A 9-month-old boy found with methamphetamines in his system will remain in the custody of the Division of Child and Family Services until his mother proves she will remain drug-free.

The custody of the boy was determined at a shelter hearing Friday before 3rd District Juvenile Court Judge Sharon McCully.

On Monday, the infant, who was lethargic and vomiting, was rushed to the hospital where doctors used blood tests to determine he had cocaine and meth in his body. Prosecutors said the mother had used both drugs the previous Saturday and Sunday.

The baby has since been discharged from the hospital and is doing fine, according to DCFS officials who testified at the hearing. He has been placed in a DCFS shelter home while officials determine if they should seek permanent custody.

The South Salt Lake mother, however, earned early praise from McCully after the judge learned the woman had checked herself into a drug rehabilitation program while at the hospital with her son.

A counselor from Odyssey House attended the hearing, assuring the court that the woman would comply with random urine tests to determine drug use. At some point the mother and child could enter the agency's program specifically designed for women and children.

The woman will be allowed supervised visits with her child until she can prove that her drug use has ceased, the court ruled. McCully said she wants at least one urine test untainted by drugs before that visitation begins.

"It is commendable that the mother went immediately into treatment," the judge said.

The court, however, will not abandon its process of placing the child with a foster family, which would have the option of adopting the baby, until it becomes clear that the mother has remained drug-free.

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Another hearing is scheduled for next week.

As of Friday, no criminal charges had been filed against the woman or her boyfriend, who was with her when she took her son to St. Mark's Hospital. South Salt Lake police were trying to determine if the infant had found the drugs in the apartment he shared with his mother in the 100 block of Helm Ave. (3645 South). Police said the mother told them the child had been at a baby-sitter's home in the same apartment complex.

Under a pilot program that began Nov. 1, child welfare hearings in the 3rd and 6th district courts are open to the media in an attempt to demystify the role of the courts and DCFS in looking after the needs of abused or neglected children. The program will continue at least through July 2005.


E-MAIL: amyjoi@desnews.com

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