YOUNGSTOWN, Ohio (WKBN) – The dog that fatally injured a newborn is back home in the owner’s house.

Kristy Grim, the mother of the baby, and her family took possession of the dog Friday. The dog, Toby, is one of five dogs living in the home.

Earlier this month, police were called to the home along Valorie Drive after the Shepherd-Lab mix tried to lift 3-day-old old Aiden Grim out of a laundry basket he was placed in.

The baby suffered fatal puncture wounds to the head. The coroner has since ruled the death accidental.

By state law, the dog was designated as vicious since it took a life, but the dog was permitted to return home with its owners who could appeal the vicious designation. If the designation stands, the owner will have to follow protocols for keeping a vicious animal which could include placing a microchip on the animal and neutering.

The dog’s owner and Kristy Grim’s brother, James Grim, said he plans to appeal that vicious designation.

“I think he was trying to pick the baby up and take him to my sister,” he said.

Mahoning County Dog Warden Diane Fry said since neighbors were not concerned about the animal being a threat to the area, she agreed to give it back to the family and not have it euthanized.