Mom Denied Custody Of Son Injured Under Her, DCF Care
FORT LAUDERDALE (CBS4)- The mother of a one-year-old child appeared in court Wednesday to learn that she will not regain custody of her son who officials said suffered an injury while in her care, and also while in foster care.
Apple Acosta, 23, made an appearance at the Broward Court House with her attorney Jim Lewis in front of General Magistrate Giuseppina Miranda to have custody of Charlie Acosta. Her son was taken away from her nine months ago because he suffered a burn injury in her care, officials said. The child was later placed in foster care.
During the hearing, the Florida Department of Children & Families requested more supervised visits with the mother before the mother is eventually granted custody. The judge agreed.
Meanwhile, an investigation was launched by police and child welfare officials after the one-year-old suffered a fractured skull in February 2011 while in foster care. Officials are investigating if it was abuse or an accident, and who was caring for the child when he was injured in February.
After the injury, Charlie Costa was in stable condition at Broward General Medical Center, where he is being treated for the serious injury, according to officials.
Charlie's foster mother, who was not publicly identified, told investigators she was called to pick up the boy from Alphabet Land day care in Margate after he had a fever. She said she took the child to their Coconut Creek home.
A day after, the foster mother brought the boy to a pediatrician because she said he had a 102-degree fever, a bump on the right side of his head and an infection in both ears. But after a CAT scan at Broward General it was revealed he had a skull fracture.
Doctors said the injury occurred in the prior 24 hours, when Charlie was with the foster family or day care staff.
The foster mother told authorities she didn't know what happened, according to Alicia Castillo, the assistant attorney general representing DCF.
Meanwhile, Danielle Liebman, area coordinator for Alphabet Land said they are cooperating with investigators.
Charlie Costa's biological mother was addicted to prescription pain medicine but has done well with substance abuse treatment and parenting classes despite a diagnosed learning disability, according to testimony in court. She has also tested negative for drug use since she began treatment.
"I'm not a bad mother, I love my son, I learned my lesson judge," Apple Costa told CBS4's Ted Scouten in February. "I love my son, I'll do anything in the world for my son. I want my son back. I feel it is very terrible what the judge done to me."
But the magistrate ruled that Charlie will go to a new foster family when he is well enough to leave the hospital, and Costa can have more access to him as the court moves toward reuniting mother and son.
April 6th ruling did not grant the mother custody of her child, but the next hearing is set for May 17 at 11 a.m.
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