CHIPS stands for “Child in Need of Protection or Services.” A CHIPS proceeding is a Wisconsin juvenile-court case in which the court is asked to determine whether a child meets one or more of the circumstances established by Wisconsin law that permit the court to intervene for the child's protection, care, or services.
CHIPS cases are governed primarily by Chapter 48 of the Wisconsin Statutes, commonly called the Children’s Code. Under Wis. Stat. § 48.13, the juvenile court may exercise CHIPS jurisdiction in a variety of circumstances. Depending on the particular statutory ground alleged, a case may involve allegations of abuse or neglect, a parent who is unable or unwilling to provide necessary care, a child who is at substantial risk of abuse or neglect, or other circumstances specifically identified by Wisconsin law.
A CHIPS proceeding is not itself a criminal prosecution against a parent. Its primary focus is the child's welfare and whether court intervention is legally necessary. Nevertheless, a CHIPS case can have significant consequences for parents and children. Depending upon the circumstances, the court may impose conditions on the parents, order services for the family, regulate where the child lives, or temporarily place the child outside a parent's home.
How does a CHIPS case begin?
A CHIPS case generally begins when a petition is filed alleging facts that, if proven, would establish one or more grounds for CHIPS jurisdiction under Wis. Stat. § 48.13. In some cases, a child may already have been taken into temporary physical custody before the petition is filed. When that occurs, Wisconsin law provides procedures and strict time requirements for determining whether continued custody outside the home is appropriate.
The parents and other parties receive notice of the allegations and have an opportunity to respond. Depending upon the circumstances and the stage of the proceeding, parents may have a statutory right to an attorney. The court also appoints a guardian ad litem (GAL) to advocate for the child's best interests.
What happens if the allegations are disputed?
If the allegations necessary to establish CHIPS jurisdiction are contested, the case proceeds to a fact-finding hearing. The purpose of fact-finding is to determine whether the allegations establishing CHIPS jurisdiction have been proven. Depending upon the circumstances and applicable procedural requirements, fact-finding may occur before a judge or jury.
The fact-finding stage is important because the question is not simply whether court involvement might be helpful. The petitioner must establish a statutory basis for the court to exercise CHIPS jurisdiction.
If the required allegations are not proven, the CHIPS petition is generally dismissed. If the allegations are admitted or proven, the case proceeds toward disposition.
What happens after a child is found to be in need of protection or services?
After CHIPS jurisdiction is established, the court conducts a dispositional hearing to determine what orders are appropriate for the child and family. The resulting dispositional order may address such matters as:
where the child will live;
services or treatment for the child or parents;
conditions a parent must satisfy for the child to safely remain in or return to the home;
visitation or contact between the child and family members;
supervision by the responsible county agency; and
other requirements authorized by Wisconsin's Children's Code.
Removal of a child from the home is not an automatic consequence of a CHIPS finding. The appropriate disposition depends upon the circumstances of the individual case and the statutory requirements governing placement and disposition.
Does a CHIPS case terminate parental rights?
No. A CHIPS proceeding does not, by itself, terminate parental rights. Parents ordinarily retain their parental rights while a CHIPS order is in effect, although the exercise of some rights may be affected by the court's orders.
A termination of parental rights, or TPR, is a separate legal proceeding with its own statutory grounds, procedures, and burden of proof. However, prolonged circumstances underlying a CHIPS case can potentially have serious future consequences, including becoming relevant to a later TPR proceeding. For that reason, parents should take CHIPS proceedings, court-ordered conditions, and offered services seriously from the beginning.
Learn more about Termination of Parental Rights (TPR)—>
What is the goal of a CHIPS proceeding?
The Children’s Code emphasizes protecting children while also recognizing the importance of preserving family relationships when that can safely be accomplished. In many CHIPS cases, the objective is to address the conditions that brought the family before the court so that the child can safely remain with, or return to, a parent.
Every CHIPS case is fact-specific. Whether CHIPS jurisdiction exists, what rights the parties possess, and what orders a court may enter depend upon the particular statutory ground alleged and the circumstances of the child and family.
Wisconsin Legal Authorities: Wis. Stat. ch. 48, including §§ 48.13, 48.19–48.21, 48.23, 48.255, 48.30–48.31, and 48.33–48.355.
This information provides a general overview of Wisconsin law and is not legal advice regarding any particular case.