MARIJUANA AND MOM

All right, so supermom Claire Huxtable on "The Cosby Show" never took to
the master bedroom to puff pot. But the Summit County Children Services
Board needed more evidence than a penchant for marijuana to snatch four
children away from an otherwise dedicated Akron mother.

The 9th District Ohio Court of Appeals came to the same conclusion recently
when it ruled that children services erred in removing Teresa Scott's kids
from her home in 2001 because she used marijuana.

The four children, who range in age from 8 to 15, now live with relatives.

This is a troubling case for the court and for society, because we
rightfully hold parents to a high standard. Ideally, they should never be
impaired, whether by illegal or legal substances. But how many good parents
always meet that standard?

Still, it's easy to think of any number of dangers - fire, flood, crazed
kidnapper - where a sober, alert parent could save a child's life. So, it's
good that Scott has enrolled in counseling and is trying to get clean.

No disaster occurred in this case. Scott simply told authorities that she
smoked marijuana regularly in her home "outside the presence of her
children." That was enough damning information, the county decided, to
remove the kids. Their decision was rash and unwarranted because it was not
in the children's best interest.

Scott seemingly was a responsible mother in every other way, including
paying her rent and utility bills. No marijuana or drug paraphernalia were
found in the house. The children "were clean, healthy, attended school and
were apparently good students," according to the court.

So the county was faced with forming a rock-hard case out of a pile of
lint. Yet it persisted. A grievous injustice would have been done if Scott
had lost her children based on the known evidence.

A caseworker testified there was no evidence that marijuana affected
Scott's parenting, noted appellate Judges Donna Carr and William
Batchelder. The county cited a fire started by one of Scott's children
seven years ago, although it did not take away her children at the time.

Still, hold off on giving her the Mother of the Year award. Scott is a good
parent, but surely she'd be a better one if she didn't get high every day.

The case returns to Akron Juvenile Court., where Judge Linda Tucci Teodosio
will decide on the custody of the children, taking into account the appeals
court's decision and Scott's diligence in drug counseling.

The judge has much authority and should prod Scott to break the habit. But
Teodosio should not use Scott's most glaring flaw as a smokescreen to keep
her children from her.