Update: Mendon daycare where baby died says it was allowed to care for infants

MENDON, Mass. — A private church daycare in Mendon where a baby boy died this week is pushing back against allegations made by the state that the program was not legally allowed to care for infants.

The Department of Early Education and Care told FOX25 the daycare at Bethany Community Church in Mendon only held a license exemption to look after pre-school aged children over three years old.

On Saturday, Bethany Christian Academy, which operates the daycare and a school at the church, posted a statement on its Facebook page saying, in part, “So many have entrusted their precious children to our care and we want to make it absolutely clear that we have in the past, present and will continue in the future to take all necessary steps to ensure that all of our programs are in compliance with the law.”

The school also shared, what it says, are original documents from the state granting the daycare a license exemption to look after children “under seven years of age.”

FOX25 contacted a spokeswoman with EEC about the apparent conflicting information on Sunday. She stood by the state’s earlier claim that the daycare was not licensed or exempt to care for infants and said, “nothing has changed.”

The spokeswoman said the state’s investigation was continuing and that there are “ongoing conversations between the church and EEC.”

Investigators reported a mother found her 10-week-old baby boy unresponsive at the daycare on Tuesday. The baby was later pronounced dead at a nearby hospital. Police have yet to identify the boy.

Prosecutors have said the baby’s death is not suspicious, but the tragedy has triggered two state investigations so far.

One advocate tells FOX25 the baby’s death highlights the need for licensing all daycares.

“There should be no exceptions,” said Jennifer Lane of Community Voices. “It’s important for daycares to be licensed so that we know our children are in a safe place, that the state has done their due diligence in making sure they have all the standards and guidelines in place to protect our children safely.”

FOX25 Investigates asked EEC why it hasn’t taken action.

The agency says a preschool at the church school got an exemption to operate without a license in 1996 because the facility is part of a private K-12 grade school.

But the state said that exemption only covers children between the ages of 3 and 6 – not infants. It’s an assertion that the school is disputing.

The state also confirms it hasn’t paid a visit to the school in 20 years, because of the exemption.

FOX25 asked Gov. Charlie Baker about it, but he stopped short of calling for immediate action.

“That investigation is ongoing and we need to finish the investigation as quickly as we can and then issue the findings,” said Baker.

FOX25 Investigates has been trying to find out how many other preschools or daycares received a license exemption and are going unmonitored.

But a spokeswoman for EEC said the agency couldn’t immediately say without checking all of its records by hand.

Cox Media Group