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SANDPOINT, Idaho (CNN) -- A judge has agreed to release an Idaho woman from jail after her children held off authorities for five days, but the woman has refused to leave jail until her children are returned.

Judge Barbara Buchanan said JoAnn McGuckin could be released on her own recognizance with certain conditions Monday, but McGuckin's lawyer said she had some conditions of her own.

"She demands an immediate reunion and contact with the children. She demands dismissal of the charges," defense attorney Bryce Powell said. "She demands an apology, and demands her return to the property with her children."

McGuckin, 46, was being held on a $100,000 bond on a charge of felonious neglect for failing to provide her family with food or electric power. Despite the judge's order, Powell said she would not leave the jail unless the charges are dropped.

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The children's father, Michael McGuckin, died May 12. Following the mother's arrest, sheriff's deputies seeking to take custody of their six children were kept at bay by a pack of 27 dogs. Officers also suspected the children were armed with guns.

Five of her children were taken from their home in rural Idaho on Sunday. The sixth child, a 15-year-old boy, left earlier.

Bonner County Prosecutor Phil Robinson said the authorities would agree to McGuckin's release if she abides by the order granting the state temporary custody of her children and that she not return to the house, which has been sold at a county tax auction.

Robinson said the state was prepared to release McGuckin without bail, but added, "we are not going to issue any kind of apology."

Buchanan agreed to most of the prosecutor's conditions, but did not bar her from returning to the home.

An expected "shelter hearing," in which the judge could return the children to their mother, was scheduled for Tuesday. The judge could decide to return the children to their mother without restrictions, return them under state supervision, or keep them in state custody for 30 more days at which time a final custody hearing will be held.

Authorities Monday were still rounding up the dogs and had not yet searched the home.