Wis JI-Children 222

The petition in this case alleges that (child) is in need of the protection or services of

the court because (he) (she) is at substantial risk of becoming the victim of abuse. Your role

as jurors will be to answer the following questions in the special verdict:

1. Does reliable and credible information exist that another child in the home of

(child) has been the victim of abuse?

If the answer to question 1 is "yes," answer question 2:

2. Is (child) at substantial risk of becoming the victim of abuse?

The burden 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."

In answering the questions in the special verdict, you should apply the following

meanings to the terms and phrases in those questions.

"Reliable information" means information which is accurate, trustworthy, and

dependable. "Credible information" means information which in the light of reason and

common sense is worthy of belief.

Information may be reliable and credible even though it may not establish the identity

of the alleged abuser of another child. In other words, you may be convinced that reliable and

credible information exists that another child has been the victim of abuse in the home of

(child) even though the information does not establish who committed the abuse.

"Another child in the home" means someone under the age of 18, not (child), who

resides or resided in the home of (child) either permanently or temporarily. The other child

does not have to be related to (child). In answering question 1, you must consider the facts

and circumstances at they existed on (_________________), which was the date on which

this petition was filed. Your answer must reflect your finding as of that date.

"Substantial risk" means that a significant and appreciable threat of abuse exists. 1 [In

assessing the seriousness of the risk, among the factors you may consider are: (1) the nature

and severity of the abuse to the other child in the home; (2) the similarity of (the subject

child) to the abused child, with regard to age, sex, size, health, and intelligence; (3) the

similarity or dissimilarity of (the subject child) to the abused child by way of relationship or

position of favor or disfavor in relation to the alleged abuser; and (4) any changes which have

occurred in the home since the prior abuse.] In answering question 2, you may consider all

evidence bearing on that question, including evidence of events and conduct occurring since

the filing of the petition on (________________). Your answer must reflect your finding as

of today's date. 2

In this case, "abuse" means physical injury which is intentionally or recklessly

inflicted on a child, including injury which is self-inflicted. 3 "Intentionally" means that the

person who causes the physical injury had the purpose to cause physical injury or was aware

that his or her conduct was practically certain to cause that result. "Recklessly" means that

the physical injury was caused by conduct which creates an unreasonable risk of harm to the

child and demonstrates a conscious disregard for the safety of the child. Abuse does not

include physical injury which is inflicted by accident.

"Physical injury" includes, but is not limited to, lacerations, fractured bones, burns,

internal injuries, and severe or frequent bruising. It also includes bodily injury which creates

a substantial risk of death, or which causes serious permanent disfigurement, or which causes

a permanent or protracted loss or impairment of the function of any bodily member or organ

or other serious bodily injury. 4

If you are convinced by evidence that is clear, satisfactory, and convincing, to a

reasonable certainty, that reliable and credible information exists that another child in the

home of (child) has been the victim of abuse, you should answer question 1 in the special

verdict "yes." If you are not so convinced, you must answer question 1 "no."

If you are convinced by evidence that is clear, satisfactory, and convincing, to a

reasonable certainty, based upon that information, that (child) is at substantial risk of

becoming a victim of abuse, you should answer question 2 of the special verdict "yes." If you

are not so convinced, you must answer question 2 "no."

SPECIAL VERDICT

1. Does reliable and credible information exist that another child in the home of

(child) has been the victim of abuse?

Answer:__________________

Yes or No

If the answer to question 1 is "yes," answer question 2:

2. Is (child) at substantial risk of becoming the victim of abuse?

Answer:__________________

Yes or No