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OKLAHOMA CITY – A 2-month-old baby boy who was allegedly abused and rushed to the hospital has died, according to the family.

Police say Austin Davis, 24, allegedly abused the infant and was arrested after doctors discovered injuries consistent with the child being shaken.

Authorities say the infant had been in the foster home for about 24 hours when the incident occurred in the 1000 block of N.W. 89th.

The baby was in critical condition at the hospital, but died Friday evening.

The child was in DHS custody before going to the Indian Child Welfare program for the Choctaw Nation.

DHS says if a child has any tribal blood, he or she must be given to that tribe’s welfare program due to the Indian Child Welfare Act.

Davis could face a murder charge because the child has died.

He has been charged with child abuse.