MIAMI (CBSMiami) – The three-year-old boy found wandering alone along West Flagler Street early Wednesday was in juvenile court Thursday with his father and grandparents but his mother, charged with neglect for leaving him alone, did not appear before the judge.
Janisleidys Herbello, 24, who was being held on $5,000 bond, left the county holding facility just before 9:30 a.m. Thursday. On Wednesday around 4:15 a.m., a passerby spotted the Herbello’s son crossing four lanes of traffic on West Flagler Street at NW 32nd Place and called police.
Herbello was not at the hearing Thursday afternoon to decide who will receive temporary custody of Herbello’s 3-year old son.
Herbello’s son was in juvenile court with his father, maternal grandfather and grandmother, escorted by the Department of Children and Families.
The boy’s father told the judge and the he and Herbello have been separated for a year. He also said that he has provided no financial support to the child during the split to which the judge said she would put that to an end.
“I’m going to order you pay child support,” said Judge Mari Sampedro-Iglesias.
The judge granted temporary custody of the child to his maternal grandparents with supervised visits from the father, but the boy’s mother, now charged with felony child neglect, will not be allowed to have contact with her son.
“If she goes to your house,” the judge told the grandmother, “you need to pick up the phone and call 9-1-1.”
The boy’s permanent residence is yet to be determined and could be as much as a year in the making.
Herbello and her son lived in an apartment about one block from where the boy was found Wendesday.
Herbello reportedly told police detectives that when she left the apartment around 1 a.m. her son was sound asleep. She admitted to police that she left the child alone sleeping to go to a friend’s house to party, drink, and have drugs.