Baby lives with mother, father, who also faces drug charges

By Cindy Powers
Published: May 12, 2005

A Redmond mother was sentenced to five years’ probation in Deschutes County Circuit Court Wednesday for causing her baby to ingest methamphetamine through breast milk.

The baby continues to live with her mother and father, according to Deputy District Attorney Victoria Roe. The father is facing drug charges of his own.

Kristy Meialoha Davis, 30, admitted in March that she breast-fed her baby between June 2004 and December 2004, causing the child to ingest methamphetamine.

District Attorney Roe said at the sentencing hearing that the baby’s father reported Davis to authorities in November 2004 for taking drugs while breast-feeding the child. The baby tested positive for cocaine and methamphetamine, Roe said.

Roe told Judge A. Michael Adler that the child was placed with the father, James Travis Hale, 35, of Redmond. Davis is now living with them.

Roe said there was not an open Department of Human Services (DHS) investigation regarding the child as of Wednesday.

According to court records, the child’s father was charged with manufacturing and possession of a controlled substance in January.

Davis’ defense attorney, Angela Lee, said that Davis made no excuse for her actions and acknowledged having a drug problem.

Lee told Adler her client was concerned about her addiction and had asked a doctor if drugs could be present in her breast milk. When she learned of the possibility, Davis pumped breast milk when she was not using, Lee said.

Lee said that DHS did not help Davis or the child’s father get treatment for methamphetamine.

Pat Carey, who oversees Child Protective Services for Deschutes County, could not comment on a specific case. He did say that once a child is placed with a parent who establishes legal custody, his office generally closes the case.

“Unfortunately we have very limited resources,” Carey said. “We would not likely do a follow-up unless we received information that a child was at substantial risk.”

Carey confirmed that DHS did not have an open case for Davis’ child.

Judge Adler advised Davis that the charge against her had a presumptive prison sentence of 16 to 18 months but made a finding that a treatment program would be more effective.

Adler ordered Davis to undergo a substance abuse evaluation and participate in any recommended treatment, have no contact with illegal drugs, submit to urine analyses, participate in a parenting class, and successfully complete any other programs determined appropriate by her probation officer.

Davis is one of three women who have been charged in Deschutes County with this type of offense. She is the second sentenced to a term of probation.

Patricia Diane Burgess, 38, of Bend, was sentenced to three years probation in April for endangering her baby by feeding the newborn breast milk containing methamphetamine.

Mary Lou Cervantes, 19, of Bend, is the third woman charged with causing her child to ingest methamphetamine, via umbilical cord. Her case is scheduled for a hearing in June and a five-day jury trial on Aug. 23.

Cindy Powers  can be reached at 541-617-7812 or at cpowers@bendbulletin.com