WI · jury_instructions
Wis JI-Children 307
Abandonment: Left Without Provision for Care
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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