LUBBOCK, TX (KCBD) - Two of the children whose brother was accidentally shot in a McDonald's drive-thru are now in CPS custody.
Court records show the two children were taken by CPS because the state ruled there was "an immediate danger" to their physical health and safety.
CPS says the move was in the best interest of the children.
Police reports indicate 12-year-old Damien Cortez was shot by his 17-year-old brother last Thursday.
Police said the shooting appeared to be accidental
A Celebration of Life service was held for Damien on Tuesday afternoon.
The case remains under investigation.