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Bills · 2015-2016 Regular Session

AB 1012

Died at session end Official bill text Atom feed

Relating to: the right of a parent to have counsel in a proceeding for a child alleged to be in need of protection or services; the power of the juvenile court to appoint counsel in such a proceeding; granting rule-making authority; and making appropriations. (FE)

Children — Protection and services Family Juvenile court Juvenile court — Jurisdiction Public defender

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill permits the court assigned to exercise jurisdiction under the Children's

Code (juvenile court) to appoint counsel for any party to a child in need of protection

or services (CHIPS) proceeding. Current law prohibits the juvenile court from

appointing counsel for any party to a CHIPS proceeding, other than the child, but

that prohibition was ruled unconstitutional by the Wisconsin Supreme Court in

Joni

B. v. State,

202 Wis. 2d 1 (1996).

The bill also requires a parent of a child who is the subject of a CHIPS

proceeding to be represented by counsel in the proceeding, if the child has been taken

into custody or ordered to be placed outside of his or her home. In that situation, the

parent must be referred to the State Public Defender, who must appoint counsel for

the parent without a determination of indigency. The juvenile court may, however,

order the parent to reimburse the state for all or part of the costs of that

representation at the conclusion of the proceeding. These provisions sunset on June

30, 2019.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Barnes (D) , Brostoff (D) , Goyke (D) , Johnson (D) , Zamarripa (D) , Zepnick (D)

1 cosponsors

Ohnstad (D)

Full history

  1. Mar 29, 2016 · Assembly

    Introduced by Representatives Goyke, Barnes, Zamarripa, Brostoff, Johnson and Zepnick

  2. Mar 29, 2016 · Assembly

    Read first time and referred to Committee on Family Law

  3. Apr 5, 2016 · Assembly

    Representative Ohnstad added as a coauthor

  4. Apr 13, 2016 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

  5. Apr 18, 2016 · Assembly

    Fiscal estimate received