Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 8 R · 1 D cosponsors

AB 566 — Relating to: the procedure in a CHIPS or JIPS proceeding for an involuntary termination of parental rights. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

112 added · 15 removed

Plain-language change summary

The recent changes to Assembly Bill 566 make it clear that the process for terminating parental rights can now be integrated into ongoing cases concerning the protection of a child, known as CHIPS or JIPS proceedings. Previously, these termination proceedings had to be started as separate cases, which could complicate and delay the process of ensuring a child's safety. This amendment streamlines the legal process and could lead to quicker resolutions in cases where children are in vulnerable situations.

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- 2020 LEGISLATURE LRBa0806/1 EAW:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 566 December 16, 2019 - Offered by RepresentatiAMES.
- 2020 LEGISLATURE LRB-4626/1 EAW:amn ASSEMBLY BILL 566 October 23, 2019 - Introduced by Representatives K ULP, DOYLE , DITTRICH, FELZKOWSKI , AMES , KATSMA, KURTZ, M AGNAFIC, M ILRO, M URPHY, MURSAU , R AMTHUN , USLER, THIESFELDT, RANEL and TITTL.
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Family Law.
1.
A N A CT to amend 48.417 (1) (intro.), 48.417 (2) (intro.), 48.42 (1) (intro.), 48.42 (1m) (a), 48.831 (3), 938.23 (3) and 938.23 (4);
Page 2, line 13:
and to create 48.23 (2) (bm) and 48.42 (1d) of the statutes;
delete “or juvenile".
relating to:
2.
the procedure in a CHIPS or JIPS proceeding for an involuntary termination of parental rights.
Page 2, line 14:
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).
delete “or 938.13".
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).
3.
A TPR petition initiates a new proceeding that is unrelated to any other ongoing proceedings concerning the child in the juvenile court.
Page 12, line 14:
Under this bill, a petition to terminate parental rights may be filed in an ongoing CHIPS or JIPS proceeding for the same child.
delIF CHILD OR JUVENI" and substitutOF A CHIL".
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
4.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Page 12, line 16:
S ECTION 1.
delete “or 938.13".
48.23 (2) (bm) of the statutes is created to read:
5.
- 2020 Legislature - 2 - LRB-4626/1 EAW:amn ASSEMBLY BILL 566 S ECTION 1 48.23 (2) (bm) If a petition to terminate parental rights is filed under s.
Page 28, line 14:
48.42 (1d) in a proceeding involving a child or juvenile alleged to be in need of protection or services under s.
delete the material beginning with that line and ending with page 29, line 12.
48.13 or 938.13, any parent who appears before the court shall be represented by counsel as provided under par.
6.
(b), beginning with the filing of the petition under s.
Page 29, line 15:
48.42 (1d).
delete “or 938.25".
S ECTION 2.
48.417 (1) (intro.) of the statutes is amended to read:
48.417(1) F ILING OR JOINING IN PETITION;
WHEN REQU(intro.) Subject to sub.
(2), an agency or the district attorney, corporation counsel or other appropriate official designated under s.
48.09 shall file a petition under s.
48.42 (to or (1d) terminate the parental rights of a parent or the parents of a child, or, if a petition under s.
48.42 (1) or (1d)terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official shall join in the petition, if any of the following circumstances apply:
S ECTION 3.
48.417 (2) (intro.) of the statutes is amended to read:
48.417 (2) FILING OR JOINING IN PETITION;
WHEN NOT REQUIRED.
(intro.) Notwithstanding that any of the circumstances specified in sub.
(1) (a), (b), (c) or (d) may apply, an agency or the district attorney, corporation counsel or other appropriate official designated under s.
48.09 need not file a petition under s.
48.42 (1) or (1d) to terminate the parental rights of a parent or the parents of a child, or, if a petition under s.
48.42 (1) or (1d) to terminate those parental rights has already been filed, the agency, district attorney, corporation counsel or other appropriate official need not join in the petition, if any of the following circumstances apply:
S ECTION 4.
48.42 (1) (intro.) of the statutes is amended to read:
48.42(1) P ETITION(intro.) AExcept as provided under sub.
(1d), a proceeding for the termination of parental rights shall be initiated by petition which may be filed LRB-4626/1 - 2020 Legislature - 3 - EAW:amn SECTION 4 ASSEMBLY BILL 566 by the child's parent, an agency or a person authorized to file a petition under s.
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48.25 or 48.835.
The petition shall be entitled “In the interest of ..........
(child's name), a person under the age of 18" and shall set forth with specificity:
SECTION 5.
48.42 (1d) of the statutes is created to read:
48.42 (1d) PETITION IF CHILD OR JUVENILE ALLEGED TO BE IN NEED OF PROTECTION OR SERVICESIf there is an open proceeding under s.
48.13 or 938.13 for the child, the termination of parental rights may be initiated by filing a petition in that open proceeding.
A petition under this subsection shall set forth with specificity the information required in sub.
(1) (c) and (e) and shall be subject to the procedures of this subchapter.
SECTION 6.
48.42 (1m) (a) of the statutes is amended to read:
48.42 (1m) (a) If the petition filed under sub.
(1) or (1d) includes a statement of the grounds for involuntary termination of parental rights under sub.
(1) (c) 2., the petitioner may, at the time the petition under sub.
(1) or (1d)also petition the court for a temporary order and an injunction prohibiting the person whose parental rights are sought to be terminated from visiting or contacting the child who is the subject of the petition under sub.
(1) or (1d).
Any petition under this paragraph shall allege facts sufficient to show that prohibiting visitation or contact would be in the best interests of the child.
SECTION 7.
48.831 (3) of the statutes is amended to read:
48.831 (3) ACT-FINDING HEARING.The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of whether the child has a living parent.
If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner leave to amend the petition to a petition under s.
48.42 (1) or (1d) - 2020 Legislature - 4 - LRB-4626/1 EAW:amn ASSEMBLY BILL 566 SECTION 8 SECTION 8.
938.23 (3) of the statutes is amended to read:
938.23 (3) OWER OF THE COURT TO APPOINT COUNSELExcept as provided in this subsection, at any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing.
Except as provided in sub.
(2g), the court may not appoint counsel for any party other than the juvenile in a proceeding under s.
938.13.
SECTION 9.
938.23 (4) of the statutes is amended to read:
938.23 (4) PROVIDING COUNSEL.If a juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court under this section and counsel is not knowingly and voluntarily waived, the court shall refer the juvenile to the state public defender and counsel shall be appointed by the state public defender under s.
977.08 without a determination of indigency.
In any situation under sub.
(2g) in which If a parent 18 years of age or over is entitled to representation by counsel;
counsel is not knowingly and voluntarily waived;
and it appears that the parent is unable to afford counsel in full, or the parent so indicates;
the court shall refer the parent to the authority for indigency determinations specified under s.
977.07 (1).
In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s.
813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Insurance, Financial Services, Government Oversight and Courts

