'CRACK KID' HOME TO MOM

A family court judge yesterday ruled the mother of an alleged crack
mule can have her kids back -- an order which was appealed and will be
fought by provincial lawyers today.

Family court judge Ted Carruthers denied Alberta Justice lawyer Todd
LaRochelle's bid for a three-month temporary guardianship order and
ruled the mother should get the children back under strict
supervision.

But before the order could be enforced, LaRochelle and Richard
O'Gorman -- the court-appointed lawyer for the children -- were
granted a stay of the ruling by Justice Brian Mahoney at Court of
Queen's Bench.

The province seized guardianship of the three children from the mother
Aug. 23 when her seven-year-old boy was caught with $300 worth of
crack in his pocket.

Cops say he was acting as a "mule" for Kieng Nhuan Tran, 26, who faces
charges after allegedly being nabbed with drugs during the bust. The
boy's father allegedly sold cocaine to an undercover cop Aug. 26 and
has been charged with trafficking and possession of property obtained
by crime.

O'Gorman argued more investigation is needed before the children are
returned to their mother.

"Either the mother is incapable of appreciating the dangerous
situation she's placing her children in or she doesn't care," he said.

Testifying earlier this month, Const. Sean Chu said the mother was
selling drugs, according to a "confidential informant."

But the mother's lawyer, Austin Nguyen, challenged that, saying he had
"no informant to cross-examine."

In his ruling, Carruthers said "there are a number of concerns,"
including evidence of drugs being found in the home, but found no
fault with the care the kids received from their mother. Under the
supervision order, the mother is required to maintain a residence
separate from her husband and Tran, live with an in-home support
worker, abstain from drugs and alcohol, undergo random drug tests, and
provide Alberta Children's Services with access to her home.

O'Gorman and LaRochelle return to court this morning to keep the
children in the province's custody and appeal the supervision order.