Daycare where boy died is shut down, but it shouldn’t have been operating in the first place

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MILWAUKEE -- The daycare center where a three-month-old child died last month has officially been shut down. It turns out, the facility should not have been operating in the first place. Now, the provider could possibly face charges in connection with the fatal incident.

Back in July, Jonathan McCoy recalled the last words he spoke to his three-month-old son, Payton.

"I said 'I love you son. I'll see you later,'" Jonathan McCoy said.

A short while later, Payton's mom Denise had to rush to the babysitter's home near 87th and Arden.

"They said call the babysitter right away. The baby stopped breathing," said Denise McCoy. It was there that the infant died.

Payton McCoy

Payton McCoy

According to the Milwaukee County Medical Examiner's Office, the baby "had been placed on his back on an oval infant cushion that was on a twin bed. When he was found, he was face down on the bed having probably rolled off the pillow. His head was against the wall and part of his face was over the space between the mattress and the wall."

Payton McCoy

Payton McCoy

"I just don't think it was a safe sleeping environment for him," said Denise McCoy. The report also notes that Denise stated that she did not like the pillow the provider, Twyla Will, was using and had mentioned to her not to use it. During the investigation, Will told authorities she felt the state had too many restrictions and she did not agree with them. As it turns out, Will was not licensed by the state.

Payton McCoy

Payton McCoy

Days after the incident, the Department of Children and Families (DCF) confirmed Will illegally operated a childcare facility in violation of Wisconsin law and was ordered to cease operations. Recently, DCF made a surprise visit to the home to double check the daycare was not in business. Initially, Will was taken into custody for neglect and was released. Right now, DCF is working with local law enforcement and the Bureau of Milwaukee Child Welfare regarding potential charges against Will. The decision to issue criminal charges lies with the Milwaukee County District Attorney's Office -- which is still reviewing the case.

CLICK HERE to make a donation to Payton McCoy’s account.

payton mccoy


  • Mel

    Is it only me that thinks the parents are at least PARTIALLY at fault here!? I’m a parent and would look more thoroughly into WHO I am leaving my infant son with BEFORE I go and leave him there. I am getting angry that people always blame the daycare only, no matter what you should have made them provide PROOF they are legally operating and make sure they are CPR certified. What IDIOT CALLS A BABYSITTER WHEN A CHILD STOPS BREATHING INSTEAD OF 911!? Again, as a parent it is YOUR responsibility to ensure that the place you are entrusting someone so precious to watch and care for isn’t a bunch of incompetent and negligent fools like this place. And didn’t the parents NOTICE THERE WAS NO CRIB THERE!? DID THEY BOTHER TO CHECK!? This is so sad that people have no common sense anymore.

  • LolaSurfGirl1

    I agree with you Mel. In the previous article it stated the parents did a background check. Wouldn’t it have shown that the babysitter was not licensed? Anyway, I would have done complete tour of the house to see where my child would be sleeping and I would have asked questions.

    • Mel

      Thanks LOLA,

      We need to start telling these people that they are at fault too, no matter how much it hurts. Cause a well educated and informed parent would not have mishaps and disasters like this happen when they know that they are placing their child at risk. It is so easy this day and age to point the finger at the place a death happens but you have to look at the other side of the story, which often is not mentioned or acknowledged at all, the background check says only what the individual has or has not on a criminal standpoint, it doesn’t tell you that this person is PROPERLY trained or licensed to care for children. We need to stop this type of horror from ever happening to another parent, period.
      If someone chooses to put their kid at risk with an unlicensed daycare, then let them CHOOSE to do so. I am not condemning all unlicensed facilities as bad, I am stating that we need to have clarity in having the right to CHOOSE it if they want, not find out this way. And parents need to take responsibility and say we need to thoroughly check and see the ENTIRE FACILITY to ensure that all is safe and up to safety standards we would find acceptable. Yes it takes TIME AND EFFORT to do so but you will not end up being sorry like this poor child if you do.

      • ok

        In previous articles it says that the provider told the parents she was not licenced. And they still chose to leave their child there. I dont believe the provider had any intentions of this happening. But I do agree as parents I would have walked the house and if there was no crib. I would of made other arrangements. But sadly Lienced or not, this can happen to anyone.

  • Emma

    Agree with previous comentators that the parents are at fault here. They should have been more carefull and attentive, choosing daycare for their child.

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