Carlisle, Pa. - A Cumberland County judge is still determining the fate of a 14-year-old Mt. Holly Springs boy, who was found guilty of raping a toddler earlier this year.

Police said the rape happened in August of 2007, when the girl was just three years old.

At a hearing Monday morning, the boy took the stand and apologized to the girl.

"I'm sorry for what I did to you," he said.  "I  feel disgusted...it was the stupidest thing I ever did."

Judge Kevin Hess will now have to determine if the boy should be deemed delinquent or dependent.

If he's found to be delinquent, he could be supervised until he's 21-years-old, and the rape charge would remain on his criminal record into adulthood.  He may also have to register as a sex offender.

If he's found to be dependent, he could only be supervised until he's 18-years-old.  He would not carry a criminal record, and the charge would be dismissed, according to District Attorney Dave Freed.

Prosecutors want the boy deemed delinquent.  Freed said it's a matter of public protection.

The girl's mother agrees.

"The longer he's treated...and the more supervised he is, the better off he's going to be and the more protected the public is going to be," she told abc27 after the hearing.

The boy's attorney, Ron Turo, argued that the boy should be deemed dependent, saying he is not a predator, but rather a victim.  The boy's parents were convicted of endangering the welfare of a child after it was determined the father took nude photographs of the mother in the boy's presence.

Either way, the boy will remain in a secure treatment center for juvenile sex offenders until the ruling.

His counselor at that center testified the teen has made progress, but "recently has struggled with the program."

"My opinion is he needs to further his treatment," counselor David Courtney testified. 

Without proper treatment, Courtney said the likelihood the boy would re-offend is "high."

Courtney testified it may be possible for the boy to return to his parents' home in the future, but said that was not an option at the current time. 

The girl's mother expressed dismay at the delayed decision.

"I'm extremely disappointed," she said. "Totally disgusted with the system right now...this has been drawn out way longer than it should have been."

The girl's mother first went public with the story, after the boy was returned to classes at Lamberton Middle School following the rape.

She said the boy's apology wasn't enough to ease her mind.

"I didn't believe it," she said.  "The whole time he spoke it sounded rehearsed...it sounded like it was something that had been practiced."

Turo declined to comment to reporters after the hearing.

There's no word when Hess could issue his ruling.

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