On May 22, 2008, an appeals court issued a writ of mandamus to Judge Walther and found that there was not nearly enough evidence at the original hearing that the children were in immediate danger to justify keeping them in state custody. The court added that Judge Walther had abused her discretion by keeping the children in state care. The court ruled, "The department did not present any evidence of danger to the physical health and safety of any male children or any female children who had not reached puberty." The children were to be returned to their families in 10 days. CPS announced they would seek to overturn the decision. On May 29, the Texas Supreme Court declined to issue a mandamus to the Appeals Court, with a result that CPS was required to return all of the children. The court stated, "On the record before us, removal of the children was not warranted." The court also noted that although the children must be returned, "it need not do so without granting other appropriate relief to protect the children".