Even though they are behind bars, the parents will retain full custodial rights to their children, and will therefore be able to made decisions about their care, said Jane Spinak, a professor of law at Columbia University School of Law in New York.
The two girls are with child protective services while authorities reportedly vet the guardians their parents have designated for them.
Those children will undoubtedly have a hard time handling this trauma.
"Even if the child ultimately ends up being able to go home to the parent or relative of close friend, it's still traumatic to see this happen to the parents," Spinak told "Good Morning America."
ABC New's Jason Ryan, Megan Chuchmach, Richard Esposito and Matthew Mosk contributed to this report.