'COCAINE MOM' DEFEATED IN STATE APPEALS COURT

Waukesha -- A state Appeals Court on Wednesday upheld the termination of
parental rights of the Waukesha woman known as the "cocaine mom" to a son
she delivered in 1995, clearing the way for the boy's adoption.

The ruling drew praise from county officials and criticism from the woman's
mother, who urged her daughter to appeal to the state Supreme Court.

But the woman's attorney, Michael Yovovich, said the ruling was "fairly
well insulated" from further review.

Yovovich and Waukesha County Assistant Corporation Counsel William Domina
agreed that it was unlikely the state Supreme Court would hear the case
involving the woman, referred to only as Angela to protect the identity of
her children.

"Oh, good news!" Jill Vento, the boy's court-appointed legal guardian, said
when a reporter told her of the decision. "Now this little boy can proceed
with being adopted (and) this phase of this life can be closed."

Domina said: "Termination isn't the greatest thing in the world, but it
does allow for hope (that the boy) can have stability and love and grow as
a productive member of society. I feel good about being part of that."

Yovovich said: "I'm disappointed, but it's not unexpected. The way it's
(the decision) written almost guarantees that it won't be appealed."

He added, "It's going to be disappointing for Angela."

In the fall of 1995, 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's ruling last
year that such detentions are illegal because a fetus is not subject to the
state's child protection laws.

The case prompted a law that was enacted earlier this month. The law gives
judges the authority to order drug-abusing women into treatment to protect
their fetuses.

Angela's son, who will be 3 in September, has been living since January
1997 with foster parents who want to adopt him.

Domina said that if the boy's mother didn't appeal within 30 days, the
state would begin adoption proceedings.

Vento said the boy has "thrived" and shown no evidence of injury from his
mother's cocaine abuse.

"He's just wonderful," Vento said. "He's already had a cute little smile
and still does. His speech is on track, and his gross motor skills are
fine. He's learning to walk and climb."

Angela initially lost her rights to her son in June 1997 after she did not
contest the termination of her parental rights.

At the time, county officials had argued that Angela, now 26, had failed to
meet almost every condition that had been set for her to regain custody of
her child.

They said Angela failed to remain drug-free, attend drug treatment or
obtain adequate housing. She continued to test positive for cocaine and did
not visit her son for months at a time, they argued.

Angela originally waived her right to contest the grounds for termination,
then failed to appear for the hearing at which her rights were terminated.
She said she had overslept.

She later appealed the termination on the basis that she didn't understand
what she was doing when she waived her rights.

The Appeals Court earlier ordered Waukesha County Circuit Judge Kathryn
Foster to hold a full hearing on the termination issue. After the hearing,
Foster in March upheld the termination of the woman's parental rights.

The Appeals Court then reviewed Foster's final ruling.

The panel ruled that Angela did understand her rights.

"The trial court questioned Angela carefully," the judges wrote. "Her
decision not to contest the grounds for termination was both knowing and
voluntary.

"Angela was not uninformed about her options. However, she was unable to
make any significant progress toward meeting the conditions for return (of
her son), and her inability to maintain a drug- and alcohol-free lifestyle
then hampered her progress in other areas."

Angela could not be reached for comment Wednesday. She lives at an
inpatient residential treatment center, where a judge this month ordered
her to remain for the next six to nine months. That judge also placed her
on probation in a drug paraphernalia case.

She voluntarily entered the facility in April, just days before a judge was
to order her there for violating her bail in an earlier drug paraphernalia
case. She violated the conditions of her bail by testing positive for
cocaine.

At the time, Angela was eight months pregnant. She has since delivered
another boy, who is living with her at the center.

Angela's mother, who is caring for Angela's two older sons, said the
Appeals Court decision disappointed her.

"I think it's a so-called rotten deal," she said. "I think she should put
up a big fight. She shouldn't give up because these welfare people are
wrong."

The woman argued that her daughter was working to become a better parent.

"She's doing the best she can," she said.