DCFS caring for 6-year-old who fatally stabbed 2-year-old brother
CHICAGO (CBS) — A 2-year-old is dead after he was stabbed to death by his 6-year-old brother in Joliet. But could there be charges?
CBS News Chicago Legal Analyst Irv Miller says he cannot think of any case in his career in Illinois when a child under the age of 10 was charged with a delinquent offense.
The Department of Children and Family Services is involved in this investigation to guide police on exactly what to do next.
It was a somber Saturday in the south suburban neighborhood. The minds of those in the 2700 block of Fairway Drive were swirling.
"And everyone is just heartbroken," said Samuel Barnett, outreach team lead for Illinois Youth and Family Services.
Police say the 6-year-old boy stabbed his 2-year-old brother with a steak knife inside their home on Friday. The mother and grandmother were home when it happened.
The mother called 911.
"Our hearts go out to this family because, in our opinion, everyone in this incident is a victim," said Sgt. Dwayne English with the Joliet Police Department.
Miller says this 6-year-old cannot be placed in a detention facility or jail, which is the case for any child under the age of 10 in the State of Illinois.
"There's no minimum age for charging, but I have never in my career, both as a prosecutor and as a defense attorney, seen a child 10 or under charged with a delinquent offense in the juvenile courts. And I don't think I'm going to see it in this case either."
DCFS is caring for the child after conducting a mental health evaluation.
"DCFS will provide services not only to the 6-year-old but to his family. Trying to keep this family intact. Trying to provide any type of psychological or any type of family reunification services for this family. If DCFS lacks the resources, the county will step in. And community agencies out there, non-profits can even get involved to try to help this family get through this tragedy," Miller said.
One of the agencies helping is Illinois Youth and Family Services, which was present throughout the day to offer a shoulder to lean on.
"Just try to be part of the healing process going forward with this," said Jaron Nabors Sr., outreach supervisor for Illinois Youth and Family.
Joliet police say they have responded to the home three of four times since 2021 for domestic-related incidents, but it is unclear if there were any previous calls involving children and if they were in danger or a threat. That could result in charges for the mother if she was aware of any dangers or threats and did not take action.
The Joliet Police Department is holding a stress debriefing Sunday for their own staff who are coming to terms with this tragedy.