A judge says an 11-month-old baby will stay in foster care after his mother caused a fiery car crash at a gas pump early Monday morning.
Even with the help of an interpreter, 25-year-old Noelia Gallego didn't say much about the accident that injured her and her infant.
With a band-aid over her right eye, Gallego had her attorney ask that the baby be placed with one of two available relatives.
Gallego crashed her minivan into a gas pump at the Chevron on South Orange Blossom trail.
In surveillance video, you can see firefighters working to put out a fiery mess.
Gallego and her baby were pulled out, but both suffered minor injuries.
Due to allegations of drug charges back in June, both of Gallego's children were taken from her and placed with different relatives. Gallego should never have been allowed to have the child unsupervised.
DCF doesn't know if placing the baby with a different relative is what is best.
"Over and over again if a child needs to enter protective custody, we always work to find a loved one or a relative cause we think it's the best interest for that child," said DCF Spokesperson Carrie Hoeppner. "This is a horrible incident. This baby is so so so lucky that he was okay. We very well could have been standing here talking about a tragedy."
The relative responsible for the baby at the time of the crash violated a court order by letting Gallego take him.
The judge ruled for now the 11-month-old infant will stay in foster care. In court, Judge Anthony Johnson said the affidavit clearly read the child was "in danger."
DCF is still waiting for Florida Highway Patrol final report. There still is no explanation how the young mother lost control of the car and crashed into the gas pump. She is still facing charges.
The baby's father is also involved in this custody battle. He is in a federal prison, but his attorney was present in family court Tuesday.
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