Pubdate: Thu, 21 Nov 2002
Source: Calgary Sun, The (CN AB)
Copyright: 2002 The Calgary Sun
Contact:  http://www.fyicalgary.com/calsun.shtml
Details: http://www.mapinc.org/media/67
Author: Kevin Martin

CRACK KIDS GO HOME

The mother of a boy allegedly used as a crack mule must be reunited with 
her kids, a judge ruled yesterday.

Justice Bryan Mahoney refused a child welfare application to keep the 
children in foster care pending an appeal, saying conditions placed on the 
mom should ensure the youngsters' safety.

Mahoney agreed with family court Judge Ted Carruthers that concerns the 
children were being exposed to the drug trade had been addressed.

"As he said, when you cut away the concerns, there is not any evidence that 
(the mother) is involved in the dealing of drugs," Mahoney said of 
Carruthers' Tuesday ruling.

Director of Child Welfare lawyer Todd LaRochelle had sought a stay of 
Carruthers' decision to return the kids to their mom pending a full appeal.

LaRochelle said the department was initially concerned the woman's 
seven-year-old son was being used as a drug courier by a tenant at her home.

But he said after the children were seized, child welfare discovered other 
areas which led them to believe the kids needed department protection.

LaRochelle noted that when the boy was arrested by police, she did nothing 
to stop it.

He also said the parents chose to honour their lease with the tenant rather 
than have their children returned and the mom has continued to associate 
with friends of the former tenant.

The province took custody of the boy and his two younger siblings Aug. 23 
after the child was caught with $300 worth of crack cocaine in his pocket.

Cops said he was acting as a "mule" for Kieng Nhuan Tran, 26, who was 
charged with trafficking.

The boy's father allegedly sold drugs to an undercover officer three days 
later and has also been charged.

But Mahoney said as long as the conditions of Carruthers order are followed 
- -- which includes no contact with the father, or Tran -- the mother should 
get the kids back.

The woman's lawyer, Austin Nguyen, said his client and her three children 
were to have been reunited late last night, or this morning.

"She's very happy, she's waiting for that," he said outside court following 
Mahoney's ruling.

He said the past three months away from their parents have been difficult 
on the siblings.

An in-home assessment to determine if the children are receiving adequate 
care will now be done.
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MAP posted-by: Larry Stevens