Wis JI-Children 324

The petition in this case alleges that (child) is in continuing need of protection or

services which, is a ground for termination of parental rights. Your role as jurors will be to

answer the following questions in the special verdict.

1. Has (child) been adjudged to be in need of protection or services and placed

outside the home for a cumulative total period of six months or longer pursuant to

one or more court orders containing the termination of parental rights notice

required by law?

If the answer to question 1 is “yes,” answer the following question:

2. Did the ___________ County Department of Social Services make a reasonable

effort to provide the services ordered by the court?

If the answer to question 2 is “yes,” answer the following question:

3. Has (parent) failed to meet the conditions established for the safe return of (child)

to (parent)’s home?

[NOTE: If the child has been placed outside the home for less than 15 of the

most recent 22 months, give the following:

If the answer to question 3 is “yes,” answer the following question:

4. Is there a substantial likelihood that (parent) will not meet these conditions by the

date on which (child) will have been placed outside the home for 15 of the most

recent 22 months, not including any period during which the child was a runaway

from the out-of-home placement or was residing in a trial reunification home?]

Before (child) may be found to be in continuing need of protection or services,

(petitioner) must prove the following (three) (four) elements by evidence that is clear,

satisfactory, and convincing, to a reasonable certainty.

First, that (child) was adjudged to be a child (an unborn child) in need of protection or

services and placed or continued in placement outside the home of (parent) for a cumulative

period of six months or longer pursuant to one or more court orders containing the

termination of parental rights notice required by law. [Add the following language if there

is no dispute as to this element: Because there is no dispute in the evidence to this

question, I have answered this question. My answer has no bearing whatsoever on what

your answer should be to the other questions in the special verdict form.]

Second, that (agency) has made a reasonable effort to provide the services ordered by

the court. “Reasonable effort” means an earnest and conscientious effort to take good faith

steps to provide those services, taking into consideration the characteristics of the parent

or child [or of the expectant mother or child], the level of cooperation of the parent [or

expectant mother], and other relevant circumstances of the case. You may find the agency’s

effort was reasonable even though there were minor or insignificant deviations from the

court’s order. Question 2 of the special verdict addresses this element. [Possible additional

language applicable only in cases where the child has been placed outside the home

less than 15 of the past 22 months, and post-petition evidence has been admitted: In

answering question 2, you may consider all evidence bearing on that question, including

evidence of events and efforts occurring since the filing of the petition on (__________).

Your answer must reflect your finding as of today’s date.]2

Third, that (parent) has failed to meet the conditions established for the safe return of

the child to the home. Question 3 of the special verdict addresses this element. In answering

question 3, you must consider the facts and circumstances as they existed on (__________),

which was the date on which this petition was filed. Your answer must reflect your finding

as of that date.

[NOTE: Add the following paragraph if the child has been placed outside the

home for less than 15 of the most recent 22 months:

Fourth, that there is a substantial likelihood that (parent) will not meet the conditions

for the safe return of (child) by the date on which the child will have been placed outside

the home for 15 of the most recent 22 months, not including any period during which the

child was a runaway from the out-of-home placement or was residing in a trial reunification

home. (Note: If there is no dispute to this date, add: That date will be (________).)

“Substantial likelihood” means that there is a real and significant probability rather than a

mere possibility that (parent) will not meet the conditions for the safe return by that date.

Question 4 of the special verdict addresses this element. In answering question 4, you may

consider all evidence bearing on that question, including evidence of events and conduct

occurring since the filing of the petition on (__________). Your answer must reflect your

finding as of today’s date.]

In determining whether (parent) failed to meet the conditions established for the safe

return of (child) to the home or whether there is a substantial likelihood that (parent) will

not meet the conditions for the safe return of (child) by (__________), you may consider

the following: the length of time (child) has been in placement outside the home; the

number of times (child) has been removed from the home; the parent’s performance in

meeting the conditions for return of the child; the parent’s cooperation with the social

service agency; parental conduct during periods in which (child) had contact with (parent);

and all other evidence presented during this hearing which assists you in making these

determinations.

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. Has (child) been adjudged to be in need of protection or services and placed

outside the home for a cumulative total period of six months or longer pursuant to

one or more court orders containing the termination of parental rights notice

required by law?

Answer:__________________

Yes or No

If the answer to question 1 is “yes,” answer the following question:

2. Did the ___________ County Department of Social Services make a reasonable

effort to provide the services ordered by the court?

Answer:__________________

Yes or No

If the answer to question 2 is “yes,” answer the following question:

3. Has (parent) failed to meet the conditions established for the safe return of (child)

to (parent)’s home?

Answer:__________________

Yes or No

[NOTE: Add the following verdict question if the child has been placed outside

the home for less than 15 of the most recent 22 months:

If the answer to question 3 is “yes,” answer the following question:

4. Is there a substantial likelihood that (parent) will not meet these conditions by the

date on which (child) will have been placed outside the home for 15 of the most

recent 22 months, not including any period during which (child) was a runaway

from the out-of-home placement or was residing in a trial reunification home]?

Answer:__________________

Yes or No]