WI · jury_instructions
Wis JI-Children 412
CHIPS (Out-of-Home Care Placement): Serious Emotional Damage or Serious Physical Damage [Wis. Stat. § 48.028 (4)(d)1.]
Question _____ of the special verdict asks:
Is continued custody of (child) by (parent) (Indian custodian) likely to result in serious
emotional damage or serious physical damage to (child)?
"Serious emotional damage" means severe harm to a child's psychological or
intellectual functioning. The term "serious emotional damage" includes one or more of the
following characteristics exhibited to a severe degree: anxiety; depression; withdrawal;
outward aggressive behavior; a substantial and observable change in behavior; emotional
response or cognition that is not within the normal range for the child's age and stage of
development.
"Serious physical damage" means severe harm to a child's bodily health or
functioning. The term "serious physical damage" includes injuries which create a substantial
risk of death or which cause serious permanent disfigurement or permanent or protracted loss
or impairment of the function of any bodily member or organ. It also includes frequent
bruising or one or more of the following injuries exhibited to a severe degree: laceration,
fractured bone, burns, internal injury, or bruising.
History
Wis JI-Children 412 (2010). ©2010, 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
0385d2c0e4c706e4eb19495e281fb80991e9cc083ed894b047671f01da0810fc
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