Wis JI-Children 212

The petition in this case alleges that the custody of (child) was relinquished by (his)

(her) parent(s). Your role as jurors will be to answer the following questions in the

special verdict:

1. Did (parent) relinquish custody of (child) to a (law enforcement officer)

(emergency medical technician) (hospital staff member) on (date) without

expressing an intent to return for the child?

If the answer to question 1 is “yes,” answer question 2:

2. At the time (he) (she) took custody of (child) on (date), did the (law enforcement

officer) (emergency medical technician) (hospital staff member) reasonably

believe that (child) was 72 hours old or younger?

The burden of proof is on (petitioner) to convince you by evidence that is clear,

satisfactory, and convincing, to a reasonable certainty, that the questions should be

answered “yes.”

The term “relinquish custody” means to give the child to a (law enforcement officer)

(emergency medical technician) (hospital staff member) or leave the child with such a

person. [A parent may relinquish custody directly or with the assistance of (another) (other)

person(s).]

In answering question 1, you should consider whether (parent) made or gave any

verbal or written statement or any other form of expression indicating an intent to return

for (child).

In answering question 2, you should consider the age and appearance of (child) at the

time the (law enforcement officer, emergency medical technician, or hospital staff

member) took (child) into custody. You should also consider any statement made to the

(law enforcement officer, emergency medical technician, or hospital staff member) by the

parent (or person assisting the parent) about the age of the child.

SPECIAL VERDICT

1. Did (parent) relinquish custody of (child) to a (law enforcement officer)

(emergency medical technician) (hospital staff member) on (date) without

expressing an intent to return for the child?

Answer:__________________

Yes or No

If the answer to question 1 is “yes,” answer question 2:

2. At the time (he) (she) took custody of (child) on (date), did the (law enforcement

officer) (emergency medical technician) (hospital staff member) reasonably

believe that (child) was 72 hours old or younger?

Answer:__________________

Yes or No