LAWRENCEVILLE, Ga. — The mother of a boy on life support in Georgia is accused of leaving both her children unattended in a bathtub.

The Atlanta Journal-Constitution reports 23-year-old Britianie Pace was arrested June 29 on a charge of second-degree child cruelty after an investigation by the Division of Family and Children Services.

According to an arrest warrant, Pace caused “cruel or excessive pain by leaving the 1-year-old victim and his 2-year-old sister in a bathtub unattended.” The 1-year-old, Brodie Gilleland, “nearly drowned and is still in critical condition in the hospital.”

Pace and Brodie’s father, Brade Gilleland, have been back and forth about custody and are battling over whether to remove Brodie’s ventilator. Pace’s attorney, Angela Kinley, says both children remain in DFCS custody.