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Ponderay daycare owner enters 'Alford plea.' Here's what that means

Little Fit Day Care's owner is charged with injury to a child after a six-month-old baby was spanked and bitten by another child for approximately 20 minutes.

The owner of Little Day Care in Ponderay, Idaho, has taken an Alford plea, according to court records.

Dennis McLeish's jury trial was scheduled for May 31, 2019. The trial has since been canceled because he entered the plea. 

In early April, Little Fit owner Dennis McLeish pleaded not guilty to a charge of injury to a child in Bonner County Magistrate Court, after a baby at the day care was injured by another child. 

On May 29, he entered into an Alford plea. 

The Alford plea, also known as a “best-interests plea,” registers a formal claim of neither guilt nor innocence toward charges brought against the defendant, according to the Legal Information Institute.

According to the institute, an Alford plea stops the full process of a criminal trial because the defendant accepts the ramifications of a guilty verdict without first admitting to the crime. 

McLeish's sentencing hearing is scheduled for June 5. 

A previous investigation by the Ponderay Police Department revealed that a 6-month-old baby was severely beaten for about 20 minutes by another child at Little Fit. 

KREM first reported that Little Fit Day Care's license had been suspended on March 8 following an investigation that found that an unattended 6-month-old infant was injured by a group of children. 

The Idaho Department of Health and Welfare notified the business that it had violated its agreement under the Idaho Child Care Program.

Ponderay police said they were called to Little Fit on Feb. 24 following a report of an unresponsive and unconscious baby. After law enforcement arrived, the baby was taken to Bonner General Health's emergency department in Sandpoint.

Police said the baby was spanked and bitten while at Little Fit.

Five children, including the 6-month-old baby, two twins just under 2 years old and two older toddlers were left alone in a room at Little Fit for about 30 minutes, according to police. 

McLeish was the only staff member present at the time and left the children unattended, according to police. It was during that time that the baby was severely beaten for approximately 20 minutes, police said. 

Idaho Health and Welfare says infant was 'completely unattended' 

KREM previously reported that the Idaho Health and Welfare wrote that the infant was "completely unattended" in a letter to McLeish. 

"In the absence of your care, the infant was hit, held down by the back of the neck, dragged across the carpet, head butted, bit, and hit with wood and plastic toys by other unattended children," the letter reads. "The children's actions toward the infant, without any adult supervision or intervention, lead to the infant's serious injury which required medical care and hospitalization."

"Staff at your facility explained that after the incident they received a 'group message' from you 'stating that no one is allowed to leave the children unattended,'" the letter continues.

State regulators also said that McLeish failed to report the neglect, which is also a violation of Idaho's childcare laws.

According to Idaho law, day care licensing is operated by the Idaho Department of Health and Welfare in conjunction with local agencies and health districts.

Day care providers must be licensed if they care for seven or more children. McLeish said that Little Fit serves over 100 children.

When contacted by KREM, McLeish denied that child neglect was to blame for the incident. McLeish said that he would be contesting the state's decision.

"I think the state made the wrong decision," he said.

The incident occurred when he went to answer the front door of Little Fit while a group of children were playing, McLeish said. He added that the child was within earshot and that he was following "legal requirements" at the time. 

He said that during the time frame when the baby was injured, he didn't hear anything that caused concern. He subsequently returned to the area to find blood on the baby with "numerous" bite marks.

McLeish emphasized that he had been following state requirements. According to IDHW, licensing rules require that an "owner or operator and all staff are responsible for the direct care, protection, supervision, and guidance of children through active involvement or direct observation."

McLeish also said that he felt bad for the infant's family and wanted to support them.

"I love all of these kids," he said of Little Fit's clientele.

The allegations have caused unnecessary backlash against his family and business, McLeish said, including negative online reviews and comments of Little Fit. 

"My whole family is hurting over this," said McLeish, adding that he has four children himself. He said that the incident with the injured infant "could have happened" to anyone.

According to IDHW's letter, McLeish's provider agreement through the Idaho Child Care Program is denied for five years. McLeish has thirty days to appeal.

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