Wis JI-Children 250

The petition in this case alleges that (parent)1 neglects, refuses, or is unable for reasons

other than poverty to provide necessary [care, food, clothing, medical or dental care or

shelter] for (child) so as to seriously endanger (child)’s physical health. Your role as jurors

will be to answer the following question in the special verdict:

1. Did (parent) neglect, refuse, or was (he) (she) unable for reasons other than

poverty to provide necessary [care, food, clothing, medical or dental care or

shelter] for (child) so as to seriously endanger (child)’s physical health?

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

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

“yes.”

Before you may answer this question “yes,” you must be convinced by evidence that

is clear, satisfactory, and convincing, to a reasonable certainty, that the following two

elements have been proved:

First, that (parent) neglected, refused, or was unable for reasons other than poverty to

provide necessary [care, food, clothing, medical or dental care or shelter] for (child).2

Second, that the failure to provide seriously endangered the (child)’s physical health.

The first element requires that you find that (parent)3 failed to provide necessary [care

food, clothing, medical or dental care, or shelter] as a result of neglect, refusal, or inability.

“Neglect” means a failure to provide which is neither intentional nor due to parental

incapacity but rather is due to an inattentive state of mind.

“Refusal” is a willful and intentional failure to provide.

“Inability” means an incapacity on the part of the parent to perceive or to respond

adequately to the needs of the child, but does not include an incapacity which is solely the

result of poverty.4

[“Necessary care” means that care which is vital to the needs and the physical health

of the child. Parents have the right and duty to protect, train, and discipline their children

and supervise their activities. In determining what constitutes necessary care, you may

consider all of the facts and circumstances bearing on the child’s need for care, including

his or her age, physical condition, and special needs.]

The second element requires that the failure to provide [care, food, clothing, medical

or dental care, or shelter] seriously endangered the (child)’s physical health.

“Physical health” refers to bodily health and safety and does not include the mental or

emotional health of the child. The physical health of the child is “seriously endangered” if

the failure to provide creates a significant risk that the child will be seriously harmed or

injured. However, actual harm or injury need not have occurred. In determining whether

the physical health of the child was seriously endangered, you may consider the natural

and probable consequences of the failure to provide. You may also consider the nature of

any possible harm to the child and the level of risk that a particular harm will occur.

SPECIAL VERDICT

1. Did (parent) neglect, refuse or was (he) (she) unable for reasons other than poverty

to provide necessary [care, food, clothing, medical or dental care, or shelter] for

(child) so as to seriously endanger (child)’s physical health?

Answer:__________________

Yes or No