TODAY | December 31, 2013
>>> now, one family's heartbreaking battle over 13-year-old california girl who has been declared brain dead . on monday a last minute ruling from a judge will keep her on a ventilator for another week. miguel almaguer has more from oakland, california. good morning.
>> good morning. 2 1/2 weeks ago doctors declared jahi mcmath brain dead but hours before they were given the okay to remove her from the ventilator, her family won a last minute extension.
>> reporter: jahi mcmath's family, a desperate victory. the court order gives them one last chance. another week to find a long-term care facility . the 13-year-old came to children's hospital for a complex tonsillectomy. but after she went into cardiac arrest, a team of doctors, including independent physicians, declared jahi brain dead .
>> my daughter, she is alive. she is warm and i kiss her and go in there and let her know all the time we won today.
>> reporter: for nearly three weeks her family fought bitterly with hospital officials to keep her on a ventilator. after protests and now two court orders , a judge declared children's hospital must keep jahi on a ventilator until january 7th . but doctors say the teenager is no longer alive.
>> it would be wrong and cruel to give any hope that jahi mcmath is coming back. she is deceased and on a ventilator.
>> reporter: still jahi 's family has not given up hope. they say their little girl appears to be improving and now they have another week to be by her side. her family says they are working with a long-term care facility to transfer her but hospital officials hearsay it's much more complicated than just a transfer. they say moving a girl who is technically dead raises medical and ethical issues.