No jail time for mom who took son

A mother who smuggled her ailing baby out of a hospital after disagreeing with doctors about his medical care won't serve jail time if she follows court-ordered conditions, including allowing the treatment of her son she once defied the law to avoid.

Tina Marie Carlsen, 35, apologized to Superior Court Judge Richard Jones on Friday for the expense the state incurred after she snatched her son, Riley Rogers, from Children's Hospital & Regional Medical Center in June as he faced surgery to ready him for kidney dialysis.

"I'm a peaceable person," she told Jones. "I'm not a fighter."

But, she added, she was only doing what she thought was in Riley's best interest.

Carlsen was originally charged with second-degree kidnapping, a felony, which triggered an Amber Alert. At the time, Riley was in state custody because a court determined Carlsen was not acting in Riley's best interests regarding his medical treatment.

The day following the Amber Alert, she and Riley were apprehended, and Carlsen spent six days in jail.

Last month, she agreed to plead guilty to a reduced charge of second-degree custodial interference, a misdemeanor. Her attorney, Michele Shaw, and Deputy Prosecutor Lisa Johnson, for the most part, submitted a joint sentencing recommendation.

Her son, Riley, is living with his father, Todd Rogers. Carlsen is permitted to visit when Rogers is present. Next month, Riley's permanent custody may be decided in Pierce County Superior Court.

Riley, now age 1, is receiving dialysis at Rogers' home and is happy and healthy, Carlsen said.

At Friday's sentencing hearing, Johnson told the judge that prosecutors reduced the charge because they now realize Carlsen's actions were well-meaning, though misguided.

Shaw asked that Carlsen receive a deferred sentence for a year. That would mean if she complies with all conditions her record would stay clear. What Carlsen did, Shaw said, "was the only way she knew to protect [Riley] at the time."

Both sides agreed on the terms, which include following conditions set by the court in the custody action, continuing dialysis appointments regardless of who has custody of Riley, following the recommendations of Child Protective Services and those of a psychological evaluator, committing no criminal violations and paying a $500 victim penalty assessment.

Before sentencing Carlsen, Jones told her that the debate between alternative and standard medical treatment was not an issue for the court to decide.

Rather, she was before the court, Jones said, because she had put her baby in danger by disregarding the doctors, the "trained professionals," and more important, the order of the court.

"The option you took was very risky," Jones told her. "It could have cost Riley his life."

Afterward, Carlsen said she was pleased and was not angry with the medical profession. But, she added, the story is bigger than just herself, Riley and his father.

"It's about all parents and what the state can do to you," she said.

Carol M. Ostrom: 206-464-2249

or costrom@seattletimes.com