A 2-year-old boy drowned Monday evening after falling into a swimming pool at a house off County Road 170.

The Jim Wells County Sheriff's Department and Children Protective Services are investigating the incident. An autopsy was being performed on Tuesday on Joaquin Pena, 2, as ordered by Pct. 1 Justice of Peace Juan Rodriguez Jr.

“It's customarily kids under the age of seven…it's the state law to order an autopsy,” said CID investigator Lt. Brandon Torres with the sheriff's department.

CPS is also called in when a death of a child occurs, officials said.

Torres said the father of the child, Jose Pena, was playing with the 2-year-old child and three other children in the front yard in the 900 block of County Road 170. Officials said the father went inside with the children to fold clothes when it was discovered that the boy was missing, so they searched for him inside the house, before finding the boy in the backyard pool about 7 p.m. Monday.

The pool was filled with debris and it was not completely filled with water.

“It's an in-ground pool,” Torres said. “The deepest end is 10-feet, but it only had about five-feet of water and it had algae. It hadn't been used and it had water from rain and debris. It wasn't maintained.”

Officials said the pool was not secure with a fence line or gates.

As the family was en route to the hospital on Monday, Torres interceded and continued CPR on County Road 116 as they waited for EMS.

“When I took over CPR, I checked for pulse and there was no pulse at that time,” Torres said.

Investigators and CPS were at the scene through 5 a.m. Tuesday gathering evidence and interviewing family members.

It is unknown whether anyone will be cited or arrested or if the incident was merely an accident, officials said.

“We're still investigating,” Torres said.