SCOTTSDALE, AZ - A Phoenix mother has not set up a trust fund for her children required under a deal to avoid felony child abuse charges after leaving her two children in a hot car while out on a job interview, her attorney said.

An Attorney for Shanesha Taylor , 35, did not provide a reason why the trust had not been set up during a Monday morning court hearing. The judge said she is now in breach of her agreed contract.

Taylor, who received over $100,000 in donations after her story went viral , agreed to put $60,000 in a trust for her children's child care and education to avoid prosecution for child abuse.

Taylor was supposed to have the fund set up by Monday. The state is now able to back out of the plea agreement, but said it is willing to figure out a settlement with Taylor. A status conference has been scheduled for 1:30 p.m.

Under the deferred prosecution agreement, Taylor was also required to attend parenting and substance abuse treatment programs.

"I am grateful for the opportunity that was extended to me, to, you know, resolve this situation, as well as to show my intentions," said Taylor in July when she agreed to the deal.

The judge said the issue needed to be resolved quickly