A 55-year-old Fuquay-Varina woman is facing felony charges after police say a 9-month-old baby in her care suffered multiple leg fractures while she was running a childcare operation without a license. Mia Lashawn Pennington was arrested Wednesday, according to court documents, and remains held without bond as her case moves through Wake County court.
Fuquay-Varina police officers charged Pennington with felony child abuse and felony providing child care without a license, according to WRAL. A warrant obtained by CBS 17 identifies Pennington as the caretaker of the infant, who suffered fractures to the lower right leg on Aug. 13.
The warrant alleges Pennington left the infant unattended and/or exposed and prone to injury at the time of the incident, per the same account. Court records cited by the station indicate Pennington was not given bond following her arrest and was scheduled to make her first appearance in Wake County court Thursday afternoon.
First Court Appearance, Next Hearing Set for December
Pennington made her first court appearance Thursday, and her next hearing has been scheduled for Dec. 3. The warrant's allegations have not been independently verified beyond what court documents describe, and the evidence does not establish how the infant sustained the fractures.
North Carolina law lays out specific definitions for what constitutes regulated child care. Under the state statute governing child-care facilities, child care is generally defined as regular care provided at least once a week for three or more children under 13 who do not live where the care takes place, for more than four but less than 24 hours a day, according to the North Carolina General Assembly. That general definition alone does not establish whether Pennington's arrangement falls within the law's scope.
What North Carolina Statutes Say About Unlicensed Care and Child Abuse
The same statute states that offering or providing child care without complying with licensing requirements is unlawful and may constitute a Class 1 misdemeanor, while operating a child-care facility without a current license can rise to a Class I felony if done willfully, per the North Carolina General Assembly. The evidence in this case does not establish which of those provisions applies to the allegations against Pennington.
Separately, North Carolina's child-abuse statute makes it a Class D felony for a person caring for or supervising a child under 16 to intentionally inflict serious physical injury, defined as physical injury causing great pain and suffering, according to the North Carolina General Assembly. It is not established in the available evidence that this intentional-injury provision forms the basis for the charges filed against Pennington.
No response from Pennington or an attorney representing her has been made available in the reporting on this case. The case remains pending, with Pennington's next court date set for Dec. 3.
