ATTLEBORO, Mass. – An Attleboro couple held in contempt of court for refusing to turn over a newborn baby they’re accused of hiding remained free Friday after a Bristol County judge delayed sentencing until an appeal is heard.

The appeal by Rebecca and David Corneau must be heard within three business days, said Juvenile Judge Kenneth Nasif.

The couple’s attorney, J.W. Carney, filed the appeal with the state Appeals Court late Thursday afternoon, first assistant court clerk Gilbert Lima said. There was no word on when the appeal might be heard.

Depending on the outcome of the appeal, Nasif could incarcerate the couple until they turn over the child. If a baby is located, Nasif has already given custody to the Department of Social Services.

The couple belongs to a sect, known as The Body, which rejects modern medicine. DSS is concerned about children born to the couple because family members secretly buried the Corneaus’ stillborn son in Maine in 1999.

State officials believe the couple is hiding the baby so the state won’t take custody. Their four other children have been placed with relatives who are not sect members.

DSS spokeswoman Carol Yelverton said the agency’s worries about the new baby’s health were heightened when Carney argued Friday the Corneaus couldn’t comply with the order to turn over the baby because they would incriminate themselves.

“This was never a criminal issue,” she said. “What is incriminating? … That’s a huge question to ponder.”

Carney did not immediately return a call for comment.

On Tuesday, Nasif ordered the couple to turn the baby over to state officials after witnesses testified Corneau appeared pregnant several months ago, but no longer appears pregnant now.

Carney argued the state hadn’t proved a baby exists, or that if one does, it isn’t being well cared for. He said the couple was being persecuted for their religious beliefs.

Rebecca Corneau was forced to give birth in state custody in the fall of 2000 because state officials were concerned about the health of that baby girl, who was placed into foster care.