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Judge rules mom of teen found drunk won't have custody

Carolyn Foster, 44, charged with contributing to the delinquency of minor

Mom arrested after child gets drunk

OAKLAND, Fla. – A judge determined on Tuesday the 13-year-old who was found intoxicated by police is in foster care or will be in the care of a classmate's family after her mother was arrested on Sunday.

Carolyn Foster, 44, and her boyfriend were arrested on charges of child neglect and contributing to the delinquency of a minor after the 13-year-old was found unresponsive on the floor of the bathroom of her Oakmont apartment. She was taken to the hospital and was not released as of Tuesday afternoon.

When the teen is released from the hospital, a judge will determine if she will be placed with her younger sister, who is staying with a classmate's family. If she cannot be placed with her sister, the 13-year-old will be placed in foster care,  the judge said.

Foster will undergo a psychiatric evaluation by the Department of Children and Families and will have supervised visits with her children.

DCF also is investigating a report by Foster that the 13-year-old hits her younger sister often.