AUSTIN, Texas — On Tuesday morning, a custody hearing took place for the two girls kidnapped from their Round Rock home where their mother’s body was found dead.

For the time being, the two girls will remain in the care of their foster family.

During Tuesday’s hearing, attorneys as well as representatives from CASA advocated for them to continue their stay with their foster parents.

The girls are going to school and they have appointments for medical services — One lawyer said to disrupt that would be inappropriate and premature.

"We're told that they're doing really well. They had a chance to speak with some relatives and they were really excited to do that," said Lisa Block, spokeswoman for teh Texas Department of Family and Protective Services. 

CPS is now determining the best home for the girls that will take care of their well being and provide permanent structure.

"It's so important that we provide the stability and even therapy for these children because we know that they've been through so much in a short amount of time," Block said. "So they will of course need therapy. We're taking care of their medical needs and trying to make sure that they are just healthy and hopefully happy where they are and where they will be placed." 

RELATED | Man charged with kidnapping 2 Round Rock girls' first Texas hearing set

The girls, ages 7 and 14, returned to the Central Texas area on Jan. 5. Currently, they're in the custody of Child Protective Services, and have been placed in foster care in the area.

They are allowing  supervised visitation and phone calls, as they conduct a “home study” into the maternal aunt and uncle’s home as well as the 14- year-old’s father’s home.

"We're definitely conducting home studies, and that's basically a look at the home to make sure that it's safe, secure place for the children and it can provide for their healthy upbringing and safety," Block said. 

Both girls have expressed a desire to see their relatives. They already saw their aunt and uncle recently and enjoyed that visit. The 7-year-old’s father is not in the picture and has yet to present himself to court. The court is not allowing any contact until he does so.

Tonya Bates and Joseph Scheffler are in a common law marriage. Although not a blood relative, Scheffler argues he should be involved in these negotiations.

A status hearing and a hearing into Scheffler’s intervening motion is set for March 1.

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The search initially began after Round Rock police were called out to a home in the 2600 block of Leslie Court on to do a welfare check on Jan. 1. Police found the body of 44-year-old Tonya Bates, the girls' mother, in the home. 

Terry Miles was named as a person on interest in Bates' death and was initially believed to have taken the girls. He was also Bates' roommate. 

A lieutenant at the Calcisieu Parish Sheriff’s Office in Louisiana confirmed that Miles had an extensive criminal history in Louisiana, and that some of the charges included domestic violence, burglary, DWI and battery.  

They two girls were found safe, after multiple Amber Alerts were issued, in Colorado on Jan. 3.

The investigation into the girls' abduction and Bates' death is ongoing.

*Photos and names of the girls have been removed as a form of protection. We air these things initially when the child/children are actively being searched for, and it's important for their names and faces to be out there. Once they are found, they are  considered victims. For any questions, please reach out to txnewsdesk@charter.com.  

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