,000 to fund the reimbursement of private attorneys
representing parents in CHIPS proceedings.
AB151,16,10 6(4) Private bar and investigator payments. In the schedule under section
720.005 (3) of the statutes for the appropriation to the public defender board under
8section 20.550 (1) (e) of the statutes, as affected by the acts of 2013, the dollar amount
9is increased by $125,000 for the second fiscal year of the fiscal biennium in which this
10subsection takes effect for the purpose for which the appropriation is made.
Note: This Section increases the SPD's appropriation for the administrative costs
of private bar representation by $125,000 to fund the administrative costs of appointing
private attorneys to represent parents in CHIPS proceedings.
AB151,16,15 11(5) Transcripts, discovery, and interpreters. In the schedule under section
1220.005 (3) of the statutes for the appropriation to the public defender board under
13section 20.550 (1) (f) of the statutes, as affected by the acts of 2013, the dollar amount
14is increased by $125,000 for the second fiscal year of the fiscal biennium in which this
15subsection takes effect for the purpose for which the appropriation is made.
Note: This Section increases the SPD's appropriation for payments made to
obtain transcripts, discovery materials, and interpreters for clients to fund those costs in
CHIPS proceedings.
AB151,28 16Section 28. Initial applicability.
AB151,17,3 17(1) Representation in proceedings involving children in need of protection
18or services.
The treatment of sections 48.20 (8) (a), 48.21 (3) (d), 48.213 (2) (d), 48.23
19(3), and 977.075 (4) of the statutes, the renumbering of section 48.23 (2) of the
20statutes, the renumbering and amendment of section 48.23 (4) of the statutes, and

1the creation of section 48.23 (2) (bm) and (4) (c) and (d) of the statutes first apply to
2proceedings commenced under section 48.13 or 48.21 of the statutes on the effective
3date of this subsection.
Note: This Section specifies that a parent's right to counsel and the right to be
represented by an SPD in a CHIPS proceeding first apply to a CHIPS proceeding that is
commenced on the effective date of the bill.
AB151,17,94 (2) Elimination of jury trials in proceedings under the Children's Code. The
5treatment of sections 48.028 (4) (d) 1. and 2., (e) 1. and 2., and (g) 1., 48.235 (6), 48.243
6(1) (g), 48.30 (2), 48.31 (2), (4) and (5), 48.317 (intro.), (1) and (2), 48.415 (intro.),
748.422 (1), (4) and (5), and 48.424 (3) and (4) (intro.) of the statutes first applies to
8a child in need of protection or services, or termination of parental rights, proceeding
9in which the petition is filed on the effective date of this subsection.
Note: This Section provides that provisions of the bill eliminating jury trials in
proceedings under the Children's Code first apply to a CHIPS or TPR proceeding in which
the petition is filed on the effective date of the bill.
AB151,29 10Section 29. Effective date.
AB151,17,1211 (1) This act takes effect on the first day of the 6th month beginning after
12publication.
Note: This Section delays the effective date of the bill until the first day of the 6th
month following publication.
AB151,17,1313 (End)
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