Pubdate: Thu, 25 Dec 2003
Source: Gainesville Sun, The (FL)
Copyright: 2003 The Gainesville Sun
Contact:  http://www.sunone.com/
Details: http://www.mapinc.org/media/163
Author: The Associated Press
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

MIAMI APPEALS COURT GIVES CUSTODY BACK TO COCAINE-SMUGGLING MOM

MIAMI --Swallowing capsules to smuggle cocaine into the country was not 
enough reason for a woman to lose custody over her four children, an 
appeals court ruled.

The 3rd District Court of Appeal overturned a Department of Children & 
Families motion to have the mother's parental rights terminated because of 
"egregious conduct," which had been granted by Circuit Judge Scott M. 
Bernstein.

The five-page opinion said despite the woman having had her 2-year-old 
daughter with her when she was arrested at Miami International Airport, 
"the Department did not produce competent, substantial evidence of specific 
harm to the children." The woman was identified only as P.S. in the 
proceedings.

The woman, who pleaded guilty to conspiracy to import 500 grams of cocaine, 
was sentenced to thirty months in federal prison and expects to be released 
in six months, according to the opinion.

"We do not condone such behavior and strongly emphasize that exposing a 
child to criminal activity is clearly not appropriate," the court said in 
Wednesday's opinion. "However, the fact that the mother was arrested, in of 
itself, is not sufficient to justify an expedited termination of parental 
rights."

Attorney Ilene Herscher said she was looking forward to sharing the ruling 
with her client.

"I'm sure this will be very good news for her," she said. "Hopefully, 
she'll learn from her mistakes."

DCF spokesman Bill Spann said the department had not yet decided whether to 
appeal.

"We are aware of the ruling. We are reviewing it, and we will determine 
what if any action will be taken," he said.
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MAP posted-by: Terry Liittschwager