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Mother relapses, charged with child neglect

09:24 AM EST on Sunday, December 2, 2007

By Edward Fitzpatrick

Journal Staff Writer

CABRAL

PROVIDENCE — After about 20 months of staying away from drugs, regaining custody of her daughter, finding a job and starting college courses, Tania Cabral has relapsed, and her 2 1/2-year-old daughter has been placed in foster care, according to court and child-protection officials.

In 2006, The Journal ran a seven-part series, “A Mother’s Addiction,” chronicling Tania’s progression from cheerleader to crack addict to drug court participant.

Tania, who is 30, graduated from Rhode Island’s Family Treatment Drug Court in April, and she was living with her daughter, Angelina-Joan, in Providence in transitional housing arranged through Crossroads Rhode Island. She was working as a waitress at the McCormick & Schmick’s Seafood Restaurant in the Providence Biltmore building, and with a federal Pell Grant, she was taking classes at night at the Community College of Rhode Island.

Related links
Extra: A look back on Tania Cabral’s battle to overcome her addiction and keep her daughter
But on Oct. 10, the state’s child-abuse and neglect hot line received a call saying Tania had left her daughter with a friend and never returned, according to court papers filed by the Department of Children, Youth and Families. The caller said the reason for Tania’s absence was clear: She was “off on a crack binge.”

A state child-protection investigator reviewed DCYF records and found that Tania “has an extensive drug history,” that the child’s father, Jason Tench (who is in state prison), “has an extensive domestic violence and drugs history,” and that A.J. had been “placed in relative foster care in the past due to parents’ history,” court records show.

On the day of the hot-line call, child-protection investigator Domenic R. Lancellotta met with Tania’s father and stepmother, Anthony and Terri Cabral. They told the investigator they’d received a call from Tania’s friend, Tanya Monteiro, on Oct. 6, saying Tania had asked her to baby-sit A.J. while Tania went to work. But Tania didn’t come back that night or the next morning, so Monteiro called McCormick & Schmick’s and was told Tania never showed up for work. That afternoon, Monteiro reached Tania by cell phone, and Tania said she was on her way to pick up A.J. But Tania never showed up.

Anthony and Terri Cabral picked up A.J. and eventually contacted Tania, who said she was on her way. But, again, she never showed up.

Terri Cabral told the investigator that she “believes Tania has relapsed and is worried about Angelina’s safety and well-being.” Anthony Cabral said Tania told him, “Dad, I screwed up.”

The next day, Oct. 11, DCYF filed a petition in Family Court accusing Tania of child neglect, saying “the parents have failed to provide said child with a minimum degree of care, supervision or guardianship” and “the mother has abandoned and/or deserted said child.”

Tania was scheduled to appear on Tuesday, Nov. 27, before Family Court Chief Judge Jeremiah S. Jeremiah Jr., but she failed to appear.

Ellen R. Balasco, the lawyer from the Court Appointed Special Advocate program who represents A.J., told the judge that Tania had relapsed and “basically abandoned the child in her own home with the babysitter.” She said Tania’s father took A.J. into his home and gave Tania an opportunity to get back into treatment. “She had two opportunities to do that, and after several days, he contacted DCYF,” she said. “In the meantime, [Tania] contacted me, told me what had transpired, said that her intention was to go into treatment. She had every intention to do the right thing.”

But that was the last time Balasco heard from Tania.

“She got back on cocaine, heroin?” Jeremiah asked.

Balasco said, “She had apparently been smoking crack again.” She said Tania was “was very clearly under the influence” on the last voice mail she left at Balasco’s office.

“Do you know where the mother is?” Jeremiah asked.

“No, we don’t,” said Patricia Patrella, a DCYF lawyer.

Social worker Kelly Petersen said Tania visited A.J. on Oct. 26, and Petersen gave her a list of residential drug-treatment centers. She said Tania called a week later to schedule another visit with A.J., but that was the last time Petersen heard from her. She said Tania lost her transitional housing on Nov. 11.

“Where is the child?” Jeremiah asked.

Balasco said, “In non-relative foster care at the current time.” While A.J. had been with Anthony and Terri Cabral, “they were no longer able to keep her as they saw this as a potential long-term situation,” she said.

“Well,” Jeremiah said, “we’re still interested in having the child reunite with the mother, are we not?”

Petersen said, “Yes.”

Balasco said, “As of right now, absolutely, chief.”

“But she has to contact us and get working,” Jeremiah said. He set a new court date of Jan. 15, saying, “If you find her in the meantime, just bring her in.”

During the hearing, Jeremiah called Tania’s phone number from the bench. The phone rang and rang, but no one answered.

After the hearing, Jeremiah said, “A lot of people relapse, but we try again.” He said, “I thought she’d be a success,” but Tania’s relapse shows “no one is invincible.” He said there is still hope.

When asked how many chances Tania will get, Jeremiah said, “I can’t answer that. I would assume if she got better and relapsed again, a TPR [motion to terminate parental rights] might be filed.” He said, “It always bothers me that a person can take drugs over a child.”

Jeremiah said his message to Tania is: “If you would like us to help, we are there to help you.”

David S. Festinger — deputy director of the law and ethics section of the Treatment Research Institute at the University of Pennsylvania — said Tania’s relapse shows how tough it can be to kick an addiction. “Much like diabetes and high blood pressure, drug abuse is a chronic, recidivating disease,” he said.

In 2006, The Journal reported that of those who begin Rhode Island’s Family Treatment Drug Court, 46 percent complete the program, and that rate is not unusual. The Government Accountability Office looked at drug court evaluations across the country and found completion rates ranging from 27 percent to 66 percent.

The fact that someone has relapsed after leaving drug court does not mean that drug courts are ineffective, Festinger said. Drawing a comparison, he said that if you stop taking blood pressure medicine and your blood pressure goes up, that means the medicine worked.

Drug courts, which combine drug treatment and judicial accountability in hopes of reuniting children with their parents, involve an intensive regimen of drug tests and court dates, relapse-prevention classes and counseling.

Festinger said drug courts have proved to be more effective than just locking people up or simply giving them drug treatment. “I do see drug courts as probably the most effective strategy for treating addicted offenders,” he said.

But drug courts are not a panacea, Festinger said. “Drug courts are an excellent way to get people on the road to recovery,” but it often takes “more than a single dose of intervention” to keep them on that road, he said. Some people stay off drugs because of “natural reinforcers” such as improved family relationships and better health, but some require continued support, such as a 12-step program, he said.

“I wouldn’t necessarily be too optimistic about long-term outcomes without some continued care, some continued support,” Festinger said. “What this really points to is the need for more after-care and continued treatment after an individual is no longer under the jurisdiction of a drug court.”

Tania’s relapse also illustrates the sharp changes in direction that have marked her adult life. Less than a week before relapsing, Tania appeared before the state’s Judicial Nominating Commission to speak in support of Denise C. Aiken’s application for a Family Court judgeship. As a Rhode Island Legal Services staff lawyer, Aiken had represented Tania in drug court. Tania told the commission that Aiken had given her “a kick in the butt” when she needed it but had always been supportive. And now, Tania said, “I’m a student and a wonderful mother, I think.”

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