Assembly Bill 897 proposes significant changes to the legal proceedings concerning children in need of protection or services (CHIPS) and the termination of parental rights (TPR) in Wisconsin. The bill eliminates the statutory right to a jury trial in CHIPS or UCHIPS proceedings, except when the child involved is subject to the Wisconsin Indian Child Welfare Act. Additionally, it modifies the process for requesting a substitution of judge in TPR proceedings, allowing only the petitioner or the parent to make such requests, and stipulating that any request for substitution must be submitted within 10 days of receiving notice of a new judge assignment.
The bill amends existing statutes, specifically removing the general right to a jury trial in CHIPS cases and clarifying that hearings concerning non-Indian children will be conducted by the court unless a jury trial is demanded. It also establishes that only the petitioner and the parent can request a substitution of judge in TPR cases, thereby streamlining the process and limiting the number of substitution requests to one per action. These changes aim to expedite legal proceedings related to child welfare while maintaining protections for Indian children under existing law.
Statutes affected: Bill Text: 48.243(1)(g), 48.243, 48.31(2), 48.31