Six children who were fatally shot in their Houston home along with two adults had been temporarily removed by Child Protective Services from the household in 2013 after allegations of abuse and a lack of supervision.
The agency filed a lawsuit in 2013 to remove the children. They were placed in foster care but were later returned to the home. The case was dismissed in 2014.
Texas Department of Family and Protective Services spokesman Patrick Crimmins said Tuesday that his agency can't comment on why the Judge Glenn Devlin dismissed the lawsuit. A spokeswoman for Devlin declined comment.
David Conley is charged with capital murder for the deaths Saturday of the six children, along with their mother, Valerie Jackson, who was Conley's ex-domestic partner, and the woman's husband.