Fate of Baby Rico Still in Hands of the Court

Posted at: 04/01/2013 5:51 PM
Updated at: 04/02/2013 3:12 AM

(ABC 6 News) - A Mower County judge is deciding whether a family should regain full custody of their child who has tested positive for HIV. It's ABC 6 News Investigation we first brought you last month. Ellery McCardle has been in court since 9 this morning.

Betsy, no decision has been made. Today I saw first hand the emotional toll this case has taken on the family. As we've reported, the Nagel family is nearly three months into this custody battle. Rico was born in December and tested positive for HIV, which he contracted from his mother. County officials took him from his parents for fear they would not give him the recommended drugs and because they cancelled a nutritional appointment. The Nagels say they've always given him the drugs and they thought that appointment was optional.

This is video which shows Rico being taken from his parents in January. Audio from those same moments was played in court today. That's when people in the courtroom started crying and at one point Rico's mother left the room. During today's hearing, we heard from a handful of people including a Mayo Clinic doctor, Rico's grandmother and a social worker.

Right now, Rico is living with his parents, but the county is doing Skype supervisions twice a day to watch Rico receive treatment. We're told the judge has 14 days to make a decision, but more hearings are scheduled for Tuesday. I will be in the courtroom and will bring you the latest.