  3. Received from Assembly

  4. Ordered immediately messaged

  5. Read a third time and passed

  6. Rules suspended

  7. Ordered to a third reading

  8. Assembly Substitute Amendment 1 adopted

  9. Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  10. Read a second time

  11. Representative Milroy withdrawn as a coauthor

  12. Placed on calendar 1-15-2020 by Committee on Rules

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Committee on Family Law, Ayes 7, Noes 2

  15. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Family Law, Ayes 9, Noes 0

  16. Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Family Law, Ayes 9, Noes 0

  17. Executive action taken

  18. Representative Snyder added as a coauthor

  19. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative James

  20. Assembly Substitute Amendment 1 offered by Representative Kulp

  21. Fiscal estimate received

  22. Fiscal estimate received

  23. Representative Edming added as a coauthor

  24. Public hearing held

  25. Senators Darling, Olsen and Cowles added as cosponsors

  26. Read first time and referred to Committee on Family Law

  27. Introduced by Representatives Kulp, Doyle, Dittrich, Felzkowski, James, Katsma, Kurtz, Magnafici, Milroy, Murphy, Mursau, Ramthun, Tusler, Thiesfeldt, Tranel and Tittl

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 116 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (116)

116 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 566?
AB 566 is sponsored by Kulp, Doyle, Steve (Democrat), Felzkowski, Mary (Republican), James, Katsma, Magnafici, Milroy, Murphy, David (Republican), Mursau, Jeffrey (Republican), Ramthun, Tusler, Ron (Republican), Thiesfeldt, Tranel, Travis (Republican), Tittl, Paul (Republican), Kurtz, Tony (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 566?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 566?
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