SB 657

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.