Wis JI-Children 233

The petition in this case alleges that (child who is the subject of the petition) is in need

of special treatment or care and (parent) (guardian) (legal custodian) (is) (unwilling)

(neglecting) (unable or in need of assistance) to provide that special treatment or care. Your

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

1. Is (child who is the subject of the petition) in need of special treatment or care?

2. Is (parent) (guardian) (legal custodian) (unwilling) (neglecting) or (unable or in

need of assistance) to provide that special treatment or care?

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."

"Special treatment or care" means professional services which need to be provided to

(child) or (child)'s family to protect the well-being of (child), to prevent placement of the

child outside of the home, or to meet the special needs of (child). This term includes, but is

not limited to, medical, psychological, or psychiatric treatment; alcohol or other drug abuse

treatment; or other services that are necessary and appropriate.

"Unwilling" means a willful and intentional failure to provide. "Neglecting" means a

failure to provide that is neither intentional nor due to incapacity but rather is due to an

inattentive state of mind. "Unable or needs assistance to provide" means that (parent)

(guardian) (legal custodian) is unable to provide the special treatment or care necessary to

meet the needs of (child) despite reasonable efforts of (parent) (guardian) (legal custodian).

In making this determination, you may consider all facts and circumstances bearing on

(child)'s need for special treatment or care and (parent)'s (guardian)'s (legal custodian)'s

ability to provide that care.

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

reasonable certainty, that (parent) (guardian) (legal custodian) is (unwilling) (neglecting)

(unable or in need of assistance) to provide special treatment or care for (child), you should

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

SPECIAL VERDICT

1. Is (child who is the subject of the petition) in need of special treatment or care?

Answer:__________________

Yes or No

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

2. Is (parent) (guardian) (legal custodian) (unwilling) (neglecting) or (unable or in

need of assistance) to provide that special treatment or care?

Answer:__________________

Yes or No