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Updated: Friday, 12 Aug 2011, 6:51 PM EDT
Published : Friday, 12 Aug 2011, 5:42 PM EDT
BATTLE CREEK, Mich. (WOOD) - The six-year-old sister of Baylee Stenman, who died recently, will continue to stay with her biological father while police continue to investigate the death of the 3-year-old.
The decision was reached in a Calhoun County courtroom Friday.
Baylee Stenman was taken off life support August 1, three days after her mother's boyfriend found her unconscious.
"Autopsy results haven't been concluded at this time and we just felt it was important from that standpoint to have those results so we have a fuller picture of what the investigation entails and what the actual cause of death before we make any determination in this case," said Jim Jordan, the attorney representing the 6-year-old's interest.
While they wait for those autopsy results, 24 Hour News 8 found information in the petition asking the court to remove the sister from the home her mother shares with her boyfriend that helps explain why the death is the focus of a criminal investigation.
It details Baylee's last days:
A DHS worker and BCPD officer observed:
".... Baylee Stenman to have a dark red bruise approximately inch and a half in diameter on the left side of her throat just below the jaw line, as well as a small bruise on the right corresponding side of her throat."
There were no marks or bruises on the child that would indicate she'd fallen and hit her head, according to doctors.
A C.T. scan found Baylee had a subdural hematoma, blood on the brain resulting from serious head trauma. Doctors determined Baylee's brain stem had swelled and she experienced retinal hemorrhaging.
In the CPS petition, a pediatrician who examined Baylee reported:
"Baylee does have non-accidental head trauma, aka 'shaken baby syndrome.' She (the doctor) stated that in this particular case there is no other explanation for the head trauma."
But an amended version of the same petition takes out the term Shaken Baby Syndrome. That same doctor states the the injury could not have been from a fall from bed or a seizure.
Another hearing on the custody for the sister is set for August 22. Attorneys think they'll have those autopsy results by then.
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