Kay Morrison, an 82-year-old woman charged with first-degree murder, will be going into the care of the Idaho Department of Health and Welfare as her case remains on hold.

Although the competency evaluation for Morrison was held in December and she was found incompetent for trial by Magistrate Judge Karin Seubert, the Idaho Department of Health and Welfare hadn’t taken her to a facility for treatment. In that time, Morrison was held at the Nez Perce County Jail because the department wasn’t able to find her a placement, according to Nez Perce County Prosecutor Justin Coleman.

The jail wasn’t able to give Morrison the level of care she needed and her condition hadn’t improved, Coleman said. The Nez Perce County Prosecutor’s Office filed a motion for contempt against the Department of Health and Welfare and a hearing was held Friday before Seubert. However, before the hearing the Department of Health and Welfare was able to find a placement for Morrison, so the prosecutor’s office withdrew the motion for contempt.

In December the department was given 90 days to improve Morrison’s health. Her attorney, Lawrence Moran, said that he has seen no positive change in her condition.

Morrison, of Lewiston, along with her daughter Kimberly Morrison, 54, of Lewiston, is charged with the death of Kenneth Morrison, who is the ex-husband of Kay Morrison and the father of Kimberly Morrison. According to the probable cause affidavit, an investigation allegedly showed the two played a part in drugging, suffocating and burning the body of 87-year-old Kenneth Morrison in their home. The Morrisons were arrested following a search warrant at their home Aug. 16 at Harvest Road in Lewiston.