A custody hearing is set for Wednesday in Conroe.
Child Protective Services took the children into custody in March after a postal worker raised concerns about their not being in school and living in deplorable conditions.
CPS would like the children to remain in its custody.
At the time they were put into foster care, the children were being cared for by an aunt. Their parents were in prison for embezzling money from victims of 2008's Hurricane Ike.
Their mother, Sherrie Shorten, is now out of prison and is working to regain custody. The children's father remains in prison.
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