A 5-year-old boy from Spring who investigators say was nearly starved to death by his father and stepmother with begin living with his biological mother despite evidence she regularly smokes marijuana.
The decision came from Harris County Family Court Judge James Lombardino who says the state will retain legal custody of the child until he's convinced Windy Hall and her fiancé can provide a drug free environment for the child.
The results of drug tests released at the hearing revealed both were pot smokers.
The boy, who weighed only 29 pounds when he was rescued, will live at the home of a great aunt while his mother takes parenting classes and submits to random drug testing.
"I think everyone can agree that they did things that they were not proud of. That is not the case now. Jordan will be in a drug free and safe environment," said Hall.
Hall also revealed during the hearing that she has been diagnosed with bi-polar disorder, a fact which concerns Child Protective Services.
"If the pot doesn't stop, it's over for them. This child cannot be traumatized any more than he has already been traumatized," said Jared Woodfill, court appointed attorney for Hall's son.
The next hearing in the case is set for May. Hall says her son is set to be released from the hospital later this week.
Criminal charges are pending against the boy's father and stepmother.