Right to counsel

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Legislation, Abuse/Neglect/Dependency - Children

Except as listed under § 48.23(1m)(b)(2), children subject to CHIPS proceedings under § 48.13 “may be represented by counsel at the discretion of the court” and “a child 15 years of age or older may waive counsel in the court is satisfied such waiver is knowingly and voluntarily made and the court accepts the waiver.”  Wis. Stat. Ann. § 48.23(1m)(b)(1).   Under Wis. Stat. Ann. § 48.23(1m)(b)(2), a child subject to a CHIPS proceeding must be represented by counsel in the following circumstances:

 

1. If the petition is contested, the court may not place the child outside his or her home unless the child is represented by counsel at the fact-finding hearing and subsequent proceedings.

2. If the petition is not contested, the court may not place the child outside his or her home unless the child is represented by counsel at the hearing at which the placement is made.  For a child under 12 years of age, the judge may appoint a guardian ad litem instead of counsel.

 

Wis. Stat. Ann. § 48.23(1m)(b)(2). Except for the circumstances listed above, a child 15 years of age or older allegedly in need of protective services may waive counsel if the court finds that the waiver is knowing and voluntary and the court accepts the waiver.

Appointment of Counsel: categorical Qualified: yes