Children & the Law Section | State Bar of Wisconsin

The Children & the Law Section members include judges, court commissioners, prosecutors, guardians ad litem, agency attorneys and private practice attorneys who represent various parties including children, parents, and grandparents as well as agencies that serve children.  The practice areas of the section members include family, juvenile delinquency and child welfare proceedings.

The State Bar of Wisconsin offers its members the opportunity to network with other lawyers who share a common interest through its 24 sections. Learn more at http://www.wisbar.org/groups.

Website: https://www.wisbar.org/forMembers/Groups/Sections/ChildrenandtheLawSection/pages/home.aspx
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On Feb. 28, 2020, Governor Tony Evers signed AB 47 – now
2019 Wisconsin Act 109 – into law, which moves private guardianships of the child from chapter 54 to chapter 48, the Children’s Code, and expands the types of private minor guardianships available to better meet the needs of children and families.
The new law takes effect Aug. 1, 2020. The Children and the Law Section legislation committee helped draft the legislation and the section supported the bipartisan

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Continue Reading Chapter 48: The New Private Minor Guardianship Law

April is National Child Abuse and Neglect Prevention Month, which urges communities to work together to prevent child abuse and neglect and to promote the social and emotional well-being of children and families.
However, due to the circumstances caused by COVID-19, many experts fear that child abuse will increase, despite seeing a decrease in reports during the month of March.
On March 12, Gov. Tony Evers issued an executive order declaring a public health emergency due to the

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Continue Reading ‘Safer at Home?’ Experts Fear Increase in Child Abuse

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In May 2019, the Children & the Law Section sent a request to the State Bar of Wisconsin Board of Governors (BOG) Policy Committee requesting a BOG position against the presumption of juvenile shackling.
This section highlighted that indiscriminate shackling of youth unnecessarily humiliates, stigmatizes, and traumatizes them. The section noted that data from all over the country shows that shackling is not necessary to maintain courtroom safety, and thus, the constitutional and psychological implications of shackling tip the…
Continue Reading State Bar Adopts Policy Position Against Indiscriminate Shackling of Children

Nationwide, the child welfare community continues to develop procedures to prevent “unnecessary family disruption,” to prevent “maltreatment and the unnecessary removal of children from their families,” and to decrease the children involved in the system.1
Recently, one of the most significant parts of this movement has been to provide high quality legal representation for parents.2 This may be surprising, but the recent evidence supports legal representation for parents. The Wisconsin legal community can strengthen families by providing,

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Continue Reading Strengthening Families through High Quality Parent Legal Representation

In the past couple of decades, there has been an increase in studies regarding the cognitive development of adolescents convicted of crimes.
The reason behind the idea that “children are different from adults,” and therefore need to be treated differently regarding sentencing, is because children and young adults are developmentally different – they are “less mature, more impulsive, more susceptible to various external pressures, and have reduced decision-making abilities.”1
Differences: Age 25 Is Important
Researchers argue that an

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Continue Reading Children With Life Sentences: Juvenile Incarceration in Wisconsin

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When children find themselves thrust into the court system, whether it is through family court, children’s court, or some other avenue, many times there is underlying trauma that led them there.
By educating guardians ad litem (GAL) on what childhood trauma is and how best to approach children suffering from high adverse childhood experience (ACE) scores, we can attempt to provide appropriate services and assistance to the child in order to act in their best interest.
Defining Trauma-informed Care…
Continue Reading Trauma-informed Care and the Role of Guardian ad Litem

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There are multiple efforts underway in the Wisconsin Legislature to study and reform Wisconsin’s termination of parental rights (TPR) and adoption systems, including two bills in the Legislature and a task force on adoption.
Two Bills
Two pending bills – 2019 Senate Bill 232 and 2019 Assembly Bill 263 – propose a complete overhaul of our TPR and adoption statutory schemes. In particular, the bills propose:

  • eliminating TPR jury trials;
  • combining fact-finding and disposition hearings;
  • providing a method of

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Continue Reading Big Changes Considered in Wisconsin TPR and Adoption Law

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Attorneys who represent children and families involved in the child welfare system face many challenges when advocating for the interests of their clients. The children, parents, and relatives in these cases may be predominantly minority, live in poverty, and face disproportionate rates of incarceration.

Attorneys representing families involved in the child protection services system need to be aware of and sensitive to the unique issues and needs their clients struggle with.

Milwaukee 53206

The award-winning documentary, Milwaukee 53206,…
Continue Reading Lessons for Guardians ad Litem from 'Milwaukee 53206'