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CHICAGO, IL -- In horrifying detail, prosecutors described how three children, trapped in the back seat of their mother's car, screamed for help before they drowned in 4 feet of water in an Illinois lake while their mother and her boyfriend escaped unharmed.
Amanda Hamm was convicted of child endangerment and served five years in prison for watching her boyfriend carry out his plot to drown her 6-year-old, 3-year-old and month-old children in because they interfered with the couple's relationship and his sex-and-drugs lifestyle. He was convicted of first-degree murder and is serving a life sentence. Now in a bizarre twist that, in part, tests the legal concept of "anticipatory neglect," Amanda Ware and her new husband are fighting to gain custody of three children - ages 5, 3 and 1 - she had after she left prison.
They were taken away by child protection authorities last year after a doctor recognized Ware as the former Hamm. A Cook County judge on Friday will decide whether to return the children to Amanda and Leo Ware or hold more hearings on long-term placement. The law governing anticipatory neglect holds that if someone has harmed or endangered a child in the past, the court is not required to wait until another child is harmed before intervening, Boyer said, adding that such findings aren't unusual in child welfare cases.
On the other hand, parents cannot be disqualified for custody solely because of their past if they prove that they're a capable parent. But prosecutors and child protection authorities told Judge Demetrius Kottaras last week that, although none of the three living children has been physically harmed, there also is evidence of current abuse and neglect.
That includes domestic violence by Leo Ware against his wife and others, substance abuse and Amanda Ware's failure to follow treatment for mental illness, which created an injurious environment for the children.