MIDLAND - A heartbreaking decision. A Midland family took their one year old son off life support.
They tell NewsWest 9, he was brain dead after accidentally choking on a baby wipe.
The family says one year old Dakota Lee Ross-Hall has not passed away yet but it's only a matter of time.
Dakota was taken off of life support on Friday at Covenant Children's Hospital in Lubbock.
He was taken there after choking on a baby wipe while in the care of his foster parents a week ago.
Dakota's father tells NewsWest 9, the child was put in foster care because the family is homeless.
Although Child Protective Services has custody of Dakota, his biological parents claim they had permission to take him off life support.
Now, they plan on taking legal action.
NewsWest 9 spoke to high sky children's ranch, who placed the child with a foster family, after our original interview with Dakota's father earlier this week.
They say they're heartbroken but there's a lot they can't talk about because the investigation is ongoing.