HOUSTON -- A 12-year-old boy accused of killing a baby has been released from juvenile detention and into the custody of a relative, KPRC Local 2 reported Tuesday.

The boy, who is not being identified because of his age, has been charged with capital murder in the death of 10-month-old DeAndre Washington, who died on March 14. The suspect was 12 years old at the time.

The 12-year-old's aunt, a Child Protective Services-approved guardian, will have primary custody of the boy. The boy's grandmother and cousin will participate in his supervision.

The child will be supervised 24 hours a day, including when he is at school. The boy will sit next to the bus driver and next to the teacher.

"It's a modified supervisions plan where people can maintain employment as well as take care of the child," defense attorney Andrea Kolski said.

The 12-year-old will have limited visitation with his mother. He will be able to talk to his siblings on the telephone, but will not be allowed to visit them in person.

"He's not a danger to others or himself. He's never hurt anyone before," said Tawanna Scott, the boy's mother.

He has been ordered to stay away from DeAndre's family.

Prosecutors wanted the boy kept in detention until trial.

"We objected to him no longer being detained. But if the judge was going to let him out, then we believe he should be let out under extremely strict conditions," said Stacy Sederis, a Harris County assistant district attorney.

Child Protective Services will oversee the boy's supervision. The judge ordered CPS to work out a safety plan with the family and investigate the aunt's home where the boy will live.

On Monday, the judge rejected a plan that included the boy being supervised in a special day care program.

The boy was left alone with the baby and the baby's brothers, ages 4, 5 and 7, in a southeast Houston home in the 3700 block of Lehall. The 12-year-old is accused of beating the baby to death. The two oldest children are the main witnesses against him.

Scott claims her son is a scapegoat and alleges one of the baby's brothers pushed DeAndre down a stairway, fracturing his skull.

A child can be charged with capital murder. However, a child must be 14 years old to be tried as an adult. If the boy is convicted, the maximum punishment he could receive is 40 years in prison.