I know no one asked but I wanted to give my prediction: They won't spend time incarcerated and their kids won't be taken away.
If the maximum they could be sentenced to is 6 years, they wouldn't likely spend much time in jail, if they did get convicted of the maximum, because it's such a short sentence - people don't usually get the maximum and most people don't serve the maximum. Also, Colorado is currently purging the system of non-violent offenders so I'm sure they aren't interested in adding two more.
Also, they'll probably strike a deal anyhow, for, at the most, house arrest. More likely restitution and community service.
As far as CPS is concerned, sadly, they have far greater problems in their over-taxed systems than three kids being neglected, emotionally abused and raised to be sociopaths. And because the child welfare system is the way it is, I don't necessarily think removing them from their parents and into foster care would be great for the kids anyhow. It's an out of the frying pan into the fire kind of thing.
But, if that option is not on the table, there is will be no way to get these parents to toe the line. I do hope CPS gets involved in a significant way because I believe three little lives are being destroyed by such neglectful, emotionally abusive parents. I just wish we had a better system for abused kids and these are abused kids, IMO. More money, more social workers with smaller case loads and better training, and more and better foster parents. Because, these people have no business trying to be parents and if their kids were put into the system, there would be a small chance for the parents to change.
Finally, I was really hoping that Heene would do the right thing and own up to what he did, instead of saying he will plead not guilty, before any charges were issued. They are totally damaging their kids and the only way to mitigate the damage is for them to say, "Mommy and Daddy made a huge, bad mistake. It was the wrong thing to do and it was very wrong for us to involve you. LE is not a prop to be misused. They are our friends, there to protect us and we misused them. Also, it's very bad to cry wolf. If we have an emergency in the future, we might not get a response because now no one can trust us and that's dangerous. And finally, it was wrong for us to lie, to pretend to be concerned about you and to ask you to lie. We want you to grow up to be good men, not liars. We also want you to know that our love and concern for you is real, not an act. We want you to feel safe with us. Mommy and Daddy are very, very sorry. We are going to take responsibility and try to make up for what we did wrong. Please forgive us."
If they don't do that, there is really no way they can fix the psychological damage they have caused.
And I believe, although the mother is somewhat passive and has followed her husband's lead, that she is just as culpable. It was her voice on the 911 call crying and practically hyperventilating in fear over her son. I thought it sounded believable.
It was also her who you can see coaching Falcon in the aha CNN interview and then saying, "Noooo" when he spilled the beans, sending the message, on camera, that he was wrong in what he was saying. She is just as sick, IMO.