Wis JI-Children 340

Child abuse is a ground for the termination of parental rights. Your role as jurors will

be to answer the following questions in the special verdict.

1. Has (parent) caused the (death) (injury) of a child, as a result of which, (parent)

was convicted of a felony?

2. Has (parent) exhibited a pattern of (physically) (sexually) abusive behavior which

is a substantial threat to the health of (child)?

Before this ground may be established, (petitioner) must prove the following two

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

First, that (parent) has caused (the death) (the injury) of a child, and as a result of that

(death) (injury), (parent) was convicted of a felony. 1 Question 1 of the special verdict

addresses this element. [I have answered this question in the special verdict. The fact that I

have answered question 1 "yes" should have no bearing on what your answer should be to

question 2.]

Second, that (parent) has exhibited a pattern of (physically) (or) (sexually) abusive

behavior which is a substantial threat to the health of (child). Question 2 of the special

verdict addresses this element.

"Abusive behavior," as that term is used in the second element, means any conduct by

(parent) which causes abuse to another person. A "pattern of abusive behavior" requires more

than a single instance of abusive behavior. In determining whether a pattern has been shown,

you may consider the number and frequency of incidents, the nature of the parent's behavior,

the nature and seriousness of any injuries, and all of the circumstances surrounding any

incidents of abusive behavior.

While it is not required that the abusive behavior be directed at (child), it is required

that the pattern of abusive behavior constitutes a substantial threat to the health of (child).

"Health" includes physical, emotional, or mental health.

[For cases involving allegations of physical abuse to a child, give the following:

"Abuse" means physical injury which is intentionally or recklessly caused by another

person. "Intentionally" means that the person who causes the physical abuse has the purpose

to cause physical abuse or is aware that his or her conduct is practically certain to cause that

result. "Recklessly" means conduct which creates a situation of unreasonable risk of harm to

and demonstrates a conscious disregard for the safety of another. "Abuse" does not include

injury which is inflicted by accident.

"Physical injury" includes but is not limited to lacerations, fractured bones, burns,

internal injuries, severe or frequent bruising. It also includes bodily injury which creates a

substantial risk of death or which causes serious permanent disfigurement or which causes a

permanent or protracted loss or impairment of the function of any bodily member or organ or

other serious bodily injury.] 2

[For cases involving allegations of sexual abuse to a child, give the following:

"Abuse" means that a child has been subjected to (sexual intercourse) (sexual contact)

(exploitation) (exposure of genitals) (forced viewing of sexual activity) (prostitution).

(Add relevant definition(s) from Wis JI-Children 217, 218, 218A, 218B, 218C,

218D, or 219.)] 3

Before you may answer either of the questions 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 (parent) caused the (death) (injury) of a child, as a result of which, (parent)

was convicted of a felony?

Answer:__________________

Yes or No

2. Has (parent) exhibited a pattern of (physically) (sexually) abusive behavior which

is a substantial threat to the health of (child)?

Answer:__________________

Yes or No