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WI · jury_instructions

Wis JI-Children 307

Abandonment: Left Without Provision for Care

activein force · 2009-01-01 – presentas-observed

The petition in this case alleges that on (date) (parent) abandoned (child) by leaving

(him) (her) without providing for (his) (her) care or support in a place or manner that exposed

the child to a substantial risk of either great bodily harm or death. This is a ground for

termination of parental rights. Your role as jurors will be to answer the following questions in

the special verdict:

1. On (__________), was (child) left by (parent) without provision for the child's

care or support?

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

2. Was (child) left by (parent) in a (place) (manner) that exposed the child to a substantial risk of either great bodily harm or death?

Before (child) may be found to have been abandoned, (petitioner) must prove the

following two elements by evidence that is clear, satisfactory, and convincing to a reasonable

certainty.

First, that (child) was left by (parent) without provision for the child's care or support.

This means that (parent) physically removed (himself) (herself) from the child under

circumstances which demonstrated that (he) (she) was relinquishing parental responsibility

for the child and that the parent failed to provide for the child's care and support. Question 1

of the special verdict addresses this element.

Second, that (child) was left by (parent) in a place or manner that exposed the child to

a substantial risk of either great bodily harm or death. "Substantial risk" means a threat which

is significant and appreciable. "Great bodily harm" means serious bodily injury. Question 2

of the special verdict addresses this element.

Before you may answer any 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. On (__________), was (child) left by (parent) without provision for the child's care

or support?

Answer:__________________

Yes or No

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

2. Was (child) left by (parent) in a (place) (manner) that exposed the child to a

substantial risk of either great bodily harm or death?

Answer:__________________

Yes or No

History

Wis JI-Children 307 (2009). ©2009, Regents, Univ. of Wis. Prepared by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
933f22b87e2a4a810a6614c08b724290d9696b287d2b48ba2ff83a0865e53850
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