I work for a foster care agency in the area and though I can't tell you whether or not these children are in our care, I can tell you that if they are, they are being well taken care of by very loving people. We also have what are called "therapeutic foster homes" for children dealing with some deep emotional stuff.
In terms of civil and criminal charges as they pertain to child protective services, most cases are handled in family court, and deal with civil charges, if that's even the right term. Even when things are serious enough for a TPR (termination of parental rights), the charges are addressed in family court. I've testified numerous times in these cases and only a handful of times have the parents been charged criminally. If BV had not been the legal guardian of the children in her care, the charges would more likely have been criminal. CPS charges of inadequate guardianship, lack of supervision, and neglect are the most common in natre (the latter less so), even in severe cases - most all handled in family court.
Crazy, right?