Prosecutor to examine baby's death

The ball is in the prosecutor’s court to decide if a former day care operator will be charged with the death of a child in her care.
Becky Vargo
Jan 8, 2014


Fruitport Township police announced Tuesday that the investigation into the Sept. 10, 2013, death of a 5-month-old boy was finished.

Lt. Bruce Morningstar said the release of the autopsy results was one of the determining factors in completing the investigation.

Muskegon County Prosecutor D.J. Hilson said his office hasn’t received the report, possibly because the courts were closed Tuesday due to extreme weather conditions.

Hilson declined to speculate on what, or if any, charges might come out of the report.

“Every investigation is different,” he said. “If it’s not complete, we’ll ask them to do follow-up.”

Hilson said he couldn’t put a timeline on when any decisions would be made about the case.

It’s been almost four months since the child died at Jan’s Daycare, a facility run by Janet Boyer at her home in the 3600 block of West Fuller Road in Fruitport Township.

The boy was put down for a nap at 1:30 p.m. Sept. 13, and was he found unresponsive when his mother arrived just over an hour later. Attempts to revive the child were unsuccessful, and the boy died later that afternoon at a Muskegon hospital.

Boyer’s day care license was suspended after an investigation by the Michigan Department of Human Services found seven violations in the home. These violations included: appropriate care and supervision, infant supervision and sleeping, bedding and sleeping equipment, children’s records, ratio of care giving staff to children, and medication administrative procedures.

To read more of this story, see today's print or e-edition of the Grand Haven Tribune.



The baby died from SIDS. How can she be prosecuted?

Former Grandhavenite

I think the concern is that since apparently the ratio of caregivers to children was smaller than that legally allowed, this death might have been preventable if there had been more staff members and therefore more frequent checks on the kids. I don't know any of the facts of the case or have any clue what actually happened by the way- I'm just saying that's probably why they want to look into it further. I believe certain types of beds/cribs, and even things like the placement and orientation of the baby in the crib also increase the risk of SIDS, and apparently some of that wasn't up to code either. There's no way the daycare was "at fault" for the kid's death, but it sounds like it's at least possible they could have prevented it.


This is a terribly sad incident. I am sure the day care provider feels horrible beyond description and the parents are living a nightmare. Having said that it is my opinion Mrs. Boyer has been punished enough. The child was sick according to earlier reports when he arrived at the day care facility. I don't think any further finger pointing needs to go on. Sending it to the prosecutor's office is surely just a matter of protocol.


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