sends more children to adult children than any other state. nearly 400 in 2009. fernandez' attorney hopes a plea deal will keep this 12-year-old boy among other kids not convicted adults. >> juvenile courts were set up for juveniles kids are different. >> now it's possible but still allusive plea deal could send the juvenile to juvenile prison but monitoring after that. as for the mother she was in court in jacksonville today. the judge set a trial date for february 27th. charged with felony child abuse, aggravated manslaughter of a child. a doctor told police that had she not waited hours to rush her2-year-old who was unconscious to the hospital, instead, going there immediately, he may have survived. and there 12-year-old boy wouldn't be charged with murder. shep? >> shepard: phil keating live tonight in our south florida newsroom. phil, thanks. there is a new twist tonight in one of the most infamous and