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Bill > SB886


WI SB886

WI SB886
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
01/27/2026
In Committee
01/27/2026
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 LRB-5990/1 MDE:skw 2025 - 2026 Legislature SENATE BILL 886 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 modifies the legal process for cases involving children in need of protection or services (CHIPS) and the termination of parental rights (TPR). Specifically, it eliminates the right to a jury trial in CHIPS proceedings, which are legal actions to determine if a child requires state protection or services, unless the child is an Indian child subject to the Wisconsin Indian Child Welfare Act. For TPR proceedings, which involve ending the legal relationship between a parent and child, the bill restricts who can request a judge to be replaced. Currently, several parties can request a judge substitution, but under this bill, only the petitioner (the party bringing the case) or the parent can make such a request, and they must do so within 10 days of being notified of a new judge being assigned to the case.

Committee Categories

Justice

Sponsors (9)

Last Action

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

bill text


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