Texas CPS Investigation?

I have a question about a case, if someone went to the police to file charges about a father touching their baby's pp and laughing and saying "I have to take care of my boys" insinuating and the mom yelled to stop...the police closed the case due to the fact they felt and the mother that there was NO ual intent. He didn't play with himself or take off to the restroom or to be alone. He has now told his wife he meant it as a joke and now realizes he should not have done it and has NEVER done anything like that before. They knew CPS would still do their investigation, however the detective said when they called to set up appt let them know the case had been closed and why. The mom did that and the CPS Investigator said they still do their own investigation, the police investigate for criminal charges and CPS investigates on civil charges. I looked up civil charges vs. criminal and it says civil is usually a monetary penalty whereas criminal is usually prison time. My question is, does anyone have any experience and is it likely that CPS will end up filing charges? I was always under the impression the CPS and the police worked together. He has set up marriage counseling already...any advice will be greatly appreciated. PLEASE no rude responses or get a lawyer fast...it is a very sensitive situation and they need support.