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Updated: Friday, 30 Jul 2010, 5:44 PM CDT
Published : Friday, 30 Jul 2010, 10:53 AM CDT
AUSTIN (KXAN) - Emily McDonald, accused of sickening her child by rubbing feces on her catheter , was taken to jail Friday after a judge ruled that she violated the provisions of her bond by spending time around children.
McDonald, 24, was out on personal recognizance bond since the 2009 arrest and was living in a garage apartment behind her mother's house, according to court statements. Part of the conditions of her bond is that she had no contact with children. Her attempts to get supervised visits with her three young children, all under age 8, have been rejected by a judge. The children live with their biological father.
McDonald is awaiting her trial on charges of injury to a child, which can carry up to a life sentence.
In a home visit on July 20, Child Protective Services worker Christi Waeltz reported that she saw McDonald patting the head of a 3-year-old niece who apparently was spending time in the home. She also saw McDonald's mother, Stephanie Reynolds, holding an infant. The children are Reynold's grandchildren - McDonald's neices and nephews.
Waeltz says she did not know who the children were and did not expect children to be in the home, but saw toys and other items that suggested children had been in the home. Reynolds answered the door and asked questions about why Waeltz was making an unannounced visit, Waeltz said.
Waeltz visited the home because, she told the court, she needed to check on the condition of the home.
Bob Phillips, McDonald's lawyer, argued that her purpose was not to check on whether children were in the home. He also pointed out that CPS knew that children were around the Reynolds home when they were notified of McDonald's living arrangements, and that McDonald didn't seem worried or surprised when she saw the CPS worker in the home.
"It is tough to interpret within the bounds of fairness what no contact means," said Phillips. "Does that mean you have to bury yourself in cave?"
Judge Julie Kocurek says the defense's interpretation of the bond was absurd and the no-contact provision was a strict and clear order that was violated.