Wis JI-Children 260

The petition in this case alleges that (child) is suffering emotional damage for which

(his) (her) (parent) 1 has neglected, refused, or been unable, for reasons other than poverty, to

obtain necessary treatment or to take necessary steps to ameliorate (child)'s symptoms.2 Your

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

1. As of [the date the petition was filed], was (child) suffering emotional damage?

2. As of [the date the petition was filed], was (parent) failing, 3 for reasons other than

poverty, 4 to obtain necessary treatment or to take necessary steps to ameliorate

(child)'s symptoms.

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."

"Emotional damage" means harm to a child's psychological or intellectual functioning.

"Emotional damage" must be evidenced by one or more of the following characteristics

exhibited to a severe degree: anxiety, depression, withdrawal, outward aggressive behavior,

or a substantial and observable change in behavior, emotional response, or cognition that is

not within the normal range for the child's age and stage of development. 5

In determining whether treatment or steps 6 would "ameliorate" the child's symptoms,

you are to consider whether the treatment or steps would reduce or eliminate the child's

symptoms. 7

A parent failed, for reasons other than poverty, to obtain necessary treatment or to take

necessary steps to ameliorate (his) (her) child's symptoms if the following are established:

1. that there was treatment or were steps that could have been taken to reduce or

eliminate the child's symptoms; 8

2. that the parent was aware of the treatment or the steps and the availability of the

treatment or steps;

3. that the parent failed to provide the treatment or take the steps; and

4. that the parent's failure to provide the treatment or take the steps was

unreasonable and was not due to the financial inability of the parent to afford

the treatment or take the steps.

In determining whether a failure by (parent) was unreasonable, you may consider the

circumstances surrounding a failure to obtain treatment or to take steps, including whether

the treatment or steps are generally accepted in the practice of psychology or psychiatry;

whether the treatment or the taking of these steps carry possible risks or side effects to

(child); 9 and the reduction of symptoms likely to result from the treatment or the taking of the

necessary steps.

Before you may answer either question in the special verdict "yes," you must be

convinced by evidence that is clear, satisfactory, and convincing, to a reasonable certainty,

that the question should be answered "yes." If you are not so convinced, you must answer the

question "no."

SPECIAL VERDICT

1. As of [the date the petition was filed], was (child) suffering emotional damage?

Answer:__________________

Yes or No

2. As of [the date the petition was filed], was (parent) failing, for reasons other than

poverty, to obtain necessary treatment or to take necessary steps to ameliorate (child)'s

symptoms.

Answer:__________________

Yes or No