The baby sitter, 24-year-old Zakiyyah Williams, called 911 Monday morning from an apartment saying she found the boy alone and unresponsive in the bathtub.
Police originally arrested the boy's parents, along with the baby sitter, but they will now be released.
Williams made her first court appearance Thursday. The district attorney charged her with felony child abuse and corporal injury to a child. According to court papers, the boy had suffered recent and past head trauma, a lacerated liver, numerous scars, and cigarette, lighter and other burns to his body.
In court, Williams did not yet have an attorney and did not enter a plea. Outside her family came to her defense, telling ABC7 News that Williams is not capable of that type of abuse.
"My sister has never displayed any of those types of actions. She's never done anything like that," said one of Williams' sisters who did not want to be identified. "My sister loves."
Police located three other kids related to Williams and the boy's parents in Patterson on Wednesday. They are now in the custody of Alameda County Child Protective Services (CPS).
Meanwhile, the 3-year-old Williams was taking care of remains in critical condition at Children's Hospital Oakland.
"I'm concerned about the little boy. My prayers go out to him. My heart goes out to my sister and the baby," said the defendant's sister, Zarinah Williams. "But at this point... many people can pray him for him so he can pull up from whatever he's going through and that Zakiyyah gets the help that she needs."
Williams will be back in court Friday morning. Even though the boy's parents were not charged, we understand CPS has opened an investigation.