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Neighbors disagreed and alerted Fagan that she had drinking problems. They said Rachael and Wendy often wandered unclothed and unfed while Kurth was out cold on the couch. "She was under the influence of something." Helenmary Francis told NEWSWEEK. Kurth blamed her narcolepsy, not liquor, and denied any neglect. But the renewed custody battle prompted the state's social services department to investigate. Records of the inquiry remain sealed. But the social-work supervisor on the case told NEWSWEEK he found no evidence that Kurth was an alcoholic. "She was caring for the children," said the supervisor. "She was doing a good job."

But there are new doubts about her story. Last week Fagan's lawyer released records showing Kurth had two drunken driving convictions in the year before Fagan snatched the children. While Kurth's attorneys have said she voluntarily quit driving because of her narcolepsy, records reveal her license of her license was actually suspended twice for drunken driving. (Kurth's attorneys did not return calls.) Fagan claims the children were in mortal danger, though he had no knowledge back then of the driving incidents.