POSTED: 3:20 pm CDT July 12, 2006

UPDATED: 3:38 pm CDT July 12, 2006

SAN ANTONIO -- A judge awarded temporary custody Wednesday of a premature baby who was born addicted to drugs to Child Protective Services.

The baby's mother, Crystal Martinez, attended a parental rights hearing via a video camera from the Bexar County Jail, where she has been in custody since she was arrested a week ago on prostitution and theft charges.

When Martinez gave birth to her son, Guadalupe Rosales, on June 20, she and the baby tested positive for cocaine and heroin.

When a judge asked Martinez if she would be clean or dirty if she were drug tested today, she replied, "dirty."

The judge told Martinez and Albert Rosales, the father of Martinez's four children, that if they didn't change quickly, they would lose permanent custody of their newest baby.

"Drugs and kids don't mix," said George Willingham, Rosales's attorney. "You have to choose one or the other."

The baby was born one day after Martinez and Rosales attended the funeral of their 1-year-old son, also named Guadalupe Rosales, who died of shaken baby syndrome while in the custody of his foster parents, who also attended the tension-filled funeral.

Even though the case was ruled a homicide, no charges have been filed, which continues to frustrate members of the Rosales family.

"They didn't mention nothing about that," said Ramona Ortega, Rosales's aunt who also attended the hearing.

Martinez and Albert Rosales also lost their parental rights of their two other children.

Copyright 2006 by KSAT.com