The Richardson Police Department said investigators discovered a body around 11 a.m. Sunday in a culvert beneath a road and believe it to be the toddler, reports said. "So until we have a positive identification we are not going to say it is Sherin".
Mathews told police he checked on Sherin 15 minutes after he sent her outside and saw that she was missing.
The affidavit mentioned that the father was not too anxious and did a load of laundry and waited until after sunrise to report her disappearance to police.
Police initially charged Mathews with child endangerment and he was released on bond, reports said.
The body was found in a tunnel about half a mile from her home on Sunday.
Police Sgt. Kevin Perlich, said Mr Mathews and his wife adopted Sherin, who was malnourished when the couple took her in.
According to an arrest affidavit, Wesley told Sherin to stand near a large tree in the backyard. The body of the child was found in a culvert beneath a road around 11 am on October 22. They are now waiting for positive identification and an autopsy to determining what resulted in the child's death.
Five days after Sherin went missing, Richardson police announced they had evidence that a vehicle owned by Mathews left the home at approximately 4 a.m. for about an hour before returning.
Police were not alerted to her disappearance until about five hours later.
Investigators have seized phones, laptops and cars belonging to the family.
Last week, the CPS, without divulging much detail about the case, had said that it was involved with the family even before the disappearance of Sherin Mathews.
Sini has also hired a criminal law attorney, Kent Starr, though she doesn't face criminal allegations. "Indian Embassy in United States is actively involved and they keep me informed", Swaraj tweeted on October 19.