The Cook County sheriff in Chicago is asking the Department of Child and Family Services to see if Advocate Christ Medical Center followed proper protocols in reporting the birth of Marlen Ochoa Lopez’s baby.

Marlen Ochoa-Lopez’s family is still holding out hope that little boy will pull through, despite his grave condition. A family spokesperson said the child opened his eyes for the first time as his father held him. The family is also preparing for Marlen’s funeral.

The sheriff’s office is now questioning if the hospital the boy was taken to may have violated state law by not immediately reporting a woman who claimed to be the mother of a newborn had not given birth. That woman, 46-year-old Clarissa Figueroa and her daughter, Desiree, have been charged with the teenager’s death.

The Cook County Sheriff’s Department released a statement, saying, “We will ask DCFS to advise if this unspeakably tragic set of facts was reportable by a mandated reporter. If they determine it was, we will ensure it is immediately investigated.”