Marlen Ochoa-Lopez Death: Baby opens eyes for 1st time

CHICAGO -- The Cook County Sheriff is asking the Department of Child and Family Services to see if proper protocols were followed in reporting the birth of Marlen Ochoa Lopez's baby.

Meanwhile, 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.

WATCH: Husband speaks about Marlen Ochoa-Lopez's death

"It's so hurtful, so hurtful to see the person, your wife, who you lived with for four years and now you see her with her eyes closed," he said.

The sheriff's office is questioning if the hospital the boy was taken to 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 Tuesday, saying, "The Cook County Sheriff's Office is not investigating Advocate Christ Medical Center, which provides excellent care to its patients, their families and the community. The Sheriff's Office will discuss with the Department of Children and Family Services whether there were mandated reporting irregularities that occurred in regard to this tragedy."

In a statement on Monday, the sheriff's office said, "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."

DCFS released a statement Tuesday saying, "Regulating hospitals fall under the purview of The Illinois Department of Public Health and Centers for Medicare & Medicaid Services. DCFS will provide any support needed to the family in this case and to those handling any investigations into this matter."

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Prosecutors said, a technician at Christ Medical Center cleaned blood from Figueroa's arms, face and hands but it was unclear if any one verified if she actually gave birth. The family also asking demanding the same answers from hospital authorities.

"I'm just thinking in my own mind, if I see somebody coming in with a baby, with an umbilical and placenta, why does the mother look like she is good health, that has no blood, normal clothes. That doesn't make logical sense to me," said family attorney Frank Avila.

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Police were seen investigating outside a home on Chicago's Southwest Side where a missing pregnant teen's remains were found.

DCFS said it was first contacted May 9, two weeks after police say Ochoa-Lopez was murdered and her baby forcibly taken from her womb.

Monday, a representative for the family say they plan to meet with hospital administration again, hopefully to get answers.

"We're in unfamiliar territory," said family spokesman Julie Contreras. "We've never had a case like this and neither have they but they do as an administration, as a company, as a corporation have to answer to questions about how it came about that two criminal individuals, three, surrounded this child for X amount of days."

Currently, there is no law or regulation to ensure a baby belongs to the person who brought them there.

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Christ Medical Center released a statement saying, "Our thoughts and prayers continue to be with the Ochoa-Lopez family. Our clinical team is committed to meeting regularly with patients and families to ensure there is open dialogue about treatment paths. Out of respect for the family's privacy, we are unable to comment on the specific content covered during our time together."

WATCH: Mural memorializes young, pregnant mother killed from East Pilsen

A new memorial on Chicago's South Side honors the young pregnant mother, Marlen Ochoa-Lopez, killed and her baby removed from her womb.

The League of United Latin American Citizens said they would be filing a complaint on behalf of the family against the Chicago Police Department for the way the family was treated, alleging police did not take them seriously during their investigation into Ochoa-Lopez's disappearance.

Chicago police spokesman Anthony Guglielmi released a statement Monday evening, saying:

"What happened to Ms. Ochoa was senseless and the offenders responsible are barbaric cowards. Since her initial disappearance, detectives worked this case thoroughly and we were all devastated to learn what happened. We can't help but take these cases personally and cannot begin to imagine the immense grief and suffering this family must be feeling. Our heartfelt condolences go out to the entire family and we will ensure that any complaint filed against the department is investigated independently and thoroughly."

Representatives said the infant boy will undergo more tests, but so far is still in grave condition.

Marlen Ochoa-Lopez's funeral is this coming Saturday at Mount Auburn Funeral Home in Stickney. Visitation will be held on Thursday and Friday.

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