The Florida Agency for Persons with Disabilities says the placement of a 97-year-old murder suspect in its care was improper.
Now the agency is asking for a court order to be stayed pending an appeal.
A St. Johns County judge ruled that Amanda Stevenson be housed at one of the agency's facilities. Stevenson has been ruled not competent to stand trial in the shooting death of her nephew.
The agency says it doesn't have the capabilities to deal with her dementia and other medical issues. The agency says its mission is to treat those with mental retardation or autism, and none of the five psychologists who examined Stevenson made that finding.
Stevenson is accused of killing her nephew, 53-year-old John Rice, in September 2011 -- shooting him in the chest while he was lying in bed.