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.