Name: Marisol
Allegation: Risk of Injury
Penalty Avoided: 5 Years on State Registry
Marisol and her teenage son, Connor, who struggled with mental health issues, lived in Chicago. At 16 years old, he attempted to run away, though Marisol was able to track him down and convince him to come home. During the incident, her son became agitated, pulled out a knife, and threatened suicide. In an attempt to stop her son from hurting himself, Marisol reached for the knife. As she struggled to take the weapon out of her son’s grasp, he punched her in the face and Marisol defended herself from this blow. After she called for help from her boyfriend, Connor relinquished the knife.
When Connor was absent from school the next day, Marisol explained to the school what had happened. The school called Illinois Department of Child and Family Services (DCFS) and Connor was admitted to a hospital for one week. He was diagnosed with anxiety and depression. Since this isolated incident, Connor has been on medication and is doing well.
Shortly thereafter, Marisol was indicated for child abuse under Allegation #10, Substantial Risk of Physical Injury. Under Illinois law, self-defense is a valid defense in this context, so Marisol’s actions should not have been judged as unnecessarily violent. Nevertheless, DCFS proceeded to indicate Marisol for preventing her son’s attempts at suicide.
Marisol’s boyfriend and 13 year-old son both witnessed the incident. During the hearing process, they testified in support of Marisol. Connor also affirmed that he struck Marisol first, and she did not put him in significant danger during the incident.
The Family Defense Center intervened in Marisol’s case, assisted by pro bono counsel Siobhan Murray (pictured here with Marisol). Thanks to her efforts, the DCFS agreed to voluntarily unfound the child abuse indication and Marisol was exonerated.