Bill

Bill > AB897


WI AB897

WI AB897
Elimination of a jury trial in a child in need of protection or services (CHIPS) proceeding and substitution of judge in a proceeding for the termination of parental rights.


summary

Introduced
01/23/2026
In Committee
01/23/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, in a proceeding to determine whether a child or unborn child is in need of protection or services (CHIPS or UCHIPS), and in a termination of parental rights (TPR) proceeding, a child or the child’s parent, guardian, or legal custodian; an unborn child’s guardian ad litem; or an expectant mother of an unborn child has a statutory right to a jury trial in the fact-finding portion of the proceeding. This bill eliminates that statutory right in a CHIPS or UCHIPS proceeding, unless the child who is the subject of the petition is subject to the Wisconsin Indian Child Welfare Act. The bill also changes who may request substitution of judge in a TPR proceeding. Under current law, the child, the child’s parent, the guardian or legal custodian, the expectant mother, or the unborn child’s guardian ad litem may each request substitution of judge one time before the plea hearing. Under the bill, only the petitioner or the parent may request substitution of judge, and if a new judge is assigned to the proceeding, a party’s request for substitution must be submitted no later than 10 days after receipt of notice of the new assignment.

AI Summary

This bill eliminates the right to a jury trial in most cases where a child is determined to be in need of protection or services (CHIPS), a legal process to ensure a child's safety and well-being, unless the child is an Indian child subject to the Wisconsin Indian Child Welfare Act. It also changes who can request a judge to be replaced in cases where a parent's rights are being terminated (TPR), a serious legal action that ends the legal relationship between a parent and child; under the bill, only the party initiating the case (the petitioner) or the parent can request a judge substitution, and this request must be made within 10 days of being notified of a new judge.

Committee Categories

Education

Sponsors (9)

Last Action

Representative Kitchens added as a coauthor (on 02/10/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...