GROUP HELPING WOMAN REGAIN CUSTODY OF KIDS

DAYTONA BEACH -- A national group dedicated to legalizing marijuana is
helping a Deltona woman attempting to regain custody of her five children.

But the way things stand now, 35-year-old Judy Sherer won't be
spending Christmas with her children, who have been in state custody
since November.

The Cannabis Action Network, based in Berkely, Calif., joined Sherer
in family court this week in a legal battle with the Department of
Children and Families over marijuana use, child custody and
constitutional rights.

The group typically helps defend people on issues related to improper
searches and unlawful drug tests. This time, they're fighting in
family court.

Sherer's battle started in September when the DCF received anonymous
tips that the single mother was using marijuana, and her children had
been abused by a couple who baby-sat for her.

Sherer, an Amtrak Auto Train manager in Sanford, said a DCF
investigator called demanding that she take a drug test. The next day,
she tested positive because she said she was using marijuana to treat
severe migraine headaches.

A circuit court judge immediately ordered Sherer to submit to random
drug tests, mandatory-counseling sessions and to meet with
psychiatrists, DCF investigators and a court-appointed guardian. The
judge also ordered Sherer's children to stay away from the couple
accused of sexual abuse, which Sherer said never happened.

Then, in November, her world came crashing down. She let her children
visit the couple accused of abuse. DCF found out and, not long
afterward, took the children away because she violated the court order.

Sherer argues she was confused by the order because DCF agents had
told her the sexual abuse tips were erroneous.

"I've been treated worse than a sexual offender," said Sherer, whose
children are ages 15 months, 9, 10, 12 and 16.

Local DCF spokeswoman Pat Thigpen said confusion is no
excuse.

"The point is: If a court order is issued, you have to abide by the
court order," Thigpen said.

During court hearings Monday and Wednesday, a therapist, a school
principal and a family learning counselor testified in support of the
state's case that the children aren't ready to go back to Sherer.

Prosecutors argue that additional therapy for Sherer and the children,
in addition to parenting and disciplining classes for Sherer, will be
in the best interest of the family.

By Wednesday afternoon, the state had not presented its entire case.
Judge Julianne Piggotte is expected to reconvene the hearings in January.

Thigpen said the judge will have to decide whether reunifying the
family "is going to cause the children substantial harm or put them at
risk."

Kevin Aplin, a co-founder of the Cannabis Action Network, said
Sherer's rights were violated long ago when DCF workers failed to
obtain a court order for the drug test. In addition, he said Sherer
was never given information detailing her rights such as having an
attorney present during interviews with DCF agents.

"We're now seeing child investigators use the war on drugs' to break
up families," said Aplin, who is helping Orlando attorney Robert Dowd
Jr. present the defense side of the case.

Thigpen said she is not allowed to speak on any pending DCF cases but
insisted investigators followed the rules.

"We are very careful about trying to ensure that all parties are
informed of what needs to be done," she said.