TOPEKA, Kan. (WIBW) - It's a bittersweet release from the hospital for a Topeka toddler who was severely burned while in the care of his babysitter April 11, 2009.

Around 11:00 a.m. CST, Fabian Hackett's mom, Shelly, said Fabian was about to be released and that they were going to lunch afterward.

Shelly has been by Fabian's side the past two months while doctors work to heal him of a fractured skull and third-degree burns that covered 70 percent of his little body.

According to Fabian Hackett's Caring Bridge webpage - which is updated by a family friend - the good news of Fabian's release comes with some bad news as well.

"...Fabian won't be leaving the hospital in the arms of his mommy," the site reads. "Due to her 'instability in the past' and the fact that Shelly has nothing to call home at this point, since she left Topeka to be by Fabians side, the state is placing Fabian in temporary foster care upon his discharge. Needless to say, this is terribly painful for Shelly and her family. Her sis tried to hurry up and get 'approved' to be a foster family, but the process takes too long."

Hackett was worried when she left Topeka for Cincinnati to be with her son that she would lose her job and apartment. At the time, her landlord said she would hold the apartment for Shelly.

The site says there is a hearing on Wednesday that will let Shelly know what steps she needs to take to get Fabian back home with her.

In the meantime, the man who was caring for Fabian when he was injured - Jason Lopez - faces three counts of aggravated battery. His preliminary hearing is scheduled for June 30th.

Benefits continue to be held to raise money for Fabian's recovery. Thursday, June 18 at Auntie Mae's, 614 N. 12th St., Manhattan, is hosting a benefit including three band performances by Variable Speed Control, Los Habaneros and The Canvas. They start playing at 10p.m. "For Fabian" t-shirts will be sold there and are also available at all banks in Seneca. Auntie Mae's will donate all door proceeds to Fabian's Fund.