BABY HAD CRACK IN SYSTEM PARENTS DENIED CUSTODY

Two-Year-Old Child Remains In Foster Care

THE parents of a baby found with crack cocaine in his system have not
regained custody of the boy despite having criminal charges stayed
against them.

Defence lawyer Bruce Bonney told the Free Press this week the child,
now aged two, remains in foster care through Child and Family Services.

His client, the boy's 22-year-old mother, was cleared earlier this
year of criminal negligence causing bodily harm and failing to provide
necessities of life.

The woman, along with the child's 34-year-old father, were charged in
the summer of 2002 with a disturbing incident that came to light after
their six-week-old son stopped breathing inside their East Kildonan
home.

He survived his medical scare, but toxicology tests revealed the baby
had become the most innocent victim of Winnipeg's emerging crack
cocaine problem.

Traces of the highly addictive drug were found in the boy's system,
although the exact amount couldn't be determined. Police and medical
officials say the cocaine levels in the baby weren't caused by
exposure in the womb. Police believed there was "rampant" drug use
going on in the home at the time and that it was possible the cocaine
exposure came from vapours in the air.

But Dr. Charlie Ferguson of the Child Protection Centre said it's
doubtful the boy's condition was caused by second-hand crack cocaine
smoke, and it's more likely he somehow ingested the drug in its powder
form.

He said the baby likely won't suffer any long-term effects from the
exposure. Ferguson added the case was believed to be the first of its
kind in Winnipeg, although other cases have been seen since involving
newborn babies.

"In the newborn unit, they see (mothers) all the time in various kinds
of withdrawal, whether it's alcohol or drugs or other intoxicants,"
Ferguson told the Free Press yesterday.

Ferguson has even seen a case where an infant born to parents who
sniffed solvents had gasoline in his blood stream.

In this case, the boy's parents rushed him to Children's Hospital and
claimed at the time several other people had been in their home in
recent days and speculated the child may have accidentally been
exposed to cocaine. Bonney said it was that evidence which made it
difficult to prosecute the child's parents.

"The Crown finally realized the parents didn't have exclusive
opportunity," he said.

Bonney noted it was his client who actually asked for the toxicology
test, which goes towards her innocence. The parents were also angry
upon learning of their son's condition and told hospital staff they
wanted to find the culprits who had done that to him.

"She has adamantly denied having any involvement with this from Day
1," he said.

The woman is still under a court order not to have any contact with
the baby's father because of other criminal charges, said Bonney.