Woman charged in connection with Baby Grace’s death had history with social services

Sarah Toney was charged with homicide by child abuse last week in connection with the death of her 5-month-old daughter Grace, but it wasn’t the first time the endangerment of her children came to the attention of local or state officials.

Toney was about six months pregnant with “Baby Grace” when she appeared in an Horry County courtroom in March to plead guilty to drug charges. A police report says the drug was a 100 milligram fentanyl patch, and according to the U.S. National Library of Medicine, long-term use can cause life-threatening withdrawal symptoms for newborn babies.

Toney was sentenced to two years in jail for the drug charge, but the term was suspended. Instead, she was placed on probation for one year and ordered to undergo random drug testing and substance abuse counseling. There was no mention of her pregnancy in the drug case court records.

A spokesman for the South Carolina Department of Probation, Parole and Pardon Services cited health privacy laws and declined to say whether Toney complied with urine tests to determine if she was taking drugs while on probation or went to drug counseling.

Whether Toney’s pregnancy was noted during her probationary period is unknown, and the South Carolina Department of Social Services (DSS) will not comment on whether Toney’s pregnancy and drug issues were reported to its agency by health or law enforcement officials.

“Any time you’re pregnant, you would think the first outside agency to know about it would be a hospital or doctor,” said Jimmy Richardson, solicitor for the 15th Circuit. “I would think someone would have picked up on it.

“The information has got to flow from the people who know,” Richardson said. “Hospitals are afraid of (health privacy) violations, but it’s got to get to the department of social services, and that’s not anything that police or prosecutors would know about unless told.

“Sadly enough, that happens quite a bit, people who are pregnant and digest drugs,” Richardson said.

The search for 5-month old Baby Grace lasted three days and captured national headlines. The child’s lifeless body was discovered about 50 yards from where Toney entered the flooded creek in Socastee with the baby on Nov. 3, for reasons still unclear.

Toney appeared in court while the search was ongoing -- initially charged with unlawful conduct towards a child -- and asked that she be released on bond so she could be with her other daughter who is 9 years old.

Prosecutor Scott Hixson with the solicitor’s office stated that domestic orders were still in place prohibiting Toney from having custody of the other daughter, and asked that bond be denied.

Court records disclose that Toney’s older daughter was taken into temporary custody by social services in June 2011, after Toney separated from Patrick Olberg, who is the father of both children.

For that child to be released from social services, Toney consented to give Olberg full custody in November and Toney was allowed supervised visitation, records show.

However, court records show that Toney and Olberg quickly moved back in together, and the child was left in Toney’s care while Olberg went to work each day.

The couple’s relationship lasted until May 2012, after which Olberg denied Toney any form of visitation with their daughter. Toney asked the court in July to grant her joint custody for “equal decision-making rights, responsibilities and authority relating to the health, education and general welfare of the child,” according to court records.

Also in the custody request, Toney asked for child support payments. However, she withdrew both requests in October.

The Department of Social Services declined to comment on the custody case, but a spokeswoman did discuss procedures for reporting pregnant women who are arrested on drug charges.

“Law enforcement should and almost always do,” said Kathleen Goetzman, public information coordinator for social services. “Sometimes we find out a little after the fact, but it should be part of their procedure.”

Peter O’Boyle, spokesman for the South Carolina Department of Probation, Parole and Pardon Services, said that Toney showed up in person for probation appointments, but he declined to discuss her case.

“The only thing we could say is that we’re monitoring the situation, if there are additional convictions, then that would be in violation of her probation,” O’Boyle said.

Asked if she was compliant with her probation requirements, Boyle said, “We are looking at that issue and whether what’s going on now would result in a violation, so I guess the best answer is wait and see.”

Police were called to the Shem Creek Circle neighborhood earlier this month to investigate a report that Toney had gone into the water with the 5-month-old baby. Toney initially told police she took Grace into the creek because the baby was crying, then said she was in the water looking for God, according to the police report.

“(The officer) observed (Toney) to be in emotional distress and exhibited behavior normally associated with the use of methamphetamine (twitching, scratching of skin),” said the incident report filed the day Grace was reported missing. Toney was tested for drugs, but the results have not yet come in, officials said.

Toney was immediately taken into custody on a warrant that was issued July 27 for failing to show up for a court hearing on charges of driving on a suspended license. Her license had been revoked after a previous arrest of driving under the influence. Toney has not been charged with violating parole in connection with her conviction in July.

When Toney was taken into custody the day of Grace’s reported disappearance, she was admitted to a local hospital for observation and tested to determine if she had taken illegal drugs as the officer suspected.

Once jailed at J. Reuben Long Detention Center, Toney was placed under suicide watch, meaning officers checked on her every 15 minutes. Toney was charged with homicide by child abuse Nov. 9, evaluated by a psychiatric doctor, and then transferred to general population.

Staff writer Elizabeth Townsend contributed to this report.

This story was originally published November 14, 2015 at 9:23 AM with the headline "Woman charged in connection with Baby Grace’s death had history with social services."