AUGUSTA (AP) – A judge has ruled that Sally Ann Schofield can retain parental rights to her 4-year-old son while she serves prison time for killing a foster child who was in her care three years ago.

Maine District Court Chief Judge Vendean Vafiades dismissed a child-protective case that was brought against Schofield shortly after the death of 5-year-old Logan Marr.

Schofield is serving a 20-year prison term for manslaughter for the Jan. 31, 2001, death of Marr, who suffocated after Schofield bound her with duct tape and left her alone during a disciplinary timeout.

Vafiades’ ruling means that Schofield’s son will be allowed to visit her in prison and talk to her on the telephone.

Schofield’s lawyer, Jed Davis, said the order means “the state is out of the picture.” He said the decision was made at the state’s request.

“I had no contact with DHS about this decision,” he said. “The motion was made by the state to dismiss the proceeding, and I simply said Sally has no objection to it,” he said.

Davis said that he suspects Schofield’s long prison sentence persuaded state officials to drop their efforts to remove her parental rights. He said Schofield has been upset at her inability to talk with her son, Shaynen, and have him visit her.

State officials declined to comment.

A child protective proceeding against Schofield’s husband, Dean Schofield, was previously dismissed. The couple separated after Schofield’s arrest, but they are still married.

AP-ES-03-30-04 1427EST