Over the weekend, an attorney for the hospital said they are willing to release Nick Torres to his family, according to the attorney's office representing the family.
"They have told us that they believe it's possible the hospital may be open to delivering baby Nick to the parents, releasing the baby, so the baby could be taken home and be cared for by the parents in hospice," Kevin Acevedo, an attorney representing the family from the Gonzalez Law Group, said last week.
The announcement comes after Acevedo sent a letter to Texas Children's Hospital demanding the child either be fed nutrients or be released to go home with the family after more than two weeks on a ventilator.
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In a statement from the Gonzalez Law Group, they said the Texas Children's Hospital attorney called Acevedo and told him that the hospital won't have any problem if baby Nick is taken home for hospice.
The Harris County Medical Examiner has approved Nick's release, which was required by law.
The hospital has until 5 p.m. Monday to take Nick off life support.
The 10-month-old has been in the hospital since Sept. 24 after being found unresponsive in a bathtub. Doctors at Texas Children's Hospital said he was declared dead on Sept. 30 when they found no brain function.
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The family has argued their child is still alive.
WATCH: ABC13's Shelley Childers' previous report on Baby Nick
"His heart is still beating. Apparently, his temperature is still being regulated by some part of his brain. He may be unconscious but he is not fully brain dead," said Acevedo.
When ABC13 reached out to Texas Children's Hospital for a statement on this announcement from the family attorney last week, the hospital released the following:
At Texas Children's Hospital, providing compassionate, medically-appropriate care is a cornerstone of what we do. It is our care team's unanimous medical opinion that there is nothing further that can or should be done for this child.
As the 14th Court of Appeals noted in its decision today, the physicians followed current medical standards of care and determined the child has an irreversible cessation of his spontaneous brain function. This is a point that the family has not disputed in court. Texas law regarding declaration of death is unambiguous, and, "this undisputed evidence proves that N.T. is dead." With respect to releasing the child's body home to the family, Texas Children's is obligated to, and will, follow the Medical Examiner's instruction and Texas law
Texas Children's will continue to follow the court's orders in hopefully reaching a resolution to this tragic situation soon.
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