MIAMI (WSVN) - One day after two parents were discovered unresponsive inside of a vehicle with their two small children in the backseat, a judge has ordered to remove the children from their care.

A Miami-Dade judge ruled, during a dependency hearing, Wednesday, to remove the 2-month-old baby and 2-year-old boy from their parents. “The court will find that there is probable cause to remove the children and that reasonable efforts could not have prevented that removal,” said judge Mavel Ruiz.

The judge then granted custody to the paternal aunt of the children, at least for the time being.

On Tuesday, Miami Police said 35-year-old Carlos A. Roboyras-Rodrigues and 26-year-old Catherine Lobb were found unresponsive in their sedan, with their young sons in the backseat, parked along Northwest Seventh Avenue and 77th Street.

After being treated at a hospital, they were arrested and both charged with one count of child neglect. The father was also charged with a DUI, and the mother was also charged with one count of vehicle/permit unauthorized operator to drive.

According to a police officer who testified in court, the police officers struggled to locate the father’s pupils, as well as the mother’s, inside of the car since they were both allegedly intoxicated.

“I identified myself as a police officer. She goes, ‘Why are you here?’ and I said, ‘I’m here for you. You were out!’ and she goes, ‘Oh, I just fell asleep.’ I said, ‘No, you don’t just fall asleep.’ Also, her pupils were constricted, as well.”

According to the judge, the oldest of the two children was negatively affected by the ordeal.

The judge has ordered a mental health evaluation for the toddler child.

“Now, I did see the children,” said the judge. “The older boy is extremely fearful. He is absolutely, I think, at this time, in need of mental health services.”

Another officer said both children were discovered in the backseat sitting in soiled clothing.

“And I observed the two children. One had, one a dirty — the oldest had on a dirty shirt and a saggy diaper, and the other one had soiled overalls.”

The next hearing will be Thursday at 1 p.m., at the Children’s Courthouse.

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