To date, 315 children have been dropped from court oversight as the nation's largest custody case moves forward. That tally includes 26 "disputed minors," whom CPS initially believed were children but later were determined to be adults.

One child has been returned to foster care: a 14-year-old girl allegedly married at age 12 to FLDS leader Warren Jeffs. A judge ruled her mother failed to protect her from abuse.

As the custody case goes on, Ticer said CPS will have to show exactly what evidence it has of child abuse. Many lawyers went to court complaining they have not been given discovery. The agency, which said it was overwhelmed, signed agreements to provide that evidence.

"We've got a really good judge down there that understands what's going on and is not going to let CPS take away children except, perhaps, in the most extreme circumstances," he said.

A criminal probe into the Utah-based polygamous sect continues. Nine men, including Jeffs, have been indicted on charges connected to underage marriages including sexual assault, bigamy and failure to report child abuse. The grand jury investigating the cases meets again Nov. 12.

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