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WI · jury_instructions

Wis JI-Children 346

Failure to Assume Parental Responsibility

activein force · 2018-01-01 – presentas-observed

The petition in this case alleges that (parent) has failed to assume parental

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

to answer the following question in the special verdict:

1. Has (parent) failed to assume parental responsibility for (child)?

To establish a failure to assume parental responsibility, (petitioner) must prove by

evidence that is clear, satisfactory, and convincing, to a reasonable certainty, that the parent

or the (person) (or) (persons) who may be the parent of (child) (has) (have) not had a

substantial parental relationship with (child.)

The term "substantial parental relationship" means the acceptance and exercise of

significant responsibility for the daily supervision, education, protection, and care of (child).

Substantial parental relationship is assessed based on the totality of the circumstances

throughout the child's entire life. In evaluating whether (parent) has had a substantial parental

relationship with (child), you may consider factors, including, but not limited to, whether

(parent) has expressed concern for or interest in the support, care, or well-being of (child),

whether (parent) has neglected or refused to provide care or support for the child, whether

(parent) exposed the child to a hazardous living environment, whether, with respect to a

person who is or may be the father of the child, the person has expressed concern for or

interest in the support, care, or well-being of the mother during her pregnancy, and all other

evidence bearing on that issue which assists you in making this determination. You may

consider the reasons for the parent's lack of involvement when you assess all of the

circumstances throughout the child's entire life.

Before you may answer the special verdict question "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) failed to assume parental responsibility for (child)?

Answer:__________________

Yes or No

History

Wis JI-Children 346 (2018). ©2018, 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
b1fa2b70ee003d398f3b3c416a8017d295c3e55fc9a9bc4685a02a5e2087af34
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