The Crown is appealing a Court of Queen's Bench decision that found former Saskatchewan foster mother Eunice Wudrich not guilty of criminal negligence causing death earlier this month.

The Court of Appeal confirms a statement was filed Tuesday afternoon.

The statement claims Justice Neil Gabrielson "erred at law as to what constitutes wanton or reckless disregard for the life or safety of Evander Lee Daniels."

The 22-month-old boy was one of five foster children living with the Wudrich's when he drowned in a bathtub on June 8, 2010.

In his decision, Gabrielson ruled the Crown did not prove Wudrich knew there was a risk of bodily harm when she left Evander in two inches of bathwater.

A date has not been set for when the appeal will be heard.

bmcadam@rawlco.com

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