By Matt Rivers

PHILADELPHIA (CBS) — A mom becomes the victim of a hit-and-run on the way to the hospital to visit her sick baby.

She’s out of the hospital and as of tonight, so is her daughter.

But in this Eyewitness News Exclusive, CBS 3’s Matt Rivers reports the baby’s parents aren’t being allowed to see her right now.

This is Aaliyah Palmer’s first day out of the hospital since September 20th. She was born prematurely, now at one-and–a-half, she weighs just 16 pounds, still fed through a tube in her stomach.  But she’s not home with her parents, rather with her grandmother.  The Department of Human Services says her parents, Tyrell Palmer and Monae Mosee, aren’t fit to take care of her.  The Department calls it medical neglect.  The husband and wife of two years say no way.

“I have nothing to hide.  There’s no neglect, you can do any type of investigation you want,” Palmer said.

All this on top of a terrible accident.

On October 10th, Monae was riding her bike to Children’s Hospital to see Aaliyah when she was hit by a car.  She nearly died, and today remains in tremendous pain especially when thinking of Aaliyah.

“I can’t go over to the next room and kiss her or hug her,” Mosee said.

But DHS wants Aaliyah in foster care.  This is why.  High sodium levels when first admitted to the hospital.  Parents unable to provide medical information and not visiting enough.

As to the sodium her parents say they were just following formula instructions, prescribed at nearly two dozen doctor’s appointments they’ve attended since March.  They say that this paperwork  proves they provided medical information, and as to insufficient visitation, they both deny it.

“I tried to make it up there every single day and if I couldn’t, I would make calls,” Mosee said.

And after Monae was injured, she physically couldn’t visit.  The parents argue DHS’ claims are untrue, and say some in the agency have even agreed.  This DHS report from October 10th, the day of Monae’s accident, indicates Aaliyah was not at imminent risk of placement.  In other words, not with her parents.

Plus, the family says their caseworker agreed, telling them she was overruled by a supervisor.

“How can you take someone’s daughter away on just an assumption and no proof,” Palmer said.

For now, though, Aaliyah remains at home with Tyrell’s mom, a sick baby with no permanent home.

For it’s part, the Department of Human Services said they do not comment on specific cases.

The family is taking this fight to court, and their initial appearance will happen Friday.

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