Pubdate: Sat, 14 Mar 1998
Source: Milwaukee Journal Sentinel
Author: Lisa Sink of the Journal Sentinel staff
Contact:   (414) 224-8280
Website: http://www.jsonline.com/

'COCAINE MOM' LOSES CUSTODY PLEA

Judge Refuses To Return Parental Rights To Woman Who Gave Up Son Last Year

Waukesha -- A judge Friday shot down an attempt by the Waukesha County
"cocaine mom" to regain custody of her 2 1/2-year-old son and ruled that
the woman fully understood what she was doing last year when she renounced
her parental rights.

The woman, 26, is appealing the termination of her parental rights to the
boy, who was the focus of a controversial detention of the woman before he
was born.

The woman -- now seven months pregnant -- is arguing that she never wanted
to give up her son and that she was pressured into doing so last May by her
then-public defender, Daniel Grable, who she says failed to advise her on
her rights.

But after a daylong hearing Friday, Waukesha County Circuit Judge Kathryn
Foster upheld the termination of the woman's parental rights.

The boy has been in foster care since his birth, and the couple caring for
him has expressed interest in adopting him if the woman loses her appeals.

Friday's hearing came a day after the woman admitted that she had failed a
court-ordered drug test, a violation of bail conditions that could result
in her spending the rest of her pregnancy behind bars.

Revocation of her bail on a drug paraphernalia charge could, in effect,
protect her fetus through most or all of the rest of the pregnancy because
she could be held in jail until her April 29 trial, which will come only
days before her baby is due to be born.

The hearing was ordered by the state Court of Appeals, which now will
review Foster's decision and make a final ruling on the woman's request
that her parental rights be restored. That decision is not expected until
May or June.

The woman -- identified only as Angela to protect the identity of her son
- -- quickly left the courtroom and refused to talk to reporters after
Foster's decision.

As she left the courthouse, Angela lit a cigarette and cursed before
getting into a car and leaving with her appellate attorney, Michael
Yovovich, an assistant state public defender.

Yovovich said that he was disappointed with the judge's ruling.

"That just makes it that much harder to win on appeal," he said. "The
mountain is even higher now."

He said that Angela was "very sad" and "depressed" about the decision.
"I think she senses this may be the end," he said.

The county's attorney was elated about the decision.

The judge found the representations by Grable "to be credible," said
William Domina, assistant county corporation counsel. "She found (Angela's)
testimony to be not credible."

Grable said that he had not coerced Angela into giving up the boy.

"I encouraged her to do the right thing, and I think this was the right
thing," Grable told a reporter. "She wanted to do what was best for the
baby. It was just a hard decision, a decision she would have rather not had
to make. But she understood what she was doing."

Foster closed the hearing to the media, over the objections of an attorney
for the Milwaukee Journal Sentinel. She also did not allow reporters in the
courtroom to hear her final ruling.

James Pepelnjak, the newspaper's attorney, noted that Foster had allowed
print media to attend court hearings in the same case last year.

He said that there was a strong and legitimate public interest in hearing
the facts about Angela's claims that court officials either coerced her
into giving up her rights or failed to properly advise her about the
consequences of her actions.

After the hearing, Foster announced her decision to reporters but did not
field any questions or explain her ruling.

In the fall of 1995, Waukesha County authorities detained Angela in a drug
treatment center to protect her fetus from her cocaine abuse. That case
ignited a national firestorm and resulted in the state Supreme Court ruling
last year that such detentions are illegal, because a fetus is not subject
to the state's child protection laws.

Last year, Angela agreed to terminate her parental rights. Later, however,
she changed her mind and appealed the termination. The state Appeals Court
instructed Foster to hold another hearing in the matter.

Angela was arrested and charged in December with misdemeanor possession of
drug paraphernalia.

A court commissioner released her on a $250 signature bond with conditions
that she not possess or consume any illegal drugs, that she make all court
appearances in the case, and that she not commit any other crimes.

The drug test was ordered in an unrelated Juvenile Court case involving one
of the woman's two older children, who are living with their grandmother.

District Attorney Paul Bucher said that once he reviews the test results,
he could ask a court commissioner to revoke Angela's bail. That could
result in her being jailed or placed in an inpatient drug treatment
facility.