Wis JI-Children 342

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) exhibited a pattern of abusive behavior which is a substantial threat to

the health of (child)?

2. Has a child been removed from (parent)'s home pursuant to a court order, after an

adjudication that the child is in need of protection or services because (he) (she) (has

been the victim of abuse) (is at substantial risk of becoming the victim of abuse).

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 exhibited a pattern of abusive behavior which is a substantial

threat to the health of (child). Question 1 of the special verdict addresses this element.

Second, that a child has previously been removed from (parent)'s home pursuant to a

court order after an adjudication that the child is in need of protection or services because

(he) (she) (has been the victim of abuse) (is at substantial risk of becoming the victim of

abuse). The child referred to in this element need not be the same child referred to in the first

element. [Add the following language if there is no dispute as to this element: Because

there is no dispute in the evidence as to this question, I have answered this question.

My answer has no bearing whatsoever on what your answers should be to the other questions

in the special verdict form.]

"Abusive behavior," as that term is used in the first 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

incident 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, 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.

[For cases involving allegations of sexual abuse, 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.)] 1

Before you may answer either of the questions on 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) exhibited a pattern of abusive behavior which is a substantial threat to

the health of (child)?

Answer:__________________

Yes or No

2. Has a child been removed from (parent)'s home pursuant to a court order, after an

adjudication that the child is in need of protection or services because (he) (she) (has

been the victim of abuse) (is at substantial risk of becoming the victim of abuse)?

Answer:__________________

Yes or No