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Judge Allows Jahi McMath's Mom To Take Her From Hospital

5:00 PM, Jan 3, 2014   |    comments
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This undated photo shows Jahi McMath. The girl has been declared brain-dead at a California hospital.(Photo: McMath family and Omari Sealey via AP)via USA TODAY

OAKLAND, CA -- A judge says the mother of a 13-year-old girl who was declared brain dead after having tonsil surgery can remove the child from a Northern California hospital as long as she assumes full responsibility for the move.

Jahi McMath has been on a ventilator for nearly a month, and her family has been fighting with medical officials to have her transferred out of Children's Hospital Oakland.

Alameda County Superior Court Judge Evelio Grillo said Friday that Nailah Winkfield can move her daughter under a deal with the hospital that holds the mother accountable for consequences that could include Jahi going into cardiac arrest.

Also, Grillo denied the family's motion to force the hospital to insert breathing and feeding tubes, which the girl would need for long-term care at another facility.

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