Foster mom found not guilty of criminal negligence in death of toddler

SASKATOON – An Aberdeen area foster mother has been found not guilty of criminal negligence in the death of a toddler. 

Eunice Wudrich, 48, had been charged with criminal negligence causing death after 22-month-old Evander Lee Daniels drowned in a bathtub at the foster home on June 10, 2010 while in her care. 

Justice Neil Gabrielson described the events on that day as “tragic and heartbreaking” in making his ruling. 

During the trial, court heard that Wudrich and her husband were fostering five children under the age of four along with parenting their nine-year-old daughter. 

There had been a recommendation a maximum of three foster children be placed in their care. 

Court also heard that Wudrich was hearing impaired and didn’t hear water running in the tub until it was brought to her attention by her daughter. 

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The Crown said common sense dictates not to leave a child who can’t fend for themselves in a tub full of water. 

Wudrich’s lawyer, Mark Brayford, argued that it was a tragic mistake and she had a legal obligation to all six children in the house. 

Daniels had been placed into foster care while his mother dealt with depression and his father, Chris Martell, was working in the United States. 

Martell said Daniels had been approved to go back into his mother’s care just before his untimely death. 

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