Wis JI-Children 346B

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 the 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.1 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.

The evidence in this case indicates that (parent) was incarcerated during some of the

periods of time under consideration in this case. Incarceration of a parent does not in itself

establish failure to assume parental responsibility.

In determining whether an incarcerated parent has or does not have a substantial

parental relationship with the child, in addition to the considerations indicated in other parts

of this instruction, you may consider the following factors and all other evidence bearing

on this issue:2

• The reasons for the incarceration; the nature of the underlying criminal behavior;

whether the parent engaged in that behavior knowing that the resultant

incarceration or potential incarceration would prevent or hinder the parent from

assuming his or her parental responsibilities.

• Efforts to establish a substantial parental relationship despite incarceration,

including but not limited to:

- Whether the parent offered to pay child support and the parent’s financial

ability or inability to do so;

- Requests for visitation with the child and, if permitted, the success and quality

of those visits;

- Appropriate efforts to communicate with the child or with those responsible

for the care and welfare of the child; whether any such efforts were prohibited

or impeded by other individuals;

- Requests or absence of requests for information relating to the child’s

education, health and welfare;

- Responsiveness or lack of responsiveness of the parent to efforts, if any, of

others to involve the parent in the life of the child;

- Efforts, or lack of efforts, to enlist available, appropriate family members or

friends in meeting the physical, financial and emotional needs of the child; the

extent and success of any such efforts.

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