HOUSTON (FOX 26) - After hearing two weeks of testimony, the jury had two questions to answer.
Should the parental rights of the 6-year-old boy's mother be terminated?
The jury's answer was yes.
But when asked if the Texas Department of Family and Protective Services, also known as CPS, should be appointed managing conservatorship meaning having custody of the 6-year-old boy the jury's answer was no.
"CPS's rights were basically terminated also," said family law attorney Julie Ketterman.
Through testimony the jury heard the horrors the 6-year-old endured while in CPS custody.
"This child has been placed seven times in 12 months," Ketterman said. "He had been physically abused by a foster mother and he had been placed in psychiatric care."
Ketterman says the little boy was erroneously told three times he was going to get adopted.
"Then he was sexually abused in the foster home he is currently in," she said, Now CPS is asking the judge to disregard the jury's unprecedented decision to not allow the state agency to have custody of the abused child.
"It was unanimous, it wasn't even 10 to 12 we polled the jury," said Ketterman. "You're either going to respect that or not."
Right now the 6-year-old remains in the same foster home where he was sexually abused by a 14-year-old for 3 weeks.
"Nothing happened to that 14-year-old who actually did the sexual abuse," Ketterman said.
We asked the assistant county attorney representing CPS for a comment, but he had nothing to say to us.
A hearing is set for August 21.