A two-year-old is back at home this morning after police found the boy legally drunk

Charles Perez:

Police were checking on an order of protection at a home in Patchogue when they discovered the drunk toddler, along with his three-year-old sister.

The babysitter was passed out
Eyewitness News reporter Charles Perez has more.

Vincent Spadafora, Suffolk Co. Deputy Sheriff: "The child was stumbling and the child's eyes were glassy."

That child was two-year-old Wilfredo, who was in the care of his cousin, 37-year-old Juan Reyes when he was found drunk, while his parents were at the hospital, his mother giving birth to another baby.

Voice of Translator, Jose Gomez, Father: "I trusted him for just an hour and a half, two hours I'd be at the hospital. He was fine, I didn't see that he was drinking."

But according to police he was drinking and so was the two-year-old boy in his care.

Vincent Spadafora, Suffolk Co. Deputy Sheriff: "We ran a blood test on the child. It was came back .094."

Well above the legal limit for being under the influence.

Voice of Translator, Jose Gomez, Father: "When I went to go see him, my son was obviously drunk."

The two-year-old was taken the the hospital and the three-year-old was given to child protective services. The father, visibly upset, surrendered the fate of his cousin to the courts.

So far police are not saying how they think the two-year-old actually ended up drunk but they do say it's likely the cousin passed out on the couch, leaving the child to help himself to the liquor.

Juan Reyes will be back in court January 3rd.

2-Year-Old Boy Is Found Drunk After Mother Goes Into Labor

Toddler Found Intoxicated in Patchogue