They say Christopher Rodriguez will likely also be charged.
Larissa Rodriguez told police that her 5-year-old son Jordan left with his aunt for Texas earlier this month to visit his father.
"That boy was special needs, premature", Ana Rodriguez said to the Cleveland newspaper.
The little boy's mother, Larissa Maria Rodriguez, 34, was charged Thursday with murder in her son's death. Adrine said his approval of probable cause gives police wide discretion on how long they can take to file formal charges while keeping her in custody.
Investigators noted in their report that the house was highly unsanitary and that they found one of Larissa's children eating a sandwich that contained cockroaches.
According to WKYC-TV, Larissa Rodriguez "told police her son was in Houston with his father". She allegedly said the 5-year-old boy, who has special needs and is unable to speak, left with his aunt on December 2 to visit his father in Texas.
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Christopher Rodriguez's brother, sparked the investigation when he called authorities and said his brother called from jail and told him Jordan was dead and buried in a backyard.
The body investigators found in Larissa's backyard has not been identified.
Child welfare workers said they have provided parenting education, mental health services and more.
A medical examiner on Wednesday was working to determine whether the apparent remains of a young child found buried in the backyard of a Cleveland home were those of a missing 5-year-old boy.
Officials removed four children from the home Monday night, and the children were placed in emergency custody in foster care. Two of Larissa's other children were taken by the county years ago and another lives with their father, a county spokeswoman said.
That caller from Pakistan said Rodriguez assured her other kids that Jordan was in Texas. The stepfather is now being held in the Medina County Jail for an unrelated case in which he pleaded no contest to non-support of dependents on September 19. According to Fox 8 Cleveland, his stepfather is in jail on a failure to pay child support accusation involving another woman. "I don't know why they would do this to him".