DALLAS — A judge has ruled that a family has the right to bury a biological son removed from his family’s home by Child Protective Services, not CPS.

James Fofanah was killed about two weeks ago while helping a stranded motorist when both were struck by a drunken driver. The 20-year-old good Samaritan had been raised by an older brother until CPS moved him to foster care in 2011 after he had a concussion caused by his brother.

A CPS attorney said the agency was willing to release the body to immediate family but was uncertain as to who constituted that immediate family. That determination came from state District Judge Emily Tobolowsky (toh-boh-LOW’-skee) Tuesday when she ordered Fofanah’s remains released to his biological family.