LUBBOCK, Texas - The state got permanent custody Monday of five of the seven children who authorities said they found in a filthy, rat-infested home where their mother had stored her miscarried fetus in the refrigerator.

The parents and Child Protective Services reached the agreement, after mediation. Their parental rights for the other two children were terminated.

The seven, who ranged in age from 9 years to 11 months when found, have been in temporary custody of the agency in foster homes since their removal in July 2007.

Gloria Ramirez, 27, and the father of most of the children, Anthony Moya, 42, each face seven charges of child endangerment stemming from the alleged conditions in the family's home when the seven children were removed.

Ted Hogan, Ramirez's criminal attorney, declined comment Monday.

Cynthia Mendoza, who represents Moya in the criminal case, did not immediately return a call seeking comment.

Lisa Ratzke, who represents Ramirez in the CPS case, said her client has worked "very, very hard" since the children were removed.

"She has done everything CPS has asked to her to do," Ratzke said.

The state took temporary custody of twins Ramirez and Moya had in May but the couple is still fighting for custody of the five placed in permanent state custody. The couple no longer has parental rights to the oldest and youngest children who were in the home in 2007.

The oldest child is with her biological father and a family is in the process of adopting the youngest child.

It was very hard for them to do, but there are still seven other kids that they need to fight for," said Angela Baskerville, Moya's civil attorney.

Authorities discovered the horrible conditions of the home after Ramirez called a funeral home to ask about a casket for the fetus she had just delivered in her bathtub with the help of her 9-year-old daughter.

Officials found stacks of dirty diapers - nearly 4 feet high in closets - throughout the house, along with rat, roach and lice infestations, according to court documents. There was little food, and children told investigators they ate only a hot dog out of the freezer for breakfast because they weren't allowed to open the refrigerator, documents show. The fetus was inside a baby wipe box.

The state from the beginning has pursued termination of parental rights and adoption for all the children, agency spokesman Greg Cunningham said Monday.

"That has not changed yet," he said. "Our objective has always been to protect the children."

Typically, the agency aims for family reunification after removing children for abuse or neglect. But given the family's history, officials have said, CPS has departed from that goal. In 1999, the agency temporarily removed the two oldest children from the couple's home for neglect.