The charge of fetal homicide against Debra Bailey, 24, of Wallins, was dismissed Monday in the Harlan Circuit Court.
The Kentucky Revised Statutes describe fetal homicide as the "intent to cause the death of an unborn child" and does not apply to a baby after it is born. Under the law, health-care workers and "the acts of a pregnant woman are excluded" from falling under the jurisdiction of the statute.
Despite the dismissal of the fetal homicide charge, Bailey still faces charges of tampering with physical evidence and abuse of a corpse.
Because the fetal homicide charge was dropped, Bailey's bond was reduced from $100,000 full cash to 10 percent of $10,000.
Officials with the Harlan County Detention Center said Bailey posted bond and was released from custody Monday afternoon.
On June 7, Kentucky State Police found the body of a 1-day-old boy in a plastic container on the back porch of a Pope Hill home after Bailey entered the Harlan Appalachian Regional Hospital emergency room with severe bleeding. The hospital staff suspected Bailey had given birth, but she didn't have the baby in her possession.
After a week of investigation, Kentucky State Police Det. Mike Cornett arrested Bailey on June 14.
The body of the infant boy was sent to the Kentucky State Police Crime Lab in Frankfort for an autopsy.
The final coroner's report is not complete.
Harlan County Assistant Commonwealth Attorney J.D. Smith or representatives from the Kentucky State Police were not available for comment Tuesday on the possibility of filing new or additional charges against Bailey.