Child protection officials investigated multiple reports of Marlene Vidal's bizarre behavior in the year and days before her daughter and son were found dead in a burning SUV, at one point determining she had been neglectful in supervising them, but did not remove the children from her custody, according to an investigative report obtained by the Express-News.
Vidal, 34, of Edinburg, is charged with capital murder in the deaths of Aleeza, 6, and Adrian, 5. Prosecutors allege she stabbed the children to death before setting her SUV on fire with their bodies inside on May 15 in west San Antonio. Vidal has pleaded not guilty.
READ MORE: DA may seek death penalty for mom whose kids were found in burning SUV
As far back as June 2025, officials with Texas Child Protective Services received reports about Vidal's behavior, according to the investigative report from the Texas Department of Family and Protective Services, which oversees Child Protective Services.
The report details an incident in which law enforcement officers stopped Vidal in 2025 and noted her erratic behavior. It also documents a request for a welfare check shortly before the children were killed, but does not say whether the check occurred or what CPS did afterward.
Among the concerns reported to CPS officials were that Vidal believed one of her children was possessed, thought people were following her and feared someone was trying to poison the family, according to the investigative report. One of Vidal's relatives told state officials Vidal said if anyone was going to hurt the children, "it would be done by her," according to the report.
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After Vidal had a "psychotic break" in June 2025, she was placed into a mental health facility, according to the report. Her children were briefly cared for by a relative, but were returned to Vidal when she was released, according to the investigative report.
Texas law does not make a parent's mental illness, by itself, grounds for removing a child. But it allows a Department of Family and Protective Services representative or law enforcement officer to take custody of a child without a court order if they believe there is an "immediate danger to the physical health or safety of the child." For a court-ordered emergency removal, state law requires evidence that remaining in the home would be contrary to the child's welfare and that reasonable efforts were made to avoid removal.
CPS safety assessments conducted in June 2025 determined the children were safe in Vidal's custody, and the agency classified the case as moderate risk, according to the investigative report. The report does not explain what information supported the decision to return the children to Vidal.
Yadira Gonzales, a spokeswoman for the Texas Department of Family and Protective Services, said the report contained everything publicly available about the case and declined additional comment.
The report details two incidents involving Vidal and her children in June 2025. In the first incident, Vidal was pulled over by police and was screaming, crying and whispering, and could not coherently explain where she was going, according to the report.
A June 18, 2025 report raised concerns about Adrian, who was autistic and nonverbal. It said he appeared malnourished and fatigued during a therapy session near the end of May. When asked about his condition, Vidal reportedly gave three different diagnoses. Adrian then stopped attending therapy, and Vidal stopped answering calls.
The CPS investigation found that the children appeared healthy and had no visible injuries. Investigators reported no concerns about their hygiene or the condition of the home.
According to the report, Vidal admitted smoking marijuana or synthetic marijuana while caring for the children. CPS determined that Vidal committed neglectful supervision of the children but did not confirm that she physically neglected them.
The report states Vidal experienced a "psychotic break" in June 2025, was hospitalized for mental health services and evaluation, and that the children were temporarily placed with a relative.
The report lists safety assessments conducted on June 5 and June 23. Both assessments determined that the children were safe. The agency ultimately classified the family as "moderate risk," although the report does not provide the date of that assessment.
The family was offered additional services and referrals, but Vidal declined them.
The investigative report shows that concerns were raised about Vidal's behavior on May 13 - two days before the children were killed.
On the morning of May 13, Vidal left her aunt's San Antonio home with the children. Law enforcement was contacted and a welfare check was requested, but the report does not identify who made the request.
According to the report, a relative who spoke with Vidal by phone reported she was screaming that one child was possessed, that people were trying to burn down the home and that if anyone was going to hurt the children, "it would be done by her."
The report does not say whether the case was classified as Priority I or Priority II. According to DFPS policy, Priority I investigations must be initiated within 24 hours of the department's receipt of a report, while Priority II investigations must be initiated within 72 hours. The report does not say whether the required response deadlines were met.
According to Vidal's family, Vidal drove back to Edinburg with the children that same day. Walmart customers reported that she was acting and speaking erratically.
Edinburg police officials confirmed their officers spoke with Vidal but said they had no legal basis to arrest her or place her under an emergency detention.
Carrie D. Wilcoxson, a former CPS investigator who has worked as a CPS case consultant for more than a decade, reviewed the investigative report at the Express-News' request.
Wilcoxson, who previously led a statewide Child Abuse Prevention Task Force and helped draft several Texas child-welfare laws, said the public report is too limited to determine whether CPS violated policy.
"I don't think that this was just a potential CPS breakdown in 2025," she said. "I am concerned that there may have been some opportunities to intervene by law enforcement entities in 2026."
Wilcoxson said concerns about Vidal's behavior during the 2025 traffic stop, the hospitalization that followed, the children's presence in the vehicle, their ages, Adrian's autism and nonverbal condition, the family's CPS history and Vidal's refusal to participate in services were significant risk factors despite the agency's final "moderate" risk assessment.
Given those factors, Wilcoxson said, it would not be unusual for CPS to consider legal action, including court-ordered services or removing the children from Vidal's care.
The report does not show whether CPS considered such action.
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This article originally published at CPS got warnings about mom's behavior before children killed, report shows.