2013 WISCONSIN ACT
337
An Act
to renumber and amend
48.23 (2);
to amend
48.23 (2) (title); and
to create
48.23 (2) (b) 2., 48.23 (2) (b) 3. and 48.23 (2) (c) of the statutes;
relating to:
waiver of a parent's right to counsel in a contested adoption or an involuntary termination of parental rights proceeding for failure to personally appear as ordered by the juvenile court.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
48.23 (2) (title) of the statutes is amended to read:
48.23
(2)
(title)
Right of
parents
parent
to counsel.
Section
2
.
48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:
48.23
(2)
(a)
Whenever a child is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel.
Except as provided in sub. (2g), a minor parent petitioning for
the
a
voluntary termination of parental rights shall be represented by a guardian ad litem.
If
(b) In
a proceeding
involves
involving
a contested adoption or
the
an
involuntary termination of parental rights, any parent
18 years old or older
who appears before the court shall be represented by
counsel; but the
counsel, except as follows:
1. A
parent
18 years of age or over
may waive counsel
provided
if
the court is satisfied
such
that the
waiver is knowingly and voluntarily made.
Section
3
.
48.23 (2) (b) 2. of the statutes is created to read:
48.23
(2)
(b) 2. A parent under 18 years of age may not waive counsel.
Section
4
.
48.23 (2) (b) 3. of the statutes is created to read:
48.23
(2)
(b) 3. Notwithstanding subd. 1., a parent 18 years of age or over is presumed to have waived his or her right to counsel and to appear by counsel if the court has ordered the parent to appear in person at any or all subsequent hearings in the proceeding, the parent fails to appear in person as ordered, and the court finds that the parent's conduct in failing to appear in person was egregious and without clear and justifiable excuse. Failure by a parent 18 years of age or over to appear in person at consecutive hearings as ordered is presumed to be conduct that is egregious and without clear and justifiable excuse. If the court finds that a parent's conduct in failing to appear in person as ordered was egregious and without clear and justifiable excuse, the court may not hold a dispositional hearing on the contested adoption or involuntary termination of parental rights until at least 2 days have elapsed since the date of that finding.
Section
5
.
48.23 (2) (c) of the statutes is created to read:
48.23
(2)
(c) In a proceeding to vacate or reconsider a default judgment granted in an involuntary termination of parental rights proceeding, a parent who has waived counsel under par. (b) 1. or who is presumed to have waived counsel under par. (b) 3. in the involuntary termination of parental rights proceeding shall be represented by counsel, unless in the proceeding to vacate or reconsider the default judgment the parent waives counsel as provided in par. (b) 1. or is presumed to have waived counsel as provided in par. (b) 3.
Section
5g
.
48.23 (4m) of the statutes is created to read:
48.23
(4m)
Discharge of counsel.
In any situation under this section in which counsel is knowingly and voluntarily waived or in which a parent is presumed to have waived his or her right to counsel, the court may discharge counsel.
Section
5m
.
48.424 (4) (intro.) of the statutes is amended to read:
48.424
(4)
(intro.) If grounds for the termination of parental rights are found by the court or jury, the court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2).
The
Except as provided in s. 48.23 (2) (b) 3., the
court shall then proceed immediately to hear evidence and motions related to the dispositions enumerated in s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if any of the following apply:
Section
6
.
Initial applicability.
(1)
Waiver by parent of right to counsel by failure to appear.
This act first applies to a parent who on the effective date of this subsection is ordered to appear in person at a hearing in a contested adoption or an involuntary termination of parental rights proceeding.
