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Bills · 2017-2018 Regular Session

AB 784

Became law Official bill text Atom feed

Relating to: a parent's right to counsel in a child in need of protection or services proceeding, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation. (FE)

Attorney Brown county Children — Protection and services Children and families, department of County — Human services Juvenile court Kenosha county Outagamie county Public defender Racine county Reports Sunset Winnebago county

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill removes the prohibition on assigning counsel to a parent in a child in

need of protection or services (CHIPS) proceeding, and creates a five-county pilot

program that creates a right to counsel for such a parent.

Under current law, a parent is entitled to legal representation in a proceeding

under the Children's Code involving a contested adoption or an involuntary

termination of parental rights. In all other cases under the Children's Code, the

juvenile court may appoint counsel to any party to the proceeding except that the

juvenile court is prohibited from appointing counsel in a CHIPS proceeding for any

party other than a child, an Indian parent, or an Indian custodian. This prohibition

was ruled unconstitutional by the Wisconsin Supreme Court in

Joni B. v. State

, 202

Wis. 2d 1 (1996), on the grounds that the prohibition constitutes a violation of the

separation of powers doctrine of the Wisconsin Constitution.

This bill eliminates the statutory prohibition placed on a juvenile court

regarding appointment of counsel for parents other than Indian parents or Indian

custodians and creates a five-county pilot program that grants a nonpetitioning

parent in a CHIPS proceeding in which the child has been taken into custody a right

to counsel, including referral to the state public defender if appropriate.

Under the bill, the pilot program creating a right to counsel for a parent in a

CHIPS proceeding in a participating county sunsets on June 30, 2021. Also, the SPD

and the Department of Children and Families must each submit a report by January

1, 2021, to the Joint Committee on Finance and each house of the legislature

regarding the costs of and data from implementing the pilot program created under

the bill.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Anderson (D) , Ballweg (R) , Barca (D) , Berceau (D) , Billings (D) , Born (R) , C. Taylor (D) , Considine (D) , Crowley (D) , Doyle (D) , E. Brooks (R) , Edming (R) , Felzkowski (R) , Fields (D) , Genrich (D) , Katsma (R) , Kerkman (R) , Kitchens (R) , Kolste (D) , Krug (R) , Kulp (R) , Meyers (D) , Mursau (R) , Novak (R) , Ohnstad (D) , Petersen (R) , Petryk (R) , Pronschinske (R) , Ripp (R) , Rodriguez (R) , Rohrkaste (R) , Sargent (D) , Schraa (R) , Sinicki (D) , Snyder (R) , Spiros (R) , Spreitzer (D) , Steineke (R) , Subeck (D) , Swearingen (R) , Tauchen (R) , Thiesfeldt (R) , Tranel (R) , VanderMeer (R) , Vruwink (D)

12 cosponsors

Bewley (D) , Darling (R) , Feyen (R) , Johnson (D) , L. Taylor (D) , Larson (D) , Olsen (R) , Quinn (R) , Ringhand (D) , Vinehout (D) , Wanggaard (R) , Wirch (D)

Votes

Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 9, Noes 0

Passed 9–0 Feb 2, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Judiciary, Ayes 8, Noes 1

Passed 8–1 Feb 2, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Joint Committee on Finance, Ayes 16, Noes 0

Passed 16–0 Feb 8, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Joint Committee on Finance, Ayes 16, Noes 0

Passed 16–0 Feb 8, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 90–2 Feb 13, 2018 official source full page

Aye · 90

Nay · 2

Not voting · 4

Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

Passed 5–0 Feb 16, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: CONCURRENCE

Passed 32–0 Feb 20, 2018 official source full page

Full history

  1. Dec 27, 2017 · Assembly

    Introduced by Representatives Ballweg, Subeck, Snyder, Doyle, Katsma, Billings, Novak, Meyers, Pronschinske, Crowley, Rodriguez, Kitchens, Anderson, Barca, Berceau, Born, E. Brooks, Considine, Fields, Felzkowski, Genrich, Kerkman, Kolste, Krug, Kulp, Mursau, Ohnstad, Petersen, Petryk, Ripp, Rohrkaste, Sargent, Schraa, Sinicki, Spiros, Spreitzer, Steineke, Swearingen, C. Taylor, Tauchen, Thiesfeldt, Tranel, VanderMeer, Vruwink and Edming; cosponsored by Senators Feyen, Johnson, Bewley, Larson, Olsen, Ringhand, L. Taylor, Vinehout, Wanggaard and Wirch

  2. Dec 27, 2017 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Jan 8, 2018 · Assembly

    Representative Quinn added as a coauthor

  4. Jan 8, 2018 · Assembly

    Fiscal estimate received

  5. Jan 26, 2018 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Ballweg

  6. Jan 30, 2018 · Assembly

    Public hearing held

  7. Jan 31, 2018 · Assembly

    Executive action taken

  8. Feb 2, 2018 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 9, Noes 0

  9. Feb 2, 2018 · Assembly

    Report passage as amended recommended by Committee on Judiciary, Ayes 8, Noes 1

  10. Feb 2, 2018 · Assembly

    Referred to joint committee on Finance

  11. Feb 8, 2018 · Assembly

    Fiscal estimate received

  12. Feb 8, 2018 · Assembly

    Executive action taken

  13. Feb 8, 2018 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Joint Committee on Finance, Ayes 16, Noes 0

  14. Feb 8, 2018 · Assembly

    Report passage as amended recommended by Joint Committee on Finance, Ayes 16, Noes 0

  15. Feb 8, 2018 · Assembly

    Referred to committee on Rules

  16. Feb 8, 2018 · Assembly

    Placed on calendar 2-13-2018 by Committee on Rules

  17. Feb 12, 2018 · Assembly

    Fiscal estimate received

  18. Feb 13, 2018 · Assembly

    Read a second time

  19. Feb 13, 2018 · Assembly

    Assembly Substitute Amendment 1 adopted

  20. Feb 13, 2018 · Assembly

    Ordered to a third reading

  21. Feb 13, 2018 · Assembly

    Rules suspended

  22. Feb 13, 2018 · Assembly

    Read a third time and passed, Ayes 90, Noes 2, Paired 2

  23. Feb 13, 2018 · Assembly

    Ordered immediately messaged

  24. Feb 14, 2018 · Senate

    Received from Assembly

  25. Feb 14, 2018 · Senate

    Read first time and referred to committee on Senate Organization

  26. Feb 14, 2018 · Senate

    Available for scheduling

  27. Feb 14, 2018 · Senate

    Senator Darling added as a cosponsor

  28. Feb 16, 2018 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  29. Feb 16, 2018 · Senate

    Placed on calendar 2-20-2018 pursuant to Senate Rule 18(1)

  30. Feb 20, 2018 · Senate

    Read a second time

  31. Feb 20, 2018 · Senate

    Ordered to a third reading

  32. Feb 20, 2018 · Senate

    Rules suspended

  33. Feb 20, 2018 · Senate

    Read a third time and concurred in, Ayes 32, Noes 0

  34. Feb 20, 2018 · Senate

    Ordered immediately messaged

  35. Feb 20, 2018 · Assembly

    Received from Senate concurred in

  36. Mar 8, 2018 · Assembly

    Report correctly enrolled on 3-8-2018

  37. Apr 3, 2018 · Assembly

    Presented to the Governor on 4-3-2018

  38. Apr 5, 2018 · Assembly

    Report approved by the Governor on 4-4-2018. 2017 Wisconsin Act 253

  39. Apr 5, 2018 · Assembly

    Published 4-5-2018