An Allegheny County judge ruled yesterday that a baby cut from his slain mother's womb last month will remain a dependent of the county courts, but a family member confirmed that in the interim, the newborn boy is being cared for by a relative on his mother's side.

Common Pleas Judge Kim Berkeley Clark said the 3-week-old baby, who was present at the hearing, was in good health and has been residing with a foster family. That may either mean he is staying with a family of nonrelatives who are certified to provide foster care or with relatives who have filed for assistance through foster care. Either a foster parent or a representative of the foster agency accompanied the child to court, the judge said. She declined to say whether the victim's family was involved.

But Audie Banks, an aunt of the child's slain mother, Kia Johnson, said by telephone yesterday that a family member of Kia's had been the main care provider for the boy since he was released from West Penn Hospital.

Andrea Curry-Demus, 39, brought the boy, with his umbilical cord intact, to the hospital July 16. Two days later, police found the decomposing body of Ms. Johnson, who was 18, in Ms. Curry-Demus' Wilkinsburg apartment. County police subsequently charged Ms. Curry-Demus with homicide, unlawful restraint and kidnapping.

The infant's father, Terrell D. Barnes, 19, of McKeesport, who relatives previously identified as Ms. Johnson's steady boyfriend, was transported to the family division court from the county jail to be at the dependency hearing for the baby yesterday morning. Family court encourages incarcerated parents to maintain contact with children in the system. However, inmates are not allowed to hold their children at the hearings, sheriff's officials said. The judge did not know whether yesterday was the first time Mr. Barnes had seen his son.

Mr. Barnes has been lodged at the jail for more than four months on two dozen charges from four separate incidents. The charges include burglary, aggravated assault, reckless endangerment, false imprisonment, possession of a firearm and terroristic threats, according to court records.

The child was listed in yesterday's court docket as Terrell Kian Barnes, although relatives previously gave the baby's last name as Johnson.

Judge Clark said she adjudicated the child dependent because his mother is deceased and his father is incarcerated. This does not mean the boy must remain in the system if another arrangement evolves in the coming months. She said the overall goal for the family is permanent reunification.

The next review hearing for the child is Nov. 12.