Wis JI-Children 314

The petition in this case alleges that (child) has been abandoned, which is a ground

for termination of parental rights. Your role as jurors in this case will be to complete the

special verdict form which consists of seven questions.

Questions 1, 2, and 3 read as follows:

1. Was (child) left by (parent) with a relative or other person?

Answer question 2 only if the answer to question 1 is "yes."

2. Did (parent) know, or could (he) (she) have discovered, (child)'s whereabouts?

Answer question 3 only if the answer to question 2 is "yes."

3. Did (parent) fail to visit or communicate with (child) for a period of 6 months

or longer?

As to these three questions, the petitioner, (_____________________________),

must convince you by evidence that is clear, satisfactory, and convincing, to a reasonable

certainty, that your answer to each of the three questions should be "yes."

Before you may answer question 1 "yes," the (petitioner) must prove that (child)

has been left by (parent) with another person, including the other parent or another

relative. The phrase "has been left by (parent) with another person" means any

circumstance in which the child resides apart from (parent) and with the other person,

(including instances in which the child resides there pursuant to a court order). 1

Before you may answer question 2 "yes," (petitioner) must prove that (parent)

knew or could have discovered the whereabouts of (child). A parent "could have

discovered the whereabouts of the child" if, through reasonable efforts by that parent,

(he) (she) would have discovered the location where the child resided or could be

contacted.

Before you may answer question 3 "yes," the petitioner must prove that (parent)

failed to visit or communicate with (child) for a period of 6 months or longer. This

means that (parent) did not visit and did not communicate with (child) for 6 months or

longer. Incidental contact between (parent) and (child) does not prevent you from finding

that (he) (she) failed to visit or communicate for the required period. "Incidental contact"

means insignificant contact or contact which occurred merely by chance. In calculating

the period during which visitation did not occur, you should not include any periods

during which the (parent) was prohibited by judicial order from visiting with (child). In

calculating any period during which communication did not occur, you should not

include any period during which (parent) was prohibited by judicial order from

communicating with (child).

If the answers to questions 1 through 3 are "yes," abandonment has been

established unless (parent) proves certain facts. Questions 4 through 7 of the special

verdict address these facts and read as follows:

Questions 4-7 apply to the period of six months or longer as determined in

question 3.

Answer question 4 only if the answer to question 3 is "yes."

4. Did (parent) have good cause for having failed to visit with (child) during that

period?

Answer question 5 only if the answer to question 4 is "yes."

5. Did (parent) have good cause for having failed to communicate with (child)

during that period?

Answer question 6 only if the answer to question 5 is "yes."

6. Did (parent) communicate about (child) with the (person) (persons) who had

physical custody of the child during that period?

Answer question 7 only if the answer to question 6 is "no."

7. Did (parent) have good cause for having failed to communicate about (child)

with the (person) (persons) having physical custody during that period?

(Parent) has the burden of satisfying you by the greater weight of the credible

evidence, to a reasonable certainty, that your answer to questions 4 through 7 should be

"yes." 2

In determining if good cause existed as stated in questions 4, 5, and 7, you may

consider whether (child)'s age or condition would have rendered any communication

meaningless; whether (parent) had a reasonable opportunity to visit or communicate with

(child) or communicate with (__________), who had physical custody of (child);

attempts to contact (child); whether the person(s) with physical custody of (child)

prevented or interfered with efforts by (parent) to visit or communicate with (child); any

other factors beyond the parents control which precluded or interfered with visitation or

communication; and all other evidence presented at this trial on this issue.

BURDEN OF PROOF

I want to emphasize to you that as to questions 1 through 3, the burden is on

(petitioner) to convince you by evidence that is clear, satisfactory, and convincing, to a

reasonable certainty, that your answer should be "yes." If it becomes necessary for you to

answer questions 4 through 7, the burden is on (parent) to convince you by the greater

weight of the credible evidence, to a reasonable certainty, that your answer should

be "yes."

Clear, satisfactory, and convincing evidence is evidence which when weighed

against that opposed to it clearly has more convincing power. It is evidence which

satisfies and convinces you that "yes" should be the answer because of its greater weight

and clear convincing power. This burden of proof is known as the "middle burden." The

evidence required to meet this burden of proof must be more convincing than merely the

greater weight of the credible evidence, but may be less than beyond a reasonable doubt.

The greater weight of the credible evidence means that the evidence in favor of a

"yes" answer has more convincing power than the evidence opposed to it. Credible

evidence means evidence you believe in light of reason and common sense. "Reasonable

certainty" means that you are persuaded based upon a rational consideration of the

evidence. Absolute certainty is not required, but a guess is not enough to meet the burden

of proof.

SPECIAL VERDICT

1. Was (child) left by (parent) with a relative or other person?

Answer:__________________

Yes or No

Answer question 2 only if the answer to question 1 is "yes."

2. Did (parent) know, or could (he) (she) have discovered, (child)'s whereabouts?

Answer:__________________

Yes or No

Answer question 3 only if the answer to question 2 is "yes."

3. Did (parent) fail to visit or communicate with (child) for a period of 6 months

or longer?

Answer: __________________

Yes or No

Questions 4-7 apply to the period of six months or longer as determined in

question 3.

Answer question 4 only if the answer to question 3 is "yes."

4. Did (parent) have good cause for having failed to visit with (child) during that

period?

Answer:__________________

Yes or No

Answer question 5 only if the answer to question 4 is "yes."

5. Did (parent) have good cause for having failed to communicate with (child)

during that period?

Answer:__________________

Yes or No

Answer question 6 only if the answer to question 5 is "yes."

6. Did (parent) communicate about (child) with the (person) (persons) who had

physical custody of the child during that period?

Answer:__________________

Yes or No

Answer question 7 only if the answer to question 6 is "no."

7. Did (parent) have good cause for having failed to communicate about (child)

with the (person) (persons) having physical custody during that period?

Answer:__________________

Yes or No